Javier A.Cortés

Counsel

Mexico City + 52.55.3000.4050

Javier Cortés has more than 25 years of experience advising on foreign trade, custom matters, and their tax implications, as well as consumer protection, litigation, and life science regulatory issues.

Javier has substantial experience advising on rules of origin, maquila programs, proceedings, compliance, due diligence, and litigation related to customs and administrative issues (such as administrative remedies, tax lawsuits, and injunction trials), countervailing and antidumping procedures, aspects of federal tax (such as value-added tax and income tax), and implementation of foreign trade structures.

Javier has successfully defended importers against various tax assessments by the Mexican tax authorities, obtaining among others, the annulment of a $17 million credit for a maquiladora company of the automotive industry. He also obtained the annulment of an investigation initiated by the Mexican Consumer Protection Agency against a company in the sports equipment and clothing industry, obtaining a novel decision upholding the illegality of certain webpage audits.

Javier also has represented pharmaceutical corporations on due diligence-related matters and health and sanitary registries, including the acquisition of over-the-counter drug product lines and marketing agreements for pharmaceuticals products. In addition, he has represented chemical companies before the Mexican Federal Commission for the Protection against Sanitary Risk (COFEPRIS) and advised hospitals and importers of drugs and medical appliances on obtaining import and sanitary permits and registries.

Javier's representative clients include Lanxess Corporation, Toyota Motors, Patrón Tequila, Husqvarna, P&G, Goodyear, Alstyle/Gildan, Reebook/Adidas, and Houston Hospital, among others.

Javier is a lecturer of customs law and foreign trade at the Universidad Panamericana. He also lectures to public benefits institutions on import duty-exempt goods.

Experience

  • Transnational biotechnology company executes comprehensive regulatory compliance reviewJones Day is assisting a leading transnational biotechnology company with the execution of a comprehensive regulatory compliance review of five productive plants operating in Mexico, in order to generate a full diagnostic and develop a continuous compliance program on environmental, health & safety, urban development, energy, labor & social security related requirements.
  • Total finalizes acquisition by Arkema of Total's Bostik Adhesives unit for €1.74 billion (US$2.2 billion)Jones Day represented Total SA in the €1.74 billion (US$2.2 billion) acquisition by the French group Arkema, one of the world’s major players in specialty chemicals, of its Bostik affiliate, a global adhesives company.
  • Riverside acquires Marena GroupJones Day represented The Riverside Company in connection with the acquisition and related financing of The Marena Group, LLC, a manufacturer of medical grade and fully-customizable compression garments, primarily used in post-surgical applications.
  • Total sells Atotech to The Carlyle Group for $3.2 billionJones Day advised Total in the $3.2 billion sale of specialty chemical affiliate Atotech B.V., a global manufacturer of high technology plating solutions, to The Carlyle Group.
  • Public company investigates possible FCPA violations related to product sales in Latin AmericaOn behalf of a public company, Jones Day conducted an investigation into possible violations of the Foreign Corrupt Practices Act (FCPA) related to the sale of one of the company's products in Latin America.
  • Construction materials company institutes risk management program following hazardous material incidentJones Day is providing advice to a leading construction materials company in Mexico in regard to risk management and emergency response for the mishandling by a third party of over 900 tons of hazardous materials.
  • XIO Group acquires COMPO EXPERT business from Triton PartnersJones Day advised XIO Group on the fund's inaugural investment in the secondary leveraged buyout from Triton Partners of the COMPO EXPERT business, a leading supplier of specialty fertilizer products for professional applications.
  • Motherson acquires Wiring Business of StoneridgeJones Day advised Motherson Sumi Systems Ltd. in its acquisition of the Wiring Business of Stoneridge, Inc.
  • ABB completes sale of Thomas & Betts HVAC business to Nortek for $260 millionJones Day advised ABB Ltd. in its all cash sale of Thomas & Betts' heating, ventilation, and air conditioning business to Nortek, Inc. for $260 million.
  • Sherwin-Williams acquires the U.S./Canada business of Comex for $165 millionJones Day advised The Sherwin-Williams Company in its acquisition of the U.S./Canada business of Consorcio Comex, S.A. de C.V., a leader in the paint and coatings market in Mexico, for $165 million.
  • LIXIL acquires ASD Americas Holding, owner of leading North American kitchen and bath products manufacturer American Standard Brands, for $542 million from Sun Capital PartnersJones Day advised LIXIL Corporation, a leading Japanese manufacturer of building materials and housing equipment, in its acquisition of ASD Americas Holding Corp. from Sun Capital Partners for $542 million.
  • Forbes Energy Services México Services de Personal sold to Dirivera Investments and RGV HoldingJones Day represented Forbes Energy Services Ltd. in the sale of substantially all its Mexican assets as well the company's equity interests in Forbes Energy Services México Servicios de Personal, S. de R.L. de C.V. to Dirivera Investments LLC and RGV Holding, S.A. de C.V.
  • Methode Electronics acquires certain assets and liabilities of Nypro MonterreyJones Day advised Methode Electronics, Inc. in the acquisition of certain assets and liabilities of Nypro Monterrey, S. de R.L. de C.V., a subsidiary of Nypro Inc.
  • Desarrollo Empresarial Karatani acquires Lacto Productos La Loma and affiliatesJones Day advised Desarrollo Empresarial Karatani III, S.A.P.I. de C.V. in connection with its acquisition of Lacto Productos La Loma, S.A. de C.V., a Mexican company engaged in the production and sale of ice cream mixes in Mexico, and its affiliates.
  • Multinational public manufacturing company conducts internal investigation of potential FCPA, Customs, Export and Import Controls violationsOn behalf of a multinational public manufacturing company, Jones Day conducted an internal investigation of alleged conduct in the U.S. and Latin America which was not permitted under the FCPA and numerous other Federal regulatory schemes.
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