Bankruptcy, Insolvency & Restructuring:
The firm has a sophisticated bankruptcy, insolvency and restructuring practice, dealing with complex distressed financial situations, including workouts, reorganisations, acquisitions, chapter 11 bankruptcies and litigation. The firm currently acts as Puerto Rico counsel to the Financial Oversight and Management Board for Puerto Rico in all Title III of PROMESA proceedings. It also represents financial institutions, investments funds, secured and unsecured creditors, among others.
Commercial Lending & Banking:
O’Neill & Borges LLC represents US, European and Puerto Rico banks in a wide variety of financing transactions, including acquisition, asset based, real estate based and cash flow based loans, structured financings and workouts. It also assists Puerto Rico and non-Puerto Rico financial institutions with licensing and regulatory compliance matters.
Corporate & Public Finance:
The firm represents corporate and public issuers, underwriters, credit enhancers, mutual funds, venture capital funds, insititutional investors, investment companies and trustees in public offerings and private placements of municipal securities, corporate stocks and bonds, and other securities.
Distribution & Franchising:
The firm represents principals and major distributions in matters related to the Puerto Rico dealers and sales representatives protection laws (Acts 75 and 21), including the drafting and negotiation of contracts, arbitration and litigation. The firm also has experience in antitrust issues, and DACO regulations (contests and deceptive advertising rules, among others).
O’Neill & Borges has experience in key areas as utility and energy company regulatory compliance, power purchase agreements (utility and commercial scale), EPCs, finance, environmental permitting and development of renewable, alternate and oil and gas based energy projects.
The firm has an active environmental practice in areas such as environmental evaluation of business transactions, environmental due diligence, permitting and regulatory counselling, litigation, and environmental legislative and rulemaking matters.
Labour & Employment:
The firm is involved in all aspects of employment and labour relations. Its practice includes areas such as labour aspects of corporate acquisitions, mergers, closings and reorganisations; labour union issues; development of personnel manuals and policies; ERISA and COBRA matters; employment agreements; employment discrimination claims; wage and hour matters; employee compensation and benefits; wrongful discharge claims; and immigration, among other.
Legislative & Government Affairs:
The firm assists clients in a wide range of policy and government affairs matters, offering comprehensive understanding of the local public sector and regulatory and legislative advocacy services, including drafting, evaluation and monitoring of proposed laws and regulations, representation before government agencies in procurement procedures, RFPs, P3 projects and in rulings, opinion letters, tax incentives and government permits, authorizations and concessions.
O’Neill & Borges represents clients in all matters o civil commercial litigation, in the federal and Puerto Rico courts, before administrative agencies, and in arbitration and mediation proceedings. The firm also provides strategic and preventive counselling to its clients. The firm’s experience includes areas such as bankruptcy and creditor’s rights, trade regulation, antitrust, dealer protection laws, trademarks, intellectual property, false advertising, unfair competition, personal injury defense, construction, mass torts, class actions, health, insurance and environmental.
Mergers & Acquisitions:
The firm represents buyers and sellers in complex stock and asset transactions. The firm has been involved in major transactions in multiple industries, including pharmaceutical, retail, banking, telecommunications, financial, real estate, energy, health, hospitality and manufacturing. The firm advises clients in all aspects of an M&A transaction and provides local support to international law firms in multi-jurisdictional transactions.
O’Neill & Borges has been involved in many of the largest real estate transactions in Puerto Rico. The firm represents clients in the acquisition, financing, development and construction of real property for complex residential projects, shopping centers, hotels, office buildings, energy projects, warehouse, industrial and other commercial projects, as well as in leasing, purchase and sale and financing transactions. The firm also assists clients with zoning, land use and entitlement.
The tax practice group has expertise in all areas of Puerto Rico taxation, including income, sales, property, excise and municipal license taxes. It has ample experience in tax planning and structuring for Puerto Rico investments, operations, reorganizations, liquidations, and various other types of transactions. It is experienced negotiating tax incentives, tax grants, closing agreements, rulings on complex issues, qualification of pension plans, and in administrative procedures before the Treasury Department, PRIDCO, the Centre for the Collection of Municipal Revenues (CRIM) and municipalities. It also has extensive experience in litigation of tax issues.
Tourism & Hospitality Industry:
Represents developers, owners and operators of hotels. Has experience in all legal aspects of the tourism and hospitality industry, including environmental and land use permits, liquor licenses, casino licenses, time share licenses, financing, room tax issues, sales tax issues, labour and collective bargaining, tourism tax credits and tax exemption concessions.
Trademark & Intellectual Property:
The firm has experience with registration of marks, opposing registration applications, prosecuting or defending against claims of infringing uses, drafting of licensing agreements, advising clients regarding fair use and copyright infringement issues, and copyright infringement litigation.