MarcoGonzalez_banner

Marco A. Gonzalez, Jr.

Of Counsel

mgonzalez_qrcode

New Jersey Complex Business Litigation Lawyer

Biography

Marco A. Gonzalez, Jr. practices in the areas of complex civil, compliance, environmental and employment litigation, internal investigations and white-collar defense. He counsels and defends clients in governmental compliance and enforcement proceedings from the Foreign Corrupt Practices Act to matters relating to the EEOC and New Jersey’s Law Against Discrimination. Mr. Gonzalez has developed considerable experience in leveraging his international experience, and military and technical background in assisting clients from start-ups to large corporations in minimizing risk and achieving their business objectives with efficient service at all levels. Mr. Gonzalez’s work has also extended to representing clients in Latin America, including providing counseling and representation to entities in connection with licensed transactions under OFAC’s Cuban Asset Control Regulations (CACRs).

Having served in the U.S. Marine Corps and as an Aircraft Structural Specialist on the F-117A Stealth Fighter Project for Lockheed-Martin Corporation (Skunk Works Division), Mr. Gonzalez brings a unique skill-set to the practice of law. Mr. Gonzalez is a past President and the current General Counsel of the Hispanic Bar Association of New Jersey, a 2012 graduate of the Minority Corporate Counsel Association’s Academy for Leadership and Inclusion Training, and he is the recipient of the Statewide Hispanic Chamber of Commerce of NJ’s 2012 Business Person of the Year – Legal Industry Award.

Representative Matters

Represented Lockheed Martin Corporation as outside counsel regarding the misrouted shipment by a freight forwarder of inert military hardware to Havana, its release from the Cuban authorities and return to the United States.
Represented large pharmaceutical company in Puerto Rico against a whistleblower’s allegations that the client was intentionally releasing hazardous air pollutants into the atmosphere, based upon which USDOJ commenced a grand jury We conducted an internal investigation and persuaded DOJ to conduct informal witness interviews in place of grand jury testimony. No criminal charges were filed and no civil or administrative penalties were imposed by EPA.
Represented U.S. charitable foundation relating to the legality of awarding academic grants to researchers in Cuba pursuant to the S. Cuban Asset Control Regulations (CACRs).
Represented large S. public utility in an internal investigation involving civil RICO and FCPA issues in connection with the public utility’s purchase and a vendor’s fraudulent testing of fuel oil from Africa. Investigation resulted in a large civil RICO settlement in favor of the public utility and no finding of FCPA violations.
Represented real estate development company on several internal investigations on claims made by employees relating to allegations of racial discrimination and successfully defended the client in state NJ LAD
Represented global company on FCPA and UK Bribery Act allegations from former employee/whistleblower that company officials were bribing officials in Eastern European country to facilitate products through border and customs
Obtained on behalf of the Latin American Coalition, , as amicus curiae, a precedential decision from the U.S. Court of Appeals for the Third Circuit that affirmed the dismissal of a RICO action brought by a tenant of an apartment building alleging that the defendant property owners violated the Immigration and Naturalization Act by renting apartments to undocumented aliens.
Represented air travel industry software company during compliance due diligence review of potential transaction with a Latin American air carrier’s use of the company’s servers in the S. to book air travel to and from Cuba.
Represented pharmaceutical company in New Jersey against New Jersey of Environmental Protection allegations that the client intentionally released hazardous air pollutants. Commenced internal investigation, self-disclosed, derailed criminal charges and client paid a small civil fine.
Represented global environmental consulting company in a USDC-PR grand jury investigation of alleged violations of the Clean Air Act and assertions that client intentionally made false statements and falsified
Represented U.S.-based touring company in securing license by OFAC for people-to-people travel to
Negotiated consent decree for a NJ food company in FDA enforcement action concerning allegations of non-compliance with the Federal Food, Drug and Cosmetics
Represented electrical components/connectors manufacturer in WARN and Puerto Rico Law 100 action in the S. District Court for the District of Puerto Rico brought by dozens of former employees who alleged improper termination and plant closure.
Represented S. clinical research organization (CRO) regarding legality of providing services to foreign entity in connection with regulatory approval of an in-licensed drug from a Cuban company.
Represented/defended public utility in Puerto Rico in a USDOJ investigation of the utility regarding alleged violations of the Clean Water Act (acid spill into San Juan Harbor). We conducted an internal investigation into the allegations and represented the utility in negotiating a misdemeanor guilty plea by the utility; no individual targets were charged.

