Carlos Romero Jr

Role

Arbitrator – Domestic, Arbitrator – International, Mediator, Expert Witness, Other

Specialization

Commercial / Business, Investment, Technology, Healthcare, Entertainment/Media, Intellectual Property

Languages Spoken

English

Address

804 South Douglas Road, Suite 365

City

Coral Gables

State

FL

Country

USA

Zip

33134

Telephone

(305) 445-0014

E-mail Address

car@postandromero.com

Current Employer-Title    Post & Romero LLC, Coral Gables, Florida

Profession                            Attorney (admitted in Florida, Illinois, and Puerto Rico). Arbitrator. Mediator.  Certified Public Accountant: Puerto Rico (inactive), Florida (inactive).

Work History                      Present, Partner, Post & Romero LLC. Prior, Attorney, Baker & McKenzie; CPA, International Tax Manager, Coopers & Lybrand; Attorney, Gaston Snow & Ely Bartlett.

Corporate, Taxation (US and overseas income, sales tax, value added, excise), International, Cross-Border Transactions and mergers (domestic and overseas), Banking, Commercial, Insurance (Corporate, Reinsurance, Regulatory, Licensing, Agent, Broker, Intermediary Reinsurance Manager, treaty drafting), Debtor/Creditor Workout, Reinsurance and Insurance Regulation and Dispute (casualty, life, and health), Group insurance policies, Claim coverage, Insurance exchange reconciliations, Foreign and Domestic Acquisitions, Reinsurance pools (US and overseas), Distribution Agreements (domestic and overseas), Real Estate, Complex Foreign and Domestic Litigation Strategy, Telecommunications, Transactions, State and Federal Regulatory Matters, Intellectual Property (marks, patents, and trade secrets, licensing, infringement, misuse), Software, Internet, Joint Venture Structures, Civil Rights (First Amendment and Constitutional Law), Shareholder and Partnership (agreement, buyout, and commercial divorce/breakup), International Arbitration Dispute, Patent (royalties, ownership rights, and joint development agreement).

Experience                           COMPLEX MATTERS. Cross border, multi-jurisdictional, multi-million dollar (including nine digits) acquisition, merger, reorganization, financing, workout, regulatory, asset-stock-tax driven structures. Multi-forum litigation (US and overseas) of merger-acquisition.  INTELLECTUAL PROPERTY.- Nationwide strategy to develop and protect intellectual property and marks. Domain names. Royalty and licensing agreements for patents, marks, and trade secrets. Software. Dispute-nationally known computer software provider and its foreign subsidiary in Central America over customized software deficiencies. Infringement marks and patents.  BANKING.- Letters of credit; multiple party agreement; loan facility.  DISTRIBUTION AGREEMENT. Termination disputes in Puerto Rico and foreign countries.  BREAKUPS. National accounting firm; medical practice; valuation; accounting; trace revenues; fiduciary duty; minority stake.  REGULATORY. US, state, local, and foreign insurance, banking, and other regulatory matters. Private ruling from state health agency for pharmaceutical delivery, prescription, and licensing. Negotiate-State health agency approval to privatize municipal health care program; Insurance commissioner approval of publicly traded insurer acquisition of HMO overseas. HIPAA. Licensing of centers.  ARMORED CAR SERVICES- Compliance with state and federal laws and regulations to form and operate armored car service hub transporting to and from the United States and foreign countries currency and valuables. FINCEN, licensing, filing, and penalties.  TELECOMMUNICATION- Negotiate-Flagship project for local exchange carrier to install state of art communication system for one of largest shopping centers in US; Telephone contract for overseas government prisons and joint venture with European technology and systems partner; manufacturing, license, and production agreement and sale to government telephone entity.  PROFESSIONAL SPORT- High profile US professional baseball player with representative in foreign country.  INSURANCE- Life/health/casualty insurance and reinsurance in US and overseas; Complex overseas structures. Sale of dreaded disease insurance portfolio; allocation of losses and IBNR computation; and terminated insurance agents alleging contract interference. Claim against European reinsurer of health risks of residents in Dubai serviced by Latin America reinsurance pool. Agency/broker.  Intermediary reinsurance managers.  Domestic and foreign insurance and reinsurance pools. Multiple excess layer risk/coverage. Claims management practices.   Primary and excess. TPA. Allocations of reserves, claims, and premiums per cutoff acquisition date. National health provider contract with national hospital chain.  HMO/Medicare and national health insurer contract dispute. Licensing and compliance. HMO. Capitation. Commission returns and rebates. International reinsurance manager handling and servicing reinsurance pool of life, disability, dreaded disease, accident, and health policies with multi-layer retrocessionnaires with multi-year accounting issues. IRM dispute with international reinsurance health pool, accounting and coverage issues.  COMPLEX ACCOUNTING DISPUTE- Multi-million dollar, multi-year accounting, neutral appointment.  NONCOMPETE- Multi-forum noncompete and nonsolicitation agreement.  AVIATION- Acquisition of jets for export sale or lease, federal, foreign, and state tax issues coupled with tax shelter planning for overseas operations.  MARITIME- Joint venture- Stevedoring and maritime terminal services of commerce at overseas port; serving domestic and foreign commerce; Maritime shipping line of container cargo vessels and barges.   FMC related dispute with layered monopolistic investigations at state and federal levels.  UTILITIES- Dispute-State operated utility and commercial user.  FINANCIAL GUARANTY BOND- Bond covering minimum agricultural production in Peru for sale in Europe.  TECHNOLOGY.- Cable TV venture, Hearing device for movie theater, source code tampering.

