LITIGATIONS
The cornerstone of our firm is our solid litigation team, a group of professionals who are experienced in winning landmark cases and producing significant results. We have also participated in matters involving jurisdiction in two or more countries.
We are courtroom lawyers, focused upon trials, appeals, arbitration, and advocacy in all forums. Not only that, but we have handled thousands of cases and appeared in hundreds of courtrooms across Mexico. Furthermore, we have a keen understanding of judges, arbitrators, and other decision makers.
All of our partners have between 15 and 50 years of actual litigation experience in matters ranging from administrative to real estate, labor, banking, insurance, cross-border, class action, civil and commercial law.
Business & Commercial Litigation
De Hoyos y Avilés has a long history of representing clients involved in commercial and banking disputes, such as litigation arising from all types of breach of contract, conflicts between creditors and the enforcement of arbitration awards.
We also have vast experience in litigation between shareholders, or shareholders’ disputes with corporate directors.
In real estate matters, we have litigated successfully on behalf of companies operating in the fields of energy, construction, real estate development, agriculture and fishing.
Apellate Practice
The appellate team at DE HOYOS Y AVILES brings superior expertise to every appeal.
We advise on all facets of appellate practice.
We also provide independent judgment on the likelihood of successful appeals of matters handled by other firms or in-house counsel.
Our team also has a vast experience drafting briefs and arguing appeals on behalf of parties.
Constitutional Appeal (Amparo), injunctive relief & Human Rights
The “amparo” is a legal tool derived from the Constitution, and is the procedural vehicle that allows for the Federal Judiciary to Review acts of administrative and Judicial Authorities, to keep them in check with the fundamental rights afforded under the Mexican Constitution and under International Human Rights Treaties that Mexico has ratified.
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DHA has extensive experience in handling constitutional appeals (amparo).
Amparo-related cases are among the most technical proceedings, with several jurisprudential findings altering or modifying the provisions of the Constitutional Appeal Law.
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DHA has successfully litigated numerous cases before the Mexican Supreme Court of Justice.
Cross-Border Litigation
Given our proximity to the United States and the increasingly-globalized market, experience and knowledge of legal matters beyond our borders has become indispensable.
Some individuals and businesses within certain geographic areas operate within a single area, seemingly without borders. In those areas, commercial transactions are often subject to a complex framework of legislation from two countries (most frequently, Mexico and the United States).
DHA has experience in litigating matters involving jurisdiction on both sides of the border, and we work frequently alongside U.S. law firms in creating multidisciplinary teams aimed at reaching a positive result for our clients.
DHA’s litigation team has participated successfully in proceedings to enforce foreign judgments and arbitral awards
Class Action
Our litigation team was actively involved in this topic, even before the law was adopted in 2011.
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Our practice group leader has lectured and published extensively on the subject, in addition to devoting numerous practice hours to class action cases.
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We have participated in collective procedures in environmental, banking and transport matters, for which we fully understand the problems that arise, both from the point of view of the consumer and the defendant.
Torts & Insurance Litigation
The litigation practice group has significant experience with cases involving insurance-related rights.
We have represented insurance companies and other businesses seeking judicial enforcement of an insurance contract.
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We are experienced in cases related to credit insurance, property deeds, fires, insurance for vessels and airplanes, and professional liability.
Arbitration
DHA is well-versed in alternative dispute resolution. We have represented Mexican and foreign companies in disputes subject to arbitration related to construction, agriculture, franchises and businesses.
Our practice group has expertise in litigating before Mexican federal courts in order to enforce or defend against arbitral awards.
Real Estate Litigation
For years, DHA has participated in resolving real property-related disputes, including those related to protecting or recovering possession or ownership of real property and easements.
We have also represented clients in litigation related to the granting of permits regarding zoning, land use and the environment.
In Mexico, many properties in developing areas are subject to the ejido (communal land) regime.
DHA has ample experience in litigating before the country’s agrarian courts and defending investors’ or landowners’ property rights.
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As regards construction contracts (either with the government or with private individuals), our team of litigators has intervened in numerous conflicts to resolve disputes arising from the enforcement of project-related contracts
Fiduciary Litigation
Within our banking practice, we have developed a sub-specialty in trust-related matters, and regularly advise banks or trustees. We are familiar with the problems related to setting up trusts, as well as the strict tax-related requirements.
Our attorneys have had the opportunity to participate in several litigation matters defending trust ownership.
Audit Litigation
Once litigation has started, it is impossible to predict the outcome with certainty.
There are many factors that converge at the time of sentencing.
Of course, the good performance of the lawyers in charge of the legal strategy plays a fundamental role in reducing the risk of any surprise.
But even with the best team of attorneys, the outcome may vary due to factors beyond the control of the parties.
Political, ideological or economic interests, whether at the local or federal level, sometimes end up being a weighty factor.
At DHA we offer an ongoing litigation audit service, so that the people or companies involved can measure their risk factors during the life of the resource.
The DHA team has worked in the past with large companies and Governments of the States of Mexico, in order to make a complete X-ray, either of individual matters, or of a massive litigation package.
The foregoing so that the client can measure the contingency represented by one or more of the disputes in which he is involved.
Foreclosure and Collection
Collecting on commercial obligations is often a complicated and strategic undertaking. Collateral may be subject to rapid dissipation.
Third parties, and guarantors, may have responsibilities that need to be pursued.
Historical transfers need to be examined for possible avoidance.
Possible counterclaims and affirmative defenses must be considered.
For decades, DHA has been providing these sophisticated services to its commercial lenders.
Our foreclosure and collection attorneys are comfortable in the debtor/creditor arena, are recognized by their peers as being leaders in this field, and represent some of the largest financial institutions and lenders who do business in Mexico.
Our attorneys represent clients in a wide variety of workouts, bankruptcies, foreclosures, debt sales and acquisitions, and claims litigation.
