Mauricio A. España

Litigation and Trials

• ULMA Forja in litigation, including trial, relating to false adverting claims under The Lanham Act and state consumer protection laws.  
• Major lender in litigation by borrower asserting various torts, include tortious interference and defamation.
• Institutional investors in trust instructional proceedings relating to the distribution of proceeds of RMBS Settlements.
• Entretenimiento GM de México S.A. de C.V., at trial in federal court on breach of contract claims by affiliates of AMC Entertainment, Inc. arising out of the purchase of a group of Mexican cinemas (LCE Mexican Holdings et al. v. Entretenimiento GM de México S.A. de C.V., Case No. 10-cv-3610).
• RMBS investor in a trust instructional proceeding concerning the reformation of a pooling and servicing agreement.
• The Bank of New York Mellon in litigation relating to its role as Indenture Trustee and Auction Agent in student loan securitizations (U.S. Education Loan Trust IV, LLC v. The Bank of New York Mellon, Index No. 654415-2017 (Supreme Court, New York County). 
• The Bank of New York Mellon in all aspects of litigation and SEC and CFTC investigations relating to the bankruptcy of Sentinel Management Group.
• The Bank of New York Mellon, as trustee of residential mortgage-backed securitization (RMBS) trusts, in a variety of matters, including litigation seeking the approval of an US$8.5 billion proposed settlement with Bank of America Corp. in connection with 530 RMBS trusts (In the matter of the application of The Bank of New York Mellon, Index No. 651786/2011 (Supreme Court, New York County)) and litigations concerning various RMBS related settlements and claims in the bankruptcy of Residential Capital, LLC, and certain of its subsidiaries, including an US$8.7 billion Allowed Claim settlement relating to allegations of breaches of representations and warranties.
• The Bank of New York Mellon, as trustee of residential mortgage-backed securitization (RMBS) trusts, in litigation concerning various RMBS-related settlements and claims in the bankruptcy of Residential Capital, LLC, and certain of its subsidiaries (In re Residential Capital, LLC et al., Case No. 12-12020 (MG) (S.D.N.Y)).
• The Bank of New York Mellon in litigation alleging various claims by Repsol, S.A. arising out of Argentina's expropriation of Repsol's ownership in YPF S.A. (Repsol, S.A. v. The Bank of New York Mellon et al., Index No. 652653/2012).
• Big Four accounting firm in connection with litigation arising out of its audit of a company accused of orchestrating a $600 million Ponzi scheme.

Automotive Industry

• Takata Corporation in connection with investigations of airbag inflator ruptures by the National Highway Traffic Safety Administration, Congress, the Department of Justice and other entities, and in related civil litigation.
• Global automotive supplier in internal investigation relating to allegations of manipulating inspection data that was provided to customers.
• Automobile manufacturer in investigations by Department of Justice and National Highway Traffic Safety Administration relating to the adequacy and timeliness of recalls.

Investigations

• Various lenders in connection with ongoing government investigations into fraud committed by borrowers and related construction companies.
• Senior executives in connection with various ongoing FCPA and AML investigations involving activity in Latin America and Asia.
• Senior executives in connection with various government investigations relating to the violation of the federal securities laws.
• Senior executives of a major pharmaceutical company in investigations by the DOJ and FDA concerning alleged misrepresentations made by the company in connection with its submission of a New Drug Application and potential violations of the False Claims Act as a result of the company's promotional disclosures and marketing practices.
• Latin American companies, and Latin American subsidiaries of multi-national entities, in anti-corruption training conducted entirely in Spanish 
• Global manufacturer of electrical meters in an investigation by the DOJ concerning alleged violations of the False Claims Act.
• Latin American media company listed on a U.S. exchange in the first-ever up-the-ladder reporting case under Section 307 of the Sarbanes-Oxley Act of 2002.

• No Surprises: Key Witness Prep in a White Collar Case — NACDL White Collar Conference, Washington, D.C. (September 15, 2017)
• A Price Worth Paying?: Proactive Risk Management for Corporate Counsel – New York, NY (April 27, 2017)
• Designing and Implementing an Effective Compliance Program: Evaluating and Managing Risk Across Corporate Entities — ACC America – Association of Corporate Counsel – Greater New York Chapter, New York, NY (October 17, 2012)
• The International Anti-Corruption Framework and the Legal Profession — Anti-Corruption Strategy for the Legal Profession Workshop, Istanbul (March 28, 2012)
• A New Era of Regulation and the Dodd Frank Act: The Dodd Frank Act’s Impact on Securities Litigation and the SEC’s Enforcement Power — Hispanic National Bar Association 2011 Mid-Year Corporate Counsel Conference, New Orleans, LA (March 11, 2011)
• “Cómo pueden las empresas combatir la corrupción? Herramientas internacionales (How Can Companies Combat Corruption? International Tools)” — Anti-Corruption Committee of the International Chamber of Commerce, Mexico City (October 19, 2010)
• Anti-Corruption Strategy for the Legal Professional: Risks and Threats of Corruption and the Legal Profession — International Bar Association and the Organization for Economic Development & United Nations Office of Drugs and Crimes, Mexico City (October 18, 2010)