Key Takeaways: Doing Business in Mexico
Kilpatrick Townsend & Stockton recently hosted a full-day seminar on the issues organizations face when conducting business in Mexico. Our panels not only featured our own experienced attorneys, but also in-house counsel and attorneys from Mexican law firms to provide first-hand perspective and practical information.
If you have any follow-up questions, please do not hesitate to contact Beth Yates, Marketing Specialist.
Takeaways from the sessions include:
Internal Investigation, Audits & Reviews
Mexican Anti-Corruption Law & System
The Foreign Corrupt Practices Act of 1977 (FCPA) Enforcement Actions Involving Conduct in Mexico
Companies engaging in business in Mexico need to consider protecting their intellectual property in Mexico by filing for trademark and patents and by taking appropriate steps to ensure their trade secrets are recognized. Recent changes in Mexican intellectual property law have streamlined the process. At the same time, U.S. businesses with a supply chain presence in Mexico (and other countries) must be cognizant of the potential for a U.S. patent infringement claim and consider constructing their deals in such a way so as to minimize the risk.
Cybersecurity is now a legal issue irrespective of where you are conducting business. We are seeing the emergence of a standard of care in protecting computer networks containing valuable information, particularly where such information is governed under a regulatory framework. Businesses should endeavor to protect their computer networks either under the legal regulatory framework applicable for their particular industry, or ensure that they are meeting the basic standard of care in preventing and detecting breaches. More importantly, entities should try to preserve discussions, reports & engagements relating to any assessments, and enhancements of their computer networks through legal counsel to obtain the benefits of confidential attorney-client privileged communications.
All companies should consider potential cyber insurance to try to minimize the costs associated with a cybersecurity incident. Properly-secured cyber insurance could help pay for legal fees, forensic experts, public relations & crisis management expenses, and even extortion or ransom payments. The cyber insurance marketplace is still relatively new and companies should consult with experienced insurance brokers and insurance coverage
All companies subject to the Mexican privacy law must provide a privacy notice that describes the following:
Adria L. Perez
Raymond O. Aghaian
Matthew C. Holohan
Margaret C. McHugh
Amanda M. Witt
William T. Um