DLA Piper

On September 9, 2022, the Eighth District Judge in Administrative Matters in Mexico City granted an injunction to a union of mining sector workers that challenged the constitutionality of the profit sharing limitation established in Mexico’s Subcontracting Reform, which became effective in 2021. The resolution was published on August 3, 2023. In this alert, we […]

The US Court of Appeals for the First Circuit recently issued an opinion and judgment affirming the Federal District Court of Puerto Rico’s March 2023 ruling that invalidated Puerto Rico Act No. 41-2022 (Act 41). Act 41 introduced several important changes to Puerto Rican private employment law, in many cases reversing changes which were introduced […]

On September 9, 2022, the Eighth District Judge in Administrative Matters in Mexico City granted an injunction to a union of mining sector workers that challenged the constitutionality of the profit sharing limitation established in Mexico’s Subcontracting Reform, which became effective in 2021. The resolution was published on August 3, 2023. In this alert, we […]

Employers in Puerto Rico are encouraged to revise their domestic violence policies and trainings based on a recent amendment to Act No. 54 of August 15, 1989 – the Domestic Abuse Prevention and Intervention Act – to recognize economic violence as a form of domestic abuse and establish grounds to grant protection orders related to […]

The Convention to Homologate the Tax Treatment provided for in the Conventions to Avoid Double Taxation entered into between the States Party to the Pacific Alliance Framework Agreement (the Convention) has entered into force between Mexico, Colombia, Peru, and Chile. The four Pacific Alliance membership countries (collectively, the States) first entered into the Convention in October 2017, […]

On June 7, 2023, Mexico’s Decree issuing the National Code of Civil and Family Procedures was published in the Official Gazette of the Federation.  The National Code will become effective the day after its publication. Application Pursuant to the second transitory provision of the Decree, application will be gradual. Mexico’s federal and local governments will […]

Many companies today aim to scale their businesses globally and into multiple countries simultaneously. In order to help clients meet this challenge, we have created a handy set of global guides that cover the basics that companies need to know. The Guide to Going Global series reviews business-relevant corporate, employment, equity compensation, intellectual property and […]

The Mexican government has proposed significant amendments to its Stock Exchange Act (Ley del Mercado de Valores or LMV) and Investment Funds Law (Ley de Fondos de Inversión or LFI) aiming to improve access for small and medium-sized companies to capital markets and expanding investment opportunities. Below, we provide a general overview of the proposed amendments to […]

May 10, 2023 | By Diego Martinez, Álvaro E. Garza-Galván, Federico Álvarez González and Andrés Calderón Reta The Mexican Senate recently approved the House of Representatives’ Committee’s proposal to reform to the General Law of Commercial Companies (Ley General de Sociedades Mercantiles) to incorporate a legal framework for holding shareholder and board meetings using digital […]

Chile Con fecha 4 de enero de 2023, se publicó finalmente en Chile la Ley N°21.521, que promueve la competencia e inclusión financiera a través de la innovación y tecnología en la prestación de servicios financieros, también conocida como Ley Fintech (“Ley” o “Ley Fintech”), y que comenzó a regir el 3 de febrero pasado. […]

A bill to amend Mexico’s Mining Law, National Waters Law, General Law of Ecological Balance and Environmental Protection and the General Law for the Prevention and Integral Management of Waste was approved by the House of Representatives on April 20, 2023. The main purpose of the bill, as provided for under the statement of purposes, […]

Mexican President Andrés Manuel López Obrador has presented a draft decree which, by amending, adding and repealing various provisions aims to strengthen and safeguard the general, public and social interest, as well as to protect national security and the state’s sovereignty. The foundation for the reforms is the National Development Plan 2019-2024. Implicit in the draft decree […]

On March 3, 2023, the Federal District Court of Puerto Rico ruled that Puerto Rico Act No. 41 of June 20, 2022 (Act No. 41) was approved in violation of the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA), and that the changes to local employment statutes instituted by the act are null and […]

Puerto Rico Department of Labor and Human Resources Secretary Gabriel Maldonado-González recently published Circular Letter No. 2023-01, which details the department’s position on the Puerto Rico Federal District Court’s recent nullification of Act No. 41-2022. The Court declared Act No. 41-2022 void ab initio for failing to comply with the procedural requirements of the Federal PROMESA […]

Most countries in Latin America made no significant strides during 2022 in their legislative efforts to prevent, punish and combat corruption. That is the key finding of the Latin American Anti-Corruption Assessment 2021-2022, a study of 17 Latin America countries. In this issue, we take a concise look at the report, then offer a few […]

Non-fungible tokens in Argentina, Brazil, Chile an Colombia. Non-Fungible Tokens, the NFTs, have become one of the most popular assets globally. Developed as collectable assets which have its authenticity guaranteed by blockchain, the NFTs create a new market to acquire original digital pieces. NFTs have received increased attention in recent years, especially in the trade of […]

Introduction As a continental country and an emerging economy, Brazil has been investing to expand the logistics and social infrastructures. The logistics matrix is highly dependent of highways, because of the industrialization police adopted in the sixties. At the time, Brazil replaced its railways by highways. However, the maintenance, expansion and costs of highway transportation […]

Senate Bill 0976-22 (Bill 976) proposes to amend Puerto Rican Act 16-2017, the Salary Equality Act of Puerto Rico. That Act imposes penalties on employers who discriminate on the basis of sex via salary differences. Bill 976 seeks to guarantee the vindication of citizens’ rights under Act 16-2017 by providing greater access to the filing […]

For lawyers and professionals who focus on white-collar crime at the international level, a key question is how to conduct an investigation in a jurisdiction that may be unfamiliar, and how to conduct oneself during such an investigation. Who are the relevant authorities? What are their most pressing concerns? What are the granular issues to […]

