Interamerican University of Puerto RicoSchool of Law
Florida, Georgia, and District of Columbia
Areas of Practice
- Wills, Trusts & Estates
- Tax Law
- Labor & Employment
- Business (transactional)
Atlanta, Georgia. Principal. | 2013-Present
• Represents and counsels clients on corporate, business law, employment law, contracts, securities, tax and compliance matters.
• Provides general corporate and limited liability company legal and tax advice to clients on all aspects including ownership rights and obligations, asset protection, intercompany transactions, compliance and entity governance.
• Drafts, reviews, revises and negotiates agreements and documents, including: entity formation and conversion documents; limited partnership and limited liability partnership agreements; shareholders’ and operating agreements; by-laws; company resolutions; stock purchase and ownership transfer agreements; asset purchase agreements; terms of service and privacy policies; master services agreements; service agreements; Software as a Service (“SaaS”) agreements; assignment and licensing of intellectual property; affiliate and joint venture agreements; consulting agreements; commissions agreements; broker agreements; commercial lease agreements and independent contractors agreements.
• Provides legal advice to startups on raising capital including capitalization matters, conversion securities, investment instruments and compliance with federal and state securities’ registration and disclosure requirements.
• Provides tax advice to clients concerning the optimal structure to operate the business, tax jurisdictional matters and general tax issues.
• Counsels clients on compliance with industry-specific rules and regulations.
• Advises clients on all aspects of employment law, including employment discrimination, wage and hours, unemployment, workers’ compensation and compliance with related statutes and drafts employee handbooks, policy and procedures.
• Negotiates and drafts legal contracts and documents used in the labor and employment setting including: employment agreements; temporary employment agreements; probationary employment agreements; restrictive covenants including, covenants not-to-compete, non-solicitation agreements, non-disparagement agreements, and non-disclosure and confidentiality agreements; assignment of intellectual property; general release and termination agreements; separation and severance agreements; equity compensation agreements; bonus agreements and incentive plans.
• Renders advice and drafts legal documents for clients' estate planning, including the creation of trusts and the draft of wills, living wills, powers of attorney and other legal documents.
Atlanta, Georgia. Founding Member. | 2010-2013
• Represented clients in federal courts in the defense of welfare plan claims under ERISA, including those involving disability and life insurance matters.
• Represented and counseled clients on issues involving labor and employment law, as well as general civil and contractual matters.
• Represented and counseled clients on insurance, business law, employment law and contractual matters.
• Rendered legal opinions regarding insurance coverage under commercial general liability, commercial property and commercial auto policies and their endorsements.
• Represented insureds in the defense of causes of action. Negotiated and secured numerous settlement agreements on behalf of the client.
• Represented a major manufacturer and seller of windows and doors in contractual causes of action filed by and against clients and vendors before local courts and administrative agencies, including the filing of appellate briefs and memoranda in opposition. Negotiated and secured numerous settlement agreements on behalf of the client.
• Represented a nationwide surety company in litigation of construction defects, as well as subrogation claims.
• Represented the largest employer in the hospitality industry in Puerto Rico, among others, in labor and employment matters.
• Defended clients in federal and local courts and administrative agencies in employment discrimination, wrongful discharge, wage and hour disputes, labor relations, workers’ compensation and COBRA issues.
• Processed business-related visas to relocate foreign executives to the U.S.
• Rendered legal opinions regarding labor and employment issues, as well as personnel policies and procedures.
• Collaborated in Region 29 with over forty fellow attorneys and other professionals from very diverse backgrounds in effectuating the purposes of the National Labor Relations Act.
• Investigated unfair labor practice charges by interviewing witnesses and reviewing documentary evidence; issued reports summarizing the evidence obtained and recommending a course of action for management's final decision on the issuance of a complaint or the dismissal of the matter.
• Prosecuted unfair labor practice charges including the preparation of witnesses and documentary evidence to be used at trial; litigated the case before the Administrative Law Judge; drafted and filed post-trial briefs and provided assistance in any compliance matter once favorable final disposition had been obtained.
• Presided over representation proceedings to conduct secret ballot elections, including overseeing the election process to guarantee its purity.
• Advised the public about their rights under state and federal labor and employment law statutes.
• Employed by one of the leading lobbying firms in the Nation while attending Georgetown University.
• Researched legal issues and provided advice to the Legislative Department on issues concerning Puerto Rico, as well as the state of the law in various Latin American countries.
• Actively participated in meetings to strategize and implement lobbying efforts to maximize appropriations to be received by the Government of Puerto Rico.
Contact Carlos Colon-Machargo
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