top of page

Search

65 items found for ""

Blog Posts (24)

  • DE HOYOS AVILES OPENS SECOND OFFICE IN THE STATE OF CHIHUAHUA, MEXICO

    Chihuahua, Chihuahua. April 2023. DE HOYOS AVILES announced today the opening of its new office in the City of Chihuahua, the State of Chihuahua’s capital. With a population exceeding 3 million, Chihuahua is the country’s top manufacturing exporter state in Mexico, the fifth-ranked city in export manufacturing employment, and a top 5 worldwide location for investment from the aerospace industry. Chihuahua City is also home to some of the country’s main mining and agro-industrial companies. The office will be headed by Luis Armendariz. Luis earned his Law Degree from Tecnologico de Monterrey (Monterrey Campus) in 1998, his master’s degree (LL.M) from Northwestern University’s Pritzker School of Law (2006) and a Degree in Business Administration from Kellogg School of Management (2006). He worked at top-level law firms in Mexico, and then was a foreign associate at the Phoenix Office of Bryan Cave (now Bryan Cave Leighton Paisner) from 2006 to 2009. Since then, he’s focused his private practice in Business Law, Cross-Border Transactions, External General Counsel Services and Compliance across different industries such as real estate, mining, manufacturing, agro-industry and alcohol & beverage. Having lived, studied and worked on both sides of the U.S.-Mexico border, he is a bicultural professional fully fluent in English. With a recognized trajectory, Luis Armendariz represents U.S. and Canadian companies doing business in Mexico. Therefore, his team is a proper fit in De Hoyos Avilés position, as the go-to team of lawyers for companies and projects throughout the U.S.-Mexico border. Jorge E. de Hoyos-Walther, De Hoyos Avilés’ managing partner, commented: “We are very pleased with the addition of Luis Armendariz to the team. Chihuahua is the largest state in the country. With this new office, in addition to our office in Ciudad Juárez headed by Ivonne Aguilera, we will cover the entire state quickly and efficiently. We also consolidate our leadership along the USA-Mexico border, as well as Central and Western Mexico.” Luis Armendariz, the firm’s new partner and director of the Chihuahua City office, said: “I am very fortunate to join such a high caliber team, which also happens to have a rapidly growing and sophisticated corporate practice group. De Hoyos Avilés offices throughout Mexico and the firm’s calling to serve clients from the North American Region make it a perfect fit for me and my team and will enable us to serve our clients better.” De Hoyos Avilés’ new office will be its tenth in the country, strengthening its presence throughout the country and increasing its coverage in North Mexico. “De Hoyos Avilés broad platform, lean-staffed offices and expertise in cross-border business allows our team to better address our client needs,” said Armendariz. “We also share the same values in terms of focusing on building long-term relationships with clients through high-quality work coupled with a responsive and personal approach.” About DE HOYOS AVILES DHA was founded in 1964 in Monterrey, State of Nuevo León, by Gustavo de Hoyos-Guevara. The firm has almost 60 years of experience in Complex Litigation, Business Law, M&A, Commercial and Real Estate transactions. With offices in Mexico City, Guadalajara, Tijuana, Mexicali, Los Cabos, San Luis R.C., Reynosa, Matamoros, Ciudad Juárez and now in Chihuahua, the firm consolidates its team and nationwide coverage in the country’s most important cities. From any of such cities and having a wide network of local correspondents in the country, De Hoyos Avilés can serve its clients anywhere in Mexico. Membership in the Nextlaw Referral Network provides De Hoyos Avilés with unprecedented global reach, including leading capabilities in 205 countries. The firm has access to top lawyers in any practice, industry or sector, anywhere in the world, enabling the firm to provide its clients with the best local and global services possible. The Nextlaw Referral Network makes us truly ‘in and of the community’.

