Partners

Mr. Julio C. Gutiérrez Morales

Senior Partner

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Professional Background:


Mr. Julio C. Gutiérrez Morales has collaborated with Ríos Ferrer, Guillén-Llarena, Treviño y Rivera, S.C. since 2000 and has been a partner since 2008. He has extensive experience in commercial and administrative litigation, insolvency proceedings, class actions, as well as in national and international arbitration. As part of his practice, he has provided legal advice on amparo and constitutional proceedings. He has also participated in investigation, hearing and challenge proceedings before the Federal Economic Competition Commission. He has recently advised companies on defense strategies and procedures in class actions.

He holds a law degree from Universidad Panamericana. (2000). He holds a Master of Laws (LLM) in International Business Law from the University of California, Davis. He has also taken several postgraduate courses on International Business Law at the Universidad Complutense de Madrid, Spain; Commercial Arbitration at the Instituto Tecnológico Autónomo de México, among others.

For several years he has been recognized by several national and international publications, such as Chambers & Partners and Best Lawyers, as one of the best litigation lawyers (Dispute Resolution Litigation) in Mexico. He has also been coordinator of the International and Comparative Law Commission and of the Health Law Commission of the Mexican Bar Association, of which he is currently a board member 2019-2021. He is also a member of the National Association of Corporate Lawyers (ANADE), the International Chamber of Commerce (ICC), the International Association of Young Lawyers (AIJA) and the International Bar Association (IBA). He has been a professor of Antitrust at Universidad La Salle and currently is also a professor of Class Actions at the undergraduate level and in various specialties at Universidad Panamericana.

Some relevant matters advised by him include:

Civil and commercial litigation

  • Defense of a French power distribution and transmission company in a claim for damages in the amount of seventy-three million pesos plus ancillary costs, arising from a fire in an electric power substation built and installed by such company.
  • Representation of an Italian company in the claim of more than three million dollars for the breach of a consortium agreement in the execution of an EPC contract with PEMEX, for the collection of several estimates filed to PEMEX derived from the construction of an oil rig.
  • Representation of a company in the claim, derived from a consortium agreement, of several estimates related to a contract entered into with PEMEX for the comprehensive maintenance of gas pipelines.
  • Defense of a company providing long distance telephone services in the claim for payment of damages for failure to distribute long distance phone call attempts.
  • Defense of a railroad company in several claims for land adjacent to railroad tracks.
  • Representation of a fund of the United States of America in the claim of a mortgage loan granted on several industrial buildings located in Sonora.
  • Defense of a tobacco company in a tort claim for damages in the amount of $42 million pesos.
  • Representation of a cable television service concessionaire in the claim for the removal of a network illegally installed in the Federal Electricity Commission's post by a cable television service concessionaire in Saltillo, Coahuila.

  • Representation of an investment fund in the claim for the delivery of shares of a company in compliance with a mercantile commission whose approximate value is two billion dollars.
  • Defense of a movie theater exhibitor in a claim for damages for the exhibition of the Presumed Guilty movie.
  • Representation of a Finnish company in the claim for performance of a contract with Oceanografía for maintenance services to several vessels.
  • Representation of an investment fund in the establishment of strategy and commercial claims, as well as in the negotiation of a Preliminary Restructuring Plan and bankruptcy claim of an insolvent company.
  • Representation of a games and raffles company, as creditor, in the insolvency proceeding.
  • Representation of an investment fund in the claim of several bonds in the insolvency proceeding of a housing development company.
  • Representation of an insurance company in the defense of several claims related to insured agricultural properties, with an amount of more than one hundred million pesos.
  • Representation of a company in the defense of a claim for breach of a contract for the harvesting and development of timber in Tabasco.

Arbitration:


  • Successful representation in the collection of interconnection services from a telecommunications service provider in three commercial arbitration proceedings before the Mexican Arbitration Center, for an aggregate amount of $450 million pesos.
  • Successful defense before the Supreme Court of Justice of the Nation of the constitutionality of Article 1435 of the Commercial Code, which provides for the powers of arbitrators to conduct arbitration proceedings, challenged by the opposing party in an amparo proceeding in review derived from the enforcement of an arbitration award.
  • Successful defense of a port administrator in a commercial arbitration followed before the National Chamber of Commerce of Mexico City followed by a port services company claiming the amount of USD$100 million as damages and the surrender of a port area.
  • Representation of a cable telecommunications service provider company in an international commercial arbitration before the International Chamber of Commerce in the amount of $1,500 million pesos for the violation of agreements entered into by shareholders of the plaintiff company; the arbitration was settled by means of a settlement agreement.
  • Representation of a games and raffles company in a commercial arbitration related to the compliance with a joint venture agreement, as well as payment of royalties claimed in the approximate amount of $250 million pesos.
  • Successful representation of an American company for the claim of payment of pre-operational services rendered in the Empalme II electric power project; arbitration followed against a consortium.
  • Representation of a satellite company in an arbitration claiming damages for more than two million dollars as a result of an alleged breach of the Satellite Operating Agreement.
  • Advising and representing a gaming and raffle company in an investment arbitration initiated under the North American Free Trade Agreement.

