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Arturo M. Aviles

Of Counsel | aaviles@smsm.com
Of Counsel | Austin, TX
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Arturo M. Aviles is a senior of counsel attorney and mediator in the Austin office of Segal McCambridge. He is an experienced counselor and litigator. He has represented a wide array of clients including employers, premises owners, service providers, security companies, insurers, insureds, suppliers, and manufacturers in a variety of civil litigation matters including personal injury, workers’ compensation, premises liability, labor and employment, aviation, security, commercial, and toxic tort.

Mr. Aviles has also served as mediator in a number of matters in Travis and Williamson County, Texas. He previously served as chair of the Austin Bar Association’s ADR section and is a frequent speaker on mediation, negotiation, and conflict resolution.

Mr. Aviles is the current Chair of the Hispanic Issues Section of the State Bar of Texas. He is fluent in Spanish. He has lived and studied abroad in El Salvador, Spain, Mexico, and Argentina. He also  maintains an active Pro Bono practice focused on human rights, immigration, and dispute resolution matters. Mr. Aviles resides in Austin, Texas, with his wife and twin boys.

Honors

  • State Bar of Texas Pro Bono College Member, 2015
  • Lawyers of Color's Hot List, Southwest Region, 2014

Professional & Civic Involvement

  • State Bar of Texas, Hispanic Issues Section, Chair (2016-present), Chair Elect (2015-2016), Secretary (2014- 2015)
  • Texas Association of Defense Counsel (TADC), Austin/Central Texas Vice President (2016-2017)
  • Austin Bar Association, Civil Litigation Section, Director (2012 - 2015)
  • Austin Bar Association, Alternative Dispute Resolution Section, Past Chair (2013-2014)
  • Austin Dispute Resolution Center, Board Member (2013-2016)
  • International Senior Lawyer’s Project (ISLP), Volunteer Attorney, Cajamarca, Peru (2013)
  • 2012 Austin Bar Association & AYLA Leadership Academy, Inaugural Class
  • American Gateways, Board of Directors (2008-2011); pro bono attorney
  • Better Business Bureau of Central and South Central Texas, Volunteer Mediator
  • Greater Austin Hispanic Chamber of Commerce
  • Hispanic Bar Association of Austin
  • Texas Mediator Credentialing Association, Credentialed Mediator

Representative Matters

  • Won workers’ compensation contested case hearing, successfully demonstrating that aviation services’ employee failed to timely notify employer of claim, thereby relieving Carrier of any and all liability. 
  • Obtained favorable settlement for employer in two former hospital employees’ suit alleging sexual harassment and whistleblower/retaliation claims in Travis County, Texas. 
  • Collaborated, pro bono, with the International Senior Lawyers Project and various interested NGOs on an investigation in Cajamarca, Peru, with the aim of determining whether a case could be brought under the US Alien Tort Statute for environmental and human rights violations associated with a gold mine. 
  • Obtained favorable decision for carrier on all disputed issues in workers’ compensation contested case hearing proving that aviation services’ employee’s compensable injury did not extend to include various alleged spine conditions including disc herniation.  Accordingly, Claimant’s alleged disability period was unsupported by the evidence.  Affirmed by Texas Appeals Panel following Claimant’s written appeal.
  • Obtained favorable settlement for janitorial services company following hospital employee’s personal injury lawsuit concerning a slip and fall at the facility.
  • Won workers’ compensation contested case hearing for carrier in which aviation services’ employee disputed the designated doctor’s findings of maximum medical improvement (“MMI”) and impairment rating (“IR”).  The hearing officer held that preponderance of the other medical evidence was not contrary to the designated doctor’s opinions.
  • Obtained EEOC dismissal of former employee’s sex/pregnancy discrimination charge against medical device manufacturer employer.
  • Won workers’ compensation contested case hearing for carrier successfully proving that aviation services’ employee’s compensable injury did not extend to include lumbar spondylolisthesis and three herniated disks.  Subsequently, applied for and obtained reimbursement for Carrier of a portion of previously paid income benefits from the Subsequent Injury Fund.
  • Obtained EEOC dismissal of former employee’s discrimination retaliation charge against Career Placement Agency/Consultant.
  • Won workers’ compensation contested case hearing, successfully proving aviation services employee’s injuries were not compensable, relieving the employer’s insurance carrier from liability and exposure for income and medical benefits.
  • Negotiated favorable result at mediation in spine injury/premises liability matter in Hidalgo Country, Texas, with an initial demand in excess of $750,000.
  • Obtained dismissal of employee’s personal injury suit against security contractor company for lack of subject matter jurisdiction in Collin County, Texas.
  • Obtained favorable result at mediation for Austin-area hi-tech company in sexual discrimination suit filed by former employee in Travis County, Texas.
  • Obtained favorable result at mediation for self-insured international pharmaceutical company sued in motor vehicle accident case involving a company employee and an injured adolescent plaintiff in Montgomery County, Texas.
  • Serves on two of the firm’s national coordinating counsel teams, developing and coordinating the defense of two large product manufacturers in toxic tort litigation across the country. As Texas litigation counsel for these clients, he manages their defense in over 1500 asbestos lawsuits pending statewide. 
  • Served as regional counsel for a shopping mall services company, a security services company, and an aviation services company.

