Representative Matters

International Arbitration

• Represent the Republic of Guatemala as its lead counsel in the first ever international ICSID arbitration filed under the auspices of CAFTA.  The case was filed against Guatemala by U.S. railway management and development company -- Railroad Development Corporation (RDC) c. República de Guatemala (ICSID Case No. ARB/07/23)
• Represent the Republic of Panamá as its lead counsel in an international ICSID arbitration filed against it by several U.S.-based investors under the auspices of the Bilateral Investment Treaty between the U.S. and the Republic of Panamá involving a multi-million dollar claim arising from allegations that certain Panamanian tax credits were not honored -- Nations Energy, Inc. y otros c. República de Panamá (ICSID Case No. ARB/06/19)
• Represented the Republic of El Salvador as one of its lead counsel in an international ICSID arbitration filed against it by a Spanish company and obtained a dismissal of this case on jurisdictional grounds based on the "in accordance with law" provisions of the applicable BIT and proof that the investment at issue was not made in accordance with the laws of El Salvador since the investment had been procured through fraud --  Inceysa Vallisoletana S.L. c. República de El Salvador (ICSID Case No. ARB/03/26)
• Represented the Republic of Panamá as its lead counsel in an international ICDR arbitrations filed against the Republic by various US-based investors and involving a claim for tens of millions of dollars based on allegations that Panamanian tax credits were not honored by the government. 
• Represented a Central-American state-owned power company in an UNCITRAL ad hoc arbitration against a foreign investor.
• Represented a major US electric utility company as one of its lead counsel in international arbitration issues against the Republic of Bolivia.
• Served as lead counsel for Consorcio Pentamat a Venezuelan corporation, in its commercial dispute with Carrier Transicold, a division of Carrier Corporation, and was able to obtain a quick and favorable settlement of an unfair competition claim involving a former employee who left Consorcio Pentamat, began working for Carrier in violation of a non-compete agreement and began soliciting customers away from Consorcio Pentamat in violation of the non-solicitation provisions of his employment agreement.
• Served as lead counsel for Electricidad de Caracas, a Venezuelan corporation, in a business dispute with a major US financial institution.
• Served as lead counsel for Impsat Fiber Networks, an Argentinean corporation, in a commercial dispute with Nortel Networks and obtained an outright dismissal of the case in favor of Impsat.
• Served as lead trial counsel on other complex, commercial litigation and product liability litigation.

Product Liability

• Served as trial counsel for Wyeth in the nationwide diet drug ("phen-fen") litigation, including handling trials in Pennsylvania, Georgia and Florida.
• Served as trial and national coordinating counsel for Wyeth in the defense of complex, pharmaceutical liability cases pending in both federal and state courts throughout the country, including all cases filed in Virginia, North Carolina, Delaware, Maryland and Arkansas.
• Handled numerous cases for pharmaceutical clients alleging deceptive advertising and violation of consumer protection act statutes, including consumer fraud class actions.
• Served as product liability counsel for Boston Scientific in its US$24.5 billion acquisition of Guidant Corporation.
• Served as lead product liability counsel for Albemarle Corporation in a nationwide remediation program.
• Served as lead trial counsel and obtained a jury verdict for client in a case involving consumer fraud allegations, including alleged material omissions and deceptive trade practices concerning a matchmaking service.
• Served as lead counsel for the Government of El Salvador and obtained a dismissal of an international commercial fraud case, involving corruption and fraud in an international bid.

Deceptive Advertising Litigation

• Handled numerous cases for pharmaceutical clients alleging deceptive advertising and violation of consumer protection act statutes, including consumer fraud class actions.
• Served as lead trial counsel and obtained a jury verdict for client in a case involving consumer fraud allegations, including alleged material omissions and deceptive trade practices concerning a matchmaking service.
• Served as lead counsel for the Government of El Salvador and obtained a dismissal of an international commercial fraud case, involving corruption and fraud in an international bid.
• Served as lead product liability counsel for Albemarle Corporation in a nationwide remediation program.
• Served as lead counsel for Albemarle Corporation in a commercial fraud case.
• Served as trial counsel for a brokerage company in a commercial fraud case.
• Served as lead counsel on other complex, commercial litigation.
• Served as trial counsel for Wyeth in the nationwide diet drug ("phen-fen") litigation, including handling trials in Pennsylvania, Georgia and Florida.
• Served as trial and national coordinating counsel for Wyeth in the defense of complex, pharmaceutical liability cases pending in both federal and state courts throughout the country.

