Complex Civil Litigation and Trial Law is the firm's calling card. DTS has one of the most successful dispute resolution practices in Puerto Rico. Our success rate is among the highest, despite handling some of the most challenging and legally complex cases. Our trial-oriented approach allows us to focus on trial strategy and themes from the beginning of the case. In our experience, while most cases settle before trial, a strong trial-based case development strategy often results in favorable settlements due to early pretrial victories and the impact on the adversary of knowing that the client is ready and willing to try the case successfully if a reasonable settlement is not possible. This approach requires significant senior-level participation from the earliest phases of the case and close coordination with the in-house team.

Our trial-oriented approach is possible because the Firm has a deep bench of senior trial lawyers and an uncommon commitment to training its young lawyers. Lawyers at DTS have continuously and habitually tried successfully to verdict or judgment cases in a wide variety of disciplines, businesses, industries and technologies.

DTS emphasizes excellence in every aspect of legal practice. This emphasis is demonstrated by the Firm's recruiting only the most talented attorneys in the island, providing continuing training of lawyers at its own expense, and requiring direct partner involvement to assure that our work product reflects the skill and judgment of our most experienced lawyers.

We have brought together a team of highly qualified attorneys and staff. Trusted and respected, this strong team is committed to helping our clients achieve the best possible outcome to their particular situation.

We are fully equipped to provide ethical, diligent counsel and legal representation to develop the strongest defense possible on behalf of our clients. Our highly qualified attorneys are fully prepared to go to trial and present the case to a judge or to a jury. Our attorneys have significant experience representing clients in a variety of cases.

The attorneys in our firm have tried federal and local cases (including bankruptcy), patent disputes, employment discrimination, construction contracts, title insurance coverage, surety bond issues, commercial contract disputes, dealership law disputes and maritime, environmental and securities matters.

Federal court trials often involve constitutional issues and class actions that have the ability to impact thousands of individuals, if not more. DTS has established a reputation for successfully litigating cases within the federal court system. With federal litigation as a cornerstone of the firm since its founding in 1984, DTS has a track record of having the right lawyers and the right resources to handle the complex legal, factual and cultural challenges that are present in interstate and international disputes. We often partner with stateside law firms that service our national clients to bring in sub specialized legal expertise to a given matter.

At DTS our emphasis is on trial law. We consider ourselves to be trial lawyers.  A trial lawyer is a litigator who actually goes to trial as opposed to other lawyers, who build their case as the case progresses and who seldom, if ever, go to trial. Our approach to litigation ensures our clients have the best strategy in place to ensure the best possible outcome at trial. Undoubtedly, many cases are indeed settled before trial because of the unique position we create by focusing on the trial strategy and not just merely litigation.

DTS’s litigation practice is focused on winning key motions, finding strategic opportunities to negotiate a settlement, compelling arbitration or winning at trial. We are also keenly aware of how important it is to contain and manage litigation costs, even in "bet-the-company" and "high stakes" cases.

Alternative Dispute Resolution ("ADR") is the process of resolving legal conflicts without going to trial. Our attorneys have extensive expertise in ADR methods. When handling a case, our lawyers routinely meet with the parties to promote settlement without incurring in the high cost of litigation. DTS has a history of resolving disputes through intensive negotiation, arbitration and mediation. Reaching a mutually acceptable mediation or arbitration can be highly advantageous. Among other things, the process is confidential, which often means that sensitive cases can be resolved without publicity.

Arbitration

A decision to arbitrate can be strategic, particularly in highly technical cases in which a judge or jury is not likely to understand the industry. In those situations it is sometimes beneficial to arbitrate before people who know the nuances, jargon and traditions of specific industries.

By selecting arbitration, a client can avoid the difficulty of educating a judge or a jury about particular business practices, process or system. As a result, we believe this substantially increases the chances that the decision will be made based on an understanding of the client's business instead of general legal principles which sometimes do not reflect the reality within which a company operates. Usually, the arbitrator is well-versed in the particular industry in which the dispute arises.

Mediation

Recognizing the benefits of mediation, courts, administrative agencies and clients are driving the growth and use of mediation. The overcrowded court system has prompted many judges to demand that parties mediate their disputes outside the courtroom. In fact, the local rules of the U.S. District Court in Puerto Rico specifically recognize court-mandated mediation. By the same token, sophisticated parties usually prefer to settle disputes sooner rather than later, with the least expense and the least disruption to their business.

While there are certain advocacy skills that lawyers use at the courthouse and in arbitration, these skills may not be nearly as effective in an informal mediation setting when the parties are trying to settle a dispute. In mediation, our lawyers skillfully tailor the presentation of the case and the rationale supporting settlement to maximize the opportunity for a favorable outcome for our client.

DTS lawyers can move easily between traditional litigation and ADR, matching our widely recognized courtroom capabilities with exceptional negotiation skills.  

