Paulina Rius
TEAM
Paulina Rius is a lawyer specialized in intellectual property and entertainment, with more than 20 years of experience. Through her career, she has worked in prestigious law firms in both Mexico and Europe, advising clients in various regions including Latin America, the United States and Europe. She has more than six years of experience in the entertainment industry, focusing particularly on talent representation and audiovisual matters.
AREAS OF EXPERTISE
She is an expert litigator in intellectual property, entertainment law, talent representation and audiovisual matters, which has generated a high and very positive impact among various clients and companies in the Mexican and international entertainment industry in recent years.
Spanish and English
- Completed a program for Foreign Lawyers at Hughes & Luce, L.L.P., Dallas, Texas (currently incorporated into K&L Gates)
- Accredited as an Aspiring Public Commercial Notary (Corredor Público) by the Ministry of Economy
- Bachelor of Laws, Universidad Anáhuac, Mexico.
- Master of Laws in Patents, Trademarks and Copyright, Universidad de Alicante, Spain.
- Master of Laws in Entertainment Law: Audiovisual Industry, Music, Sport and Shows, ISDE, Madrid, Spain.
- Global Entertainment and Sports Law Immersion, University of Miami School of Law, United States.
She was recognized by The Women’s IP World Annual, ranking #4 in Impactful Litigation and Case Law, which highlights her impact and leadership in the field of intellectual property litigation.
- Active member of INTA (International Trademark Association)
- Active member of ASIPI (Inter-American Association of Intellectual Property)
- Active member of CANACINE (National Chamber of the Film and Video Industry)
- Member of the INTA Brands and Sustainability Committee
- Speaker in specialised forums at renowned international events such as INTA’s Table Topics, I Love Trademarks Conference, Alt Legal’s webinar, and at the INPITCH 2022-2024 programme of the Centro de Capacitación Cinematográfica, where he has shared his expertise in intellectual property and entertainment.
- Legal publications: He has written specialised articles in high-level media such as The Trademark Lawyer Magazine, including his contribution on ‘Trademarks in the Metaverse’, providing his vision on the evolution of brands in the digital environment.
- Active member of INTA (International Trademark Association), the leading global organisation defending intellectual property especially in regard to trademarks. His membership in this organisation allows her to keep up to date with best practices and international trends.
- Member of ASIPI (Inter-American Association of Intellectual Property), which brings together professionals and companies dedicated to intellectual property in Latin America. His participation reinforces his commitment to the region and his contribution to the development of legal policies and practices in this area.
- Member of CANACINE (National Chamber of the Film and Video Industry), an organisation that represents the key players in the film and audiovisual industry in Mexico. Her membership reflects her active involvement in the protection of intellectual property rights in this industry.
- A member of INTA’s Brands and Sustainability Committee, which focuses on the development of sustainable branding strategies, Paulina Rius contributes with her expertise, promoting social and environmental responsibility in business practices.
Raúl Romero Trejo
EQUIPO
Raúl Romero Trejo is a legal professional with an outstanding career in the labour field, spanning more than thirty years of experience. Throughout his career, he has worked in renowned institutions and law firms, where he has demonstrated his ability to deal with highly complex labour disputes.
SPECIALIZATION AREA
Aware of the importance of keeping up to date with constant labour reforms and changes in the legal landscape, Raúl maintains a process of continuous training. This academic commitment allows him not only to update his knowledge, but also to anticipate the needs of his clients and offer effective solutions adapted to their particular circumstances, which is one of the reasons why his clients trust his advice.
Raúl has also worked at the Institute of Legal Research at the National Autonomous University of Mexico. His extensive experience, combined with his professional ethics, makes him a leader in the field of labour law in Mexico.
Spanish and English
- Bachelor of Laws. Faculty of Law, Universidad Panamericana.
- Specialist in Labour Law and Social Security. Specialisation in Labour Law. Universidad Panamericana.
- Specialisation in Amparo Law. Universidad Panamericana.
