Team size: 6

What are the most significant cases, projects or transactions that you and your legal team have recently been involved in?

In essence, our in-house Legal, Legislative, and Intergovernmental Affairs team directly and sometimes in collaboration with other divisions and working groups at the Puerto Rico Fiscal Agency and Financial Advisory Authority (“AAFAF,” by its Spanish acronym) continues to manage, coordinate, and resolve a wide range of ordinary and novel legal controversies and workstreams. These include the assessment, analysis, and formulation of recommendations on proposed and enacted legislation; the preparation of legislative scoring measures and reports; the delivery of public testimony before legislative committees; and the appraisal of enacted acts and regulations to ensure consistency and compliance with the Puerto Rico Oversight, Management, and Economic Stability Act (“PROMESA”), the certified Fiscal Plans and budgets mandated by that Federal statute, and the Plan of Adjustment of the debt confirmed by the Federal Title III Court of the U.S. District Court for the District of Puerto Rico.

As an example, me and our in-house team have engaged in discussions with the Puerto Rico Legislature, the Financial Oversight and Management Board for Puerto Rico (“FOMB” or “Oversight Board”), and various Executive Branch agencies regarding legislative proposals aimed at modifying laws on pension benefits, salary increases for public servants, the reorganization of executive departments and agencies, and the governance of Puerto Rico’s municipalities. Moreover, we have been actively participating in and providing support and advice, both internally and across the government, in deliberations and negotiations with the Oversight Board on legal matters such as the implementation or annulment in Federal court of enacted acts across diverse policy areas, as well as in the review of Section 204 certifications of enacted laws required by PROMESA.

How do you approach managing legal aspects during periods of instability or crisis to ensure the organization’s resilience?

That’s what we do! Manage risk and crisis. I love this question because AAFAF was created as a direct response to Puerto Rico’s fiscal crisis, a crisis driven by unsustainable public debt, a lack of fiscal discipline, and other challenges that existed before the enactment of PROMESA. From day one, our mission has been to provide stability and ensure alignment between PROMESA and the local government, with the clear purpose of helping Puerto Rico recover and move forward.

In light of this mission and the culture of AAFAF, we have been well equipped since our inception, with highly professional in-house employees and senior officials who bring the experience and technical expertise needed to manage, resolve, and prevent crises. Together, my colleagues and I approach these responsibilities with a deep sense of commitment, managing complex legal controversies, fiscal, structural, and economic issues in a collaborative and collegiate fashion. We are always willing to think creatively, act responsibly, and adapt to any ordinary or novel challenge that Puerto Rico may face.

One clear example of this was the phenomenal job that AAFAF carried out, in doing its part in managing the COVID-19 pandemic. Our in-house teams had the opportunity to design, manage, and implement the disbursement strategy for federal relief funds under the CARES Act and the American Rescue Plan Act (ARPA). This effort was essential to maintaining government operations and ensuring the continuity of public services during the emergency, while also helping to stabilize Puerto Rico’s broader fiscal and economic recovery. This experience further underscored our agency’s ability to adapt quickly, manage risk, and operate effectively in complex environments. Rather than viewing these challenges as obstacles, we treat them as assets that allow us to act decisively and deliver results, even under the most pressing circumstance in recent times.

Have you had any experiences during your career as a lawyer that stand out as particularly unique or interesting?

I have had the opportunity of serving in all three branches of the Government of Puerto Rico, as well as at the municipal level, including serving as an agency head and Superior Court Judge in the Judicial Branch, among other high-level experiences. In addition, I have the experience of working directly with the FOMB and as congressional staffer with the U.S. Congress, among other experiences at the local, state, and federal levels, in Puerto Rico and in Washington, D.C.

Based on your experiences in the past year, are there any trends in the legal or business world that you are keeping an eye on that you think other in-house lawyers should be mindful of?

The recent developments related to Artificial Intelligence (AI) and the legal and ethical challenges because of new tools available for in-house lawyers for legal research and writing, among other features and legal work and services. There are still loopholes pertaining to the development and use of AI features that must be addressed and regulated to achieve the proper, secure and ethical usage of these advanced resources. On the other hand, it’s essential to analyze how AI can contribute to improving the competitiveness of the public sector, particularly through the implementation of more effective controls, the strengthening of auditing processes, the prevention of corruption, the automation of tasks and the sustained increase of productivity as well as enhancing the quality and efficiency of the services provided by the government to citizens and entities.