The heart of DTS’s appellate practice is more than merely handling appeals. DTS’s appellate work includes much more than that. Trial judges, lawyers and clients know that when we are involved in litigation, we are always prepared to take the case to its ultimate consequences.

Skilled trial representation is only part of the equation. To ensure that our client's litigation needs are fully covered, it is important to think past the trial, before it even begins, to a likely appeal. By focusing on this critical and very distinct area of the law, our appellate practice is an essential component of our litigation strategy.

We handle the defense of our cases on appeal. Yet sometimes we have been asked to join a case after it has reached the appellate phase. In either situation, as appellate attorneys, we review and analyze the trial records and other documents; re-research and re-analyze the case law; draft persuasive briefs and advocate in appellate courts.

Because of the unique nature of appellate law, research is key. But, exceptional research, and analytical writing skills must come together to write concise and persuasive briefs, legal memoranda, and other documents. We have broad and practical knowledge of numerous substantive areas of law; familiarity with appellate practice; excellent interpersonal skills; and superior oral advocacy skills. We believe that is why we have the honor of having several leading cases to our credit. The Firm’s success record on appeal, like our trial record, is high.

Construction litigation is a foreseeable aspect in the relatively short life of large construction projects. DTS is prepared to litigate construction disputes in state and federal courts. Our strength is identifying and resolving disputes before litigation commences and then, after they arise, using alternative dispute resolution ("ADR") techniques such as mediation and arbitration. This method of dispute resolution fits our philosophy of resolving construction disputes in the most efficient, cost-effective, and well-organized manner possible, while working hard to preserve existing business relationships and, when possible, maintaining the project's critical path unaltered.

We recognize that construction related disputes significantly increase the cost of building projects. They also jeopardize important business relationships. DTS is committed to providing proactive legal advice and representation geared toward establishing and protecting the business relationships involved in large construction projects.

Our lawyers are familiar with all aspects of Puerto Rico construction law. From contract bidding, negotiation and preparation to surety issues and construction claims, to land permitting, to quality of workmanship and materials issues, we have the necessary skill and knowledge to protect our clients' interests.

In addition, we have significant experience handling claims for equitable adjustments, and payment and collection issues related to private and government building contracts in Puerto Rico.

We are committed to providing effective and efficient legal advice and counsel to owners, contractors, subcontractors, sureties, suppliers, designers and architects.

Because of our reputation in this field, our firm was chosen to write the Puerto Rico Construction Law section of the American Bar Association’s State-by-State Guide to Construction and Design Law.

Modern real estate practice requires lawyers experienced in the application of real estate, corporate, securities, partnership and tax law to complex business transactions involving the acquisition, ownership, financing and operation of commercial real estate. We strive to pursue an inter-disciplinary approach to sophisticated real estate transactions in order to offer our clients flexible and creative legal representation in dealing with difficult problems across a broad range of transactions in the commercial real estate industry on a cost-effective basis.

We have experience in government contracts as well as construction funding and dispute resolution. Also, we monitor the latest legal and market developments to assure the highest quality representation of our clients.

Our representation of institutional lenders includes restructuring and workouts of troubled real estate loans and the enforcement of lenders’ rights in delinquent loans. In our representation of owners and developers, we are regularly called upon to restructure and refinance borrowing entities, whether troubled or healthy, and to resolve disputes among partners or shareholders and between the entities and their creditors or investors.

One area that is always changing and thus presents legal practitioners with the challenge of keeping abreast is Puerto Rico's condominium laws. DTS has been in the forefront of court decisions related to disputes between developers, apartment owners, title insurance companies and others and its intervention in several leading cases has shaped the interpretation of the ever-changing statutes and regulations in this field.

DTS advises clients regularly on the applicability of Puerto Rico’s unique distributorship laws such as Act 75 of June 24, 1964 and Act 21 of December 5, 1990 commonly known as “Law 75” and its counterpart for Sales Representatives, known as “Law 21”, both of which laws protect dealers' and sales representatives' rights, prohibiting Principals from unilaterally modifying or terminating such agreements except for "just cause."

DTS is also able to provide its clients with a full range of advice in connection with their activities in Puerto Rico.

The workplace in the 21st century demands rigorous compliance with a wide array of state and federal employment laws and regulations. Committed to meeting the legal needs of employers DTS has earned a reputation for excellence and responsiveness. With decades of employment law experience, DTS is recognized as one of the leading firms in Puerto Rico in employment law. Our track record speaks for itself. In 40 years, we have lost only one case at the trial level in this segment of our practice, and it was very favorably settled on appeal.

We represent clients before state and federal courts, in arbitration, and before administrative agencies and other forums. We also assist clients in their efforts to avoid litigation, including counseling on every aspect of employment law. If an issue arises concerning the workplace, chances are that we have dealt with it.