Professional Activities

Hispanic Bar Association of New Jersey,
- General Counsel, 2011-2014
New Jersey Hispanic Bar Foundation
- Trustee, 1998-2000
Co-chair, CLEs, Convention Planning Committee, Hispanic National Bar Association,
- N.Y. City Convention, 2004
Hispanic Bar Association of New Jersey,
- President, 1997-1998
Essex County Bar Association
- Co-Chair, Membership Committee, 1997-1998
New Jersey State Bar Association
- Judicial Administration Committee, 1996-1998

Selected Publications

“Cuba Seeks To Expand Internet Access to Households by 2014,” DM on Puerto Rico and the Caribbean Blog, June 25, 2013
“Puerto Rico Governor Alejandro Garcia Padilla Signs Three Executive Orders Designed to Jump-Start Stalled Renewable Energy Projects”, DM on Puerto Rico and the Caribbean Blog, May 21, 2013
“Federal Appeals Court Deals Blow to Florida’s So-Called Cuba Amendment,” DM on Puerto Rico and the Caribbean Blog, May 9, 2013
“Puerto Rico Governor Proposes Drop in the Island’s Sales and Use Tax and Other Budgetary Initiatives,” DM on Puerto Rico and the Caribbean Blog, April 26, 2013
“Puerto Rico: Public Transportation Initiatives in the Smallest Island of the Greater Antilles,” DM on Puerto Rico and the Caribbean Blog, April 4, 2013
“Panel at HNBA Corporate Counsel Conference Explores DOJ’s Interest in FCPA Compliance in Latin America and the Caribbean,” DM on Puerto Rico and the Caribbean Blog, March 15, 2013
“Puerto Rico’s Renewable Energy Initiative Hits a Snag,” DM on Puerto Rico and the Caribbean Blog, March 1, 2013
“The Privatization of Puerto Rico’s Luis Muñoz Marin International Airport is Complete,” DM on Puerto Rico and the Caribbean Blog, February 28, 2013
“Cuba Puts in Motion Its Internet Capabilities,” DM on Puerto Rico and the Caribbean Blog, February 12, 2013
“Puerto Rico Governor’s Recently-Appointed Chief of Staff,” DM on Puerto Rico and the Caribbean Blog, February 11, 2013
“Introducing the Duane Morris Puerto Rico Business Group/Caribbean Blog,” DM on Puerto Rico and the Caribbean Blog, February 8, 2013
Co-author, “Third Circuit Upholds Permitting Testimony of Outside Corporate Counsel Against Former CEO,” Duane Morris Alert, March 31, 2011
“‘Can You Hear Me Now? Sí?’: Is There a S.-Cuba Telecommunications Revolution on the Horizon?” May 13, 2009
Profiled in “Marco Gonzalez, Jr.: Taking the Hill,” Diversity & the Bar, November/December 2008, Vol. 10, No. 6

Selected Speaking Engagements

Speaker, The Pros and Cons of Business with Cuba Today and Tomorrow, Puerto Rico Manufactures Association’s Cuba Forum, August 2, 2013 (San Juan, PR).
Panelist, “The Pros and Cons of Business with Cuba Today and Tomorrow,” Puerto Rico Manufacturers Association (PRMA)’s Educational Forum on Cuba, Fajardo, Puerto Rico, August 2,
Speaker, “¿Como Se Dice: ‘Summary Judgment’?, The Pitfalls of Translating Foreign Documents and Using Interpreters in Your Practice,” 7th Annual Seminars Conference, HBANJ, Los Cabos, Mexico,
Speaker, “The Legal Nuts & Bolts of Doing Business in the Dominican Republic,” Hispanic Bar of J. Annual CLE Conference, Punta Cana, Dominican Republic, May 2006.
Legal Analyst, MSNBC, Palm Beach County Voting Recount Trial, Presidential Election, December
Co-Presenter, “Nuts & Bolts of Internal Investigations,” National Hispanic Bar Association Annual Conference, Philadelphia, Pennsylvania, October 18.
Speaker, “Positioning Your Company for Doing Business in Cuba – Is it Really Possible?” N.J. Corporate Counsel Association’s All Day CLE Conference, September 2009.

Admissions

New Jersey, 1991
S. District Court for the District of New Jersey
S. District Court for the District of Puerto Rico
S. Court of Appeals for the First Circuit
S. Court of Appeals for the Third Circuit

Education

United States Marine Corps Reserve
Lockheed-California Aircraft Company, Skunk Works Division, Burbank, CA
Hispanic Bar Association of New Jersey
- President, 1997-1998
Hannoch Weisman, C., Roseland, New Jersey
- Associate, 1996-1999
Pitney, Hardin, Kipp & Szuch, Morristown, New Jersey
- Associate, 1991-1996
Duane Morris LLP
- Partner, 2004-2014
- Associate, 1999-2003

Board Memberships

Boy Scouts of America, Patriot’s Path Council, NJ
Essex Network Legal Services, , 2000-2002
Morris County Organization for Hispanic Affairs

Civic and Charitable Activities

Human Rights First, Volunteer Attorney, 1996-Present
Jersey Battered Women’s Legal Advocacy Program
- Volunteer Attorney, 1993-1996

Honors and Awards

Statewide Hispanic Chamber of Commerce (NJ) “Business Professional of the Year—Legal Industry,” 2012