Yamil José Partner

José-Barhem & Villaseñor, S.C.

Centro de Negocios San Ángel Cracovia 72, Ofna. 105, Torre B San Ángel, 01000, CDMX yjose@jbv.mx

tel +52 (55) 50854092

tel +52 (55) 50854111

Practice Areas

Administrative-constitutional litigation. Civil-Commercial,     Financial    and                                  Stock Market litigation.

Constitutional controversies.

Licensed public services (regulated areas). Government     bids.     Licenses.     Permits. Government procurements.

Infrastructure projects.

 

Education and Admissions

  • Escuela Libre de Derecho (Attorney at Law). 1995-2000. Obtained diploma in2002.

  • International Chamber of Commerce (International Commercial Arbitrage).2003.

  • Masters in Tax Law (Universidad Panamericana).2004-2006.

  • Specialty in amparo-constitutional and federal trials (Escuela Judicial, Consejo de la Judicatura Federal).2007.

  • Masters in American Law (2014-2015). Instituto de Investigaciones Jurídicas dela Universidad Nacional Autónoma de México, el Ilustre y Nacional Colegio de Abogados de México y la Escuela Libre de Derecho deSinaloa.

  • International Master on Business Administration and Marketing of Football Clubs (Johan Cruyff Institute)2020.

 

Publications, Awards and Associations

  • Arbitrator recognized by the National chamber of Commerce.Mexico.

  • Recognized as a specialist in federal and amparo-constitutional trials by the Federal Judiciary Counsel (Mexican SupremeCourt).

  • Served and mediation partner in México Servicios Profesionales, S.C., Mexico City, and the Mexican Federation of Mediators,A.C.

  • Court Clerk Certification in the Federal JudicialPower.

  • Member of the National Association of Corporate and Business Lawyers, Law Bar, A.C. (ANADE)

  • Lecturer in Mexican Law both in Mexico and the United states ofAmerica.

  • Publication in the Commemorative Encyclopedia for the Centenary of the Escuela Libre de Derecho, with the paper: “”.2013.

 

Languages Spanish and English

 

Founding partner at José, Barhem & Villaseñor, S.C. (2015). Previously, founding partner at López-Velarde, Wilson, Hernández y Barhem Abogados, S.C. (2010). In both, head of litigation department.

 

More than 18 years of experience in the prevention or processing of litigation and controversies, in administrative-constitutional, civil-commercial, stock market and finance matters.

 

Actively involved in the process of modifications and reforms to regulatory legislation, in order to generate investment opportunities, as well as new business for his clients. In august 2014, he was invited as a lecturer by the Mexican-American Chamber of Commerce in New York City, to promote investment in Mexico´s telecom industry.

 

In regulated areas, Yamil José has advised and represented national and foreign companies, and the Mexican Government, mainly in the sectors of water, infrastructure, construction and urban development, energy, electricity, economic competence (antitrust), finance and stock market law, marinas and harbors, telecommunications, insurance and securities, railroads and health sector -pharmaceuticals, laboratories and medical equipment manufacturers-.

 

In civil-commercial litigation, he has litigated in the federal and local jurisdictions in Mexico City and several other states in the Mexican Republic, in cases derived from financial and stock market matters, civil responsibility -torts-, maquila service contracts, conflicts among shareholders, special securities, executive trials, enforcements and exequaturs, judicial and extrajudicial collection, class actions, moral damages, international disputes, asset seizures, sports centers, hotel branch, among others.

 

He has a recognized prestige for having achieved the attraction, either by the first of the Second Courtrooms of the Supreme Court of Justice, of several cases related to the above matters, with which he demonstrated the importance and transcendence of the cases, that deserved the attention of Mexico´s highest Court.

 

He has constantly participated, as an organizer, lecturer or guest, in conferences and seminars related to the matters mentioned before.

 

Representative Experience -from the last few years-.

 

Civil and Commercial Matters. Conducting a class action for the recovery of a mutualist fund on pensions and retirement assets for the personnel of the Federal Electricity Commission [Mexican state-owned electricity company], valued at 1,900 million MXN- pending to be solved-.

 

Processing commercial litigations before district federal courts arising from international sale of goods disputes such as telescopic panels, medical equipment, electricity turbines, mining and railways, including its related enforcement and exequatur procedures applying the United Nations Convention on Contracts for the International Sale of Goods and the Mexican Code of Commerce (estimated values between 2 and 3 Million USD).

 

Conducting trial for compensation for moral damages (emotional distress) derived from the breach of safe deposit box services by a banking institution (5 million MXN).

 

Processing trials for opposition and nullity actions related to conflicts between shareholders.

 

Energy and Antitrust. Representation of Petroleos Mexicanos (Pemex, the Mexican state- owned oil company) and Pemex-Refinación (Pemex-Refining) against the sanction imposed by the Federal Commission for Economic Competence (Mexican Antitrust Commission) for more than 650 million MXN for tied sells related to the market of gasoline and diesel transportation and distribution to gas stations, opening market of the Mexican energy sector. Solved by the Supreme Court of Justice in January 2017.

 

Electricity. Favorable defense in the administrative, civil and constitutional jurisdiction, against an administrative contract rescission ordered by the Federal Electricity Commission in a contract valued at $121,000,000.00 USD; obtaining, at the time, the provisional and the definitive suspension (injunction) of the rescission and prevented the litigation of a commercial trial for the execution of the contract´s guarantee, valued at approximately

$40,000,000.00 USD.

 

Financial (Banking & Stock-Market). Favorable rulings in financial cases derived from the breach of a brokerage contract and a trust. Our counterpart was condemned to pay damages, to the extent of 80 million MXN.

 

Conducting trials related to sanctions and fines regarding audit norms procedures; brokerage operations; money transfers, non-recognized charges on electronic bank transfers; and for the breach of several financial services.

 

Health. Processed favorable constitutional trials for the introduction of medicines and medications to the list of essential medicines, including their tagging and publicity in Mexico.

 

Marines, Infrastructure and Water Sectors. Favorable judgments regarding the license extension for Marina Ixtapa, for another 20 years.

 

Processed several favorable trials related to the measuring of the federal maritime- terrestrial zone and the lands gained to the sea, started by the authority against the interests of constructors and licensees.

 

Urban Development. Adequate defense for the declassification of a real state property considered as artistic and cultural heritage (INBA and SEDUVI), as well as favorable litigation for the constitution and defense of Acting Polygons (costructions). He has also litigated amparo-constitutional trials against closure notices and fines in construction and commercial operation matters, and he has advised in the implementation of Urban Development Plans.

 

Telecommunications. He has advised on regulatory and obligation fulfillment aspects, required by law in concessions, licenses, permits and authorizations, as well as in corporate audits to licensees of public telecommunications networks and permit holders. He has attended bidding processes and processes to request and obtain licenses to install, operate or explore public telecommunication networks for the provision of services related to the industry -frequency bands and networks-, as well as permits, licenses and authorizations.

 

Mr. José has favorably litigated actions of unconstitutionality and interconnection disagreements between fixed and mobile operators, and disagreements related to national and long-distance interconnection tariffs (Short Messaging Service “SMS”, Calling Party Pays -national and long distance calls-).

 

He also obtained favorable constitutional trials against state and municipal jurisdictions, even against legislative acts for the return of contributions that tax activities related with licensed public telecommunications services.

 

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