In addition to traditional employment termination disputes under Puerto Rico's unique Employment Termination Statute or "Law 80" as it is commonly known, the firm has extensive experience in all aspects of employment litigation, including trial work in cases arising under Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Equal Pay Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act of 1990, the Family and Medical Leave Act of 1993, the Fair Labor Standards Act, the WARN Act and other federal and state laws regulating the workplace, including the representation of clients before administrative agencies. We also have extensive experience defending clients against breach of contract claims and the ever-growing list of employment tort claims.

Our labor and employment practice includes preventive counseling. We conduct comprehensive employment audits and RIF notebooks to expose problem areas before they become legal nightmares. Our management training seminars equip supervisors to handle tough workplace issues. Often, we are called upon to review employment policies and procedures manuals to ensure compliance with federal and state laws. Educating supervisors on employment issues and giving employees notice of company expectations results in very real cost savings, as well as intangible personnel benefits.

Throughout our history of providing legal services, DTS has been involved in many areas of the insurance industry and insurance companies are a core segment of its client roster.

The Firm represents and has broad experience involving specialty lines such as Title Insurance, Health Insurance, Casualty as well as Surety claims.

Title Insurance

In resolving title insurance issues and claims, our practice often takes us to engage in real estate litigation as well as advising clients on such issues as fraud, priority of interests, disputes regarding ownership, boundary lines, access, dower and other title matters. We also have additional expertise in the areas of construction disputes and litigation as well as bankruptcy litigation related to title insurance matters.

The firm's practice also extends to title insurance coverage. Our firm is one of only two firms in Puerto Rico to have had among its staff a former director of the Puerto Rico legal office of a national title insurance company, thus having developed a very solid experience in coverage and title matters.

Construction Surety Bonds

DTS has also has a solid background in Surety law. We bring an intense focus to our work, which some large-firm attorneys may lack. The breadth of our practice allows us to handle our clients’ matters in whatever shape they take and whatever practice areas are involved, including banking, bankruptcy, workouts, construction, employment, secured transactions, environmental matters, securities, tax, workers’ compensation, commercial litigation, collections, professional liability and virtually any other practice area that might be involved in a Surety matter. Because of our experience as construction lawyers, we are able to provide the unique merging of disciplines of insurance/surety law with construction law in order to properly and adequately defend surety bond claims.

Health Insurance

We have served major health insurance clients for many years with an impeccable record for all matters undertaken. Our firm has been able to recruit the litigation director of one of such clients who now provides advice and litigation expertise with other lawyers in the firm regarding all matters related to health insurance and health law in general.

DTS excels in providing counseling on a broad range of contract-related disputes respecting parties' expectations, rights and obligations arising out of agreements; and it is one of the cornerstones of our practice.

Contract disputes arise in an infinite number of contexts. Issues that frequently arise include interstate and international disputes regarding quality of goods ordered and timeliness of delivery, performance under license agreements, the interpretation of agreements regarding provision of complex services in, for example, regulated industries such as the Health Industry, and performance of agreements when a party has failed to hold up its end of a bargain.

Our Commerce Code often refers commercial disputes to the Puerto Rico Civil Code which entails a very rich codification of legal principles. Our firm's lawyers are experts in the treatment the Civil Code gives to specific disputes such as those stemming from purchase and sale agreements, implied or statutory warranties, leases, partnership agreements and general contract law. We are often consulted by stateside clients and law firms regarding the intricacies of Civil Code dispositions which may have a bearing on their or their client's contractual relationships in Puerto Rico.

Depending on the desired form of business, you may be required to register an entity at the Puerto Rico Department of State for your business to exist in legal form. The most common examples include corporations and limited liability companies, governed by the General Law of Corporations in Puerto Rico, as amended

United States taxpayers who reside in the United States may apply for tax exemption under Puerto Rico’s Individual Investors Act (Act 60).  If granted, these taxpayers are provided with a 100 percent exclusion from Puerto Rican income tax for all interest, dividends, and capital gains (to the extent such gains accrue after the person becomes a resident of Puerto Rico).

The United States has a worldwide income tax system. If a US citizen moves to another country such individual will still be liable for taxes to the federal government.  Usually, the only way out is to renounce US citizenship, typically undesirable for most. But a U.S. citizen does not have to renounce citizenship if such individual relocates to Puerto Rico. The subject still remains in the United States but, with few exceptions, does not pay US taxes on income. There’s no expatriation fee either.

Puerto Rico allows a U.S. citizen to avoid paying US taxes on income without giving up U.S. citizenship. Taxes are normally paid to the Government of Puerto Rico.  But the government may issue a tax exemption decree to provide a tax holiday now expiring on December 31, 2035 to bona fide investors.

There are many more tax incentives, including businesses that export services and commerce and businesses that operate in the film, tourism, and alternative energy industries.

DTS has advised many successful relocations on both the personal as well as on the business enterprise arenas.