JORGE PEREZ SANTIAGO
Focusing his practice on complex civil litigation, government enforcement actions, qui tam whistleblower suits, and trial support and appeals in state and federal court.
Jorge Pérez Santiago
Jorge Pérez Santiago concentrates his practice on complex commercial, business, and class action litigation in federal and state courts throughout the United States. Jorge represents clients in a wide array of disputes involving commercial transactions, breaches of contract (including restrictive covenants), business torts, fraud, deceptive and unfair trade practices, federal and state consumer protection statutes, including the Telephone Consumer Protection Act, Florida Telephone Solicitation Act, Florida Electronic Mail Communications Act, and the Fair Credit Reporting Act, fiduciary relationships, and corporate governance. Jorge is also experienced representing public and private clients in internal investigations, regulatory and enforcement actions, and compliance reviews in connection with, among other things, the Foreign Corrupt Practices Act, OFAC sanctions programs, and allegations of health care fraud and abuse.
Prior to joining the firm, Jorge was an appellate and commercial litigator at Carlton Fields, P.A. and worked on significant and complex matters in diverse industries, including the telecommunications, health care, intellectual property, and securities sectors.
Before that, he served as a senior staff attorney for Chief Justice Jorge Labarga of the Supreme Court of Florida. Justice Labarga, a Cuban American, is the first person of Hispanic descent to lead the state judicial branch, and the first chief justice to serve a second consecutive two-year term since the end of the Civil War. Jorge was also an extern for Justice Barbara J. Pariente, and a judicial intern for Judge Patricia A. Seitz of the United States Southern District of Florida.
Jorge is also an active member of organizations that support his community. In 2013, he was named Member of the Year by the Cuban American Bar Association. His work on behalf of that organization included serving as Editor-in-Chief of CABA Briefs. He is also a prospective student interviewer for Georgetown University’s Alumni Admissions Program and a member of the University of Miami School of Law’s Young Alumni Committee.
Jorge, who is of Puerto Rican and Cuban descent, speaks and reads Spanish fluently. Si su asunto legal requiere dominio del idioma español, estoy dispuesto a responder a sus necesidades.
- Defended national companies in over 20 putative national class actions arising out of federal and state consumer protection statutes, including the Telephone Consumer Protection Act, Florida Telephone Solicitation Act, Florida Electronic Mail Communications Act, and the Fair Credit Reporting Act.
- Obtained dismissal of putative class action brought under the Florida Electronic Mail Communications Act and Florida Deceptive and Unfair Trade Practices Act, based on federal preemption principles. See George v. Defenders, Inc., 2020 WL 4830310 (Fla. 9th Jud. Cir. Aug. 18, 2020)
- Represented health care practices and practitioners in business disputes involving breaches of restrictive covenants.
- Represented defendants in civil RICO case alleging a conspiracy to convert personal business and property assets. Sanders v. Sanders, et al., 2020 WL 5361881 (S.D. Fla. July 20, 2020).
- Represented restauranteur in business dispute regarding, among other things, alleged fraudulent misrepresentations and other business torts related to restaurant sale.
- Represented a senior executive of a pharmaceutical company in civil and criminal investigations alleging misbranding of pharmaceutical products in violation of section 502 of the Federal Food, Drug and Cosmetic Act.
- Obtained summary judgment of non-infringement in complex patent infringement action involving three-dimensional advertising technology in sports telecasts. Logopaint A/S v. 3D Sport Signs SI, 219 F. Supp. 3d 1197 (S.D. Fla. 2016).
- Successfully defended a preliminary trademark injunction in the Southern District of Florida on appeal in the Eleventh Circuit where the issue on appeal involved a federal circuit split on the proper trademark-infringement test when the defendant claims that its use of the marks is so-called “nominative fair use.” TracFone Wireless, Inc. v. Clear Choice Connections, Inc., 102 F. Supp. 3d 1321 (S.D. Fla. 2015), appeal dismissed (Apr. 20, 2016).
- Represented physician practice and hospital, and obtained affirmance of final judgment granting and denying sanctions for violations of a mediated settlement agreement in a healthcare dispute. Figueroa v. Hynes, Nos. 5D14–3457, 5D15–174 (Fla. 5th DCA Dec. 11, 2015).
- Drafted initial and reply briefs, and conducted oral argument in Florida Supreme Court contending that trial court violated the criminal defendant’s constitutional right to trial by considering defendant’s decision to plead not guilty in determining an appropriate sentence. Oral Argument – Florida Supreme Court (May 2016).
