Luis A. Oliver Fraticelli

Luis A. Oliver Fraticelli received his bachelor’s degree from Tulane University and earned his law degree, cum laude, from the Tulane Law School.  Mr. Oliver handles complex civil litigation before the U.S. District Court for the District of Puerto Rico and the courts of the Commonwealth of Puerto Rico, and has represented parties in arbitration proceedings under the Commercial, Construction and International Rules of the American Arbitration Association. He frequently handles appellate matters before the U.S. Court of Appeals for the First Circuit. Mr. Oliver has been trial counsel for defendants in several cases based on Puerto Rico’s dealer protection laws, and represented principals in several leading cases involving claims by dealers of impairment to alleged exclusive distribution rights. He often counsels manufacturers and other owners or licensees of product brands in the drafting or revision of dealer or sales representative agreements. In the antitrust context, Mr. Oliver has represented clients in proceedings before the Federal Trade Commission and the Office of Monopolistic Affairs of the Puerto Rico Department of Justice, and routinely counsels clients with respect to antitrust compliance issues. Mr. Oliver has been ranked as a Leading Individual in Dispute Resolution by Chambers & Partners Latin America and Chambers Global and was selected by his peers for inclusion in The Best Lawyers in the field of Litigation.

Luis served as President of the Puerto Rico Chapter of the Federal Bar Association in 2004, having served in the Chapter’s Board of Directors in various capacities since 1999. He was a member of the Editorial Board of Federal Lawyer, the FBA’s monthly publication distributed to members at the national level and has contributed to the Puerto Rico chapter of Thomas F. Clasen and Joseph E. Puchner, International Agency & Distribution Agreements, and The In-House Counsel’s Essential Toolkit published by the ABA Section of Business Law’s Committee on Corporate Counsel.

Some of the many reported cases he has briefed, tried and/or argued include: Bedrosian Heres v. Nestle Purina Petcare, 205 D.P.R. 1117 (2020)(In its first decision on trademark issues in over 15 years, the Puerto Rico Supreme Court unanimously held that the term “pet-friendly” is a generic term and thus incapable of being appropriated as a trademark or afforded legal protection as such, regardless of any alleged secondary meaning); Govt of Puerto Rico v. The Carpenter Co., 442 F.Supp.3d 464 (D.P.R. 2020)(dismissing unjust enrichment claim based on alleged price-fixing conspiracy); PREP Tours, Inc. v. American Youth Soccer Organization, 913 F.3d 11 (1st Cir. 2019)(affirming dismissal for lack of personal jurisdiction); Ortiz-Espinosa v. BBVA Securities, 852 F.3d 36 (1^st Cir. 2017)(affirming judgment applying look-through approach to sustain federal jurisdiction over review of FINRA arbitration take nothing award); Medina & Medina Inc. v. Hormel Foods Corporation, 840 F.3d 26 (1st Cir. 2016)(adopting all defense arguments in affirming in part, reversing in part judgment after trial under Puerto Rico Dealer’s Act (Law 75)); Trafon Grp., Inc. v. Butterball, LLC, 820 F.3d 490 (1st Cir. 2016)(affirming judgment on statute of limitations grounds under Puerto Rico Dealer’s Act (Law 75); In Re Puerto Rico Cabotage Antitrust Litigation, 815 F.Supp.2d 448 (2011)(objection to attorney fee request resulting in additional $3MM to plaintiff class); Sterling Merchandising, Inc. v. Nestle, S.A., 656 F.3d 112 (1^st Cir. 2011)(affirming judgment dismissing restraint of trade, monopolization and exclusive dealing claims under Sherman Act); Antilles Cement Corp. v. Aalborg Portland A/S, 526 F.Supp.2d 205 (D.P.R. 2007)(enforcing forum selection clause in distribution contract despite Law 75 provisions); B. Fdez. Hnos. v. Kellogg USA, Inc., 440 F.3d 541 (1st Cir. 2006)(reversing judgment under Law 75 that had excluded indispensable party); Eastern Food Services, Inc. v. Pontifical Catholic University Services Ass’n, Inc., 357 F.3d 1 (1st Cir. 2004)(affirming dismissal of exclusive dealing claims under Sherman Act); Podiatrists Ass’n v. La Cruz Azul de Puerto Rico, Inc., 332 F.3d 6 (1st Cir. 2003)(affirming dismissal of Sherman Act restraint of trade and commercial disparagement claims).

Education

• J.D., cum laude, Tulane University, School of Law (1993).
• B.S., Tulane University (1990).