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KNOWLEDGE IS YOUR STRATEGY
Discover our wide range of articles that help us develop our culture and allow our customers and colleagues to find their bearings from our expertise.
3 min reading
SAC
THE WHISTLEBLOWER CHANNEL SYSTEM IN A CORPORATE COMPLIANCE PROGRAM: THE ADVANTAGES OF ITS APPLICATION
The whistleblower channel strengthens corporate compliance, enabling confidential reporting, preventing risks and reinforcing corporate ethics and transparency.
2 min reading
SAC
THE ISO 37301 STANDARD AND ITS APPLICATION IN THE DESIGN OF CORPORATE COMPLIANCE PROGRAMS
The ISO 37301 standard promotes effective compliance programs, led by the compliance officer, strengthening ethics, trust and competitiveness.
3 min reading
SAC
THE ADVANTAGES OF HAVING COMPLIANCE MANUALS IN THE BUSINESS ORGANIZATION
The compliance manual organizes internal policies and controls, tailored to each company, to prevent legal and ethical risks.
12 min reading
SAC
ANTI-SEPARATION COVENANTS IN THE CORPORATION. WHEN ARE THEY ILLEGAL?
The right of separation ensures the shareholder's freedom of association, although restrictive bylaws may violate it and generate nullity.
12 min reading
SAC
SIMULTANEOUS PUBLICATION OF THE FIRST AND SECOND CALL OF THE SHAREHOLDERS' MEETING: OPINION ON THE NEW CRITERIA OF THE FIRST CHAMBER OF THE SUPREME COURT OF JUSTICE
The corporate notice guarantees shareholders' rights; SCJN admits joint or separate publication, although debate persists on its validity.
4 min reading
INTELLECTUAL PROPERTY
DECLARATION OF REAL AND EFFECTIVE USE OF TRADEMARKS
The trade dress protects the distinctive appearance of the product; it requires registration and declaration of use to avoid expiration.
2 min reading
INTELLECTUAL PROPERTY
NON-TRADITIONAL BRANDS IN MEXICO: OLFACTORY BRANDS
Scent marks distinguish products by their scent, provided that it is not inherent, generic or functional to the product.
3 min reading
INTELLECTUAL PROPERTY
CERTIFICATION MARKS
Certification marks distinguish products verified by their owner, registrable only by legal entities and without licenses.
3 min reading
INTELLECTUAL PROPERTY
COLLECTIVE MARKS
Collective marks identify products or services of associations, are non-transferable and require rules of use registered with IMPI.
14 min reading
INTELLECTUAL PROPERTY
ECONOMIC RIGHTS IN COPYRIGHTS
Copyright: non-transferable moral rights; transferable, temporary and onerous patrimonial rights; works for hire and labor rights give priority to the principal.
6 min reading
MASC
SANCTIONS FOR THE FACILITATOR OF ALTERNATIVE DISPUTE RESOLUTION MECHANISMS: SHOULD THE FAILURE TO UPDATE THE REGISTRY BE CONSIDERED A SERIOUS MISCONDUCT?
Serious misconduct by facilitators violates essential principles and leads to the revocation of their professional certification.
6 min reading
MASC
PRECAUTIONS TO BE TAKEN INTO ACCOUNT IN THE CONCILIATION PROCEDURE TO SETTLE DISPUTES ARISING FROM A FRANCHISE AGREEMENT
Conciliation before the IMPI is the suitable and binding mechanism to resolve infringements in franchise agreements.
5 min reading
MASC
ALTERNATIVE METHODS OF DISPUTE RESOLUTION IN THE CORPORATE GOVERNANCE OF CORPORATIONS
Alternative methods strengthen corporate governance, resolving corporate conflicts quickly and promoting cooperation between shareholders and directors.
5 min reading
MASC
MEDIATION AS A METHOD FOR COUNTERACTING THE PROBLEM OF GENERATIONAL LEAP IN THE FAMILY BUSINESS
Mediation strengthens communication in family businesses, prevents generational conflicts and complements the family protocol with cooperative solutions.
