Hugo Hernandez

Experience: Regulatory: Representation in several litigation proceedings that allowed Uber to resume operations in Cancun and other cities of Quintana Roo, after over a year of inactivity, by challenging the local regulation and through amparo trials and securing a binding precedent (jurisprudencia) that acknowledges their service as private, as opposed to a public service bound to a concession. The case was taken to the Supreme Court (SJCN), which issued a resolution benefiting our client.; Advised, as part of a team, a political party on a constitutional reform project for the modification of the energy sector regime in Mexico, which later became the 2013 constitutional reform.; Implemented, as part of a team, an anti-corruption compliance program for a Fortune 500 company.; Advised a major technology company in proceedings before the Federal Consumer Protection Agency (Procuraduria Federal del Consumidor) and represented it in a class action.; Advised and represented financial institutions in proceedings followed by the National Banking and Securities Commission, avoiding the imposition of fines against them.; Energy: Representation of multiple companies in the energy sector before the national courts against modifications to the regulation and legislation applicable to electricity matters, mainly to generators, marketers and suppliers of electricity, namely, the amendment to the Electric Industry Law; prohibitions to amend self-supply permits; among others.; Representation of oil importers before the national courts against modifications to the regulation and legislation applicable to hydrocarbons.; Representation of major companies in the Mexican energy sector during the processing of permits for electricity generation and hydrocarbons commercialization and in various related amparo proceedings against the Energy Regulatory Commission (CRE).; Advising investors and pipeline developers in different transnational projects to be implemented under the new legal framework derived from the energy reform.; Preparation of strategies for compliance with energy regulations, mainly in connection with interconnection contracts before the National Energy Control Center (CENACE), obtaining and modifying permits before the CRE, among others.; Negotiation of contracts with the federal government for the resolution of gas pipeline disputes on behalf of companies in the sector.; Support in the preparation of bidding bases for electricity projects and negotiation of structural reforms in the energy sector.; Representation of LP gas traders before national courts to fight the imposition of price restrictions in the market.; Arbitration & Mediation: Served, as a member of a team, as mediator between the federal government and owners of gas pipelines in Mexico for the renegotiation of natural gas transportation contracts.; Represented a Spanish engineering and technology company with presence in 34 countries, including Mexico, in construction arbitrations to obtain the recognition and payment of executed works.; Representation of an important national construction company in a conciliation proceeding before the Secretary of Public Administration, derived from a dispute arising from the construction of a highway.; Representation of a major electrical project development company in arbitration proceedings arising from the construction of several wind farms.; Representation of an important constructor in the enforcement of an arbitral award before national courts.; Represented, as part of a team, an investor seeking relief under investment treaties due to an expropriation in Central America.; Antitrust: Representation, as a member of a team, of a major pharmaceutical company in a monopolistic practices investigation before the Federal Antitrust Commission, and in an amparo trial.; Representation, as a member of a team, of the most important airport operator in Mexico in several amparo proceedings derived from an investigation for monopolistic practices before the Federal Antitrust Commission.; Representation of Grupo Bio Pappel in an amparo trial against the conditions imposed by the Mexican Federal Competition Commission (COFECE) in the authorization of a concentration. The successful result obtained in this ruling, a landmark antitrust case, marked the first time the judiciary overturned COFECE's conditions on a merger.; Tax: Represented one of the world's largest energy companies in an administrative proceeding before the Tax Administration Service (SAT) for the refund of taxes paid for intangible assets in cross-border operations. Until 2016 this case was the largest refund the SAT ever made.; Represented, as a member of a team, a major toy company in an alternative means of dispute resolution before the Procuraduria de la Defensa del Contribuyente (PRODECON) for the cancellation of amounts owed to the SAT.; Representation in a litigation to challenge the SAT decision to reject a VAT refund, imposing a tax credit against the company's Mexican subsidiary that was rendering services to its parent company in the U.S. The SAT had interpreted that the subsidiary had a permanent establishment in Mexico and should be taxed. The refund was authorized, and the interpretation was reversed.; Telecommunications: Representation, as a member of a team, of one of the world's largest mobile network providers, operating in Europe, Asia, North America, and South America, in several amparo and administrative proceedings.; Pro Bono: Legal counsel to the civil association Centro de Derechos Humanos Fray Matias de Cordova, A.C., in several amparo suits and administrative proceedings in human rights matters, mainly related to asylum and refugee applications.; Legal representation of the civil organization Mexicanos Primero.; Represented the first underaged person vaccinated against COVID-19 in Mexico, in an amparo trial, where the authorities were ordered to apply the vaccine before it was authorized nationwide.; Other Representations: Secured several resolutions before the Mexican Supreme Court of Justice, leading to the creation of precedents in the Mexican legal system, in connection with joint obligors in tax matters; computation of terms for the filing of amparo claims; services contracted by digital platforms; calculation of court expenses; among others.; Continuous involvement in pro bono litigation mainly connected with refugees, non-discrimination, patrimonial liability claims, mobbing and public health issues.; The above representations were carried out by Mr. Hernandez prior to his joining Greenberg Traurig, S.C.