Speaking Engagements

Texas Association of Defense Counsel Winter Meeting, "How to Defend Toxic Tort Litigation: Genetic Testing, the Future of Toxic Tort Litigation," (January 24, 2015).

State Bar of Texas, Hispanic Issues Section, General Practice Principles CLE, ADR Panel, “Effective Negotiation Tips, Tactics & Strategies,” (February, 28, 2013).

Austin Bar Association, Solo/Small Firm Section Half-Day Seminar panelist, "Negotiation Strategies and Practice Tips for Conflict Resolution" (February 23, 2012).

State Bar of Texas, Texas Minority Counsel Program (TMCP) panelist, "Negotiating Tips" (September 9, 2011).

Immigration Law and Employer Compliance: What Every Business Should Know to Protect Itself in the New Era of Enforcement Seminar, Austin, TX (December 11, 2008).

The Grayhawk Companies, Austin, TX, "Employer Immigration Compliance: The Form I-9, SSA No-Match Letters & E-Verify" (June 10, 2008).

The Grayhawk Companies, Plano, TX, "Employer Immigration Compliance Issues:  The Form I-9 & Social Security No-Match Letters" (March 27, 2008).

American Association of Legal Nurse Consultants, Austin, TX, "Asbestos and Texas Tort Reform Update" (February 19, 2005).

Author

"Employers Are the Target in the New Era of Immigration Enforcement," LegalBuild (Summer 2009).

"Supreme Court Review - Title VII Retaliation Claims, PDA Impact on Retirement Benefits, and Collectively Bargained Arbitration for Discrimination Claims," Segal McCambridge Singer & Mahoney's Employment Law Newsletter, Volume 4, Issue 1 (Fall 2008/Winter 2009).

"Immigration Law Update: Federal Court TRO Halts Implementation of New DHS Rule Regarding Constructive Knowledge of Unauthorized Workers," Segal McCambridge Singer & Mahoney's Employment Law Newsletter, Volume 2, Issue 3 (Fall 2007).

"Employment Eligibility Verification Systems Under the Recent Congressional Immigration Reform Bills," HR Fact Finder (November 2006).

"Employment Eligibility Verification Systems Under the Recent Congressional Immigration Reform Bills," Segal McCambridge Singer & Mahoney's Employment Law Newsletter, Volume 1, Issue 1 (Summer 2006)

Co-Author

"Supreme Court Update: Court Recognizes Additional Bases for Retaliation Claims, Rejects Age Discrimination Challenge for Retirement Plan," Segal McCambridge Singer & Mahoney's Employment Law Newsletter, Volume 3, Issue 3 (Summer 2008).

"Employment-At-Will: Has The Death Knell Officially Sounded?" Segal McCambridge Singer & Mahoney's Employment Law Newsletter, Volume 2, Issue 3 (Fall 2007), reprinted in HR Advisor (May/June 2008) and International HR Journal (Summer 2008).

"Supreme Court Update:  Decisions In Three Employment-Related Cases," Segal McCambridge Singer & Mahoney's Employment Law Newsletter," Volume 3, Issue 2 (Spring 2008).

"Supreme Court to Review Six Employment-Related Cases," Segal McCambridge Singer & Mahoney's Employment Law Newsletter, Volume 3, Issue 1 (Winter 2008).

"Multi-national and Multi-state Extraordinary Damages Survey," The International Association of Defense Counsel, Contributor/Author section on Texas (December 2006).

"Do Vehicle Lessees Qualify as Consumers Under the Magnuson-Moss Act?" Segal McCambridge Singer & Mahoney 2005 Lemon Law/Warranty Seminar Reference Materials CD (October 2005).

Education

University of Colorado at Boulder, B.A. (Political Science and Spanish), 1993

Southern Methodist University School of Law, J.D., 1996

University of Texas at Dallas, M.B.A., 2004

Approved 40-Hour Mediation Course (Tex. Civ. Prac. & Rem. §154.052), 2005

Advanced 30-Hour Family Mediation Course (Tex. Civ. Prac. & Rem. §154.052), 2013

Admissions

  • Texas, 1997
  • New York, 2008
  • Illinois, 2014
  • U.S. District Court, Eastern District of Texas
  • U.S. District Court, Northern District of Texas
  • U.S. District Court, Southern District of Texas
  • U.S. District Court, Western District of Texas

Languages

  • Spanish