- Represented branch of Indian bank in significant RICO claim involving complex factual and procedural RICO and statute of limitations issues. Assistance with research and drafting of motion to dismiss regarding the federal court’s authority to consider material outside the pleadings to prove that plaintiff was on inquiry notice of the alleged RICO fraud well outside the permissible statute of limitations resulted in dismissal of the claim.
- Represented healthcare entities and drafted petitions for extraordinary writs in Florida appellate courts seeking review of orders requiring health care providers to divulge confidential pricing structures without a showing of actual need.
- Represented privately held company in Securities and Exchange Commission investigation for securities fraud, and provided research and analysis regarding complex jurisdictional and evidentiary privilege issues.
Jorge has written on a variety of issues facing corporations and their officers in complex civil litigation, including business disputes and class actions. Most recently, he had an article published in the Journal of Health and Life Sciences Law offering commentary for healthcare providers on consumer protection laws, see AHLA Journal, and discussed the development of privacy class actions in Florida, see Law360. He has also had the following articles published at various points throughout his career:
- “Post-Election Update on Cuba,” Expect Focus International, Spring (March 2017).
- Contributor, “I Object! A Blog on Preservation of Error,” Carlton Fields (March 15, 2017).
- “Preservation of Issues for Appeal: Motion Arguments and Demonstrative Aids,” Trial Techniques Committee Newsletter, ABA Tort Trial & Insurance Practice Section (Winter 2017).
- Contributor, Food for Thought: A Review of 2016 Litigation, Carlton Fields (February 17, 2017).
- “Sixth Circuit Affirms Dismissal of Putative Class Action Claims Against Kraft Foods Global, Inc. and Starbucks,” Carlton Fields Web Article (May 16, 2016).
- Co-Author, “FAA Treats “Commercial” Newsgatherers and Citizen Journalists Differently,” MLRC MediaLawCenter (December 2015).
- “Note on Carlson v. FedEx regarding Independent Contractors,” Appellate Advocacy Committee Newsletter, ABA Tort Trial & Insurance Practice Section (November 2015).
- “Court Had Jurisdiction to Consider District Court Order Not Referenced in the Notice of Appeal,” Appellate Practice, ABA Section of Litigation (May 2015).
- “The First Cuban-American Chief Justice of the State of Florida: Chief Justice Jorge Labarga,” CABA BRIEFS (Fall-Winter 2014).
- “Armageddon for Sports?” The American Needle Decision, CABA BRIEFS (Fall 2009).
- Cuban American Bar Association (CABA) – Member of the Year (2013); Editor-in-Chief of CABA Briefs (2013-2015); Articles Editor CABA Briefs (2012-2013); Vice Chair of CABA Briefs (2015-2016); Member of CABA Night at Marlins Park Planning Committee (2016-2017).
- Florida Bar Appellate Practice Committee (2014-present).
- Prospective student interviewer, Georgetown Alumni Admissions Program.
- Regional Representative, University of Miami Young Alumni Committee (2012-2014).
- Member, University of Miami School of Law Young Alumni Committee (2016 – present).
- United Way of Miami-Dade Young Leader (2015-2016).
- Member, Hispanic National Bar Association (2015-present).
- Member, American Bar Association (2015-present).
- Member, The Federalist Society for Law & Public Policy Studies
- Member, Belen Jesuit Preparatory School Alumni Association and Belen Alumni Lawyers Society (Graduate of the Class of 2004). Belen Jesuit was originally established in Havana, Cuba, by the Jesuits in 1854, but moved to Miami, Florida after the communist government of Fidel Castro, himself an alumnus, took power and expelled the Jesuits.
- Juris Doctor, magna cum laude, University of Miami School of Law, May 2011
- Bachelor of Science in Business Administration, Marketing, Georgetown University, McDonough School of Business, May 2008
- Florida Supreme Court
- Staff Attorney to Justice Jorge Labarga, September 2011 – July 2014
- Intern for Justice Barbara Pariente, Fall 2010
- United States District Court for the Southern District of Florida
- Intern for Judge Patricia Seitz, Summer 2009
NEWS & INSIGHTS
Mr. Pérez Santiago, who is of Puerto Rican and Cuban descent, speaks and reads Spanish fluently. Si su asunto legal requiere dominio del idioma español, estoy dispuesto a responder a sus necesidades