Mexicali: +52 (686) 552.5555 | Tijuana: +52 (664) 686.4848 | Guadalajara: +52 (33) 3121.5110
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ABOUT US

DE HOYOS Y AVILÉS Is a Mexican Law Firm founded in 1964. All of its partners have an overall experience of at least twenty years working on commercial transactions and/or complex litigation cases. The Firm has the ability to respond immediately and provide its full attention to its client's legal necessities. The attorneys of DE HOYOS Y AVILES are experienced, knowledgeable, and skilled in their respective practice areas.  For its USA clients, the Firm fully understands the requirements and mandates of the Foreign Corrupt Practices Act (“FCPA”) and offers its clients the guarantee of complying with the FCPA.

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EXPERTISE

We strive to be very well balanced law firm, providing a broad range of services. We are leaders in each of the areas in which we practice. These include Complex Litigation, Appellate, Civil and Commercial Litigation, Cross Border Litigation, Corporate Law, Border Industry, Mergers and Acquisitions, Business & Financial Restructuring, Contracts and Commercial Agreements, Franchising and distribution, Real State, Banking Law & Finance, Lease Finance, Construction, Family Businesses, Trademarks, Labor & Employment, Immigration Law and Tax Law. Creative thinking, and a passion for practical solutions, inform all our work.

Learn About Our Practice

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OUR PEOPLE

All our partners have an overall experience of at least twenty years working on commercial transactions and/or complex litigation cases. Our team has the ability to respond immediately and provide its full attention to its client's legal necessities. The attorneys of DE HOYOS Y AVILES are experienced, knowledgeable, and skilled in their respective practice areas. Innovation is what drives them. We know there is no substitute for experience and context. It is no coincidence that so many of our lawyers are recognized by our clients and third parties as among the leaders in the fields in which they choose to practice.

Partners  Directory

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CASE STUDIES


Below are some case studies, each illustrating a particular legal issue faced by a client and the outcome achieved as a result of our representation of the client's interests.
Click on any case study heading for more information about that particular matter.

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OFFICES


DE HOYOS Y AVILES serves clients around Mexico but calls Baja California and Jalisco home. With offices strategically located in Mexicali, Tijuana and Guadalajara we meet the various legal needs of a diverse list of clients.

Expertise

Complex Litigation

At DE HOYOS Y AVILES one of our strongest assets is our litigation practice. We are confident in handling complex "Must-Win cases". We are proud of our track record and can assure our clients that we will reach a beneficial outcome to their case in the most efficient way possible. Our litigation group is strongly positioned to counsel and protect clients in today's challenging environment. Our team is ready to assist in any crisis, whether the adversary is a government regulator, a competitor, or a well-funded class action attorney.

Appellate

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.

Civil and Commercial Litigation

DE HOYOS Y AVILES has a long history representing and advising clients involved in a wide variety of general commercial disputes. We frequently handle matters for both plaintiffs and defendants involving alleged breaches of contract and the ever evolving category of business torts, such as fraud, breach of fiduciary duty, and claims for unfair competition.

Cross Border Litigation

Due to our proximity to the United States and an increasingly global business environment, our clients may require strategies and expertise that expand beyond the border. Our multifaceted international practice features a team of highly experienced trial lawyers, known for effectively litigating unusually complex matters and skillfully handling multiparty and multijurisdictional cases.

DE HOYOS Y AVILES has the substantial litigation experience to effectively represent our clients in the event of court action. We are also well qualified to advise our clients on how to avoid potential liability and exposure in planning matters.

Class Action

Recent modifications to the Mexican Legal Code have allowed class action cases to be conducted in Mexico. DE HOYOS Y AVILES is among the few firms who are prepared to represent clients in class action defense across diverse industries.

The cornerstone of our firm is our solid litigation team, a group of professionals with a high degree of education who are experienced in winning landmark cases and producing significant results. We have the structure, in-depth industry knowledge and perspective that give us the competitive advantage when representing class action cases.

Insurance Litigation

De Hoyos y Aviles Insurance and Reinsurance practice focuses on coverage and reinsurance litigation and arbitration as well as client counseling and negotiations for insurers and reinsurers in several lines of business including property and casualty, life, accident and health, management liability and financial guaranty.

Arbitration

The DE HOYOS Y AVILES practice deals in both domestic and international arbitrations. We represent both private parties and sovereign states in cross border disputes involving commercial contracts, joint ventures, power and infrastructure projects, insurance coverage, distribution agreements, investment disputes, patent and intellectual property license, joint development agreements and real estate.

