Aguila focuses primarily on complex commercial litigation, including banking, securities, real estate, international, and appellate litigation. She represents foreign and domestic clients in various industries throughout the United States and Latin America in a wide range of federal, state and international litigation and arbitration matters involving business torts, contractual disputes, and partnership dissolutions.

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Aguila focuses primarily on complex commercial litigation, including banking, securities, real estate, international, and appellate litigation. She represents foreign and domestic clients in various industries throughout the United States and Latin America in a wide range of federal, state and international litigation and arbitration matters involving business torts, contractual disputes, and partnership dissolutions.

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Andrés Rivero, M. Paula Aguila, and Zaharah R. Markoe filed the amici brief as counsel for the amici curiae seeking the Court’s grant of certiorari in favor of the Republic of Argentina, which has stated that this is the most important international litigation case the country faces at the moment, both legally and financially. A response from the Respondents is scheduled to be filed by December 17th.

The amici brief addresses an unsettled issue subject of split authority among U.S courts of appeals. The Supreme Court is petitioned to determine the scope of the commercial activity exception under the Foreign Sovereign Immunities Act (FSIA) as it relates to acts of expropriation by a sovereign. The underlying dispute arose when the Argentine Congress enacted legislation that expropriated a controlling stake of shares in Argentina’s largest oil company from a Spanish corporate shareholder, doing so in the public interest to achieve energy self-sufficiency. The Spanish company objected to the expropriating measure arguing it breached the oil company’s takeover provisions under its bylaws which required a public tender offer for all the company’s shares before acquiring a controlling stake in the company. In contrast, Argentina maintains that its sovereign immunity preempts any obligations under the bylaws. Both the U.S. District Court for the Southern District of New York and U.S. Court of Appeals for the Second Circuit concluded sovereign immunity does not apply stating that, while the expropriation is a sovereign act, its effects were commercial in nature involving obligations under the bylaws which constitute an independent breach of contract if not followed accordingly.

About Rivero Mestre LLP

Rivero Mestre, with offices in Miami and New York, represents clients from investigation to verdict and appeal in complex business disputes in U.S. federal courts, state courts, and domestic and international arbitration proceedings. The firm’s practice focuses primarily on representing corporate and institutional clients in a broad range of complex commercial disputes including financial institution matters, intellectual property disputes, and litigation and arbitration relating to Latin American trade and investment.

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The Court of Appeal sided with Aguila’s argument stating that, “the plain language of this contract expresses an unmistakable intent to make the forum provision exclusive…[and that] there was no ambiguity.”  The Court of Appeal concluded that the forum selection clause, as written, was mandatory, exclusive and unambiguous and, thus, the case should be litigated in Brazil. The Third District Court of Appeal reversed the trial court order on October 17, 2018.

About Rivero Mestre LLP

Rivero Mestre, with offices in Miami and New York, represents clients from investigation to verdict and appeal in complex business disputes in U.S. federal courts, state courts, and domestic and international arbitration proceedings. The firm’s practice focuses primarily on representing corporate and institutional clients in a broad range of complex commercial disputes including financial institution matters, intellectual property disputes, and litigation and arbitration relating to Latin American trade and investment.

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The panel discussed the legal tools available for engaging in international discovery, including 28 U.S.C. § 1782, the primary method of obtaining evidence in the United States to assist litigants in foreign and international tribunals, and The Hague Convention on the Taking of Evidence Abroad, the primary method of obtaining evidence in Latin America for foreign litigation. The panel was moderated by Paula Aguila, Co-Chair of the Latin American and Caribbean Committee of the ABA SIL, and speakers included: Andres Rivero of Rivero Mestre, Retired New York Supreme Court Justice Ariel Belen, of JAMS in New York, Eddie Varon Levy, of the Law Offices of Eddie Varon Levy in Mexico City, Mexico, Mauricio Salas, of BLP in San Jose, Costa Rica, and Sergio Andre Laclau, of Veirano Advogados in São Paulo, Brazil.

The 2018 Annual Conference is the Section’s premiere plenary meeting and a “Must Attend” for Section members and attorneys whose practices implicate international issues.  World class speakers, cutting edge programs, and constant networking/relationship building are Conference hallmarks.

Aguila’s practice focuses primarily on commercial litigation, including international litigation and arbitration, and white collar criminal defense. She defends and prosecutes substantial business disputes before the Courts of the United States and the State of Florida, as well as in domestic and international arbitration proceedings. Rivero’s practice is focused exclusively on complex business litigation, including international arbitration and litigation. A former federal prosecutor, Rivero is a skilled trial lawyer with more than 30 years of experience in representing corporations and entrepreneurs in banking litigation, intellectual property disputes, antitrust and securities claims, and partnership and shareholder controversies.