  • WHAT TO DO IF YOU HAVE BEEN SUED IN MEXICO

    If you are sued in Mexico, it is important to take quick and effective measures to protect your legal interests. In this article, we will explore the steps you should follow and how you can ensure that your legal rights are defended, and your obligations are respected. Foremost, you should know that unlike the United States or other countries, Mexican procedural laws are very strict, and that you can lose a case by a mere formality. So, it is significant that you meet all deadlines and procedural obligations. Secondly, you should carefully read the complaint that has been filed against you and determine the specific charges or claims that are being brought. This will help you understand the basis of the complaint and the extent of your responsibilities. It is also important that you immediately contact an experienced attorney for legal advice. Now, it must be considered that not all lawyers are appropriate for all matters, nor are all matters right for all lawyers. Depending on the size or type of case, a large or small firm may be a better or worse option. In addition, unlike the United States or other countries, in Mexico, the areas of specialty are not well-defined since there are no obligatory certifications or mandatory bar memberships. Therefore, you must be careful in the selection of the lawyer that will represent you. Once you have consulted an attorney, you will need to respond to the complaint within the time frame established by law. The time frame may vary, depending on the state or venue, but it is usually a short period, it can be 5 to 9 days. Your response can be a denial of the claims, or a partial or total admission. It is important that your response be clear, precise, and presented within the time frame the court has determined. This is a critical issue because in Mexican law, the judges cannot extend deadlines. If you do not respond on time, you will default, and most likely lose the case. In addition to responding to the complaint, you may need to provide relevant documents and evidence to the case. This can include financial records, public deeds, legal documents, emails, and other materials that help support your legal defense. It is important that you gather this information and deliver it to your attorney as soon as possible, so they can present it to the judge and protect your interests. In Mexican law, there is no discovery. Therefore, all documents must be filed at the time of responding to the complaint; otherwise, you won’t be allowed to present the document afterward; however, there are some limited exceptions. Finally, it is important that you be prepared to attend court hearings and work closely with your attorney to present your case to the judge. This can include presenting legal arguments, presenting witnesses, and presenting documentary evidence. It is essential that you prepare adequately for these hearings and communicate with your attorney about any concerns you may have. In summary, if you are sued in Mexico, it is important to take quick and effective measures to protect your legal interests. You will need to: Carefully read the complaint. Consult an experienced attorney. In our firm we have a wide network of contacts, and we can help you choose the best lawyer, for the type of matter you have. Respond to the complaint within the established time frame. Provide relevant documents and evidence, and Be prepared to attend court hearings. By following these steps, you can increase your chances of success in the case and ensure that your legal rights and obligations are respected. If you need additional information, contact us. Email contacto@dha.mx or ignacio.ochoa@dha.mx

  • DE HOYOS AVILÉS obtains important victory in the Supreme Court of the Nation

    It is possible to seize assets of the Mexican Government The Supreme Court of Justice of the Nation authorizes the seizure of assets of the Mexican State. Summary of the facts: Our client is a people transport company. The Mexican Social Security Institute awarded him a contract to transport patients between various clinics and cities. With the passage of time, the IMSS stopped paying, accumulating a debt of almost ten million pesos. After several years of litigation and several appeals, a sentence was obtained condemning the IMSS to pay our client. But the payment never came. In the execution stage, our team requested the seizure of IMSS asset accounts to recover the debt. The judge denied the request for seizure based on article 4. of the Federal Code of Civil Procedures, which provides that "never" assets of the Mexican State may be seized. The refusal of the embargo was confirmed by an Appeal Court. Our team continued the battle with an appeal before a District Judge, who also denied the request. Finally, it was possible to take the case to the Supreme Court of Justice, claiming the unconstitutionality of article 4 of the Federal Code of Civil Procedures. The question presented before the Supreme Court of Justice was the following: Article 4 of the federal procedural law establishes that “never” may state assets be seized. Is this a total restriction? Is the right of access to justice violated with this restriction? Can the word "never" be interpreted in another way? The Court accepted our arguments, and making an advanced Constitutional interpretation, decreed that it is possible to seize assets of the Mexican State, in certain cases, even though the procedural law seems to say otherwise. The word "never" prohibiting the seizure of assets implies a violation of the litigants' right of access to justice. Therefore, the word "never" can have a different interpretation that allows the seizure of property, as long as it is not the property that the State uses to provide public services. What are the implications of this sentence? This criterion of the Supreme Court sets a significant precedent. In the past, providers of Mexican State agencies have had a great challenge to enforce contracts when the State fails. Even with a payment judgment in favor, the collection process was complicated, since the State delayed and evaded payment, knowing that their assets could not be seized. This precedent will allow the plaintiffs to proceed with the seizure immediately once they obtain a payment judgment against the State. Our litigation team in this case was made up of Jorge E. de Hoyos Walther, who led the case before the Supreme Court of Justice of the Nation, and Ignacio Avilés and Jaleyna de la Peña who were responsible for the long litigation to obtain the payment sentence. The full judgment was published on March 3, 2023, and can be found under file number 31298, file A.R. 144/2021.

