News & Resources

Partner Nestor M. Mendez was part of the committee that organized the Hon. Sonia Sotomayor’s first visit to Puerto Rico after being sworn in as an Associate Justice of the United States Supreme Court, the first Latin American and third woman in our highest court. This visit was co-hosted by the Foundation of the Federal Bar Association (FFBA) and its Fellows Program, of which Néstor is a director and Life Fellow and by the Historical Society of the Supreme Court of Puerto Rico (HSSCPR).

Litigation Partner Jorge I. Peirats and Associate María Dolores Trelles recently obtained a preliminary injunction barring defendants from infringing client Puerto Rico Coffee Roasters LLC’s Café Yaucono and Café Rico trademarks in the United States. The preliminary injunction was issued by the Honorable Gustavo A. Gelpí, United States District Judge for the District of Puerto Rico in the case Puerto Rico Coffee Roasters, LLC et al v. Coffee Partners International Corp., Civil No.09-2243 (GAG).

Litigation Partner Oreste R. Ramos and Associate Maritere Colon recently represented the University of Puerto Rico and its President in a preliminary injunction proceeding brought by two students claiming that the University’s decision to declare a five day recess constituted an unconstitutional prior restraint of speech. After an evidentiary hearing held the day after the case was filed, the Court denied the preliminary injunction and dismissed the complaint with prejudice.

Partner Donald E. Hull was recently inducted as a Fellow of the American College of Mortgage Attorneys (ACMA). ACMA, founded in 1974, is comprised of a select group of attorneys in the United States and Canada who are experienced in lending transactions secured by real estate. ACMA’s Fellows include private practitioners, in-house counsel, government attorneys and members of the academic community. Fellowship in ACMA is by nomination only.

We are proud to announce that in its second edition and for a second year in a row, PMA received a top Band 1 ranking in the Corporate Commercial, Dispute Resolution (Litigation), and Real Estate practice areas by Chambers and Partners’ Latin America 2010. The publication referred to the Firm’s Corporate/Commercial practice group as “consistent across the board and with good overall strength with a range of transactional work and experience in M&A, MBOs, and financing and securities.” The litigation practice group is “renowned for a range of expertise that encompasses bankruptcy and securities litigation, constitutional law and antitrust work.” The Real Estate group was described as “a step above the rest.”

In the case of Florentino Rivera v. Centro Médico del Turabo, Inc. ____F.3d ____, 2009 WL 2343132 (1st Cir. 2009), the U.S. Court of Appeals for the First Circuit recently affirmed Chief Judge Fusté’s dismissal of a patient’s medical malpractice claims on the basis that the patient signed a mandatory forum selection clause by virtue of which he agreed to submit any claims as a result of the medical proceeding to the Puerto Rico Court of First Instance. In what is surely a ground-breaking decision, PMA Attorneys Heidi Rodriguez and Giselle López Soler, representing the defendant hospital, argued that the case law applicable to forum selection clauses is equally applicable in the health care industry and that the forum selection clause was valid and enforceable. The First Circuit upheld the District Court’s decision, holding that, in the absence of exceptional circumstances, when a patient and a health care provider agree on a forum selection clause the same is binding and enforceable. The appellate court also affirmed the dismissal of the claims by the patient’s wife (a non-signatory party) since her claims were contingent on the patient\’s and grounded on the same nucleus of facts. In an interesting twist of events, while the case was pending, the Patients’ Advocate adopted a regulation prohibiting forum selection clauses in this context contrary to a similar regulation adopted by the Puerto Rico Health Department. PMA Attorneys are also handling the regulatory challenge.

Oreste R. Ramos was elected Vice President and Janitza García was elected for a second term as Director of the Board of the Hon. Raymond L. Acosta Puerto Rico Chapter of the Federal Bar Association. Katherine González-Valentín will continue serving the Board as Immediate Past President.

PMA Special Counsel Katherine Gonzalez, who recently became the President of the Hon. Raymond L. Acosta Puerto Rico Chapter of the Federal Bar Association, introduced the Honorable Sonia Sotomayor during the inaugural session of the University of Puerto Rico Law School Chapter of the FBA held on April 30, 2009. In attendance were the Honorable Emmalind García of the Puerto Rico Court of Appeals, U.S. District Judge Honorable Gustavo A. Gelpí, Law School Dean Roberto Aponte, distinguished members of the law school faculty, and numerous students.

The PMA family grieves the loss and cherishes the memory of our partner, and above all, friend, Tcherine Andújar. Tcherine was a true giant in the Puerto Rico legal community. While a tax lawyer by training, specializing in the Employee Benefits and Executive Compensation areas, Tcherine’s practice spanned across all fields of commercial and civil law. A lawyer’s lawyer, no area of the law was foreign to him. He was a “think outside the box” professional, whose counsel was eagerly sought by clients and colleagues. Tcherine had an uncanny ability to befriend his clients and provide wise and practical advice. As one of six founding partners of the Firm and its first tax attorney, he is largely responsible for the Firm’s success, shepherding his practice group growth to one of the largest and most respected in Puerto Rico. An avid race car enthusiast and accomplished driver, Tcherine lived his life with the strength of the revving engine of his beloved racing Porsche. No one could ease the tension at a meeting like Tcherine; no one could tell a story or a joke like “el Maestro”, as the younger attorneys at the Firm dubbed him. Tcherine was a devoted son and brother, the proud father of Lucerito, Tatiana, and Mía and the loving husband of Jeanine Calderón. A standard-bearer of PMA’s core values, with a work ethic second to none, there will never be another Tcherine.

PMA represented Triple-S, the largest managed care company in Puerto Rico, serving approximately 1.3 million members, or about 30% of the island’s population, in the purchase and integration of certain managed care assets of La Cruz Azul de Puerto Rico, Inc., which closed on July 1, 2009. In addition, the Blue Cross Blue Shield Association also granted Triple-S the license for the Blue Cross brand in Puerto Rico and the Blue Cross Blue Shield brands in the U.S. Virgin Islands. As a result of this acquisition, Triple-S acquired the exclusive right to use the Blue Cross and Blue Shield names and marks throughout Puerto Rico and the U.S. Virgin Islands.