Emmanuel E.Ubiñas

Partner

(T) + 1.214.969.3670

Emmanuel Ubiñas has more than 15 years of experience in investigations and litigation. A native Spanish speaker, he has led dozens of investigations, including matters involving the DOJ and SEC, and conducted more than 500 Spanish-language interviews for matters connected to Latin America, including Mexico, Peru, Brazil, Costa Rica, Nicaragua, Honduras, Panama, Colombia, El Salvador, Dominican Republic, Venezuela, Guatemala, Puerto Rico, Argentina, and Chile. Global Investigations Review recently recognized Emmanuel in its "40 under 40" list of the world's leading investigators. Who's Who Legal also named him as one of the most eminent lawyers under 45 in the field of investigations, noting that clients "widely praised [Emmanuel] for his skill in leading Latin America-related investigations."

Emmanuel also counsels companies on compliance programs, FCPA transactional due diligence, and negotiating compliance-related clauses in transactional agreements. He has significant industry knowledge gained from his work in the areas of energy, construction, engineering, industrial services, real estate, telecommunications, agriculture, technology, travel, retail, financial, automotive, manufacturing, aviation, and distribution.

In addition to his investigation and compliance experience, Emmanuel has significant experience leading individual and class action litigation matters in federal and state courts, as well as arbitrations. His litigation experience includes matters relating to enforcement of foreign judgments, cross-border contracts, toxic torts, tax, post-closing adjustments, earn-outs, breach of representations and warranties, and indemnification claims. He also has taken a leading role in the pro bono representation of hundreds of women and children in asylum cases largely stemming from domestic abuse or political persecution.

