AM law rm vonst law

Jose Luis Rojas is a public accountant, currently acting as

the managing partner of the Salles Sainz Grant Torn-
ton, S. C. ofce in Aguascalientes and Leon, where he
coordinates all market eforts for fve states within Central
Mexico. He is also the partner in charge for Business Risk
Services for Grant Tornton Mexico.
With 23 years experience in control areas such as Internal and External
Audil, Mr. Luis Ro|as vas arl of a DeIoille slralegic deveIomenl ro-
gram in Phoenix, AZ as well as senior manager to the global audit director
for Deloitte in New York City.
In addition, he is a specialist in prevention, detection and reporting of
money laundering and fraud, external and internal audit, risk manage-
ment, and design and implementation of internal controls. He was also the
sub|ecl maller exerl for lhe Sarbanes xIey Lav imIemenlalion ro|ecl
in DeIoille Lalin America, and he arlicialed in muIliIe SX readiness
and attestation projects.
Irom 1998 lo 2OO8, he vas Ieading arlner of lhe Money Laundering Ire-
vention practice for Deloitte Mexico and currently performs this function
for SaIIes, Sainz Granl Thornlon, S. C. As regards his seclor exerience,
he has arlicialed in key ro|ecls in lhe hnanciaI services induslry, such
as design and implementation of transactional matrix risk for customers
in lhe hnanciaI seclor, design and imIemenlalion of a money Iaunder-
ing and lerrorism hnancing risk managemenl syslem for 12 comanies
in Colombia; and design and delivery of a learning program for money
laundering prevention for savings funds societies in Mexico.
Mr. Luis Ro|as described SaIIes, Sainz Granl Thornlon, S.C.'s currenl
client base for forensic accounting services as international companies
vilh an inleresl in moniloring lheir overseas oeralions and hnanciaI sec-
tor institutions.
He added: ur hrm is one of lhe lo hve accounling comanies, and
has the distinction of being the best auditor for the past two years in
Europe. Also, our professionals are bilingual and offer a high level of
international expertise.
As regards recenl case sludies, Mr. Luis Ro|as said: We are currenlIy
working with a public company that is implementing its antifraud pro-
grams and controls according to the SOX Act, where we have discovered
severaI smaII frauds due lo Iack of conlroI, excessive conhdence in em-
ployees and very little enforcement of the business policies.
Looking al lhe induslry as a vhoIe, he said: The currenl economic
situation worldwide and nationwide has taken a toll in that the values of
the society are put to the test and, unfortunately, fraud incidences, robbery,
}os Luis Ro|as, IubIic Accounlanl
SaIIes, Sainz Granl Thornlon, S.C.
+52 449 996 62 60
jose.l.rojas@mx.gt.com
www.mx.gt.com
Mexico Forensic Accounting Experts
theft and other crimes are increasing. Companies and their sharehold-
ers are very worried about this situations and so we have seen an
increase in the need for forensic services, training on the matter, and
design and implementation of antifraud programs and controls.
Corporate Governance standards in Mexico, meanwhile, are based
on the Best Governance Practices Code issued by the Business Coordi-
nation Council. However, this code is only a recommendation and is
asiracionaI given lhal in reaIily il is oIicy vilhoul leelh. Nolvilh-
standing that, based on a corporate governance survey performed by
Grant Thornton Mexico a few months ago, we can see at least 64%
of famiIy-ovned businesses moving lovards inslilulionaIisalion
thereby, adopting the code.
Mr. Luis Ro|as aIso noled lhal lhe rise of nev lechnoIogies has Ied
to an increase in document fraud, which creates the need for forensic
accountants to at least have a working knowledge of ID theft, forgery
and voice recognition patterns, among other areas.
He concluded: As far as 2012 is concerned, fraud will continue
to increase and companies will continue to improve their controls,
some by necessity, others by requirement of the markets where they
comele slock markel reguIalions, banking requiremenls, aIicabIe
laws, etc.
Mr. Luis Ro|as is currenlIy a member of lhe Associalion of Anli-
Money Laundering Cerlihed SeciaIisls and of lhe Associalion of Cer-
lihed Iraud Lxaminers. He has served many cIienls such as: Gruo
imbo, KeIIogg Lalinoamerica, anseh, Gruo achoco, IiIgrim's
Iride and AVN, among olher resligious brands.
Vondst Advocaten is a boutique law frm specialising in contentious IP work.
Te frm covers a full range of IP laws, ranging from patents to semiconduc-
tor rights and everything in between including trademarks, designs and
copyrights, etc.
Hidde Koenraad, partner, noted: We also represent overseas companies in
conicl silualions vhelher in IegaI roceedings or olher conlenlious silu-
ations. Besides assisting our clients enforcing their IP rights and resisting
enforcemenl aclions, ve have secihc exerlise as regards cerlain induslries,
including the IT, pharmaceutical and horticultural industries.
