Diego Murgia-Díaz is a member of the firm. He joined PMA in 2010 and has over 16 years of experience successfully litigating and trying complex commercial disputes in state and federal courts and administrative agencies, and has significant experience in commercial arbitration proceedings, including multiple securities disputes.
Diego represents a diverse group of clients in a wide variety of matters, including business torts, breach of contracts, privacy and data protection, labor and employment disputes, foreclosures, collections, evictions, construction disputes, health and insurance law, permits disputes, property law, environmental law, telecommunications, copyright, trademark infringement and prosecution, consumer disputes, franchise and distribution, securities litigation and electronic discovery. In addition to representing clients in general commercial litigation matters, Diego regularly advises clients on the regulatory aspects of the Department of Consumer Affairs of Puerto Rico (DACO for its Spanish acronym) and represents them in adjudicative proceedings before the agency.
Diego has substantial experience counseling clients on compliance and regulatory matters under Puerto Rico and federal laws protecting the privacy of its customers, including drafting privacy policies, disclaimers and terms of use for webpages and other services, and compliance with local data breach statues. Diego also represents clients in all phases of administrative and civil litigation pertaining to privacy laws.
Diego has litigated and tried multiple cases involving requests for extraordinary remedies, and recently secured an injunction to stop an illegal strike by unionized employees and their union. In the areas of labor and employment law, Diego regularly represents employers in litigation and arbitration proceedings before the local and federal courts, and before administrative agencies, in connection with claims for all types of employment discrimination, sexual harassment, defamation, wrongful termination, collective bargaining disputes, strikes/picketing disputes, and wage and hour claims. Diego advises and represents clients in a broad range of matters impacting employment relations, including privacy rights, strategy and best practices on record keeping in anticipation of employment litigation, employment terminations and discipline, and covenants not to compete, among other matters.
Before joining PMA, Diego served as a Legal Advisor to the DACO Secretary and worked on multiple matters related to consumer privacy protection, including helping draft what eventually became Act No. 39 of January 24, 2012, known as the Notification of Privacy Policy Act. Prior to his tenure at DACO, Diego worked as an attorney for the Puerto Rico Department of Justice, General Litigation Division, litigating constitutional claims under the First, Fourth, Fifth and Fourteenth Amendment, as well as other civil matters before the state and federal courts.
Diego holds law degrees from Harvard Law School, the University of Barcelona and the University of Puerto Rico, and completed exchange studies in Law at the University of Chile and the University of Ottawa.
Engagements:
- Espinosa Lopez v. Triple S Salud, Inc., SJ2022CV04242, 2023 WL 9419448 (P.R. Ct. App. Dec. 13, 2023): dismissal of claims filed by heirs of former shareholder of Triple-S seeking to nullify the redemption of shares made by the company. The dismissal was affirmed by the Court of Appeals.
- Cebollero Santamaria v. Triple-S Salud, Inc., K AC2013-0217, 2023 WL 2025594 (P.R. Ct. App. 2023): dismissal on summary judgment of suit brought by heirs of former shareholder of Triple-S seeking to nullify the redemption of shares made by the company. The dismissal was affirmed by the Court of Appeals.
- Rivera-Marrero v. Banco Popular de Puerto Rico, 2023 WL 2744683 (D.P.R. 2023): part of the team, as local counsel for national firm, that secured the dismissal of a class action in federal court concerning a massive data breach.
- Secretario del Departamento del Trabajo y Recursos Humanos v. Dignity Meml., Inc., KLCE202200773, 2022 WL 7940269 (P.R. Ct. App. 2022): dismissal on appeal of wrongful discharge claim.
- Gadams v. Sabol, 2022 WL 1165109 (P.R. Ct. App. 2022): dismissal of a challenge to a construction project filed with the Permit Management Office. Also secured dismissal of a parallel case – Sabol v. Stratton, BY2018CV04700 – involving the same construction project.
- Betacourt-Colón v. UE Montehiedra Holding II LLC, SJ2022CV04252: dismissal of all claims under Tittle III of the Americans with Disabilities Act against shopping center.
- Empresas Stewart Cementerios v. Central General de Trabajadores, BY2021CV02312: injunction to stop an illegal strike by unionized cemetery employees and their union.
- Garrido Pérez v. Popular, Inc., SJ2021CV03190: summary judgment dismissing seven-figure claim for gender discrimination, sexual harassment, retaliation, and wrongful discharge.
- Olivella Zalduondo v. Triple-S Salud, Inc., K CD2010-3076, 2021 WL 1171151 (P.R. Ct. App. 2021): summary judgment dismissing suit brought by heirs of former shareholder of Triple-S seeking to nullify the redemption of shares made by the company. The dismissal was affirmed on appeal.
- Jessica Cosmetics International, Inc. v. Zen Spa Enterprises, Inc., TTAB Cancellation No. 92060934 (2020): dismissal of petition for cancellation of a 2009 registration for the mark ZEN SPA & Design, because the petitioner failed to prove genericness.
- Montilla López v. Triple-S Salud, Inc., K AC2011-1327, 2019 WL 13185140 (P.R. Ct. App. 2019): summary judgment dismissing suit brought by heirs of former shareholder of Triple-S seeking to nullify the redemption of shares made by the company. The dismissal was affirmed on appeal.
- Banco Popular de Puerto Rico v. All Engineering Services Corp., JCD2013-0524: summary judgment in favor of plaintiff in excess of $18.5 million.
- Banco Popular de Puerto Rico v. Midway Service Station, Inc., ISCI201300943: summary judgment in favor of plaintiff in excess of in $7.2 million.
- Municipality of Culebra v. The Special Communities Perpetual Trust, et al., NSCI200700809: dismissal on summary judgment of claims seeking over $4.6 million in compensatory damages for breach of contract, and subsequently obtained $1.6 million summary judgment on the Trust’s counterclaims for breach of contract.
- Justo L González-Trápaga v.Mayagüez Medical Center Dr. Ramón Emeterio Betances, Inc., et al., 2016 WL 1261056 (D.P.R. 2016): dismissal of claims under 42 U.S.C. § 1983 and 42 U.S.C. § 1395dd(d)(2)(A) seeking compensatory damages of $500,000.
- Other Published Cases:
Ortiz v. Funeraria Álvarez Meml., KLAN202200490, 2022 WL 4233632 (P.R. Ct. App. 2022).
Intl. Van Lines, Inc. v. Ad Practitioners, LLC, No. CV 20-1726 (PAD), 2021 WL 2772835 (D.P.R. 2021), appeal dismissed, No. 21-1622, 2021 WL 7084363 (1st Cir. 2021).
Banco Popular de Puerto Rico v. All Engineering Services Corp., KLCE201500083, 2015 WL 1303418 (P.R. Ct. App. 2015).
Ayala Carrillo v. Municipio de Culebra, 2014 WL 894404 (P.R. Ct. App. 2014).
Stewart v. Husqvarna Construction Products North America, Inc., 2012 WL 1590284 (D.P.R. 2012).
CRC Contractors, S.E. v. Gardan Development, Corp., et al., 2011 WL 1483742 (P.R. Ct. App. 2011).
APR Alarms, Corp. v. Treasure Point Corporation, 2011 WL 4020852 (P.R. Ct. App. 2011).