Border Industry

For matters related to conducting operations along the Mexico and US border, DE HOYOS Y AVILES stands out among legal firms in the area. We are experts regarding counseling on customs matters, offering comprehensive legal advice for our unique border region, as well as in the approval and implementation of IMMEX or Maquila programs.

We help many foreign corporations reduce their manufacturing costs by establishing Maquiladoras in Mexico. Our services include incorporation of Mexican entity or subsidiary and obtaining all necessary permits, licenses and authorizations from government agencies.

Energy

The Energy industry is emerging with constant new developments and legislation. DE HOYOS Y AVILES represents clients in state and federal energy regulatory matters, in litigation, in major infrastructure and other complex transactions. We advise clients on an ongoing basis in connection with legislative developments and all aspects pertaining to this important sector.

Infrastructure

Our team at DE HOYOS Y AVILES advises on important infrastructure projects in every region of the country, including matters regarding development, financing, acquisition, restructuring and privatization.

Our scope of experience within the infrastructure sector includes structuring and financing with international commercial banks, participating from project inception up to its completion.

We work to provide our infrastructure clients with integrated counsel on all aspects of their most important business objectives.

Automotive

DE HOYOS Y AVILES represents automotive dealers throughout México, ranging from national brand franchises to private companies. With our experience in finance and business, our attorneys counsel clients on a range of legal issues that are a part of day-to-day operations.

Clients count on our firm to advise them on how to reduce liability, tackle disputes and negotiate agreements. If a dealer faces an extended lawsuit, we have the strength and capability to see it through and obtain results in our clients’ favor. Our lawyers also take proactive steps, by using litigation avoidance measures and providing regulatory compliance advice.

Agriculture

Agricultural businesses in Mexico face new challenges with each growing season. Rising insurance costs, financing, federal and state regulatory issues are just a few of the problems affecting clients and the industry as a whole. We counsel clients regarding these concerns so that they can focus on developing their products and getting them to market.

Banking Law and Finance

At DE HOYOS Y AVILES we know the relationship between financial institutions and business leaders requires expertise in multiple disciplines. Understanding the fundamentals of banking law and finance and implementing optimal practices are crucial to our clients’ benefit. We are able to offer focused consulting and assistance for planning and execution of several financial mechanisms, either as creditor or debtor. Our broad experience includes mercantile matters. We have an excellent reputation on debt recovery via judicial proceedings, offering consultancy to important national and international financial institutions. This experience makes it possible for us to capably defend our clients in conflicts with credit institutions.

Lease and Finance

DE HOYOS Y AVILES has a full service lease finance practice. Our attorneys have extensive experience representing lenders, equity participants, lessees, lessors, users, sellers, and purchasers in the lease financing of equipment and other capital assets of all types.

Business and Financial Restructuring

Businesses in distress need expert legal counsel to reorganize and obtain the best possible outcome. We have provided representation to clients in corporate restructurings, workouts, bankruptcy planning, negotiations, litigation, and distressed asset acquisitions. Our attorneys are skilled negotiators and litigators involved in all aspects of the financial restructuring process. We can effectively counsel clients on strategies to protect their rights and maximize their assets.

Labor and Employment

Our firm understands that a positive working atmosphere promotes a successful labor relationship where employees are committed to accomplishing their employer’s goals. At DE HOYOS Y AVILES we work with companies and employers in the application of strategies, policies, procedures and communications to meet with their business objectives, while encouraging employee productivity and loyalty.

Many employment disputes arise from a misunderstanding or ignorance of the complicated federal rules that govern employee and employer relationships. We proactively helps clients avoid costly disputes through on-site training programs, employee benefits program drafting and review, employee handbook preparation and review, periodic client briefings, and regular newsletters.

We offer consultancy to medium-sized businesses up to industries with thousands of employees. We have actively participated in important merging operations, closings, and relocations. Due to our successful intervention, many of our clients were able to avoid strike conflicts that would have put their companies in jeopardy.

Immigration Law

At DE HOYOS Y AVILES we are particularly skilled at obtaining approval and decisions on visas and the appropriate working permit applications for executives and foreign company personnel doing business in Mexico. We also represent them in the immigration procedures before Mexican government authorities.

Private Client

Our practice at DE HOYOS Y AVILES offers individuals an integrated full range of services for legal, financial, tax and investment counsel. In all areas our service is exceptional; our advice is independent, objective and solely motivated by our client’s needs.

We have an active domestic and international trusts and estates practice that includes the representation of individuals, families, privately owned companies and charitable organizations.

