PRACTICE AREAS

Corporate & Business

Avila & Martinez, PSC counsels companies and industries to add value to their businesses. The Firm encompasses a variety of interrelated practice areas, allowing us to provide our clients with integrated business and legal advice. While the partners focus their practices in one or more specialized areas, the natural overlap of these areas permit us to offer our clients consultation on general business matters in addition to specific areas required in today’s complex business world.

Avila & Martinez, PSC also advises clients on corporate control matters, organization of new business ventures, corporate acquisitions, spin-offs of subsidiaries and divisions to shareholders, executive compensation, and technology and trademark licensing.

Intellectual Property

Our Intellectual Property Practice protects the intellectual property rights of clients in entertainment, high technology, designer apparel and numerous other industries. We work with clients to develop comprehensive intellectual property protection programs, from the selection of marks and designs to registration and monitoring of protected properties to guard against infringement.

Antitrust & Trade Regulation

In addition to providing counsel in situations involving acquisitions, mergers and corporate operations, we take particular pride in developing effective compliance policies and procedures for our corporate clients.

Principal/Distributor Relationship

We represent principals and dealers in negotiating distribution agreements, in their continuing relationships with their distributors and manufacturers, and in the myriad of legal issues that affect any distribution business.

As a part of our distribution practice we routinely handle distribution-related litigation on behalf of both principals and distributors, including distribution termination litigation and antitrust litigation.

We are also experienced in preparing and negotiating international licensing, distribution and franchising agreements for our clients.

Employment & Labor

Prevention of claims and lawsuits is the most effective means of reducing legal costs and adding value. So, while we help to solve the countless employment-related problems that face all employers, we also spend significant time helping clients minimize the risk of litigation. We can help you:

Develop organizational change plans in response to the introduction of new technology, corporate restructuring, reengineering, downsizing and corporate expansion;
Understand the human resources implications of corporate sales, mergers and acquisitions;
Develop human resources policies and benefits plans;
Present matters before federal and state departments and agencies such as the Equal Employment Opportunity Commission, National Labor Relations Board and Departments of Labor and Human Resources;
Defend in federal and state courts, against employee litigation such as wrongful discharge, discrimination claims, defamation and invasion of privacy, torts and intentional infliction of emotional distress;
Develop appropriate contracts for independent contractors, temporary employees and probationary employees;
Train supervisors to manage more effectively and profitably;
Respond to union organizational activities and contract negotiations;
Negotiate collective bargaining agreements and arbitrations;
Address occupational safety and health matters, wage and hour compliance and workers' compensation issues

Environmental

Our business philosophy that emphasizes creative problem-solving, make our Environmental Practice well able to handle virtually any business-related environmental problem.

In particular, we assist public- and private-sector clients in avoiding environmental liability and regulatory conflicts through preventive counseling and management of environmental permit processes. This practice also challenges regulations, handles appeals of regulatory decisions, and represents clients in environmental litigation. We have substantial experience representing groups of defendants in multiparty environmental litigation.

We are particularly proficient in providing services relating to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund) and similar state statutes. We have worked at various sites across the island. Our clients include large corporations, small companies, and individuals.

In the course of our work we have assisted our clients in:

Optimizing the results of remedial investigations and feasibility studies;
Reducing the scope of proposed remedies through comments on proposed remedial action plans and negotiations over remedy implementation;
Negotiating and minimizing the risks associated with administrative orders and consent decrees;
Defending against government cost recovery claims and obtain forgiveness of past costs;
Defending against private cost recovery/contribution actions; and
Compelling the federal government to fulfill its remedial responsibilities under the law.

Commercial Litigation

We successfully advocate our clients' interests in a wide variety of commercial disputes, including product defense, pursuit or defense of indemnity claims, business torts, collections and general contract matters. Our combined thirty five years in the legal profession gives us the experience and talent to adequately represent our clients before a judge or jury.

We work closely with our clients at every stage of the process, from pre-litigation investigations through trials and any appeals, so that our efforts always focus on the clients' goals as they may evolve. We use cost-effective approaches to maximize efficiency and avoid redundancy. These include staffing a case with a small team of attorneys, the use of technology to control and manage documents, and coordinating tasks and responsibilities with our client.

Notarial

Notary Publics intervene in numerous transactions to attest not only as to the facts, but also as to the validity and legality of the acts and transactions that, according to law, must be executed before him, in his capacity as a guarantor of the legality of said acts and transactions.

Our office perform all notarial work related to real estate transactions, including, but not limited to, establishment of corporations and other entities, special partnerships to conduct real estate development activities; preparation of deeds of purchase and sale, mortgage, constitution of condominiums, easements and trusts; all types of loan agreements and other financing documents, guarantees and letters of credit; and commercial and residential leases.

Public Affairs

Our Firm has actively engaged as advocate, on behalf of corporate and government clients, in lobbying efforts to benefit their economic health and vitality, protect their market share and improve their industries’ business climate.

Among other tasks, our Firm has:

Analyzed current legislative and anticipated new regulatory developments which could impact client roster.
Developed and deployed strategic action plans to address the effect of taxing or costly regulations or liability of competitive disadvantage; and recommended policy positions.
Drafted and submitted legislative bills and enlisted the assistance of key committee members to sponsor, introduce and generate support for measure throughout the legislative process.
Deposed in public hearings addressing public interest groups regarding proposed and new legislative bills.
Major Projects: Billboards and Highway Signage, Recycling materials in printing business; Consumer Protection (DACO), Auto regulation for Beverages and Liquors Industry, Funding proposal for public projects.