Amparo

  • Defense as an aggrieved third party of the resolution granting a concession title for the exploitation of the rights to broadcast and receive signals of frequency bands associated with foreign satellite systems that cover and may provide services in national territory.
  • Representation of a cable television service company in an amparo proceeding filed against the resolution of the Federal Economic Competition Commission that established conditions (must carry-must offer) for the approval of the merger of the two largest cable television companies.
  • Representation of a service company "Triple Play" in an amparo action filed against the first sanction of the Federal Telecommunications Institute for alleged absolute monopolistic practices for the joint use of a trademark. The resolution annulled the sanction and the fine, setting a precedent on the way in which collaboration agreements between economic agents and their nature as competitors should be analyzed when the geographic division in the provision of services derives from the concession titles.
  • Representation of a tobacco company in several amparo proceedings related to the introduction of tobacco heating systems to the Mexican market.


Economic Competition

  • Counsel of a telecommunications company that denounced the commission of relative monopolistic practices committed by the company with dominant power in the mobile telephony market. Participation in the investigation and hearing procedure that culminated in the application of the highest fine imposed in the history of the Federal Economic Competition Commission. Participation in the recusal procedure against the President of COFECO and in the appeal for reconsideration filed by the sanctioned company. Preparation and processing of the appeal filed against the final resolution of the appeal for reconsideration that annulled the fine, accepting several conditions to the offender.
  • Counseling for the investigation and hearing procedure followed by COFECO against a laboratory for the alleged commission of absolute monopolistic practices in the bidding market for the sale of medicines to the Mexican Institute of Social Security (IMSS). Participation in the amparo proceeding filed against a previous sanction for the commission of absolute monopolistic practices for the coordination of bids.
  • Opinion on the resolution of the Federal Economic Competition Commission that established conditions for the approval of the merger of the two largest cable television companies.
  • Advising in the merger of two chains of movie exhibitors, representing one of them. Participation in the preparation of the appeal for reconsideration for the approval of such merger, which was successfully completed, and defense in an amparo proceeding filed by a competitor against COFECO's resolution.
  • Participation and advice to a cable television service company in several investigation and hearing procedures followed by the Federal Telecommunications Institute for absolute and relative monopolistic practices in the restricted television market.

Administrative Litigation:


  • External legal advisor to the Legal Affairs Unit of the Ministry of Communications and Transportation (SCT) in administrative litigation procedures and other proceedings in which such entity is a party.
  • Advising in the preparation of the resolution sanctioning a television station for providing a multicasting service not authorized under its concession title (Hi-TV).
  • Defense before the Supreme Court of Justice of the Nation of the constitutional controversy 07/2009 filed by the Chamber of Deputies against the Internal Regulations of the SCT.
  • Advice in the preparation and defense of resolutions that rule on the extension of telecommunications concessions for the use of the radio spectrum.
  • Advice in the preparation and subsequent defense of resolutions that resolve interconnection disputes between landline service concessionaires and mobile telephone service concessionaires. (“El que llama paga (Calling Party Pays)”)
  • Defense of the Radio Spectrum Frequency Band Program for specific uses that may be subject to bidding.
  • Defense of the resolutions that determine the fees to be paid by airlines for the use, enjoyment and exploitation of Mexican airspace.
  • Defense of resolutions establishing the conditions and considerations of the rights of way to concessionaires in railway transportation.
  • Defense of termination resolutions of construction agreements.
  • Defense of denial of reversion for the return of expropriated land located at the Airport of Cancún, Quintana Roo.
  • Defense of the claim of a telecommunications concessionaire regarding the reimbursement of interest and benefits to the Federal Government for more than three billion pesos for the collection of conventional interest in the extension of the term to pay the concession consideration.
  • Defense of resolutions related to the denial of the extension of telecommunications concessions.
  • Defense of the Official Mexican Standard on maximum weights and dimensions of vehicles that are allowed to circulate on federal roads.
  • Advising on the resolution in compliance with an amparo judgment on the granting of a concession to provide cable television services to the dominant telecommunications operator.
  • Representation of a telecommunications company in several nullity proceedings against resolutions of the Federal Telecommunications Commission that determine the local interconnection rates to be paid.
  • Representation of a telecommunications company in several nullity proceedings for the defense of resolutions of the Federal Telecommunications Commission in matters of interconnection "resale" as an interested third party.
  • Representation of a biotechnology company in several nullity proceedings against sanctions, denials of permits and regulations for the planting and environmental exposure of genetically modified corn.
  • Representation of a laboratory products distribution company (Laboratorios Pisa) in several administrative proceedings related to bids, acquisitions and sanctions.
  • Representation of an agricultural biotechnology company in a nullity proceeding related to the prohibition of importation of the Glyphosate product.

