Gerardo J. Cruz Ortiz

Adept at combining business acumen with practical litigation strategies, Gerardo J. Cruz Ortiz has an established track record of handling high-stakes disputes across the business landscape in Puerto Rico. An experienced trial lawyer, Gerardo excels in working closely with clients to define and pursue their desired litigation objectives aggressively whether it be through early pretrial motions, favorable settlement, trial, or arbitration. His record of success spans a wide range of commercial litigation matters affecting businesses in every industry, including breach of contract, corporate governance and fiduciary duty disputes, fraudulent transfer and avoidance litigation, and alter ego and veil piercing claims, in both federal and state courts. Prior to joining Estrella, LLC, Gerardo worked as a law clerk at the Puerto Rico Supreme Court and as an associate in the litigation practice group of another San Juan law firm.

Education

  • The George Washington University Law School, Washington, DC
    LL.M. in Business and Financial Law (2017)
  • Inter American University of Puerto Rico School of Law, San Juan, PR
    J.D., summa cum laude (2016)
  • University of Puerto Rico at Mayagüez, Mayagüez, PR
    B.A., summa cum laude, in Political Science and Economics (2013)

Professional Affiliations

  • Member, American Bar Association
  • Member, American Bankruptcy Institute
  • Member, Federal Bar Association
  • Member, The Federalist Society for Law and Public Policy Studies
  • Member, Puerto Rico Chamber of Commerce

Honors & Awards

  • Faculty Award for Distinguished Scholastic Performance
  • Award for Appellate Brief Writing
  • Award for Excellence in Legal Research and Writing

Publications

  • Preparing for a U.S. Residency Audit in Puerto Rico (in progress)
  • The Enforceability of Arbitration Clauses in Bankruptcy Proceedings, 55 Rev. Jur. UIPR ___ (2021)
  • The Insular Cases and the Broken Promise of Equal Citizenship: A Critique of U.S. Policy Toward Puerto Rico, 57 Rev. Der. P.R. 27 (2017-2018)

Speaking Engagements

  • Fundamentals of Indemnification, Exculpation, and D&O Liability Insurance, Inter American University of Puerto Rico School of Law (Nov. 2019)

Representative Experience

  • In re Tovmasyan, Misc. No. 21-353-RAM, 2021 WL 3737184 (D.P.R. Aug. 20, 2021) (successfully obtained order granting a Section 1782 application on behalf of 25 alleged victims of fraudulent foreign investment scheme seeking discovery from founder and former CEO of brokerage company for use in expected proceeding before High Court of England and Wales against brokerage company).
  • Asphaltos Trade, S.A. v. Bituven Puerto Rico, LLC, No. 18-1876-BJM (D.P.R. filed Nov. 15, 2018), dismissed per stipulation (D.P.R. Oct. 1, 2021) (complex breach of contract dispute and business tort lawsuit involving the sale of liquid asphalt).
  • Novus, Inc. et al. v. DDR del Sol LLC, S.E. et al., No. 20-1638-PAD (D.P.R. filed Nov. 13, 2020), dismissed per stipulation (D.P.R. July 29, 2021) (prosecuting lawsuit involving force majeure contractual provisions and other equitable defenses to contract performance in light of the COVID-19 government-mandated shutdown in the Commonwealth of Puerto Rico).
  • Rodríguez Quiñones v. Rodríguez Bonilla et al., No. MC2019-cv-00018 (307) (TPI, Mayagüez, Feb. 4, 2021) (granting summary judgment on state-law retaliation claim).
  • Fahed Íñigo v. Íñigo Fas, No. MZ2020-RF-00214 (302) (TPI, Mayagüez, June 14, 2020), cert. denied, KLCE2020-00651 (P.R. Ct. App. Aug. 11, 2020), cert. denied, CC-2020-0408 (P.R. Nov. 16, 2020) (upholding ex parte prejudgment attachment order against procedural due process clause challenge).
  • Wiscovitch-Rentas v. Liberty Mut. Ins. Co. et al. (In re Fiddler Gonzalez & Rodriguez, P.S.C.), 415 F. Supp. 3d 272 (D.P.R. 2019), appeal dismissed, 2020 WL 8919079 (1st Cir. Nov. 25, 2020) (motions to compel arbitration of creditor-derivative claims asserted against D&O defendants).