For more than 60 years, Puerto Rico has used its unique territorial framework to enact numerous tax incentives programs that have served as its main economic development tool. Puerto Rico is a territory of the United States, and the majority of US laws apply in Puerto Rico. However, Puerto Rico also possesses the authority to […]

WELCOME TO PANORAMA A year ago, the economic situation in LatAm seemed dire. But in the second half of 2021 and well into 2022, the business and economic outlook for Latin America has not only bounced back, but in many areas is surging forward. The picture, of course, is uneven. Exciting new technologies are being adapted […]

Anti-corruption and AML in Mexico: Trends and developments. The Global Anti-Corruption Perspective The fight against corruption and the fight against new forms of money laundering (AML) are issues that should occupy a central place in the public policy agenda of any country. These endeavors are deeply connected.  For a government to have better results in tackling […]

Through Ordinances GM/MME No. 685 and 686, published on September 9, 2022, the Ministry of Mines and Energy (MME) launched the opening of Public Consultation No. 134/2022 and 135/2022, in order to discuss (i) a draft proposal of Normative Ordinance which regulates the offshore power generation activities in Brazil; and (ii) a draft proposal of Normative Ordinance which creates the Unified Portal for Management of the Use of Offshore Areas for Power Generation (“Unified Portal”). The period for contributions ends in 30 days (October 11th, 2022).  Complementing the provisions … Read more

On October 18, 2022, the National Data Protection Authority (“ANPD”) published an orientation guide on “Cookies and personal data protection” (“Guide”). The material aims to establish a general scenario about this technology, including the main concepts and classifications of cookies, as well as guide processing agents (controllers and processors) on good practices and requirements that […]

Key takeaways: Europe’s Sustainable Finance Disclosure Regulation (SFDR) has been followed by equivalent proposals in other jurisdictions, particularly the UK and US. The European regime and the UK and US proposals are not fundamentally inconsistent but there are clear differences in approach, particularly on labelling. Fund managers marketing products into each of the jurisdictions will […]

The Global Anti-Corruption Perspective The fight against corruption and the fight against new forms of money laundering (AML) are issues that should occupy a central place in the public policy agenda of any country. These endeavors are deeply connected.  For a government to have better results in tackling these problems, it must put in place a […]

Con fecha 30 de junio de 2022, entró en vigencia la Ley N°21.461, que modifica la Ley N°18.101 que fija Normas Especiales sobre Arrendamiento de Predios Urbanos y el Código de Procedimiento Civil, mediante su publicación en el Diario Oficial. Las principales modificaciones que contempla la Ley N°21.461 dicen relación con: La incorporación de la medida […]

With Federal Decree nº 11.075/2022, Brazil takes another step toward creating a carbon market Brazil has published Federal Decree No. 11.075 which establishes the procedures for Sectorial Plans for Mitigation of Climate Change and institutes Sinare, the National System for the Reduction of Greenhouse Gas Emissions. Since Brazil created its National Policy on Climate Change […]

Merger control is an essential element for any effective competition system, regardless of geography. Although recommended by the Organization for Economic Co-Operation and Development (OECD) on several occasions,[1]  a merger control regime eluded the Peruvian market up until 2021,[2] when – after several bills failed in Congress – Law N° 31112 was finally enacted in January 2021. […]

The Organization for Economic Cooperation and Development has published the latest edition of its Tax Administration Report. According to the OECD, this series of Reports aims to provide information that will facilitate dialogue among tax officials on important  tax administration issues.  It also identifies opportunities for revenue bodies to improve the design and administration of […]

For more than 60 years, Puerto Rico has used its unique territorial framework to enact numerous tax incentives programs that have served as its main economic development tool. Puerto Rico is a territory of the United States, and the majority of US laws apply in Puerto Rico. However, Puerto Rico also possesses the authority to […]

On May 25, 2022, Mexico’s Energy Regulatory Commission (Comisión Reguladora de Energía or CRE) imposed a punishing penalty of more than MX$9.145 billion (~US$450 million) on a major player in the Mexican energy sector. The company holds an electric power generation permit under the self-supply scheme (autoabastecimiento). The CRE declared that the company was restricted to […]

On June 20, 2022, Governor Pedro Pierluisi signed into law House Bill No. 1244, Act No. 41-2022 (Act No. 41), which amends and partially repeals the Labor Transformation and Flexibilization Act, Act No. 4-2017 (Act No. 4 or Labor Reform of 2017) as well as amends several other employment statutes. In essence, Act No. 41 […]

International Women’s Day, celebrated every March 8, focuses on the achievements of women over the years in the cultural, political and socioeconomic contexts, bringing special attention to regarding gender equality and reproductive issues. In connection with this, it is important to highlight the recent development of new trends in the healthcare ecosystem which focus on […]

Perú • Se modifica el Decreto Legislativo Nº 1075 que aprueba disposiciones complementarias a la Decisión 486 de la Comisión de la Comunidad Andina que establece el régimen común sobre Propiedad Industrial El día 21 de junio de 2022, se publicó la Ley Nº 31497, mediante la cual se realizó las siguientes modificaciones e incorporaciones […]

El 20 de junio de 2022 se publicó la Ley 21.459 que establece normas sobre Delitos Informáticos, derogando la Ley 19.223 y modificando otros cuerpos legales. La ley regula diversos tipos penales, tales como; ataque a la integridad de un sistema informático, acceso ilícito a un sistema informático, interceptación ilícita de información, falsificación informática, receptación de datos informáticos, entre otros. Se incluye también la […]