10 min reading
MASC
THE GENERAL LAW ON ALTERNATIVE MECHANISMS: PROGRESS, GAPS AND CONTRADICTIONS
The new General ADR Law promotes alternative justice, but omits procedural economy and creates bureaucratic obstacles and ambiguous responsibilities for facilitators.
5 min reading
FOREIGN TRADE
MASTER PLAN 2025: FOREIGN TRADE AUDITING and THE TOOLS WE HAVE AT OUR HAND.
SAT tightens foreign trade controls with the Master Plan 2025. Prevention, compliance and the use of technology are key to avoid penalties. Is your company prepared?
9 min reading
CORPORATE
Scope of protection of an international trademark in Mexico
The international registration of trademarks, through the Madrid Agreement, allows companies to protect their trademark in several countries with a single application to WIPO, although the final approval depends on each State.
6 min reading
CORPORATE
Who would be the owner of the rights to an invention created in your company by an employee?
The invention belongs to the company if the employee was hired for it; otherwise, the economic rights belong to the employee.
4 min reading
CORPORATE
Subscribed and unpaid shares
In a corporation, shareholders are only required to cover the value of their shares, and if they default, the corporation may demand payment, sell them or reduce the capital.
5 min reading
CORPORATE
Speech foreign trade
Foreign trade offers opportunities for competitiveness, but requires strict compliance with customs regimes and tax obligations to avoid penalties and take advantage of benefits.
7 min reading
LABORAL
LABOR REFORM PROPOSAL: INCREASE IN LABOR BENEFITS
The 2025 labor reform proposal proposes doubling the Christmas bonus to 30 days, increasing the vacation bonus, extending leave (paternity, bereavement and medical) and gradually reducing the workday to 40 hours, in order to improve the quality of life and well-being of workers.
7 min reading
LABORAL
PROPOSAL TO AMEND ARTICLE 50 OF THE FEDERAL LABOR LAW
The proposed amendment to Article 50 of the Federal Labor Law seeks to increase the indemnity for unjustified dismissal from 20 to 90 days per year, which would benefit workers but could generate heavy economic burdens for companies, especially SMEs.
5 min reading
LABORAL
HARASSMENT AND BULLYING IN THE WORKPLACE
Harassment and sexual harassment in the workplace are violent behaviors that affect health, dignity and job performance; both are prohibited by law and can be reported with evidence to protect a safe work environment.
7 min reading
LABORAL
CASE STUDY OF MISREPRESENTATION IN THE LABOR TRIAL OF NEW PROCEDURE
A case in Querétaro showed how inflating salaries in labor lawsuits can result in fines and criminal liability for lawyers, as judges now investigate ex officio and sanction bad practices to make the processes transparent.
6 min reading
LABORAL
CASE STUDY: LABOR INSPECTION
A labor inspection in Jalisco showed the importance of having mixed commissions, documentation and real safety measures; although extensions were granted, the objective was to regularize the company and reduce risks, avoiding penalties.
7 min reading
LABORAL
REFORM REDUCTION OF WORKING HOURS
The reform seeks to reduce the workday to 40 hours per week with two days off, which will imply adjustments for companies and greater control over overtime to protect workers' health.
9 min reading
LABORAL
IMPACT OF THE LABOR REFORM ON LABOR CONCILIATION AND LABOR TRIALS, IN COMPARISON WITH THE PREVIOUS PROCEDURE SINCE ITS ENTRY INTO FORCE IN THE STATE OF JALISCO.
The labor reform in Jalisco reduced lawsuits by making conciliation mandatory and transferring cases to labor courts, achieving more agile processes and sentences in months instead of years.
6 min reading
LABORAL
LABOR REFORM FOR DIGITAL PLATFORMS
The 2024 labor reform recognizes the rights of delivery drivers and drivers of digital platforms, granting them social security, minimum wage, profit sharing and greater protection, while forcing apps to comply with new responsibilities and penalties.
7 min reading
LABORAL
CHAIR LAW (recognizes labor dignity)
Labor compliance prevents legal and reputational risks by guaranteeing respect for workers' rights, avoiding sanctions and strengthening the company's ethical culture.