Class Actions

  • Analysis of class action legislation in several countries for the advice of various business and trade associations, as well as for the participation in forums and working groups organized by the Senate of the Republic in the projection of an ordinary law on the subject.
  • Counsel to a landline telephone company in the defense of a class action certification in the State of Baja California.
  • Advice on the prevention and strategy of several companies in the soft drink, tobacco and automotive industries for the potential defense in class actions.
  • Representation of a biotechnology company in a class action brought by several academics and social organizations due to the potential damage that permits for the release of biotechnology agents could cause to the environment.

Publications:


He has participated in the publication of several works, including the following:

i) “A Class action for Mexico. Comparative Legal Analysis of How to Import a Fair and Balanced Procedure”, Thesis with which he obtained the degree of Master of Laws (L.L.M.), 2009;

ii) The International Comparative Legal Guide to: Class & Group Actions 2010. Co-author of the Mexican chapter. Published by Global Legal Group;

iii) He collaborated in the work "Proposal for a class action law" for the National Consultation for the Integral Reform of the Judicial System in Mexico of the Supreme Court of Justice of the Nation, 2002;

iv) “Analysis of the Elements of the Mexican Case Law System”, Thesis with which he obtained his law degree, 2002.

v) In-house Training Program of the Firm named Marval, O’Farrel y Mairal, in Buenos Aires, Argentina, from April to October 2004. Civil Liability and Damages Proceedings;

vi) Lecture: "Comments to the New Federal Law on Administrative Litigation Procedure (Nueva Ley Federal de Procedimiento Contencioso Administrativo)", 2006, the Mexican Bar Association (Barra Mexicana, Colegio de Abogados);

vii) Award of the Annual Conference of the International Bar Association in Buenos Aires, Argentina (2008), awarded by the “Dispute Resolution Section”, for the work: “Propose an efficient procedure for deciding class actions, including where applicable by reference to litigation and/or arbitration and/or ADR procedures in your jurisdiction”;

viii) Participation in the Working Group for the preparation of a "Class Actions Law" organized by the Governance and Constitutional Matters Commissions of the Senate of the Republic. (2008);

ix) Speaker at the Defense Research Insitute Annual (DRI) Annual Meeting in New Orleans, USA, "Exportation of Class Actions - Recent Trends") October 2008;

x) Speaker at the III International Congress of Lawyers organized by the Mexican Institute of Amparo, in Acapulco, Guerrero, May 2010;

xi) Speaker at the Congress organized by the Florida International University, “the Conference on the Globalization of Collective Litigation”, with the topic “Class Action legislation in Mexico”, Miami, Florida, (December, 2010);

xii) Speaker at the Diploma on Constitutional Reform in Human Rights, teaching the module "International Regime of Human Rights";
ITESM Campus San Luis Potosí, (April, 2013);

xiii) Speaker at the Class Action Seminar, "Reform Challenges" of the National Association of Corporate Lawyers (ANADE), (June 2013);

xiv) Speaker at the Congress of the International Association of Young Lawyers (AIJA), Buenos Aires, 2013, with the topic "Arbitration in Mexico, Recent Developments.”;

xv) Speaker at the Congress of the National Association of Corporate Lawyers (ANADE), Mérida, 2013, with the topic: "Class Actions";

xvi) Speaker at the Seminar "The Money Laundering Act”, the Mexican Bar Association (Barra Mexicana, Colegio de Abogados), 2014;

xvii) Speaker at the Regional Forum organized by the International Chamber of Commerce, with the topic “The Arbitrator is not an authority in the amparo proceeding.”, Panama, 2014; and

xvi) Speaker at the Seminar on "New Telecommunications and Broadcasting Law", on Procedural Matters, the Mexican Bar Association (Barra Mexicana, Colegio de Abogados) (February 2015);

Speaker at Puebla and Quintana Roo Chapters of the Mexican Bar Association (Barra Mexicana, Colegio de Abogados) with the topic “Class Actions as a public policy instrument” (2020);

Virtual Presentation "Justice in the times of COVID" for the Mexican Bar Association (Barra Mexicana, Colegio de Abogados).