Partner of Von Wobeser y Sierra, S.C. with almost 15 years of experience. He has devoted his entire career to complex commercial litigation. He heads the Bankruptcy and Restructuring practice and frequently acts as counsel in domestic litigation and international commercial arbitration disputes. He also leads the Anti-Corruption practice. He has advised global Fortune 500 companies and financial institutions in the United States and Mexico in FCPA investigations and due diligence matters. Moreover, he has successfully developed and executed complex litigation and arbitration strategies whose effects often spread beyond borders. He is admitted to practice in NY. In 2011 and 2012, he worked as a visiting attorney at the Skadden Arps New York office.
Some of his representative work includes advising Anheuser-Busch InBev/Grupo Modelo (pre and post Grupo Modelo's acquisition by Anheuser-Busch InBev) on both compliance and international arbitration matters. Additionally, he currently represents European financial institutions in complex commercial litigation matters in their multimillion collection efforts both in bankruptcy and domestic litigation. In international commercial arbitration, he recently and successfully represented San Benedetto in a multimillion ICC commercial arbitration.
Anticorruption & Compliance
In the past years he has handled several high-profile anti-corruption matters concerning cross border investigations. Additionally, he has guided clients through FCPA focused due diligence, and has helped them crafting and executing policies, internal controls and training programs. His advice has also extended to clients' officers and directors.
He has advised clients in a wide array of industries including pharmaceutical, consumer products, entertainment companies and defense contractors.
Throughout the past decade he has been involved in the most complex commercial and construction arbitrations the Firm has handled. In 2009, he participated in the representation of Anheuser-Busch in the over US$1.5 billion arbitration brought against it by Grupo Modelo. The award dismissing Grupo Modelo's claim set the stage for Anheuser-Busch InBev's purchase of the rest of Grupo Modelo's outstanding stock; an acquisition which finally closed in 2013. This arbitration was the biggest commercial arbitration in Mexico's history. (The acquisition, in turn, was also the biggest acquisition in Mexico's history.)
Recently, he advised San Benedetto (an Italian beverage company) in a dispute against Peñafiel (a subsidiary of Dr. Pepper Snapple Group), its partner in a Mexican JV beverage company. The Arbitral Tribunal rendered an award in March of 2016 finding Peñafiel breached the joint venture agreement and condemning Peñafiel to pay San Benedetto damages.
Bankruptcy & Restructuring
He has a keen and profound understanding of Mexico´s bankruptcy regulations as well as the interconnection of bankruptcy regulations with other specific legislation and precedents interpreting the Ley de Concursos Mercantiles.
In the past years, he has represented both bankrupt companies in their in-court restructuring efforts as well as multiple financial and insurance institutions in their collection efforts as well as in their participation as creditors in high-stake bankruptcies. He currently represents several multimillion creditors in the renowned Ocenografía bankruptcy.
Civil & Commercial Litigation
He is a commercial litigation attorney with profound understanding of Mexico's regulations and precedents (jurisprudence). He currently represents several clients in both state and federal courts throughout Mexico. His clients appreciate his creativeness and his sharp strategic mind and assertiveness in court.
Furthermore, they value his awareness of the implications of legal decisions taken in Mexico with regards to their effects on an international level for transnational clients. Mr. Sierra's admission to practice in New York and his Kellogg business studies enhance his distinct vision of the law.