Mr. Méndez concentrates his practice in complex commercial litigation, particularly class actions and international arbitration. His areas of expertise include antitrust, intellectual property, financial institutions, government regulation, securities and telecommunication. He is the only Puerto Rico lawyer to have received a top ranking in Dispute Resolution from Chambers Global for twelve years in a row and one of only two Puerto Rico lawyers with a top ranking for Dispute Resolution in the 2018 Chambers Latin America Guide, where he has been top ranked since its inception and described as the Gold Standard for litigation. Mr. Méndez was also named Best Litigation Lawyer in Puerto Rico by Best Lawyers of America, who also lists him as Best Lawyers in International Arbitration. He has also been appointed arbitrator in international disputes, including as panel chairman.
Mr. Méndez is President of the Foundation of the Puerto Rico Supreme Court and a Trustee of The Supreme Court Historical Society. He also was the first Puerto Rican to preside the Foundation of the Federal Bar Association and to Chair its Fellows Program. He has organized and chaired conferences with Supreme Court Justices Stephen Breyer and Sonia Sotomayor, with First and Second Circuit Judges Juan Torruella and José Cabranes and organized various activities for the US District Court for the District of Puerto Rico, the Foundation of the Puerto Rico Supreme Court, The Supreme Court Historical Society and the Fellows Program of the Foundation of the Federal Bar Association, of which he is a Sustaining Life Fellow. He has taught antitrust, civil procedure and internet law at Puerto Rico law schools and been a frequent speaker at multiple conferences on a variety of legal topics.
Engagements:
- Multi-District-Litigation and Class Actions: Mr. Méndez is lead or co-lead counsel in multiple class and putative class actions including a multi-district litigation, in the areas of antitrust, toxic tort, Rico, securities, financial institutions and telecommunications.
- Méndez was the only Puerto Rico lawyer in the lead counsel team that prosecuted the first Multi-District Litigation in the U.S. District Court for the District of Puerto Rico, an antitrust class action that settled for $65 million.
- Antitrust Enforcement Actions and Investigations: Mr. Méndez has successfully represented clients in the banking, securities, soft-drink, supermarket, food distribution, gasoline and gas industries, among others, in civil and criminal antitrust investigations and actions before the Federal Trade Commission and the Antitrust Divisions of the United States and of the Puerto Rico Justice Departments, including obtaining the dismissal of the largest antitrust investigation and government enforcement action filed by the latter. He was also lead local counsel for the team that argued for and obtained the first determination by the Federal Trade Commission that food clubs are part of the Puerto Rico supermarket industry, establishing a precedent for mergers and acquisitions in the supermarket and food distribution business.
- Mergers and Acquisitions: Mr. Méndez has successfully represented clients before the Antitrust Division of the United States Department of Justice, The Federal Trade Commission, and the Antitrust Division of the Puerto Rico Justice Department, in obtaining approval of the most significant mergers in the Puerto Rico market in various industries, including food, telecommunication, energy, banking and financial services.
- Intellectual Property: Mr. Méndez is local Trademark Counsel for major international companies, representing his clients in administrative proceedings before the USPTO and the Puerto Rico Trademark Office. He has also successfully prosecuted some of the largest trademark and copyright infringement actions in Puerto Rico Federal District Court, including seizures of counterfeit products in the soft-drink, software, clothing and book publishing industries.
- Government Investigations: Mr. Méndez has regularly represented firm clients facing investigations by the Puerto Rico House of Representatives, the Senate of Puerto Rico, the Puerto Rico Department of Consumer Affairs, the Puerto Rico Office of Financial Institutions, the Public Service Commission and other government entities, in such varied industries as gasoline, gas, health, banking, food and agriculture, and has successfully argued against legislative initiatives affecting the firm’s clients, particularly as to proposed laws regulating price or profit margins, restricting product distribution or requiring clients to share facilities with competitors.
- Securities Claims in Civil, Criminal and Administrative Actions: Mr. Méndez represented a major financial institution in defending dozens of private claims and government enforcement action, as a result of the largest securities fraud scheme undertaken in Puerto Rico. He also represented the same client in ensuing investigations and enforcement actions by federal, state and industry regulators, including the Puerto Rico Commissioner of Financial Institutions and assisted the U.S. Attorney’s Office in its criminal action against a former client employee and in obtaining meaningful restitution for his victims. He has also represented all major broker-dealers in multiple regulatory and administrative proceedings before the Puerto Rico Commissioner of Financial Institutions, the Securities and Exchange Commission and FINRA and has been lead counsel in various key decisions by the the Federal District Court of Puerto Rico, the First Circuit Court of Appeals and the Puerto Rico Court of Appeals on securities claims brought under both Puerto Rico and Federal Securities Laws.
- Securities Arbitration: Mr. Méndez has regularly defended most of the broker dealers doing business in Puerto Rico from customer claims and employee claims filed before FINRA, including hundreds of cases that have arisen out of the recent fiscal and economic crisis in Puerto Rico.