- Specialisation in Mexican Financial System Law. English for Law and Business, Ann Arbor, Michigan, USA.
- Member of the Mexican Bar Association.
- Member of the American Chamber of Commerce.
José de Jesús Bobadilla Medina
TEAM
José de Jesús Bobadilla Medina is a lawyer who has forged his professional career in the field of civil and commercial law, where he has demonstrated exceptional commitment and a constant dedication to excellence in legal practice. His methodical and analytical approach allows him to approach each case with an innovative and well-founded perspective, always seeking solutions that align with the interests of his clients.
SPECIALIZATION AREAS
Bobadilla’s expertise centres on the interpretation, application and litigation of civil and commercial law. His ability to break down complex regulations and apply sound legal principles is evident in his involvement in significant cases. One of the most notable cases of his career was his contribution to the legal team that addressed the revocation of authorisations for the use of transgenic corn in Mexico, where he worked on the formulation of legal strategies in the context of the first collective action procedures in the country. Through this experience, he developed a keen understanding of the challenges presented by class action litigation and administrative law, enabling him to effectively defend the rights and interests of his clients in an increasingly dynamic legal environment.
Spanish and English
STUDIES
- Bachelor of Laws. Faculty of Law. Universidad Nacional Autónoma de México, (UNAM).
- Postgraduate studies in Civil Law. Faculty of Law. Universidad Nacional Autónoma de México, (UNAM).
Ricardo Espinoza Razo
TEAM
Ricardo Espinoza Razo has a degree in Law and a solid professional track record in representing individuals and legal entities in various legal proceedings. His strategic and analytical approach allows him to tackle each case in a comprehensive manner, considering all the legal aspects and the particular circumstances of each client.
SPECIALIZATION AREAS
His experience covers civil, commercial and family law, where he has handled cases involving significant amounts and claims. Throughout his career, he has demonstrated a constant commitment to defending his clients’ rights, which has enabled him to obtain favourable results in the vast majority of the litigation he has handled.
Ricardo is recognised for his ability to develop effective strategies that are tailored to the specific needs of each situation, which translates into a high success rate in his court interventions. In addition, his ability to communicate clearly and persuasively has been instrumental in achieving favourable resolutions in negotiations and litigation.
Spanish and English
STUDIES
- Specialisation in Civil and Commercial Procedural Law from the Pan-American University 2023.
- Diploma in Amparo Proceedings from the Supreme Court of Justice of the Nation 2021.
- Diploma in Civil and Family Law, Oral Trials from the Faculty of Law. National Autonomous University of Mexico. 20 18.
- Degree in Law from the Faculty of Law of the National Autonomous University of Mexico 2013-2018.
Angélica Muñoz Benitez
TEAM
Angélica Muñoz Benitez is a litigation lawyer with 13 years of experience in civil and commercial law. Throughout her career, she has worked as an internal and external advisor for various financial institutions, implementing effective strategies for the monitoring of legal proceedings and out-of-court negotiations. Her proactive approach and in-depth knowledge of the sector have enabled her to achieve a remarkable success rate in debt recovery.
SPECIALIZATION AREAS
Her professional career has been characterised by a solid ability to identify the best legal and commercial alternatives in each situation. Angélica has worked collaboratively with internal and external teams, designing and executing strategic plans that optimise the portfolio recovery process. Thanks to her ability to negotiate and her insight in case analysis, she has been able to achieve favourable results for her clients, thus contributing to the financial stability of the entities she represents.
Her ability to adapt to changes in legislation and her dedication to continuous learning make her a valuable professional, always ready to face the challenges of litigation and debt recovery with determination and efficiency.
Spanish and English
STUDIES
- Universidad Nacional Autónoma de México. Faculty of Law. Bachelor of Laws (2006-2011)
- Universidad Nacional Autónoma de México. Faculty of Law. Specialisation in Family Law (2012-2013).
- Universidad Latinoamericana
- Master’s Degree in Corporate Law (January 2020-May 2021)
- Diploma in Amparo Proceedings awarded by the Supreme Court of Justice of the Nation.
