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Corporate & Administrative Litigation
What types of business disputes does BlackBox handle?
Breach of Contract
Landlord/Tenant Disputes
Business Torts / Breach
Significant Debt Collection
Technology and SaaS Contract Disputes
What are the special actions Amparo (Mexico) and Mandado de Segurança (Brazil)?
The Juicio de Amparo in Mexico is a unique legal proceeding to protect individuals and companies against government acts or laws that violate constitutional rights.
The Mandado de Segurança in Brazil is a constitutional remedy used to protect clear legal rights (direito líquido e certo) from illegal or abusive acts committed by public authorities.
What if our startup has a problem with a government agency or regulator?
We have significant experience representing startups in challenging adverse actions from various government bodies. We help contest fines, sanctions, license/permit denials, and defend against regulatory enforcement actions.
What should our startup know about the amparo process in Mexico?
For startups, it can be a powerful tool against regulatory overreach or unfavorable administrative decisions.
The process has strict procedural requirements and short filing deadlines (typically 15 business days).
It can provide immediate suspension (injunction) of government actions while the trial continues.
What is your approach, do you always go to court?
Our approach is strategic and business-oriented. We are prepared to litigate forcefully and skillfully in court; however, we evaluate opportunities for negotiation and settlement where it aligns with your business goals and offers a favorable resolution.
How does administrative litigation in Brazil differ from the US or Mexico?
Multiple levels of administrative appeals must often be exhausted before judicial review.
Regulatory agencies (like CADE, ANATEL, ANVISA) have substantial enforcement powers, and public prosecutors (Ministério Público) can initiate proceedings against companies.
Class actions (ações civis públicas) are increasingly common for consumer and data issues.
At BlackBox Startup Law we have forged a sound litigation practice, which is able to communicate complex, disruptive and innovative matters to traditional federal and state courts.
Our attorneys have a formidable track record of victories representing BlackBox’s clients in a wide array of matters, such as:
- Privacy investigations by Mexico’s National Data Privacy Institute (Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales).
- Antitrust related proceedings before the Federal Competition Commission (Comisión Federal de Competencia Económica).
- Claims and arbitration procedures with the Consumer Protection Agency (Procuraduría Federal del Consumidor).
- Contractual and corporate disputes.
- Mexican Constitutional Rights Review Process (Amparo).
- Labor lawsuits filed by former employees.
We have a history of taking on difficult Startup-related cases and fighting hard to achieve positive results for our clients. No matter the circumstances, our litigation lawyers possess the skills and expertise to achieve the best possible outcome for your Startup.
Unlike other firms, we limit our engagements to a selective client base. This enables us to be extremely attentive to our clients’ needs and to personalize our interactions.
Whether you are a plaintiff or a defendant, we can anticipate your needs and will work tirelessly to meet or exceed your expectations, we will diligently advocate to get you the most cost-effective settlement possible or the best judgement or award.
LANDMARK LITIGATION
Consumer Protection Agency imposes millionaire fines to ride-sharing apps
On July 2018 Mexico’s Consumer Protection Agency (PROFECO) imposed a millionaire fine to Easy Taxi (alongside with Cabify and UBER), for allegedly incurring in false advertising and violating consumer protection laws.
BlackBox’s litigators obtained a favorable ruling that annulled the Agency’s fine, from the Thirteenth Federal Administrative Court for Serious Penalties (Decimotercera Sala Regional Metropolitana y Auxiliar en Materia de Responsabilidades Administrativas Graves).
Mexico City launches new regulations for ride-sharing apps
On October 2018 the Mobility Agency of Mexico City (SEMOVI) issued regulations that required ride-hailing applications to purchase a standard taximeter for each of their cars (the “New Regulations”).
BlackBox, representing Cabify, prepared and filed a Constitutional Rights Review Process (Amparo) and obtained a favorable decree from Mexico’s Third Federal District Court. The aforesaid court ruled that the New Regulations would not be applicable to Cabify at all.
No Win, No Fee
We offer a No Win, No Fee arrangement, meaning that if we proceed with a claim, you will only have to pay legal costs if BlackBox is successful in getting compensation or in avoiding a liability or fine.
The Barristers and the Fair Lady