Fleming has over 30 years of experience as a trial attorney and litigation lawyer in Puerto Rico advocating for organizations. He has a demonstrated successful background in commercial and employment disputes, in arbitration, court litigation and in trials. As a business & employment trial attorney and a litigation attorney, Fleming representing both plaintiffs and defendants in federal and state court as well as in arbitration (labor & commercial). Fleming handles disputes dealing with: breach of contracts, franchise agreements, agency & distribution, intellectual property, insurance coverage, personal injury, accidents, labor & employment land and commercial leases, collections, civil and general business litigation. See more of our insurance & personal injury practice here.
As a trial attorney in Puerto Rico, Fleming emphasizes the importance of being open and upfront with clients about factors that will impact the fees in litigation. Fleming is admitted to practice in Puerto Rico, New York, Texas, U.S. Supreme Court, U.S. Court of Appeals for the First Circuit, U.S. District Court for the District of Puerto Rico.
Fleming’s expertise extends to high-stakes corporate governance issues, navigating complex legal challenges for small businesses, non-profits, and closely held corporations. His comprehensive approach to corporate litigation includes handling shareholder disputes, executive compensation issues, and corporate compliance matters, ensuring that organizations operate within legal frameworks while pursuing their strategic goals. With a keen understanding of the Puerto Rican legal landscape, Fleming offers invaluable insights into local business laws and regulations, positioning him as a pivotal resource for businesses seeking to establish, expand, or protect their operations in this jurisdiction.
Fleming’s commitment to excellence is further evidenced by his proactive stance on risk management and preventative legal strategies, helping clients avoid litigation where possible and positioning them favorably when disputes arise. His experience in mediation and alternative dispute resolution offers clients cost-effective and confidential avenues to resolve conflicts, preserving business relationships and reputations. Fleming’s dedication to his clients’ success is matched by his commitment to staying abreast of the latest legal developments, leveraging his extensive network and resources to benefit his clientele.
Whether you are facing a complex commercial dispute, navigating employment law challenges, or seeking advice on corporate governance, Fleming’s depth of experience and personalized approach make him an ideal legal partner for businesses and organizations in Puerto Rico and beyond.
Specific litigation and representation experience includes:
- Secured Summary Judgment: Achieved a favorable summary judgment for a leading bank in Puerto Rico in a case involving age and wrongful discharge under both state and federal laws.
- Defended Major Healthcare Institution: Successfully defended a prominent hospital in Puerto Rico against age discrimination claims, securing a summary judgment based on state and federal legislation.
- Protected Retail Giant: Obtained summary judgments for a major food retailer in Puerto Rico in cases related to COBRA and age discrimination, adhering to state and federal guidelines.
- Labor Dispute Advisory: Advised a manufacturing entity on managing strike actions and picketing, ensuring successful defense against NLRB charges.
- Financial Misconduct Litigation: Secured a multi-million-dollar judgment for a financial institution against a board member implicated in embezzlement activities.
- Jurisdictional Victory: Overturned a U.S. District Court judgment against a foreign corporation in a breach of contract/collections case, citing jurisdictional arguments.
- Insurance Defense Strategy: Formulated and executed defense strategies for a major insurance firm in Age Discrimination in Employment Act cases.
- Reduction-in-Force Strategy: Developed and implemented reduction-in-force plans for a globally recognized cosmetics brand and an international plastics manufacturer.
- ERISA Claims Dismissal: Achieved federal court removal and subsequent dismissal of ERISA claims for a New York-based insurance company and a battery manufacturer/distributor.
- Union Repulsion: Successfully repelled unionization efforts in various industrial and service sector companies.
- Franchise Agreement Defense: Obtained dismissal of federal court injunctions and suits against a foreign corporation in franchise agreement disputes.
- High Net-Worth Family Counsel: Provided legal advice on multimillion-dollar asset disposition to affluent families and their corporations.
- Exequatur Proceedings Counsel: Advised foreign clients and their corporations on exequatur proceedings related to million-dollar judgments.
- Contractual Dispute Resolution: Represented foreign corporations in breach of contract claims, achieving successful outcomes.
- Entertainment Law Representation: Advised and represented talent management firms in contract negotiations and terminations, addressing broader entertainment law issues.
- Hospitality Industry Litigation: Represented a San Juan-based hotel in injunction filings, breach of lease, and operating agreement disputes.
- Financial Restructuring: Acted for clients in loan defaults and restructurings, navigating complex financial negotiations.
- Mass Tort Litigation Support: Contributed to the Dupont Fire Litigation through pleadings, depositions, and litigation support.
- Healthcare Tort Defense: Defended hospitals in numerous tort cases, achieving dismissals of malpractice claims.
- Commercial Legal Issues: Represented a hospital in diverse legal matters, including commercial condominium law and contract breaches.
- Retail Discrimination Defense: Dismissed multiple age discrimination lawsuits in federal and state courts for retail clients.
- ADEA and COBRA Litigation: Obtained summary judgment for a supermarket chain in federal court against ADEA and COBRA claims.
- Foreign Corporation Jurisdictional Relief: Secured jurisdictional relief for a foreign corporation and its president in federal court.
- Achieved Case Remand to State Court: Successfully obtained the remand of a lawsuit to state court, initially filed by a top executive of an investment firm and subsequently removed to federal court, ensuring jurisdictional appropriateness and strategic advantage.
- Non-Profit Legal Defense: Achieved dismissal of wrongful discharge and discrimination claims for a non-profit religious organization’s board.
- Medical Facility ADA Defense: Dismissed ADEA, ADA, and retaliation claims against a healthcare facility in federal court due to timeliness issues.
- Corporate Wage-Hour Investigation Defense: Advised and defended a Fortune 500 company during a Labor Department wage and hour investigation.
- Embezzlement Response Strategy: Coordinated criminal charge filings against an employee suspected of embezzlement, aligning with management and law enforcement.
- Sexual Discrimination Defense: Successfully defended a fast-food chain against multiple sexual discrimination claims.
- Fraud Investigation Coordination: Collaborated with federal agents in investigating a casino employee later charged with fraud.
- Immigration Practice Investigation: Represented a manufacturing firm in a U.S. Justice Department investigation into immigration-related practices.
- Church Board Legal Defense: Defended board members of a leading church in a wrongful discharge lawsuit.
- Department of Labor Retail Investigation: Defended a retailer in a comprehensive 30-store investigation by the Department of Labor.
- Publishing Company Discrimination Defense: Successfully defended a publishing and distribution company in an age discrimination lawsuit.
- International Bank Harassment Defense: Defended an international bank in a discharge/harassment lawsuit.
- Tort Injury Compensation: Secured several six-figure judgments/settlements for tort injury clients.
- Settlement Negotiation Success: Saved a client $100,000 in a successful settlement negotiation.
- Bullying Case Settlement: Achieved a six-figure settlement for a minor subjected to bullying at school.
- Obtained Summary Judgment and Favorable Settlement in retaliation, ADA, ADEA Defenses: Successfully secured summary judgment and negotiated a favorable settlement for leading high-end hotels and casinos in Puerto Rico, effectively defending against claims under the Americans with Disabilities Act (ADA).