ALTERNATIVE DISPUTE RESOLUTION EXPERIENCE

FRANCHISE-Deceptive practices.  Royalty dispute. Worldwide patent licensing of manufacturing, distribution, and sales.  Multilevel sales pyramid.   TELECOMMUNICATION; cable venture overseas.  FINANCE/BANK; Equipment finance collection. unauthorized wire transfer. PRIVACY; Privacy Act violations by bank (punitive damages), sexual harassment claim, and retaliation. ACCOUNTING; Accounting issue of national hospital chain and public health insurer; Brazil-US commercial breakup.. TECHNOLOGY; inventor and distributor of hearing impaired device for use in theaters; source code; duplicate file server and systems. CABLE TV; bulk service contract between thousands in community and national cable company. FEDERAL FUNDING PROGRAM; Puerto Rico government housing agency, UDAG federal funding, use and applications of funds. COMMERCIAL BREAKUP; Plastic surgeon practice breakup, buyout, diversion of patients and funds; accounting, valuation, and breach of fiduciary duty.   FEE DISPUTE AND MALPRACTICE; Tax malpractice by big three accounting firm; Legal fees disputed by client. MARITIME AND PILOT ASSOCIATIONS; State bay pilots association and pilot trainee wrongful discharge. DISTRIBUTOR; US manufacturer termination of Puerto Rico distributor. REINSURANCE, Reinsurance pool reimbursement, audit, and accounting of twenty six treaties of excess layered casualty and asbestos; MEDICAL PROVIDER NETWORK-TRADE SECRETS, Medicare medical HMO.  provider network, national health insurer involving termination, final accounting, and misuse confidential info and trade secrets. LOCAL EXCHANGE CARRIER; E-DISCOVERY; AND PREDICTIVE CODING; SOURCE CODE, Ten years of millions of transactions of local exchange carrier and clearinghouse alleging source code tampered to generate over-billings and nonexisting charges, e-discovery, IT neutral appointment, predictive coding, replication of data/servers, IT issues;. AIA CONTRACTS. MARKS. GOLF/ BASEBALL pro players.  INTERNET, email hackers. BANK, unauthorized wire transfer fraud.

ICDR PANEL: Multi-million dollar disputes- REALTY, Land acquisition applying laws of Puerto Rico; US FUNDS, Hispanic city and nonprofit entity contract breaches, proper administration, application, use, and accounting of UDAG federally funded program; CONSTRUCTION, TAXATION, Construction defect with Puerto Rico owner, general contractor, and surety fallout; Termination dispute under Puerto Rico Law 75; Construction defect school project in Antigua and tax withholding issue. LEGAL FEES, CONTRACT; French subjects.  HOTEL: International hotel chain with worldwide membership marketed by foreign operator; accounting dispute.