Jaqueline Piña Monroy
TEAM
A graduate of the YMCA University School of Law, where she received her law degree, Jaqueline Piña Monroy specializes in corporate law.
Ms. Piña Monroy has several postgraduate studies, including a specialization and a master’s degree.
SPECIALIZATION AREAS
Piña Monroy has been dedicated to corporate consultancy, specialising in business matters. In addition, Jaqueline has developed diverse negotiation skills that allow her to advise her clients with a human and legal perspective, focusing her expertise on the resolution of conflicts between individuals and legal entities.
Spanish and English
STUDIES
- Law degree. Universidad YMCA. 2017
- Criminal Law Specialization. Universidad YMCA. 2018.
- Master of Laws. Universidad YMCA. 2019.
- Diploma in Amparo Trial. Suprema Corte de Justicia de la Nacion. 2022
REPRESENTATIVE MATTERS
As a public servant in the Secretariat of Urban Planning and Public Works of the Municipality of Naucalpan de Juárez, State of Mexico, Ms. Piña Monroy managed the reactivation of 150 files relating to various Common Administrative Procedures, obtaining the execution of various resolutions issued from 2011 to 2018.
Cristopher Osorio
TEAM
A graduate of the Universidad Autónoma Metropolitana, Cristopher has specialised his practice in civil, commercial and administrative litigation. For this reason, he has a deep understanding of the legal framework and laws pertaining to these matters, coupled with a unique ability to provide solutions to complex legal situations.
Cristopher is also known for keeping up to date with the latest laws and regulations pertaining to the legal forum, which allows him to work more effectively and in close collaboration with his clients, in order to develop solid strategies for their benefit.
SPECIALIZATION AREAS
Mr. Osorio has participated in the research of contemporary legal phenomena for the elaboration of reform projects and law initiatives.
Spanish and English
STUDIES
- Universidad Autonoma Metropolitana Law Degree 2015 – 2019.
- Universidad Abierta y a Distancia de Mexico. Bachelor’s Degree in SME Management and Administration. 2016 – 2023.
- Course for applicants for the position of civil court secretary or clerk. Poder Judicial del Estado de Mexico. 2023- 2024
- Virtual attendance at the Introduction to the study of the National Code of Civil and Family Proceedings. Consejo de la Judicatura Federal. 2023
- Online seminar “El levantamiento del velo corporativo de las sociedades mercantiles,
- Evolución jurisprudencial en México”, Consejo de la Judicatura del Poder Judicial del Estado de Jalisco. 2022.
REPRESENTATIVE MATTERS
Advising on the civil lawsuit brought against a leading US company in the film industry for a film with international impact.
SJN: Waiver in accordance with the principle of the primacy of reality
We consider of utmost importance that the employers of the country take into account this criterion that may be definitive in the viability of the defense of labor lawsuits based on the resignation from work.
In our country, unjustified dismissal has been one of the main causes of individual labor conflicts. According to the National Institute of Statistics and Geography (Inegi) during the year 2022, 85.8% of the cases that reached labor courts were for such reason.
In this regard, the Third Collegiate Labor Court of the Seventeenth Circuit determined that according to the principle of primacy of reality, which refers to the fact that the judge must give preference to the facts, more than to the documents offered in trial always in benefit of the worker; the labor courts must analyze the verisimilitude of the resignation, taking into account the particular characteristics of the case and the personal conditions of the worker, such as: seniority, position, age, preparation, economic solvency, payment of severance, among others.
The court based its decision on the third paragraph of article 17 of the Mexican Constitution, which establishes that: "provided that equality between the parties, due process or other rights in the proceedings are not affected (...), the authorities must give priority to the solution of the conflict over procedural formalities".
Likewise, it indicated that in accordance with Article 841 of the Federal Labor Law, the labor courts must issue their sentences on the basis of known truth and good faith, appreciating the facts in conscience, without the need to subject themselves to formalisms or rules in relation to the evidence provided by the parties, but always expressing the motives and legal grounds on which they are based, being clear and congruent with the claims deduced in the trial.