If a foreign business is contemplating the acquisition of assets or a business
in lhe NelherIands vhich invoIves a lransfer of II righls, Vondsl Advocalen
can provide advice on the formalities that need to be complied with in order
to accomplish a full and valid transfer of these rights (IP Due Diligence).
Mr. Koenraad venl on lo exIain lhal a key eIemenl in Vondsl's raclice is
its work for businesses specialised in breeding or exploiting plant material in
the horticultural, fruit growing and seed industries.
Vondsl advises businesses in lhese seclors aboul lhe ossibiIilies avaiIabIe
to protect the products they have developed and their breeding and horticul-
tural methods, and about licensing and other types of exploitation agree-
ments, he said.
CurrenlIy, Vondsl Advocalen vorks for a vide range of cIienls, ranging
from large automotive and pharmaceutical companies to small innovative
heaIlhcare and seed comanies. Mosl recenlIy, lhe hrm has been invoIved
in a number of high rohIe harmaceulicaI and medicaI device cross-border
patent litigations. For instance, partner Otto Swens, who is a renowned patent
Iiligalor reresenled lhe IsraeIi harmaceulicaI comany Teva Lld. in reIalion
to various medical products.
As regards the industry in general, Mr. Koenraad noted: Over the last 10
Hidde Koenraad, Partner
Vondsl Advocalen
+31 (0)20 504 20 00
mail@vondst-law.com
www.vondst-law.com
IP advisers in the Netherlands
to 15 years there has been done a lot of harmonisation work to bring
Iavs in Iine vilh LI slandards. Al lhe same lime, our II syslems bear
remnants of the old national or regional laws which include some
ecuIiarilies lhal can be considered secihc for our |urisdiclion. Ior
example, we have been used to grant a fairly broad protection to
trademarks, and we still extend trademark protection against certain
use of lrademarks olher lhan for dislinguishing goods or services if
such use is damaging for the reputation of a trade mark, even if the
mark is not well-known.
When it comes to copyright protection we have our own set of
limitations and exceptions, which bear the marks of local culture with
regard to what we in the Netherlands view as reasonable safeguards
of lhe free ov of informalion. And obviousIy lhere are cerlain
areas of IP law, such as the protection of trade names, which are not
yel harmonised vilh Iavs lhroughoul lhe IK and vhich may sel
certain unexpected standards when operating a foreign business in
the Netherlands.
This is why it will always be helpful to seek local IP advice when
doing business in the Netherlands.
Arbitration is a legal technique which allows for the resolution of disputes
outside courts. In general, arbitration is related to investment - indeed when
investment is rising, so is arbitration. As Ayman Abdallah, managing partner
at AM Law Firm, pointed out, in Egypt arbitration is important and efective
since the promulgation of Arbitration Law No. 27 of the year 1994. However,
since then diferent types of arbitration have evolved in the country.
Arbitration is often preferred to court litigation but also to other ADR
methods like mediation. It is due to the fact arbitration is not only faster and
discreet but it is biding too. Besides, a party can choose its arbitrators in case a
dispute arises.
Recently, a new kind of arbitration has appeared namely online arbitration.
It means that companies do not need to go to an arbitration institution as they
can submit the dispute to arbitrators online. This new kind of arbitration
shall be very useful nowadays as businesses all over the world use now the
Ayman Abdallah
Managing Partner
AM Lav Iirm
Mobile: +20100473700
a.abdaIIahamIavhrm-egyl.com
vvv.amIavhrm-egyl.com
Availability of various forms
of arbitration in Egypt
internet for work, commented Mr Abdallah.
Although arbitration has many advantages over litigation and
other methods of ADR, it is also very expensive. Consequently it is
suited, in most cases, for big companies rather than small ones. How-
ever, ad hoc arbitration is available for small companies or projects. In
case of ad hoc arbitration companies agree on one arbitrator to settle
their dispute.
Ad hoc arbitration is available for small
companies or projects, where parties agree
on one arbitrator to settle their dispute.
The exibiIily of arbilralion makes il a commonIy used lechnique for
solving disputes. Therefore, Mr Abdallah expects that for companies
arbitration will raise because the procedure is faster than going to
court.
He noted: It seems that disputes handled under this method are
more and more increasing, despite of the economic crisis. It is because
various companies wish secret and quick resolution of disputes.
Arbitration has risen especially since the recession.
According to Mr Abdallah, with regard to arbitration between two
countries, in general, the biggest and more developed one wins the
case because at the beginning, when the rules were written, they were
favouring powerful countries.
He said: As we say in our country, arbitration is like a car, it is
fast but not safe. Countries are going to limit arbitration, especially
if the country is a party in a dispute. Actually some countries issued
a resolution forbidding arbitration in the contract when the govern-
ment is a party.