 

MEDIATION ADVOCATE; Settled dispute; Builder in Puerto Rico and bank in Florida; Multi-million dollar patent royalty agreement between the foreign owner and a US educational institution; Multi-million dollar dispute between owners of insurance company; International dispute concerning nondelivery of sculpture involving claimants in multiple countries. N ADR ADVOCATE; Bermudan health insurer and US intermediary reinsurance manager; Cedant insurer in Puerto Rico and intermediary reinsurance manager of foreign reinsurer; Investor in Puerto Rico and nationally known financial securities firm. Breaches and misrepresentations arising from the cross border acquisition of business assets and entity located in FL and PR.

PANELS: AAA. ICDR. Florida Supreme Court Certified Circuit Court Mediator.

International Institute for Conflict, Prevention & Resolution, Distinguished Neutral-Insurance policyholder coverage, Certified Public Accountants, Miami ADR, Real estate, Cross-Border, and Taxation Panels. Chartered Arbitrator, Presidential Panel of Arbitrators, and Fellow Member of The Chartered Institute of Arbitrators.

Certified Arbitrator by Tribunal General de Justicia of Puerto Rico.

Certified Arbitrator, Arias-US reinsurance arbitration.

SELF ADMINISTERED ARBITRATION.-MARKS-Worldwide infringement of mark, unauthorized product sale Internet multilevel marketing.

ALTERNATIVE DISPUTE RESOLUTION TRAINING

AAA ACE 19 Case Finances: What Arbitrators Need to Know, 2019; AAA Arbitrator Performance and Demeanor - Meeting Participant Expectations ACE18,

2018; Inter-Cultural Competencies – Critical to Resolving Multi-Cultural Disputes,

2017; Vacatur and Enforcement of Arbitration Awards, 2016; Protecting Your Award from Appellate Challenge, 2016; ICDR Miami International Arbitration Conference: The Past the Present and the Future; 2016; AAA Imposing Sanctions in Arbitration: Just How Far Can You Go? 2015; Arias-U.S. Ethics Course 2015; AAA ICDR Miami International Arbitration Conference A Corporate Counsel Series: International Dispute Resolution in the Americas 2015; AAA Winning at Arbitration: More than 30 Specific Tips Advocates Can Use to Improve Arbitration Outcomes, 2014; 11th Annual ICDR Miami International Arbitration Conference- International Dispute Resolution in the Americas, 2013; AAA Arbitration in IP/Technology Disputes, 2013; AAA Does AT&T Mobility v. Concepcion, L.L.C. Spell an End to Class Actions?, 2013; AAA What\\\'s a Respondent Like You Doing in a Place Like This? Confronting Arbitrability and Jurisdiction Issues in Arbitration, 2013; ICDR 10th Annual Miami International Arbitration Conference - The Greatest Hits, 2012; AAA Maximizing Efficiency & Economy in Arbitration: Challenges at the Preliminary Hearing, 2011; AAA What\\\'s a Respondent Like You Doing in a Place Like This? Confronting Arbitrability and Jurisdiction Issues in Arbitration, 2011; AAA Consummate Negotiation: Techniques & Tactics, 2011; Arbitration roundtables: Marketing, Social Media, and ADR, 2016; Functus Officio: Blessing or Curse, 2006; Managing Discovery, 2005; Third Party Discovery, 2005; Subpoena Issues in Arbitration: What Arbitrators Should Know, 2005.

Professional Licenses         Admitted to the Bar: Illinois, 1979; Puerto Rico, 1979; Florida, 1983; U.S. District Court: District of Puerto Rico, 1979; Southern District of Florida, 1983; U.S. Court of Appeals, Seventh Circuit, 1982; U.S. Tax Court, 1982; U.S. Supreme Court, 1982. Certified public accountant: Puerto Rico (inactive); Florida (inactive); Florida Supreme Court Certified Circuit Mediator (2010). Certified Arbitrator by Tribunal General de Justicia for cases referred by the courts of the Commonwealth of Puerto Rico (November 2014).

