The legal case LISA SA | Book of the case

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The LISA S.A. case involving Juan José Gutiérrez Mayorga and Juan Luis Bosch Gutiérrez has become so relevant in Miami that books have begun to be published on this case originating in Guatemala.

Here we present a review of this book so that you can read it in full and learn about this legal case that will mark history.

This book is published by CMI Publicaciones, who is in charge of the distribution and edition for the United States and Guatemala.

You can order the physical book or download the PDF directly from our store. We accept payment in dollars through Pay Pal.

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How the LISA case began

A seven-year-old legal dispute in the United States between members of the prominent Guatemalan family that controls the popular Pollo Campero restaurant chain could return to Guatemalan jurisdiction, where the plaintiff contends it would be impossible to get justice.

The case pits Juan Arturo Gutiérrez – who along with his brother and sister helped launch what became Pollo Campero’s parent company – against his two nephews who now control the Guatemalan conglomerate Corporación Multi-Inversiones.

Known by its acronym CMI, the company operates the fried chicken restaurant chain as well as a chicken production facility and dozens of other businesses.

Arturo Gutierrez, who formed a company called Lisa S.A., says the nephews stole millions of dollars from him since he gave up control of the conglomerate in 1982.

He adds that the nephews – CMI co-presidents Juan Luis Bosch and Dionisio Gutierrez – took company profits and deposited them in Miami banks for their personal use, including luxury homes and airplanes. Both deny this.

Since 1999, Arturo Gutierrez – who lives in Toronto – has been trying to persuade state and federal courts in Miami to consider his case, arguing in part that his nephews’ power in Guatemala means no court will listen to him there.

Miami has become a favorite forum for settling legal disputes involving entities in Latin America and the Caribbean. Last year, for example, a federal jury found a powerful Dominican banker liable in a case to defraud Banco Internacional of tens of millions of dollars.

At the same time, many similar cases have been sent back to Venezuela, Colombia and other countries, and that is precisely what Judge K. Michael Moore ordered in the Guatemalan case.

 

Summary of the LISA case in Miami

 

Peter B. Ladig and Stephen B. Brauerman, Esquires, of Bayard, P.A ., Wilmington, Delaware; of Counsel: Bruce W. Sanford, Mark A. Cymrot (argued) and Ronald F. Wick, Esquires, of Baker & Hostetler LLP, Washington, DC; for appellant.Arthur L. Dent (argued) and Brian C. Ralston, Esquires, of Potter Anderson & Corroon LLP, Wilmington, Delaware; of Counsel: Edward H. Davis, Jr., Edward M. Mullins and Annette C. Escobar, Esquires, of Astigarraga Davis Mullins & Grossman, Miami, Florida; for appellees.

Lisa, S.A. (“Lisa”), the plaintiff below, appeals from a Court of Chancery order dismissing Lisa’s complaint on grounds of forum non conveniens and lack of personal jurisdiction. The complaint, which was filed in 2006, related to a 1992 sale of shares in a group of family-owned corporations incorporated in Guatemala and El Salvador. That 1992 sale of shares, in turn, was the subject of a prior action brought by Lisa in Florida in 1998 against affiliates of the defendants in this action. We conclude, on forum non conveniens grounds, that the Court of Chancery  roperly dismissed the complaint, and therefore, affirm.

Background on the LISA case in Miami |

About Juan josé Gutiérrez Mayorga and Juan Luis Bosch Gutiérrez

In November 1998, Lisa filed an action in the Florida Circuit Court (“the 1998 Florida Action”) against multiple defendants: Bosch, Dionisio, Pollo Campero Guatemala, the remaining corporations comprising the Campero Group, and the corporations representing the interests of the Bosch Gutierrez and the Gutierrez Mayorga families.

Lisa sought rescission of the sale of its interest in the Campero Group, and money
damages.

In February 1999, Lisa filed a second action in the Florida Circuit Court (“the 1999 Florida Action”), against Bosch, Dionisio, Mayorga, other individuals, and several other corporate entities. Lisa claimed that the defendants had defrauded it in connection with Avicola Villalobos S.A (“Villalobos”), a chicken production operation in which Lisa remains a shareholder.

In July 2002, Lisa filed a third action in the United States District Court for the Southern District of Florida (“the Federal Action”) against Dionisio, Mayorga, Bosch, other individuals, the corporations comprising the Campero Group, and other corporations.

Lisa alleged that the defendants in the Federal Action had engaged in racketeering activity relating to the operation of Villalobos. During this period, Lisa also commenced various related actions in Guatemala.