Drawing on the resources of lawyers from other practice groups who are dedicated to serving the unique needs of family businesses and charitable organizations, the firm also represents clients in matters relating to corporate, partnership, real estate and tax law and in litigation matters.

Probate

Probate litigation typically involves the challenge to the validity of a will or trust, the meaning and construction of a will or trust, the proper administration of a will or trust, creditor claims, the rights of surviving spouses, and determining what assets are included with the probate estate.

Our firm represents beneficiaries, personal representatives and creditors in all matters of probate litigation and probate administration in the probate courts. We handle probate litigation and other types of fiduciary litigation for clients nationwide for the following matters: Will Contests, Breach of Fiduciary Duty, Probate Fraud, Beneficiary Rights and Trust Litigation.

Family Law

DE HOYOS Y AVILES provides legal counsel for all aspects of Family Law services arising from of any family relationship. We have a strong reputation for providing practical, ethical and personal services and we understand the delicate nature of these issues. This requires a unique perception as well as providing a caring and supportive environment to work with our client to resolve their situation.

We render our services in an approachable and open manner. Our staff will explain the legal process step-by-step so that clients understand what is happening and why. Rest assured that our personnel members are bound by the most confidential and principled practices and we will handle each case with discretion and integrity.

Inheritance Law

Our Team has ample experience on legal issues arising from intestacy laws and the legal recourse provided by state civil codes in the event that an individual dies intestate. We can provide legal assistance and representation for individual clients residing out of state or out of the country, who seek resolution to inheritance matters, and impending issues related to wills or trusts.

In situations where there is the absence of a will and conflict arises, our lawyers at DE HOYOS Y AVILES can work efficiently and professionally to resolve such matters.

Contracts and Commercial Agreements

Our firm has vast experience negotiating, drafting and executing contracts and commercial agreements. This support is critical to our clients who depend on our counsel for their business activity.

Business entities looking for practical legal advice to best serve their needs can count on DE HOYOS Y AVILES to provide them with an extensive range of business transactions, including the sale or procurement of goods and services, and the formation of long-term strategic relationships, such as joint ventures and strategic alliances. Our legal counsel also includes developing distribution, license and supply agreements.

Franchising and distribution

DE HOYOS Y AVILES provides expert assistance to franchisors looking to grow and protect their business. Our experienced team offers representation to manufacturers and distributors of all sizes and stages of development in addressing their dealer network issues and related concerns. We help clients at every phase of the franchising and distribution process, from concept development to business launch and expansion.

Our services include drafting and implementation of sales and service agreements, policies, licensing and dealing with distribution issues, seeking to avoid disputes by anticipating and neutralizing issues before they surface.

Real State

At DE HOYOS Y AVILES our knowledge and experience executing all aspects of an acquisition enable us to fully represent our clients in real estate matters. We deal with negotiation of acquisition agreements, building and architectural agreements, leases, management agreements, resolution of title deficiencies, analysis of zoning, planning and land use issues.

Our ample experience is based on counsel and litigation regarding the purchase, sale, and lease of commercial, industrial, and residential real estate. The special conditions of land holdings on prohibited zones along the borders and shorelines demand counsel and an exact knowledge on the subject. We bring comprehensive knowledge when preparing options, rights of first refusal and removing land parcels from communal property control, commonly referred to as “Ejidos” in Mexico.

Corporate Transactions

Our corporate lawyers at DE HOYOS Y AVILES cover the full spectrum of transactions important to businesses in today's global marketplace. Companies turn to us to oversee their transactions because of our legal experience, knowledge of business trends, our industry insights and network of contacts. We have developed a broad vision of the challenges that confront business organizations and understand how to obtain creative and constructive solutions. Our firm assists companies in establishing and operating business entities of all sizes, from family-owned operations to large corporations.

Our seasoned attorneys possess vast working experience in corporate governance and consequently, they are equipped to offer counseling on the responsibilities of corporations, management and boards of directors.

Counseling senior management and boards of directors to achieve their business objectives within the framework of best practices and complying with legal and financial requirements is a specialty of our firm.

Mergers and Acquisitions

At DE HOYOS Y AVILES we have extensive experience representing both sellers and buyers of businesses, which allows us to bring efficiency, focus and a high degree of skill to the transaction process.

We will work with our clients to evaluate the risks and opportunities that each transaction presents, and strive to set our clients on the best path to a successful business venture.

Family Businesses

In Mexico the family businesses play a very important role in the private sector. Nevertheless, it is also worth noting that a substantial proportion of family businesses do not survive beyond the second or third generation.

