Thomas S. Heather

Thomas S. Heather

Thomas S. Heather

Thomas S. Heather joined the firm of Ritch y Rovsar, S.C. in 1981 and became a partner in 1982 thru 2005; he rejoined Ritch, Mueller, Heather y Nicolau (formerly Ritch, Heather y Mueller, S.C.) as a partner in 2013. From 2006 to 2010, he was a partner of a major New York based law firm, where he was entrusted with the Latin American Restructuring and Insolvency Group out of Miami; thereafter and immediately prior to merging his law firm with Ritch Mueller, he headed Heather & Heather.

Mr. Heather has more than 40 years of experience and has earned recognitions and distinctions as a leading lawyer in Mexico and Latin America. For decades, he has been recognized in the top tier rankings of Euromoney Guides, Who´s Who Legal and Chambers, in banking and finance, international arbitration, insolvency corporate governance and mergers and acquisitions. He has earned star performer recognition in Chambers and has been awarded Deal of the Year recognition by the leading organizations, especially in the field of financial restructurings and was elected to the Best Lawyers – 100 Leading International Lawyers from 2000 through 2018.

He has lectured widely internationally atleading Mexican and U.S. universities, has published more than one hundred articles and has co-authored several treatises. He is a founding member of the International Insolvency Institute, past chairman of the Mexican Mediation Institute and of the Financial Law Committee of the Mexican Bar Association and is a member of the Arbitration Academy of Mexico and of the Best Practices and Governance Committee of the Mexican Business Council (Consejo Coordinador Empresarial – CCE).

Mr. Heather has served on the Board of Directors of leading multinational corporations, including Grupo Modelo, Scotiabank, GSF Telecom Holdings and Grupo Bimbo. He is currently a director and member of the Audit and Corporate Governance Committees of Grupo Financiero Banorte, Seguros y Pensiones Banorte, EMX Capital, GRUMA, Grupo Televisa and AFORE Siglo XXI – Banorte. He also serves on the Advisory Board, Program on International Financial Institutions of Harvard University, and has been a delegate to the United Nations – UNICITRAL, in respect of conferences on multinational group insolvencies. Mr. Heather has also chaired a number of international arbitration tribunals. He drafted both editions of the CCE Code of Integrity and Business Ethics and anti-corruption policies for a number of leading corporations.

Recent Experience in Relevant Matters

  • Represented Deloitte Touche in the spin-off its consulting business.
  • Represented Newmont Mining in its successful joint ventures with Fresnillo, PLC.
  • Represented Nikko Hotels in its sale of the Nikko Hotel – Mexico City to Hyatt International.
  • Represented Anheuser-Busch Companies in its acquisitions and arbitrations relating to Grupo Modelo.
  • Represented GRUMA in its acquisition of the Latin American assets of Archer Daniels Midland Corporation.
  • Represented Grupo Bimbo in the issuance of securities to finance the acquisition of Sarah Lee and the Weston Corporation.
  • Represented Scotiabank in its purchase of all outstanding minority interests in GF Scotiabank Inverlat and designed and implemented its corporate governance principles, holding the position of Vice-chairman of the Board of Directors.
  • Represented Petroleos Mexicanos in its joint venture with Shell for the purchase of a 50% interest in the Deer Park Refinery (Texas).
  • In the past three years, represented the bank and financial creditors, in the successful restructuring of GRUMA, Grupo Industrial Saltillo, Controladora Comercial Mexicana, Vitro, Grupo Collado, Industrias Unidas, Urbi, AHMSA and Empresas ICA among others; from 1981 through 2013, participated as creditors and bondholders counsel in the successful restructuring of approximately 200 entities of Mexico´s public and private sector, as well as appointments in Spain and Brasil (Aracruz).
  • Represented Crediamigo in its sale to EZ Corp, and its issuance of bonds and entry to the capital markets.
  • Represented the purchaser in the acquisition of Cablecom and its sale to Televisa.
  • Represented OHL in its sale of the Mayacoba mega-tourism development in Playa del Carmen, México.
  • Recently concluded the largest court supervised restructuring to date in Mexico, Empresas ICA, in his 20th appointment as conciliador.
  • Represents three of the Big 4 accounting firms in compliance and investigation matters in regard to the PCAOB.

Extracurricular Activities

  • Board member, REINTEGRA, A.C., pro-bono association.
  • Former professor, International Business Transactions, Escuela Libre de Derecho.
  • Counsel to the Consejo Coordinador Empresarial (CCE) and permanent member of the drafting commission for the Code of Best Corporate Practices, CCE and IMEF.
  • Arbitrator, International Court of Arbitration of the International Chamber of Commerce, Paris; Member of the Arbitration Commission, CAMCA and CANACO; NAFTA arbitrator, Washington, D.C.
  • Independent Conciliador (insolvency administrator), and Sindico (Trustee), and former founding member of the Mexican Institute of Insolvency Specialists.

Experience as a Foreign Associate

  • Reid & Priest, New York 1980-1981

Banking and Financial Services, Bankruptcy, Corporate and Commercial, M&A Disputes, Mediation

LLB Escuela Libre de Derecho (1978)
National Prize on Taxation Studies (1979)
Graduate studies: business and finance, UNAM (National Unifersity of Mexico)
Master of Corporative Jurisprudence, The University of Texas at Austin (1979)

English, Spanish
Av. Pedregal 24, Piso 10, Molino del Rey Miguel Hidalgo
Mexico

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Thomas S. Heather