In this way, both laws provide the guideline so that in case of alleged resignation or alleged unjustified dismissal, the Labor Court has the obligation to analyze its verisimilitude, assessing the conditions of the workers.
This jurisprudence was published in the Judicial Weekly of the Federation (SJF) with digital registry 2027272 on September 22, which is why it is considered of mandatory application as of Monday, September 25, 2023; and it is important that companies comply with these new standards.
PREVENTION OF LEGAL RISK IN CRIMINAL MATTER BY COMPANIES.
The concept of Compliance was recently introduced in the Mexican legal system, in 2014 thanks to the reform of the National Code of Criminal Procedures, it became a regulatory trend for Mexican companies in order to prevent and deal with internal conflicts.
Nowadays Companies in Mexico are introducing legal- criminal compliance due to the increasing risk they face in the industry as part of their daily based activities. They ́ve opted to adopt anti-corruption management systems based on international standards, which translates into criminal compliance.
The effectiveness of criminal compliance is undisputable, the purpose is to prevent and detect possible criminal offenses within the company. With that companies’risks are declining by implementing these procedures and practices.
As a reference of the social and security relevance compliance holds, a recent study made by a consulting firm, has estimated that in the last three years, 86% of Mexican companies were victims of fraud and only the 63% took legal action against the responsible, this lack of motivation resides on the doubt people have on regards of the success of Mexican authorities in the criminal investigation and judicial system, more specifically at the impartation of justice by the state. The way these conducts occur may change but it is very common that they happen among members of the same organization and/or with third parties. It can also happen between agents of the private sector and in the public sector.
The consequences of not having an appropriate criminal compliance as a company, can be extremely serious, some of them could be fines, economic sanctions, disqualification from engaging in commercial activities and even imprisonment.
It is for this reason that it is necessary for companies to carry out crime prevention programs, train employees, create internal policies of conduct, and establish internal complaint channels, in addition to collaborating with the authorities in the event that a crime is detected, carry out a quick and effective investigation and pursue sanction if necessary.
For more information on Criminal Compliance, contact the experts in this area:
Eliser García Macdonel
egarcia@muclaw.mx
Aldo Julián Rubio
arubio@muclaw.mx
Amendment to the General Law of Commercial Companies. Meetings and Sessions by remote and technological means.
On October 20, 2023, a decree amending several provisions of the General Law of Commercial Companies ("LGSM") regarding meetings and sessions held by technological means (the "Decree") was published in the Federal Official Gazette.
The amendments to the LGSM are mainly focused on recognizing and allowing the holding of partners’ or shareholders’ meetings ("Meetings"), as well as meetings of the administrative body ("Sessions") of the companies, remotely through the use of electronic, optical or any other technology ("Technological Means").
In this regard, the points to be highlighted are the following:
1. At the time of incorporating a company, it is now an indispensable minimum requirement that the bylaws establish the rules to be followed so that the Meetings and Sessions, respectively, may be held through Technological Means.
The Technological Means are allowed as long as: (a) they allow a simultaneous participation and a correct interaction among the partners, shareholders or directors; and (b) there are means to evidence the identity of the participants and of their vote.
2. The holding of Meetings or Sessions through Technological Means is allowed mainly when the bylaws expressly provide for it or, if not expressly provided, when all the shareholders agree that it be held in this manner.
3. The holding of Meetings or Sessions through Technological Means shall not be understood as if they had been held outside the registered office or corporate domicile of the company in question and, therefore, they shall be fully valid.
4. Minutes shall be taken of each Meeting, which shall then be recorded in the respective corporate book, and shall be signed by the President and Secretary of said Meeting.
5. Additionally, limited liability companies(sociedades de responsabilidad limitada) are required to publish their calls for partners' meetings through the electronic system of the Ministry of Economy.
We remain at your service for any doubt you might have regarding the application of the provisions of the such Decree.