Experience

  • Audit committee of large public company conducts investigation into allegations of financial fraud and self-dealing in MexicoOn behalf of the audit committee of a large U.S. public company, Jones Day conducted an investigation into allegations of financial fraud and self-dealing by management relating to the company's Mexico operations.
  • Arsenal Capital Partners acquires Seal for Life Industries from Berry Global Group Inc. for $328 millionJones Day advised Arsenal Capital Partners on the $328 million acquisition of Seal for Life Industries from Berry Global Group Inc.
  • Central American conglomerate acquires agricultural and energy businessJones Day represented a Central American conglomerate in connection with the acquisition and related financing of an agricultural and energy business, subject to post-closing adjustments.
  • Large energy company conducts investigation relating to U.S. and Latin America procurement teamOn behalf of a large energy company, Jones Day led an investigation relating to the company's procurement team in the U.S. and Latin America.
  • Large public energy company conducts investigation into payments made to third parties in MexicoOn behalf of a large public energy company, Jones Day led an investigation into certain payments made to a third party consultant and evaluated the payments in light of applicable anti-corruption laws.
  • Chevron to buy Pasadena Refining System for $350 million from Petrobras America Inc.Jones Day is advising Chevron U.S.A. Inc., a wholly-owned subsidiary of Chevron Corporation, in its purchase of all of the equity interests of Pasadena Refining System Inc. (“PRSI”) and PRSI Trading, LLC from Petrobras America Inc. for $350 million, subject to adjustments for working capital.
  • Large public energy company conducts investigation into payments made to third party and allegations of self-dealing by management in MexicoOn behalf of a large public energy company, Jones Day led an investigation into certain payments made to a third party consultant and allegations of self-dealing by management in Mexico and evaluated the payments in light of applicable Mexico and U.S. anti-corruption and conflict of interest laws.
  • Large energy company conducts money-laundering investigation in PeruOn behalf of a large public energy company, Jones Day conducted an investigation into allegations of money-laundering and corruption relating to the company's Peru executives and operations.
  • BWXT obtains $800 million senior secured credit facilityJones Day represented BWX Technologies, Inc. in connection with a US$800 million senior secured credit agreement consisting of a US$500 million senior secured revolving credit facility; a US$50 million senior secured term loan A; and a CAD$250 million senior secured term loan A.
  • Expedia, Hotels.com, and Hotwire, online travel companies, defend nationwide litigation seeking to extend hotel room rental taxes to their internet travel reservation servicesJones Day represents Expedia, Hotels.com, and Hotwire in multiple individual and class action cases filed in federal and state courts across the country involving claims by state and local municipalities that online travel companies are subject to hotel room rental taxes and seeking to collect back taxes on reservations for hotel stays in their jurisdictions.
  • Audit committee of large public company conducts investigation into allegations of public procurement corruption in MexicoOn behalf of the audit committee of a large public company, Jones Day conducted an investigation into certain contracts awarded by Mexican government agencies public bids and evaluated the awards in light of Mexican public procurement and anti-corruption laws and the Foreign Corrupt Practices Act.
  • Large energy company conducts FCPA due diligenceOn behalf of a large energy company, Jones Day conducted anti-corruption due diligence in relation to a multi-billion energy project in Latin America and evaluated applicable laws and disclosure issues.
  • Energy company seeks advice on anticorruption investigation, compliance, and transactional due diligence matters relating to operations in Latin AmericaJones Day represents a Fortune 500 U.S. energy company on anticorruption investigation, compliance, and transactional due diligence matters relating to its operations in Latin America.
  • Fortune 500 company seeks advice on anti-corruption issues in MexicoJones Day advised a U.S.-based Fortune 500 engineering/construction firm on anti-corruption issues relating to energy projects in Mexico.
  • Expedia defeats hotel tax claims in FloridaJones Day helped secure trial court victories affirmed on appeal for Expedia, Inc. and other online travel companies hauled into court by several Florida counties representing high-volume tourist destinations including Orlando and Fort Lauderdale.
  • National retailer defends allegations of corruption in Latin America and AsiaJones Day is representing a national retailer in an internal investigation into allegations of corruption in multiple countries in Latin America and Asia and related DOJ and SEC investigations.
  • Multinational public high tech company conducts internal investigation of potential FCPA violationsOn behalf of the Audit Committee of a multinational public company, Jones Day conducted an independent investigation of alleged conduct in Latin America which was not permitted under the FCPA.
  • Expedia, Hotels.com, and Hotwire secure summary judgment dismissing all claims with prejudiceJones Day represented online internet travel companies Expedia, Hotels.com, and Hotwire in a case in which the City of Houston and Harris County-Houston Sports Authority sought to hold internet travel companies liable for hotel occupancy taxes under local ordinances applicable to hotels and third parties that own, operate, manage or control hotels.
  • Dole defends against multiple cross-border mass tort cases alleging injuries from pesticide exposureJones Day defended Dole Food Company, Inc. in multiple toxic tort lawsuits brought by agricultural workers from 13 countries claiming that the use of the pesticide dibromochloropropane (DBCP) on banana farms in Latin America, Africa, and the Philippines during the 1970s caused adverse health effects.
  • Alderwoods Group and related entities arbitrate breach of contract dispute relating to funeral and cemetery properties salesJones Day represented entities related to Alderwoods Group, Inc. in a breach of contract action relating to the sale of funeral and cemetery properties.
  • Speaking Engagements

    • December 13, 2018
      Anticorruption M&A Due Diligence
    • September 13, 2018
      Corporate Anticorruption Compliance and Risk Management for Directors
    • September 26, 2017
      Internal Investigations: Best Practices and Ethical Issues
    • March 29, 2017
      Conducting Client and Third Party Witness Interviews
    • January 25, 2017
      The Tangible Benefits of Proactive Anti-Corruption Compliance for the Construction Industry
    • October 30, 2015
      Investigating Potential Misconduct, Including Practice Tips for Managing an Investigation with Global Reach, SMU 23rd Annual Corporate Counsel Symposium
    • March 20, 2015
      The Foreign Corrupt Practice Act: Recent Developments and Best Practices, 2015 HNBA Corporate Counsel Conference
    • December 15, 2014
      Protecting Clients from FCPA Violations in China
    • March 11, 2014
      Mexico: A New Horizon for Oil & Gas
    • October 2010
      Internal Investigations in International Matters: Lessons from the FCPA Front
    • October 2010
      Current Ethics Issues for In-House Counsel
    • October 2010
      Internal Investigations in International Matters: Lessons from the FCPA Front
    • October 2010
      Current Ethics Issues for In-House Counsel
    • January 2008
      Arbitrations
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