Thomas S. Heather joined the firm in 1981 and has been a Partner since 1982. He specializes in Banking and Finance, Mergers and Acquisitions, Restructurings and Insolvency, Compliance, Anti-corruption and Investigations and Arbitration and Dispute Resolution.
Thomas S. Heather has more than 40 years of experience and has earned recognitions and distinctions as a leading lawyer in Mexico and Latin America. He has lectured widely internationally at leading 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 and co-founder 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). He was recently inducted into the American College of Bankruptcy as a fellow.
He is currently a director and member of the Audit and Corporate Governance Committees of Grupo Financiero Banorte, Seguros y Pensiones Banorte, GRUMA, RLH Properties, Grupo Televisa and AFORE Siglo XXI – Banorte, where he heads the Investment Committee. 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.
Represented the holders of certain senior secured notes issued by Industrias Unidas (IUSA), a Mexican diversified industrial company, in connection with an approximately $250.4 million exchange offer that was used to refinance such senior secured notes.
Represented Citigroup, HSBC and JP Morgan in connection with the offer to purchase and consent solicitation launched by Mexico City Airport Trust (MEXCAT), as issuer, to the holders of its USD$6,000 million international notes.
Represented PNC Financial Services Group and PNC Bancorp, as the major shareholders of Blackrock in the acquisition by an SPV of Blackrock of the investment management business of Citibanamex, Impulsora de Fondos.
Represent Obrascón Huarte Laín Desarrollos in the sale to RLH Properties a Mexican company that manages various properties through CKD, of 20% that it did not yet own from the Mayakoba tourist complex, including the club and golf course for a total amount of USD$57.2 million.
Represented Obrascón Huarte Laín Desarrollos in the sale to RLH Properties of 51% of the Rosewood Mayakoba, Fairmont Mayakoba, Banyan Tree Mayakoba and Andaz Mayakoba hotels, as well as of the golf course El Camaleón, also located at Mayakoba, for US$142.5 million. We also advised in the process of approval of the transaction by the Mexican Federal Economic Competition Commission.
Has represented in the past three years, the bank and financial creditors, in the successful restructuring of AHMSA GRUMA, Grupo Industrial Saltillo, Controladora Comercial Mexicana, Vitro, Grupo Collado, Industrias Unidas, Urbi, Empresas ICA and ISOLUX among others.
Has represented corporate clients as counsel in international arbitrations dealing with joint ventures, supply and construction contracts, energy investments, hotel industry disputes; has acted as arbitrator and presided over arbitration tribunals under ICC, LCIA and American Arbitration Association Rules, as well as under NAFTA. He is an experienced international mediator.
Represents three of the Big 4 accounting firms in compliance and investigation matters in regard to the PCAOB and the Securities and Exchange Commission.
Has drafted several Codes of Ethics and participated in anti-corruption investigations, designing relevant corporate policies.
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