Professional                           Florida Certified Circuit Mediator (2010).   Certified Arbitrator by Tribunal

Associations                         General de Justicia for cases referred by the courts of the Commonwealth of Puerto Rico (November 2014). American Arbitration Association; International Centre for Dispute Resolution (ICDR). International Institute for Conflict Prevention & Resolution, Distinguished Neutral of Panels for Insurance policyholder coverage, Certified Public Accountants, Miami ADR, Real estate, Cross-Border, and Taxation. The Chartered Institute of Arbitrators, Chartered Arbitrator, Presidential Panel of Arbitrators, and Fellow Member. Certified Arbitrator of ARIAS-US, Inc.

Education                            Georgetown University (BA-1974); Yale University (JD-1978); New York Law School (LLM-1979).

PUBLICATIONS AND SPEAKING ENGAGEMENTS

Carlos A. Romero, Jr., \\\"How Did the Spanish Language Contribute to the Financial Demise of Puerto Rico?\\\", Bloomberg BNA, Daily Tax Report: State (March 2017). Carlos A. Romero, Jr and David Ichel, \\\"Comparing Policyholder Arbitrations to Reinsurance Arbitrations, ARIAS Quarterly Q2: 2018. Presenter, \\\"Position Paper on Disadvantages of the Commonwealth Status From a Practical Viewpoint in the Business Environment\\\", United States Senate Committee on Energy and Natural Resources, June 1989; \\\"CBI Not Likely to Benefit from Section 936,\\\" TAX NOTES, February 10, 1986; speaker, \\\"Section 936 - Its Repeal and Restructure of Tax Benefits for American Companies Operating in Puerto Rico,\\\" First Circuit Judicial Conference, 1985; \\\"Federal Inconsistencies in the Treatment of Taxation of Income Derived from Puerto Rico by Individuals,\\\" LA REVISTA JURIDICA DE LA UNIVERSIDAD DE PUERTO RICO, 1984; speaker, \\\"Computer Awareness for CPA\\\'s,\\\" Cuban-American CPA Association, 1984; speaker, \\\"The Success or Lack of Success of the Caribbean Basin Economic Recovery Act,\\\" 1984 Florida Consular Corps Conference, 1984; speaker, \\\"Export Trading Companies,\\\" International Business Center of New England, 1983; \\\"The Defenseless Commonwealth,\\\" three part editorial published in The San Juan Star.

WILLINGNESS TO SERVE WITHOUT TRAVEL FEES

For cases in Florida, willing to serve without charging for travel time but charging for travel expenses, meals, and lodging. For cases out of Florida, travel time is charged at an hourly fee of $200 plus travel expenses, meals, and lodging.

Citizenship                       United States of America

Languages                        English; Spanish

Locale                                Coral Gables, Florida, United States of America

COMPENSATION

Hearing:                           $350.00/Hr

Study:                               $350.00/Hr

Travel:                              $0.00/Hr

Cancellation:                    $400.00/Day Cancellation Period:        2 Days

Comment:                          Tiered fee structure:

$350 per hour for disputes up to $2.0 million; and $500 per hour for disputes over $2.0 million.

Special rates available upon request when merited.

Hourly rates apply for all hearings, conferences, study, preparation time, and Panel.

There is no charge for time spent with AAA Case Manager and administrative matters.

Hourly rate applies to time spent over scheduled time. Minimum hours are billed if time is reserved and scheduled in advance by parties.

No assistants are used or billed.

Reimbursement of expenses includes copies, faxes, and couriers (and travel and meals if applicable).

Cancellation fee of $400 for any scheduled hearing (telephonic or in person) canceled with less than two days notice.  Cancellation fee of a scheduled final hearing: 25% of applicable hearing fees if cancelled within sixty days of final hearing.

Available for emergency, ad hoc, and expedited dispute resolution within or without the US, including travel to foreign countries.