John E. Rogers

John E. Rogers concentrates his practice in the areas of banking, corporate, international, insolvency matters, and foreign investment law, with a focus on Latin American banks and companies. Formerly chief counsel of Bank of America in Mexico, John has broad experience in bank lending transactions and loan workouts, project finance, joint ventures, private equity, acquisitions, securitization, and international bondholder representation.

John is also actively involved in the development of new financing and investment vehicles for banks and investors initiating or expanding operations in Mexico and other parts of Latin America. He has represented numerous clients involved in cross-border litigation. In addition, John has experience in the telecommunications field, including air-to-ground telephony, satellite communications, and local telephony; and in energy matters, including natural gas distribution and transportation.

A resident of Mexico for over 20 years, John served as Partner-in-Charge of the firm's Mexico City office from 2001 to 2007. He returned to the U.S. to launch the firm's New York office (2007), and after successfully establishing that location, rejoined the Mexico City office (2012). In many matters, he works closely with attorneys admitted to practice Mexican law, including those with whom the firm is affiliated through Clark Hill Strasburger & PBP, S.C. (see more here).

Representative Experience

• Infrastructure Finance: Represented international investors in $207 million of bonds issued to finance Mexican toll highways
• Project Finance: Represented U.S. security trustee in connection with four project finance transactions involving Mexican energy projects
• International Secured Loans: Represented U.S. and European banks in loans secured by shares of Mexican companies, accounts receivable and other collateral
• Bankruptcy: Represented U.S. indenture trustee on behalf of holders of $100 million in notes issued by Mexican company which filed for bankruptcy in Mexico. Also assisted trustee for bankrupt U.S. truck line in connection with winding up Mexican subsidiaries? operations, including negotiations with Mexican creditors and joint venture partners
• Cross Border Litigation: Represented U.S. judgment creditors in enforcing judgment against assets in Mexico; assisted in defense of U.S. company against claim by former JV partner; represented U.S. corporate trustee in defending against claims challenging the validity of a $200M securitization transaction
• Trade Finance: Represented U.S. bank lending to Mexican importers of U.S. goods. Obtained loan insurance and guarantees from the Export-Import Bank of the United States
• Private Equity: Represented U.S. investor in Mexican venture-capital company formed as a "SAPI" private equity with Mexican and European partners, to import Danish technology supporting the development of the Mexican market for mortgage-backed securities
• Telecommunications: Represented companies engaged in local telephone, satellite and air-ground telephone operations; represented local telephony provider in negotiating and documenting $22 million in vendor financing.
• Mexican Government Debt: Represented major U.S. bank in connection with restructuring of more than $50 billion of the external debt of Mexican government and its agencies in 1982-1990
• Syndicated Acquisition Financing: Represented European bank in $75 million syndicated bridge financing of acquisition by Mexican investors of majority stake in large Mexican retailer
• Collateralized Restructuring: Represented European lenders in debt restructuring for which innovative collateral arrangement was developed with warehouse receipts covering sugar
• Foreign Investment: Assisted U.S. investors in establishing Mexican limited liability company to be used as vehicle for joint venture and "flow-through" entity for U.S. tax purposes
• Acquisitions: Assisted Mexican chemical company in $500 million acquisition of Latin American plastic pipe producers; and represented European consumer-products company in negotiation of acquisition of $26 million in assets of Mexican company
• Transportation: Represented U.S. vessel owner in structuring and implementing joint venture with Mexican operator to furnish supply vessels under Pemex contract; represented U.S. truck line in structuring and negotiating loan to Mexican truck line; and assisted U.S. helicopter and Canadian submarine providers in structuring Mexican joint ventures for tourism industry
• Credit Bureaus: Represented U.S. credit reporting company in establishing and operating Mexican subsidiary

Not admitted in Mexico

Presentations

• Speaker. "Secured Transactions in Mexico after the 2014 Financial Reform, and Other Latin American Developments," ABA International Law Section Spring Meeting, 2014.
• Speaker, "Maximizing Creditor Recovery in Corporate Restructurings Mexico: Some Legal Issues, Creditor Types, and Case Studies," LatinFinance Conference, November 2003.
• Speaker, "Buying a Mexican Transportation Company," Transportation Lawyers Association Annual Conference, May 2002.
• ​Speaker, "Critical Financing and Credit Issues for Businesses Operating in Mexico Today," Strasburger Corporate Counsel Series, 2000.

Publications

• Co-author, Strasburger Lender's Alert, "Lockbox Accounts in Mexico," August 2015.
• Co-author, The United States-Mexico Chamber of Commerce: Northeast, "Secured Transactions in Mexico: Recent Reforms and Their Effects," Winter 2014.
• Co-author, Banker's Alert, "Mexico's Unified Secured Transactions Registry Offers New Opportunities for Secured Lending," December 2010.
• Editor-in-Chief, New York City Bar Association on Private Equity “Developments in Brazil, Colombia and Mexico, Latin American Law & Business Report,” August-September 2010.
• Co-author, The National Association of Bankruptcy Trustees, “Liquidation of Multinational Companies: Implications for Mexican Subsidiaries,” Spring 2010.
• Co-author, Globe Business Publishing Ltd., “Cross-border Jurisdiction of US Bankruptcy Law, Global Financial Crisis: Navigating and Understanding the Legal and Regulatory Aspects,” 2009.
• Co-author, Securitizations, Latin American Law & Business, “Recent Changes in Mexican Law May Affect Loan Sales,” Report, June 2008.
• Co-author, Latin American Law & Business Report, “The Financial Crisis and Implications for U.S.-Mexico Bankruptcies and Restructurings,” November 2008.
• Co-author, North American Free Trade & Investment Report “Private Equity Investments in a Mexican "SAPI": Implications for Shareholder Agreements and Exit Strategies,” January 2007.
• Co-author, IFLR, “Mexico Looks Forward to Era of Public-Private Deals,” November 2005.
• Co-author, Latin American Law & Business Report, “Theory vs. Practice: Creditor Rights in Mexico since Creation of Non-Possessory Pledge and Guaranty Trust,” December 2005.
• Co-author, Global Banking and Financial Policy Review, “Mexico Looks to Denmark on Mortgage-Backed Securities,” 2004-2005.
• Author, International Financial Law Review, “The Challenges to Bondholders and Their Trustees Under Mexico's Bankruptcy Regime,” September 2003.