Consumer Fraud Litigation

• Handled numerous cases for pharmaceutical clients alleging deceptive advertising and violation of consumer protection act statutes, including consumer fraud class actions.
• Served as lead trial counsel and obtained a jury verdict for client in a case involving consumer fraud allegations, including alleged material omissions and deceptive trade practices concerning a matchmaking service.
• Served as lead counsel for the Government of El Salvador and obtained a dismissal of an international commercial fraud case, involving corruption and fraud in an international bid.
• Served as lead product liability counsel for Albemarle Corporation in a nationwide remediation program.
• Served as lead counsel for Albemarle Corporation in a commercial fraud case.
• Served as trial counsel for a brokerage company in a commercial fraud case.
• Served as lead counsel on other complex, commercial litigation.
• Served as trial counsel for Wyeth in the nationwide diet drug ("phen-fen") litigation, including handling trials in Pennsylvania, Georgia and Florida.
• Served as trial and national coordinating counsel for Wyeth in the defense of complex, pharmaceutical liability cases pending in both federal and state courts throughout the country.

Commercial Litigation

• Served as trial counsel for Wyeth in the nationwide diet drug ("phen-fen") litigation, including handling trials in Pennsylvania, Georgia and Florida.
• Served as lead counsel for and obtained a quick favorable settlement on behalf of Overlook Systems Technologies, Inc. in its dispute with a former employee involving unfair competition claims, including misappropriation of trade secrets and other proprietary information.
• Served as lead counsel for Consorcio Pentamat in its commercial dispute with Carrier Transicold, a division of Carrier Corporation, and was able to obtain a quick and favorable settlement of an unfair competition claim involving a former employee who left Consorcio Pentamat, began working for Carrier in violation of a non-compete agreement and began soliciting customers away from Consorcio Pentamat in violation of the non-solicitation provisions of his employment agreement.
• Served as lead counsel for Albemarle Corporation in its business dispute with its distributor, Bromitron Corporation, and filed a preemptive suit and obtained a quick settlement of a variety of breach of contract and tort claims in which the parties were cross-claiming for millions in damages.
• Handled numerous cases for pharmaceutical clients alleging deceptive advertising and violation of consumer protection act statutes, including consumer fraud class actions.
• Served as lead trial counsel and obtained a jury verdict for client in a case involving consumer fraud allegations, including alleged material omissions and deceptive trade practices concerning a matchmaking service.
• Served as lead counsel for the Government of El Salvador in a commercial arbitration filed against it by a Spanish company and obtained a dismissal of this case by proving that the company committed fraud and was engaged in corruption.
• Served as trial counsel for a brokerage company in a commercial fraud case and obtained a jury verdict on behalf of the brokerage company.
• Served as lead counsel on other complex, commercial litigation.

Other Relevant Experience

• Extensive nationwide work with obesity experts, including taking and defense of their depositions and preparation of obesity experts for trial testimony.
• Extensive knowledge on causes of obesity, including co-morbidities associated with obesity.
• Extensive nationwide work with cardiology experts, including taking and defense of their depositions and preparation of cardiology experts for trial testimony.
• Extensive knowledge of cardiology issues and causes of cardiac conditions, including those related to obesity and its co-morbidities.

Para descargar la biografía en español haga click aquí

Awards

Received the Excellence in Legal Services Award from the Mexican American Legal Defense and Educational Fund.

Rankings

Selected as one of the Top 40 Lawyers Under 40 in Washington, D.C. by The National Law Journal -- “40 Under 40: Washington’s Rising Stars” 2009; Para descargar copia del documento en español haga clic aquí.

Lawdragon 500 "New Stars, New Worlds" 2006

Washingtonian's "Top 40 Lawyers Under 40" 2006

Elected as Member of The American Law Institute.

Hispanic Bar Association of the District of Columbia “Rising Star," recognized as one of the next generation of leaders in the Hispanic legal community

Professional and Community Activities

Professional Activity

• Member, The International Bar Association

• Member, American Bar Association

• Member, International Law Section, American Bar Association

• Member, International Law Section, District of Columbia Bar Association

• Member, International Chamber of Commerce (ICC), Young Lawyer's Division

• Member, International Centre for Dispute Resolution (ICDR), Young Lawyer's Division

• Member, The American Society of International Law

• Member, Defense Research Institute

• Member, District of Columbia Hispanic Bar Association

• Member, Hispanic National Bar Association
  
  

Community Activity

• Member, Advisory Council, Archdiocesan Legal Network

• Mexican American Legal Defense and Educational Fund (MALDEF)

  • Member, National Board of Directors
  • Lead Counsel, MALDEF, Immigrants’ Rights Pro Bono Cases
    
    

Pro Bono Activity

• Handle pro bono immigrants’ rights cases for Ayuda, Inc.

• Lead Counsel, Tahirih Justice Center, Pro Bono Immigrants’ Rights Cases

• Represent indigent clients, The District Of Columbia Bar Public Service Activities Corporation

Articles

David M. Orta and Annie Khalid Hussain. "The Crossroads Between Enforcement And Execution Of Arbitration Awards And Sovereign Immunity - A Primer For In-House Counsel." (PDF: 2.56 MB) International Chamber of Commerce Members' Handbook, UK Edition Spring 2006.

Presentations