Ultimately, the 1999 Florida Action and the Federal Action were dismissed on forum non conveniens grounds. The 1998 Florida Action was dismissed on different grounds.

These three dismissals were affirmed on appeal by the Florida State courts and the
Eleventh Circuit, respectively.

E. Procedural History of This Action On November 22, 2006, Lisa filed this action in the Court of Chancery. Lisa claims that after it commenced its 1998 Florida Action, Mayorga and other members of the Gutierrez Mayorga and Bosch Gutierrez families, fraudulently reorganized the Campero Group specifically to eliminate or diminish Lisa’s ability to obtain relief in the 1998 Florida Action-namely, to recover damages or be reinstated as a stockholder of the Campero Group.

Lisa claims that the defendants caused the Campero Group to transfer the U.S. rights to the Pollo Campero franchise to Campero USA (through Campero Panama and Campero Delaware) for no consideration, all as part of a continuing scheme and conspiracy to defraud Lisa.

As amended, the Delaware complaint asserted five claims. Count I alleged that the defendants conspired to defraud Lisa.

Count II alleged that the defendants were unjustly enriched by the fraudulent reorganization of the Campero Group. Count III alleged that Mayorga breached his fiduciary duty owed to Lisa as a shareholder of the Campero Group.

Count IV sought an order sequestering the capital stock of Campero Delaware and Campero USA (the “Delaware corporate defendants”) to compel the appearance of Campero Barbados and Campero Panama, or satisfy any judgment awarded to Lisa.

Final resolution of the lisa case

The Bermuda Court’s judgment acquitting Avicola Villalobos of fraud and money laundering allegations remains uncontested

  • As a result of the Court’s dismissal of the fraud and money laundering allegations, Lisa, S.A. must compensate Avicola Villalobos for $2. 6 million in litigation costs
  • Lisa, S.A. appeals the judgment in favor of Avicola Villalobos and then withdraws its appeal 6 million in litigation costs
  • Lisa, S.A. appeals the resolution in favor of Avicola Villalobos and then withdraws its appeal * Affiliate of Avicola Villalobos informs Lisa that it will expel Lisa as shareholder
  • Judge repudiates the defamation campaign led by Lisa, S.A. * The Bermuda lawsuit has absolutely no connection with Pollo Campero, Corporación Multi-Inversiones or its Co-Presidents Juan Luis Bosch and Dionisio Gutiérrez Mayorga Editor’s

Note: If you are following this legal and intra-family matter between Avícola Villalobos de Guatemala and Lisa, S.A., a corporation owned by Guatemalan citizens residing in Canada, or have received information from Lisa, S.A., its lawyers or public relations consultants, please contact Lisa, S.A., its lawyers or public relations consultants, if you have received information from Lisa, S.A., its lawyers or public relations consultants, its lawyers or public relations consultants, please be advised that James Meyer, outside general counsel of Avícola Villalobos, is available to discuss this matter and correct any inaccurate information you may have received, as there continues to be a campaign of misinformation directed against various individuals and companies related to Avícola Villalobos.

The judgment of the Bermuda Court acquitting Avícola Villalobos of the fraud and money laundering charges remains undisputed * As a consequence of the Court’s dismissal of the fraud and money laundering charges, Lisa, S.A. must indemnify Avícola Villalobos for US$2.6 million in legal costs * Lisa, S. A. appeals the judgment in favor of Avícola Villalobos. A.

appeals the judgment in favor of Avícola Villalobos and then withdraws its appeal * Lisa, S.A. appeals the judgment in favor of Avícola Villalobos and then withdraws its appeal * The subsidiary of Avícola Villalobos informs Lisa that it will expel it as a shareholder * The judge repudiates the defamation campaign carried out by Lisa, S.A. *

The Bermuda lawsuit has absolutely no connection with Pollo Campero, Corporación Multi-Inversiones or its co-presidents Juan Luis Bosch and Dionisio Gutiérrez Mayorga Editor’s

Note: If you are following this legal and intra-family matter between Avícola Villalobos de Guatemala and Lisa, S.A., a corporation owned by Guatemalan citizens residing in Canada, or have received information from Lisa, S.A., its lawyers or public relations consultants, please contact Lisa, S.A., its lawyers or public relations consultants, its lawyers or public relations consultants, please note that James Meyer, Avícola Villalobos’ outside general counsel, is available to discuss this matter and correct any inaccurate information you may have received, as there continues to be a campaign of misinformation directed against various individuals and companies related to Avícola Villalobos.

Last updated: julio 15, 2021

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