Our goal is to help our clients achieve steady, consolidated growth that endures over time as well as support their business interests. We have experience in business reorganizations, planning of handover processes, formation of holding companies and foundations, etc. We provide a longstanding multidisciplinary service, offering specialist legal advice and consulting services for family businesses.

Trademarks

In an increasingly competitive commercial world, our attorneys at DE HOYOS Y AVILES recognize how important it is for clients to preserve their distinctive trade identity, the reputation of their business, and its goods and services.

We offer a full range of services to protect, preserve, and exploit trademarks, trade dress, and other indicia of origin. These services include drafting and negotiating trademark licenses; and transferring trademark rights.

Administrative Law

When facing a government agency or any enforcing body of law such as a tribunal, board or commission, you need a team of lawyers who understand the issues and risks and can work with government or challenge it.

At DE HOYOS Y AVILES we work with public agencies on behalf of our clients to resolve complicated legal matters. This role is something we take very seriously because what is often at stake is the business and livelihood of our clients.

Lawyers in administrative law and many other areas collaborate to evaluate the procedural and substantive issues of each case and find the best course of action. The administrative law attorney often works in a team that may include lawyers from other practice groups.

Government Law and Lobbying

When businesses and industries face government regulation it is important to count on experienced legal partners who know the system. Whether you're appearing before a public agency, requesting approvals we have attorneys to represent you.

Our first-hand experience appearing before governmental agencies allows us to provide clients with valuable insights into the government system.

Tax

Taxes are a complex and fundamental aspect of any business practice. Our services are both preventive and corrective, and our goal is to provide clients with viable solutions for their case. Through careful assessment and detail, we help clients avoid overpayment of tax obligations.

Dealing with controversies is part of our expertise. We have represented all types of taxpayers in federal, state and local administrative tax disputes before both the Hacienda Ministry and State and local departments of Finance.

Real State

At DE HOYOS Y AVILES our knowledge and experience executing all aspects of an acquisition enable us to fully represent our clients in real estate matters. We deal with negotiation of acquisition agreements, building and architectural agreements, leases, management agreements, resolution of title deficiencies, analysis of zoning, planning and land use issues.

Our ample experience is based on counsel and litigation regarding the purchase, sale, and lease of commercial, industrial, and residential real estate. The special conditions of land holdings on prohibited zones along the borders and shorelines demand counsel and an exact knowledge on the subject. We are fully competent to prepare options, rights of first refusal and removing land parcels from communal property control, commonly referred to as “Ejidos” in Mexico.

Construction

At DE HOYOS Y AVILES, our team is qualified to handle all aspects of construction transactions including structuring, preparing and negotiating of construction contracts, advising on labor and intellectual property related matters for construction contracts; advising on contract disputes, and resolving them by negotiation, mediation, arbitration and litigation.

For many years our lawyers have counseled the public and private sectors, construction firms, contractors, suppliers, architects and engineers. We have executed transactions, business operations, finance, employment and labor union negotiation, insurance, regulatory and environmental filings, arbitration, mediation and litigation. Clients involved in construction and engineering rely on our solid business experience and legal counsel to serve their needs.

Mexico Supreme Court made relevant decision regarding damages caused by Airlines

On the month of December 2011, the Supreme Court of Mexico ruled that the Aviation Law is unconstitutional, since the same limits in an unjustified manner the amount of the indemnification the passengers...
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Medical Malpractice. Important Mexico Supreme Court decision regarding Tort Law

On August 2012, the Supreme Court of Justice of the Nation decided that even when the patient gave his/her consent for the use of anesthesia, damages caused for the use of such substance create liability...
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New Rules on Immigration Law are published in the Federal Official Gazette

These rules come into force in 30 working days after September 28, 2012, and they rule a. Everything related to the formation and direction of the immigration policy of the Mexican State
b....
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New Anti-Money Laundering Law

The Federal Law for the Prevention and Identification of Operations with Resources of Illegal Origin is published in the Federal Official Gazette of October 17, 2012, (in force as from July 18, 2013) which...
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Reforms to the Federal Consumer Protection Law

An executive order amending Article 73-Quarter of the Federal Consumer Protection Law was published in the Federal Official Gazette on January 18, 2012 to become effective the following day. The...
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Government Actions Against "Miracle Products"

In connection with the recent amendments to the health regulations, the Federal Commission for the Protection Against HealthRisks ("Cofepris") has taken different actions against the sale, distribution...
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. Our Offices


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