3 min reading
LABORAL
LABOR COMPLIANCE
Labor compliance prevents legal and reputational risks by guaranteeing respect for workers' rights, avoiding sanctions and strengthening the company's ethical culture.
13 min reading
LITIGIO
ANALYSIS OF ENFORCEMENT OF STATUTE OF LIMITATIONS
The SCJN ruled that filing defenses interrupts the tax statute of limitations, even if this unfairly conditions the right of access to justice.
12 min reading
LITIGIO
LEGALITY OF PRESUMPTIONS IN TAX MATTERS
The tax presumptions of article 59 CFF only generate taxes if an increase in taxpayers' net worth is effectively proven.
2 min reading
LITIGIO
TEMPORARY OR PERMANENT CLOSURE AS A SANCTION
The administrative closure, temporary or permanent, sanctions legal infractions, guaranteeing prior hearing and proportionality according to Federal Law.
7 min reading
LITIGIO
THE ECONOMIC BURDEN OF EXPERT EVIDENCE: A QUESTION OF UNCONSTITUTIONALITY
Article 353 CPC Jalisco imposes an expert payment to the offeror, violating free access to justice and procedural fairness.
7 min reading
LITIGIO
THE TRANSGENIC CORN DILEMMA IN MEXICO
Mexico constitutionally prohibits transgenic corn, seeking to protect biodiversity and farmers, but increases dependence on imports and economic risks.
5 min reading
LITIGIO
RELEVANT CRITERIA ON TAX MATTERS ISSUED BY THE SUPREME COURT OF JUSTICE OF THE NATION
The SCJN ruled that the removal of the tax domicile does not violate equality or discrimination, denying the requested amparo.
8 min reading
LITIGIO
CONTROLLING BENEFICIARY IN TAX MATTERS
The controlling beneficiary is the natural person who, directly or indirectly, obtains benefits or controls an entity, and companies are required to identify them, keep their information and report it to SAT, with penalties of up to 2 million pesos for non-compliance.
3 min reading
LITIGIO
PRECAUTIONARY SEIZURE OF TAXPAYERS' BANK ACCOUNTS
Precautionary seizure allows the SAT to freeze bank accounts without prior tax credit when the taxpayer cannot be located or there is a risk of concealing assets, a measure that can be challenged through revocation, nullity or amparo.
5 min reading
LITIGIO
CAN THE SAT SEIZE INTANGIBLE ASSETS?
The SAT can seize intangible assets: industrial property rights (trademarks, patents, designs) are attachable, while copyrights are unattachable, except for economic fruits such as royalties.
6 min reading
LITIGIO
HAVE YOU EVER WONDERED WHETHER COPYRIGHTS ARE INHERITABLE? FOR EXAMPLE, IF YOU WROTE A BOOK, CAN THE RIGHTS INHERENT TO THE WORK BE INHERITED TO YOUR DESCENDANTS OR DO THESE RIGHTS DIE WITH YOU?
Copyright does not die with the creator: moral rights can only be partially exercised by the heirs, while economic rights are transmitted and generate economic benefits for up to 100 years before passing into the public domain.
6 min reading
MASC
SANCTIONS FOR THE FACILITATOR OF ALTERNATIVE DISPUTE RESOLUTION MECHANISMS: SHOULD THE FAILURE TO UPDATE THE REGISTRY BE CONSIDERED A SERIOUS MISCONDUCT?
Serious misconduct by facilitators violates essential principles and leads to the revocation of their professional certification.
6 min reading
MASC
PRECAUTIONS TO BE TAKEN INTO ACCOUNT IN THE CONCILIATION PROCEDURE TO SETTLE DISPUTES ARISING FROM A FRANCHISE AGREEMENT
Conciliation before the IMPI is the suitable and binding mechanism to resolve infringements in franchise agreements.
