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Class actions

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Class actions

  1. 1. 1 Class Actions Law Firm of the Year De Hoyos y Aviles EUROPENORTHAMERICALATINAMERICAASIAAFRICAAUSTRALASIAOFFSHORE LAWYER MONTHLY LEGAL AWARDS 2016 MEXICO BACKGROUND OF CLASS ACTIONS IN MEXICO In April 2011 the Mexican Parliament approved a legislative package that regulates such actions. The amended laws are six: (1) Federal Code of Civil Proceedings; (2) Federal Civil Code; (3) Federal Law of Economic Competence; (4) Federal Law of Consumer’s Protection; (4) Organic Law of the Federal Judicial Power; (5) General Law of Ecological Equilibrium and Environmental Protection; and (6) Law of Protection to the User of Financial Services. On August 30th 2011, the Federal Official Gazette published this amendment to the federal law. The implications of these amendments to Mexican legal ordinances are of great relevance, to the extent that nowadays it is possible to legally sue companies (public or private) for damages caused to a “collectivity” and not only in an “individual” manner as was traditionally established in the legislation. This implies that judgments can have collective scopes to repair the damage caused, which would imply, for example, the performance of one or more actions or to refrain from performing them, the individual payment caused to the members of the affected group, the compulsory compliance with an agreement or the rescission of the same with its consequences. FIRM PROFILE DE HOYOS Y AVILES was founded in 1964, and has over fifty years of experience in dispute resolution, business law, cross border transactions and government relations. With offices in Mexico City, Guadalajara, Tijuana and Mexicali, we offer quick personalized service throughout Central and Northern Mexico to our clients. DHA adheres to anti-corruption standards in effect in Mexico and other countries. Our clients include Fortune 500 multinational companies, as well as Mexican publicly- and/or privately-held businesses. As a result, we are familiar with the needs and workings of both large corporations and Mexican small, medium and family-owned businesses. DHA LITIGATION PRACTICE GROUP 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. Since its formation as a litigation firm more than fifty years ago, DHA’s dispute resolution practice has handled hundreds of cases a year in various cities throughout Mexico. We have also participated in matters involving jurisdiction in two or more countries. 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. Our litigation team was actively involved in this topic, even before the law was adopted in 2011. CLASS ACTIONS LANDMARK CASES 2015-2016 Transport class action. On 2013, in the city of Ensenada which is located on the northeast of Mexico, an organization of consumers initiated a class action against a company of passengers’ transportation. DHA Law Firm was hired by the defendant to represent the company’s interests. After various years of litigation, in 2016 a federal judge dictated a judgment exonerating our clients. The plaintiffs appealed the judgment and the case is actually being reviewed by a federal court specialized in appellations. Bank class action. On 2016, a group of consumers initiated a class action against one of the biggest housing developing companies in Mexico, as well as against the bank institution that participated financing the construction and selling the development. Our firm was hired by the sued bank, for the effects of representing their interests in the class action trial. This trial is currently in the certification stage, in a district court on the city of Torreon, which is located on the northeast of Mexico Environmental class action. On 2010, the Deepwater horizon platform sank on the Gulf of Mexico due to an explosion causing the biggest oil spill in history, which led to serious environmental damages for Mexico and U.S.A. The platform was operated by British Petroleum. Our firm was hired to represent the interest of a group of fisherman of the Gulf of Mexico, in a class action against British Petroleum and their affiliated companies. In the beginning the district judge denied granting the certification needed for the type of lawsuit. Due to this event our firm prepared an appellation against the response of the judge which was resolved on our favor in 2016. In consequence, we obtained the certification of the class against British Petroleum and other companies. This litigation is in the initial stage. In this case DHA works associated with a law firm from San Francisco, California specialized in this mattersWebsite: www.dha.mx ABOUT JORGE E. DE HOYOS WALTHER • Partner and head of the litigation practice group at De Hoyos y Aviles S.C. • Specialty areas: Has litigated from the date of his admission (1989) up until present. Has broad experience in commercial and cross border litigation. • He has served as legal consultant to national and transnational corporations. • Admitted 1989. Estate and federal Courts. • Elected Chairman of the Board at U.S. Mexico Bar Association, for the term 2016-2018 Jorge E. de Hoyos Walther, our litigation practice group leader has lectured and published extensively on class actions and damages topics, in addition to devoting numerous practice hours to class action cases. He has participated as speaker of multiple courses, congresses and conferences in Mexico, all of them related with commercial and process law. Has also participated as an speaker of various courses organized in U.S.A MEMBERSHIPS • ABA. American Bar Association. (Litigation committee, International law committee, anticorruption committee). • US Mexico Bar Association • ANADE. National Association of Business Lawyers

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