Alejandro J. García Carballo

Alejandro J. García Carballo is a member in the Litigation Department since 2022. He joined O’Neill & Borges in 2014. Mr. García Carballo concentrates in general civil and commercial litigation with emphasis on contractual disputes, insurance, class actions, and securities litigation and arbitration. As a litigator, he practices before both Federal and Commonwealth courts, at the trial and appellate levels, and administrative agencies. He has successfully briefed multiple cases before the First Circuit Court of Appeals and the Puerto Rico Supreme Court.

He also represents broker-dealers in numerous FINRA arbitrations and mediations related to the purchase of Puerto Rico securities. Additionally, he counsels clients in the merchant community, assisting large retailers with DACO regulations and consumer complaints.

Mr. García Carballo was part of the team that defended National Western Life Insurance Company in a multi-million dollar suit to invalidate a series of annuity contracts due to alleged errors and omissions in the execution process. The Court of Appeals for the First Circuit issued an important decision delineating the scope of the indispensable party analysis under the Federal Rules of Procedure. See, Maldonado-Vinas v. Nat’l W. Life Ins. Co., 862 F.3d 118, 119 (1st Cir. 2017).

Mr. García Carballo also helped secure injunctive and declaratory relief on behalf of TLS Management and Marketing Services, LLC, a company that provides tax saving strategies, against a former employee that absconded with confidential and proprietary information. The case resulted in important opinions regarding the standards for a preliminary injunction and spoliation of electronic evidence. The District Court also provided valuable insight into the scope of the federal Wiretap and Stored Communications Acts. See, TLS Mgmt. v. Rodríguez-Toledo, 2017 WL 3242244 (D.P.R. July 28, 2017); TLS Mgmt. v. Rodríguez-Toledo, 2017 WL 1277641 (D.P.R. Mar. 30, 2017); TLS Mgmt. v. Rodríguez-Toledo, 2017 WL 1155743 (D.P.R. Mar. 27, 2017).

He was also part of the defense team that obtained the summary dismissal of a several complaints, including a class action, against UBS Financial Services of Puerto Rico, Inc. Those cases resulted in an opinion of the Puerto Rico Supreme Court crystallizing the Puerto Rico landscape regarding forum selection and choice of law clauses. The court held that to invalidate forum selection clauses, the parties must prove that the clause itself is the product of fraud, rather than the underlying contract. See, Bobé v. UBS Fin. Servs. Inc. of Puerto Rico, Inc., 2017 TSPR 67 (2017). And in Pérez v. UBS Fin. Servs. Inc, No. 15-3081 (GAG) (D.P.R. Sept. 29, 2016), the United States District Court for the District of Puerto Rico held that the same applies to choice of law and arbitration clauses.

He is the founder and Chair of JAM (Jóvenes Amigos del Museo de Arte de Puerto Rico), a non-profit organization that has raised hundreds of thousands of dollars for the Museum of Art of Puerto Rico. He is a member of the Columbia University Alumni Association of Puerto Rico.