- Financial Institutions: Mr. Méndez has successfully defended financial institutions, including obtaining the dismissal in state court of a $600 million class action claim involving publicly issued notes and the financial institutions’ role as trustee, and obtaining dismissals before the First Circuit Court of Appeals of various multimillion dollars claims under the Truth in Lending Act, the Trust Indenture Act, the Edge Act, Rico and Federal Reserve Board Regulations.
- International Arbitration: In addition to acting as an arbitrator, including as Panel Chairman in international arbitration disputes, Mr. Méndez has successfully represented various clients in multiple international disputes, including obtaining an unusual preliminary injunction effectively setting aside an exclusive multi-year contract and a multi-million dollar award for breach of contract.
Significant published cases:
César Calderón and Teresita Palerm Nevares a/k/a Tessie Calderón v. Banco Santander Puerto Rico, et al., Appeal No. 12-2128, before the United States Court of Appeals for the First Circuit, 747 F 3d 1 (1st Cir. 2014).
César Calderón-Serra v. UBS Financial Services, Inc.; Appeal No. 11-2449, before the United States Court of Appeals for the First Circuit, 715 F 3d 14 (1st Cir. 2013).
Cartagena Enterprises v. Banco Popular de Puerto Rico, Civil No. 13-civ-4238(SAS), before the United States District Court, Southern District of New York.
Ceci Montilla Rojo v. Popular, Inc., et als, Civil No. 11-cv-1050 (JAG), before the United States District Court for the District of Puerto Rico.
Reynaldo Almeyda Santiago v. Banco Popular de Puerto Rico, Civil No. KPE 2010-4009 (503), before the Commonwealth of Puerto Rico Court of First Instance, San Juan Part, February 7, 2013.
Guillermo García Lamadrid and Benito del Cueto vs. Banco Popular, et al, Civil No. KAC 2010-1477, before the Commonwealth of Puerto Rico, Court of First Instance, San Juan Part, March 25, 2013.
Margaret W. Walsh, v. Popular, Inc., et al, Civil No. 09-cv-1552 (ADC), before the United States District Court for the District of Puerto Rico, 839 F. Supp. 2d 476 (2012).
César Calderón vs. Banco Popular de Puerto Rico, Civil No. 10-cv-1905 (DRD), before the United States District Court for the District of Puerto Rico, 2011 WL 5335395, (D.P.R. 2011).
In re Puerto Rican Cabotage Antitrust Litigation, MDL 1960 (the “Class Action”), 815 F. Supp. 2d 448 (D.P.R. 2011).
Russell Hoff v. Popular, Inc., R. Carrión, Civil No. 09-cv-1428, before the United States District Court for the District of Puerto Rico, 727 F. Supp. 2d 77 (2010).
Citibank Global Markets, Inc. v. Rodríguez Santana, 573 F.3d 17, 2009 WL 2100215 (1st Cir. 2009).
Santos-Rodríguez v. Doral Mortg. Corp., 485 F. 3d 12, (1st Cir. 2007).
Ticket Center, Inc.; Ticket Plaza, Inc.; d/b/a/ Ticket Center v. Banco Popular de Puerto Rico d/b/a/ Ticketpop; Popular, Inc., Civil No. 04-cv-2062 (GAG) (BMJ) United States District Court for the District of Puerto Rico, November 6, 2008, 441 F. Supp. 2d 354 (D.P.R. 2006).
Arroyo-Melecio v. Puerto Rican American Ins. Co., 398 F.3d 56, (1st Cir. 2005).
Eastern Food Services, Inc. v. Pontifical Catholic University Services Ass’n, Inc., 357 F.3d 1, (1st Cir. 2004) 2004-1 Trade Cases P 74,255, 184 Ed. Law Rep. 727.
Fresenius Medical Care Cardiovascular Resources, Inc. v. Puerto Rico and Caribbean Cardiovascular Center Corp., 322 F.3d 56, (1st Cir. 2003).
Cooperativa de Ahorro y Crédito Aguada v. Kidder, Peabody & Co., 129 F.3d 222, (1st Cir. 1997), Fed. Sec. L. Rep. P 99,564.
Cooperativa de Ahorro y Crédito Aguada v. Kidder, Peabody & Co., 993 F.2d 269, (1st Cir. 1993) Fed. Sec. L. Rep. P 97, 453, 25 Fed.R.Serv.3d 982, 37 Fed. R. Evid. Serv. 904.
Puerto Rico Dept. of Consumer Affairs v. Isla Petroleum Corp., 485 U.S. 495, (1988), 108 S. Ct. 1350, 99 L.Ed.2d 582, Energy Mgt. P 26,600.
Isla Petroleum Corp. V. Puerto Rico Dept. of Consumer Affairs, 811 F. 2d 1151 (Em. App. 1986), cert granted, 484 U.S. 814, 108 S. Ct. 65, 98 L. Ed. 2d 29 (1987).
Isla Petroleum Corp. v. Department of Consumer Affairs, 640 F. Supp. 474 (D.P.R. 1986), vacated Tenoco Oil Co., Inc. v. Department of Consumer Affairs, 876 F.2d 1013 (1st Cir. 1989).
Ready Mix Concrete v. R. Arellano & Co., 110 D.P.R. 869 (1981).