Notes from a Texas litigator, dispelling the myths Mexican entrepreneurs believe about doing business in America.

1. Dispelling the Mexican Entrepreneur’s
Myths of Doing Business in America
… Notes from a Texas Litigator
presented by:
Edgar Saldivar
BoyarMiller
832.615.4276
esaldivar@boyarmiller.com
MABA-TX Summer CLE Conference August 2, 2013

2. Why is this relevant today?
GROWING TEXAS ECONOMY:
 Overall, US-Mexico trade over $1B daily!
 Port of Houston: largest foreign tonnage port
 Oil & Gas: Booms throughout Texas
 Crime in Mexico: Motivating Mexico’s wealthy
and business owners to branch out or set roots in different pockets of
TX

3. Increased Opportunity on Many Levels
Mexican Entrepreneurs Looking to Invest Money Here
 Creation of New Businesses in a Robust Economy
 Setting up U.S. affiliates to expand operations in Texas
 Seeking investment vehicles to take advantage of immigration visas for
residency and/or citizenship
Real Opportunities for Lawyers Serving this Market
 Immigration law opportunities, Small to Middle Market Transactional
Lawyers, Business Litigators to Counsel Clients on Risks and Liability
Concerns
 Clients will come to lawyers with certain conceptions about the U.S.
Legal System, presenting lawyers an opportunity to manage their
expectations
 Lawyers can become a trusted guide in a perceived litigation minefield

4.  “I don’t need legal counsel for every aspect of my
business.”
 Reality No. 1: Legal counsel necessary for every step of business:
formation/corporate transactions, finance and capital formation, real
estate, employment matters, and business disputes.
 Reality No. 2: Do business at your own risk; best friends will be: your
banker, accountant, and lawyer
Myth (or misconception) No. 1

5. Myth (or misconception) No. 2
 “Lawyers and the legal system can’t be that much
different from those in Mexico”
 Reality No. 1: American legal system is much different than the Mexican legal
system. And no you can’t ask a judge to throw a breaching party in jail.
 Reality No. 2: U.S. Lawyers are very specialized and often you need different
lawyers for different questions.

6. Myth (or misconception) No. 3
 “In a business friendly environment like Texas,
disputes should be resolved rather fast and easily”
 Reality No. 1: Litigation process is more complicated than it appears as there are
many steps in the process. For example, a demand letter is not that simple; and
often, that’s just the beginning.
 Reality No. 2: Litigation is much more intrusive than in Mexico and often requires
disclosures and discovery to which businesses are not accustomed in Mexico
 Reality No. 3: Cost of litigation is rising exponentially due to various factors: e-
Discovery, Litigation Holds/ Spoliation concerns, rising costs of arbitration

7. Texas: Still a Land of Opportunity for Mexican
Entrepreneurs who can manage risks with proper and
strategic legal counsel

8. Questions?
Edgar Saldivar
BoyarMiller
832.615.4276
esaldivar@boyarmiller.com
http://www.linkedin.com/in/saldivar https://twitter.com/s4ldivar