Wilbert Luna Arellanes
Biography
Overview
Wilbert Luna Arellanes focuses on corporate law, anti-bribery and corruption, antitrust, data privacy, fintech, financial services regulation, technology, and advice to sovereigns.
Prior to joining the Firm, Wilbert worked at the Mexican Ministry of Finance, serving as national representative before international organizations like the Organization for Economic Cooperation and Development, as well as the Financial Action Task Force.
Wilbert has undertaken key pro bono work for the International Federation of Red Cross & Red Crescent Societies, as well as the United Nations Environment Programme.
Wilbert has been listed as a "Rising Star" by Euromoney's Expert Guide for both Antitrust and Competition in 2020, and Banking and Finance/Financial Services Regulation in 2022; as well as a "Key Lawyer" in Antitrust and Competition by The Legal 500 Latin America 2021. In this regard, he acquired experience collaborating at both the Mexican Competition Commission and the Administrative Council for Economic Defense, the Brazilian antitrust authority, where he was seconded.
Between 2022 and 2023, Wilbert was seconded to the Presidential Office of one of our clients, a Latin American country, assisting the President and his senior advisors on a range of legal reform and corporate matters. He has also been seconded to a Big Tech company, assisting on the drafting and negotiation of a variety of technology agreements.
Oxford
Experience
Representative transactions include:
Technology
- Participated in the drafting and negotiation of a multi-year cloud services agreement on behalf of our client, a Latin American country, which will enhance the provision of public services like health and education for ~6 million people (deal value: USD 300 million). This included drafting the national law that enabled the deal.
- Participated in the drafting and negotiation of different cloud services agreements for a total combined value of more than USD 364 million.
- Current coordinator of a team of two associates of the Mexico City office, and one associate from the Houston office, to serve as secondees to our client, a Big Tech company, assisting in a variety of contractual matters relating different jurisdictions of Latin America, including Brazil, such as drafting and negotiating non-disclosure agreements, cloud agreements with regulated financial entities, as well as vendor forms for business partners of our client to serve promptly their own customers.
Financial Services Regulatory
- Regular advisor on financial integrity compliance to one of the largest asset managers in the world.
- Current advisor on payments, cryptocurrencies, anti-money laundering, and data privacy, for one of the most important messaging platforms in the world.
- Advisor on the validity of different securities custody agreements, involving a number of jurisdictions, for the Mexican branch of a global systemically important bank.
- Successfully defending an American fintech company from fines of US$2 million, due to alleged anti-money laundering breaches.
- Represented Mexico as a delegate to the Plenary of the Financial Action Task Force, the global standard-setter for anti-money laundering and counter-financing of terrorism.**
- Represented Mexico as a delegate to the Working Party 10 of the Organization for Economic Cooperation and Development while drafting the Commentaries to the Common Reporting Standard (CRS), an international instrument aimed to tackle cross-border tax evasion.**
- Analyzed how the Mexican branch of one of the largest Spanish insurers could invest its technical reserves in securities traded in both Luxembourg and Switzerland.**
Sovereigns
- Currently counsels the Office of the President of a Latin American country regarding an ambitious legal reform program to foster the development of the nation's economy, on matters like corporate law, banking, fintech, Web3 activities, public-private partnerships, etc. This included reforming the country’s Commerce Code in order to foster economic development and foreign investment.
- Helped design the strategy for the interaction of an Eastern European country with the Financial Action Task Force.
- Performed as advisor of a Middle Eastern central bank on the country's financial regulatory reform.
- Advise to a development bank of the French Government on sovereign guarantees.
- Counselled an African central bank in preparation for country's mutual evaluation on anti-money laundering and counter-financing of terrorism.
- Being part of the successful defense team of a former President of Mexico on a US$50 million tort case before different US Federal Courts (including the Supreme Court of the United States).**
- Part of the two-people team that drafted a US$1.2 billion take-or-pay agreement in connection with oil, natural gas, and water on behalf of the Mexican State Oil Company.**
Antitrust/Competition
- Helped client to obtain the antitrust authorization to sell a 168-MW wind farm in the north of Mexico (deal value: US$250 million).
- Successfully advised a corporate group in a high-profile cartel investigation in the hydrocarbons sector in Mexico.
- Provided merger-control advice to a technology entity, quoted on the FTSE 250 Index, related to the purchase of an electronic-gaming company with operations in seven countries.**
- Advising one of the largest agricultural unions of Mexico, to initiate an investigation for abuse of dominant position in the seeds' distribution market.**
Regulatory & Compliance
- Advise on public procurement and anti-bribery and corruption to an oil and gas company, in connection with a Deferred-Prosecution Agreement executed with authorities from the United States of America.
- Advise on anti-corruption for a Japanese infrastructure developer, as well as for the Mexican branch of an American bank.
- Advised the Argentinian branch of one of the largest oil and gas companies in the world on which anti-bribery and corruption norms it had to comply with in order to operate in Mexico, with parties from both the United States and the United Kingdom.**
Data, Privacy & Cybersecurity
- Coordinated a team of four associates from the Miami, Houston, and São Paulo offices, to draft a multijurisdictional guidance for the processing of personal data pertaining to employees of one of the most important energy and commodities companies in the world.
- Advise on Mexican data protection to one of the most important messaging platforms in the world.
- Advise on personal data sharing between the entities of a corporate group that comprises a retail company and a bank.
- Advisor to large financial institutions on cybersecurity incidents from the legal standpoint.
** Some of the above representations were handled by Luna Arellanes prior to his joining White and Case, S.C.
Panelist, "International advances and issues recognizing the correlation between corruption and financial crimes." Invited to speak at the 2nd Interdisciplinary Corruption Research Forum, organized by the Interdisciplinary Corruption Research Network and the United Nations Office on Drugs and Crime. Sciences Po (Paris), June 2017.
Panelist, "Practicing International Law in Government." Invited to speak at Harvard Law School. Cambridge, MA, March 2016.
Panelist, "Specific KYC measures for financial inclusion." Invited by the World Bank and the Financial Action Task Force for Latin America to speak at the Workshop for Financial Inclusion and Anti-Money Laundering/Counter-Financing of Terrorism measures. Paraguay, November 2014.
Panelist, "Regulation of tiered banking accounts." Invited by the World Bank to speak at the Peer Learning Workshop on Development of Financial Inclusion Policy and Risk-Based Legal Regulators Frameworks. South Africa, July−August 2014.
Vicente Corta, Francisco García Naranjo, Teresa Fernández, and Wilbert Luna. "Banking Regulation, Mexico," Chambers and Partners, Editions 2021 and 2022.
Carlos Mainero and Wilbert Luna Arellanes, "Mexico's Anti-Money Laundering Guide," Editions 2019-2023, Thomson Reuters Regulatory Intelligence.
Featured as a prominent alumnus of the University of Oxford
"Rising Star," Euromoney's Expert Guide for Banking and Finance/Financial Services Regulation, 2022
"Key Lawyer" in Antitrust and Competition, The Legal 500 Latin America 2021
"Rising Star," Euromoney's Expert Guide for Antitrust and Competition 2020
Thesis with honors ("The procedure of reference to the OECD in terms of the Code of Liberalization of Capital Movements"). Harvard Law School, 2016
Chevening Scholarship. Foreign and Commonwealth Office of the United Kingdom, 2016
Fulbright Scholarship. US Department of State, 2015
Outstanding Performance Award. Mexican Ministry of Finance and Public Credit, 2009