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Super Lawyers honors attorneys who have obtained a high-degree of peer recognition and professional achievement within their practice area. The Rising Stars list is comprised of attorneys who are 40 years old or younger and have been in practice for ten years or less. Only up to five percent of lawyers in the state of Florida can be recognized as Super Lawyers, while less than three percent are named Rising Stars. Both Super Lawyers and Rising Stars are selected based on a patented selection process, which includes nominations by clients or firm, extensive research on the candidates and peer reviews.

Rivero is a commercial litigator with substantial experience in representing corporations and entrepreneurs in intellectual property disputes, antitrust and securities claims, and partnership and shareholder controversies. Along with many other members of the firm, Rivero is fluent in Spanish, and has conducted litigations and arbitrations, including winning an arbitration trial in Mexico, in Spanish.

A seasoned practitioner, Mestre focuses his practice on commercial litigation, including international arbitration and litigation. He has litigated cases through trial in both federal district court and Florida state court and has handled appeals before numerous state and federal courts. Mestre has litigated domestic and international arbitration matters in both English and Spanish, including an arbitration victory in Spanish.

Aguila focuses on complex commercial litigation, including banking, securities, real estate, international, and appellate litigation. She represents foreign and domestic clients in various industries throughout the United States and Latin America in a wide range of federal, state and international litigation and arbitration matters involving business torts, contractual disputes and partnership dissolutions.

Whorton’s practice focuses on all aspects of commercial litigation. His focus has been on financial services litigation and securities litigation, in both federal and state courts, representing domestic and international clients.

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• Daniel R. Alonso, Exiger, New York, NY
• Guillermo S. Christensen, Baker Botts LLP, Washington DC
• Ana Irene Delgado, Socia de Solis, Endara, Delgado & Guevara, London, UK
• Adria Perez, Kilpatrick Townsend & Stockton LLP, Atlanta, GA

About the session:

The “Panama Papers” exposed financial dealings of some of the world’s richest and most powerful individuals including a number of high ranking officials in Latin America. The papers include financial records, legal documents, and correspondences dating back over 40 years. These files reveal secret offshore accounts of current and former world leaders as well as individuals with close ties to political and business figures around the globe. A number of Latin American leaders are allegedly implicated in this corruption. The Panama Papers leak will likely raise legal issues for years to come. The panelists discussed the legal ramifications of the Panama Papers, including issues of law relating to cyber security, white-collar crimes, international litigation and finance.

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The panel discussed potential opportunities for expanding legal careers in the U.S. from an international perspective, how to leverage international education while learning best practices for professional development and growth. The panel was moderated by Ireneo A. Reus III and speakers included: Cedric Chapuis, Tzu-Kai Lo, Monika Oyama and Daisuke Yuki.

The 2016 Fall Meeting offered attendees 60+ CLE Programs sorted into 9 tracks: Anti-Corruption, Business-Corporate/Transactional, Competition, Intellectual Property/Technology, Law Practice, Litigation/Arbitration, Public International Law, Trade, and Trans-Pacific Partnership.

Aguila’s practice focuses primarily on commercial litigation, including international litigation and arbitration, and white collar criminal defense. She defends and prosecutes substantial business disputes before the Courts of the United States and the State of Florida, as well as in domestic and international arbitration proceedings.

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Rivero Mestre has been involved with LCLD since 2012. In the past year, M. Paula Aguila served as the Co-Chair to the Fellows Alumni Program Development Committee, Aylia Licor participated in the Fellows program, Daniel Sox participated in the Pathfinder program and Carlos Rodriguez continued his role of Miami City Lead for the LCLD’s minority mentoring program. Rivero Mestre also hosted a 1L Scholar and participated in the 1L Scholars Summit.

The LCLD is an organization of more than 220 corporate chief legal officers and law firm managing partners—the leadership of the profession—who have dedicated themselves to creating a truly diverse U.S. legal profession. The programs are designed to attract, inspire, and nurture the talent in society and within the organization. Their ultimate goal is to build a more open and diverse legal profession.

Rivero Mestre is one of a small number of minority owned law firms in the United States that practice complex commercial litigation, including international litigation and arbitration, at the highest levels. Over eighty percent of its lawyers and its entire support staff come from a variety of racial and ethnic backgrounds.

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M. Paula Aguila and Charles E. Whorton have also been selected to the 2016 Florida Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. The 2016 Florida Rising Stars list will be published in the Super Lawyers Magazine and in the Miami Herald.

Super Lawyers recognizes attorneys who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a statewide survey of lawyers, independent research evaluation of candidates and peer reviews by practice area. Both Rivero and Mestre have been recognized by Super Lawyers since 2009.

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