5 min reading
MASC
ALTERNATIVE METHODS OF DISPUTE RESOLUTION IN THE CORPORATE GOVERNANCE OF CORPORATIONS
Alternative methods strengthen corporate governance, resolving corporate conflicts quickly and promoting cooperation between shareholders and directors.
5 min reading
MASC
MEDIATION AS A METHOD FOR COUNTERACTING THE PROBLEM OF GENERATIONAL LEAP IN THE FAMILY BUSINESS
Mediation strengthens communication in family businesses, prevents generational conflicts and complements the family protocol with cooperative solutions.
10 min reading
MASC
THE GENERAL LAW ON ALTERNATIVE MECHANISMS: PROGRESS, GAPS AND CONTRADICTIONS
The new General ADR Law promotes alternative justice, but omits procedural economy and creates bureaucratic obstacles and ambiguous responsibilities for facilitators.
10 min reading
MASC
ALTERNATIVE JUSTICE. WHEN IS A SETTLEMENT AGREEMENT "DEFICIENT OR NEGLIGENT"?
The new General ADR Law strengthens the agreements by giving them the effect of res judicata, but generates uncertainty due to the ambiguity in the responsibility of the facilitators.
5 min reading
MASC
WHAT ARE THE ADVANTAGES OF INCLUDING ALTERNATIVE DISPUTE RESOLUTION MECHANISMS IN THE CONTENT OF A LEASE CONTRACT?
ADR in leasing: preventive covenant and methods such as mediation/conciliation to prevent and resolve defaults, reduce costs/time, maintain relationships and offer flexible solutions.
4 min reading
INTELLECTUAL PROPERTY
DECLARATION OF REAL AND EFFECTIVE USE OF TRADEMARKS
The trade dress protects the distinctive appearance of the product; it requires registration and declaration of use to avoid expiration.
2 min reading
INTELLECTUAL PROPERTY
NON-TRADITIONAL BRANDS IN MEXICO: OLFACTORY BRANDS
Scent marks distinguish products by their scent, provided that it is not inherent, generic or functional to the product.
3 min reading
INTELLECTUAL PROPERTY
CERTIFICATION MARKS
Certification marks distinguish products verified by their owner, registrable only by legal entities and without licenses.
3 min reading
INTELLECTUAL PROPERTY
COLLECTIVE MARKS
Collective marks identify products or services of associations, are non-transferable and require rules of use registered with IMPI.
14 min reading
INTELLECTUAL PROPERTY
ECONOMIC RIGHTS IN COPYRIGHTS
Copyright: non-transferable moral rights; transferable, temporary and onerous patrimonial rights; works for hire and labor rights give priority to the principal.
3 min reading
SAC
THE WHISTLEBLOWER CHANNEL SYSTEM IN A CORPORATE COMPLIANCE PROGRAM: THE ADVANTAGES OF ITS APPLICATION
The whistleblower channel strengthens corporate compliance, enabling confidential reporting, preventing risks and reinforcing corporate ethics and transparency.
2 min reading
SAC
THE ISO 37301 STANDARD AND ITS APPLICATION IN THE DESIGN OF CORPORATE COMPLIANCE PROGRAMS
The ISO 37301 standard promotes effective compliance programs, led by the compliance officer, strengthening ethics, trust and competitiveness.
3 min reading
SAC
THE ADVANTAGES OF HAVING COMPLIANCE MANUALS IN THE BUSINESS ORGANIZATION
The compliance manual organizes internal policies and controls, tailored to each company, to prevent legal and ethical risks.
12 min reading
SAC
ANTI-SEPARATION COVENANTS IN THE CORPORATION. WHEN ARE THEY ILLEGAL?
The right of separation ensures the shareholder's freedom of association, although restrictive bylaws may violate it and generate nullity.
12 min reading
SAC
SIMULTANEOUS PUBLICATION OF THE FIRST AND SECOND CALL OF THE SHAREHOLDERS' MEETING: OPINION ON THE NEW CRITERIA OF THE FIRST CHAMBER OF THE SUPREME COURT OF JUSTICE
The corporate notice guarantees shareholders' rights; SCJN admits joint or separate publication, although debate persists on its validity.
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