View All

Other Pages (41)

  • Jorge de Hoyos Walther | De Hoyos Avilés | Lawyer

    Jorge E. de Hoyos Walther Call VCard Email LinkedIn PERSONAL WEBSITE Practice Areas Cross Border litigation International dispute resolutions. Complex litigation Civil and commercial litigation Class actions Enforcement of international arbitration awards and Court orders. Complex Real estate transactions Expert witness on Mexican Law. High-Stakes Appeals Petitions & Briefs in Mexico Supreme Courts Membership USA Mexico Bar Association and Chairman of the Board of such Bar. (2016-2018). DRI . Lawyers representing business. (2019- Present), and Mexico Chair of the International Sections of this Bar. Federation of Defense & Corporate Counsel ANADE (Mexican Association of Corporate Counsel) American Bar Association. Education Universidad Autónoma de Baja California. J.D. 1987 (Magna Cum Laude) Admitted on State and Federal Courts 1989. CETYS Universidad. LL. M 1993 “Institute of legal studies. Supreme Court of Justice. Mexico”. (1994). Post graduate certification in “Amparo law” by the Federal Judiciary Current position Managing Partner. Member of the Firm’s Executive Board. Chair of the international litigation practice group. Languages Spanish native speaker. English: Full professional working proficiency. ILR Level 4. Brazilan Portuguese: Limited Working Proficiency. ILR Level 2. Speaker engagements Speaker of multiple courses, congresses and conferences in Mexico and USA. Also, professor of “Amparo” law for 17 years. July 2021. Differences in Civil & Common Law Systems. Hispanic National Bar Association. Corporate Counsel Division. Webinar. February 2021. Alter Ego, Corporate Veal and Fraudulent Acts. A Binational Perspective. ANADE Binational Convention.

  • Law Firm | Mexico | De Hoyos y Aviles

    Mexico, any City, any Court, any Time. Local Knowledge. International Expertise. Connections in 200 countries. Home Advantage. Home Advantage. Mexico, any City, any Court, any Time. Local Knowledge. International Expertise. Connections in 200 countries. Lawyers who know Mexico INDUSTRIES Agriculture & Livestock Industry Read More > Automotive Industry Read More > Banking & Financial Industry Read More > Infrastructure & Construction Read More > Real Estate & Transactions Read More > IMMEX Companies Assembly Plants Read More > Fishing Industry Read More > Food industry & Supercenters Read More > Natural Resources Read More > Family Business Read More > Transportation Industry Read More > Business Immigration Read More > Open Now About De Hoyos y Avilés 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. ​ DE HOYOS Y AVILES is a Law Firm expert in Real Estate, Tax Advise, Litigation, Merge and Acquisitions, Lawyers, Commercial Arbitration Mexico and USA. With a team of Lawyers in Los Cabos, Ciudad de Mexico, Ciudad Juárez, Tijuana, Guadalajara, and Mexicali. 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 International Expertise Practice Areas Real Estate - Construction Probate - Family Law Practice Areas PRACTICE AREAS CORPORATE & BUSINESS LAW PRIVATE CLIENT PROBATE FAMILY LAW COMMERCIAL AGREEMENTS CONTRACTS REAL ESTATE CONSTRUCTION ADMINISTRATIVE LAW GOVERNMENTAL AFFAIRS Litigation - Industry Law LABOR BUSINESS IMMIGRATION White Collar - Investigations Bank Law - Creditor's Rights PUBLIC INFORMATION DATA PROTECTION LITIGATION INDUSTRY LAW BANK LAW CREDITOR'S RIGHTS WHITE COLLAR INVESTIGATIONS INTERNATIONAL EXPERTISE FRENCH DESK Our Law Firm represents Mexican people and companies doing business abroad, as well as Foreigners who invest or have business in Mexico. ​ The firm has a network of contacts and strategic alliances in the main cities of the United States, Canada, Asia and Europe. The foregoing allows our clients to have adequate advice in their international operations. CANADA DESK USA DESK LATIN AMERICA CONTACT FORM CONTACT DE HOYOS Y AVILÉS For any general inquiries, please fill in the following contact form: Name Email Subject Message Submit Thanks for submitting!

  • De Hoyos y Aviles | Law Firm | Why Us

    WHY US Our History More than 55 years of experience. Veteran Trial and transactions Lawyers Open Now Open Now Relationships Our Team is composed by accessible, engaged and responsive Lawyers. Open Now Open Now Clients Our diverse client base ranges from small and mid-size businesses to the largest multinational companies. Open Now Open Now Open Now Open Now FEES Our firm prides itself on not only its enthusiasm for alternative fee arrangements, but also its creativity in developing alternative fee arrangements that suit the needs of a specific client or matter Local knowledge We have not only national coverage, but boots on the ground on the most important cities in Mexico. We are locals in each city in which we have operations. Open Now Open Now Global service Open Now We are members of Nextlaw. Our global reach is of 200 Countries, 750 law firms, and 35,000 attorneys Open Now Open Now The biggest Mexican law firms, have Mexico City as the main center of operations, but not real national coverage. Our firm has created a model in the opposite direction. Our team in Mexico City, works in coordination with our local teams across the country. Open Now Polycentric model

View All
bottom of page