Cancio Covas & Santiago LLP

Practice Areas: Real Estate, Corporate Law, Civil and Commercial Litigation, Securities Litigation, Constitutional Law, Insurance and Surety Law, Construction Law Litigation, Maritime Matters.

Junior Partner

Born in San Juan, Puerto Rico, June 11, 1979; admitted to Bar, 2006, Puerto Rico; United States District Court for the District of Puerto Rico, 2006, and the U.S. Court of Appeals for the First Circuit, 2010.

Mr. Vilaró joined CCS in 2008 as an associate attorney and is a member of its Litigation Department. He is a Junior Partner at CCS. Prior to joining CCS, Mr. Vilaró worked in private practice and in the Puerto Rico Department of Justice’s Office of Federal and General Litigation where he represented government agencies and officials in civil and commercial cases, having also participated as first chair counsel in federal civil jury cases. Mr. Vilaró has approximately fifteen years of litigation experience and concentrates his practice in the areas of creditors’ rights, securities litigation, and commercial litigation, before state and federal courts, agencies and ADR forums (i.e., arbitration and mediation).   Charles represents clients on such matters as shareholder appraisal litigation, derivative actions related to short-form mergers, construction litigation and contractor delays, insurance coverage defense, fraudulent transfer litigation under bankruptcy and local law, land use and permit procurement litigation, contract disputes, health law, medical invoicing litigation, collection of monies, creditors rights, among others.

He has also advised and represented corporate entities in expropriation cases, successfully reaching favorable out of court settlements with public corporations. Mr. Vilaró obtained a favorable judgment from the Supreme Court of Puerto Rico, in which said court vacated a decision issued by the Court of Appeals in an Act 95 (P.R. Real Estate Broker Law) case on due process grounds (Ana Rivera Delbrey v. Global Equities Realty, AC-2012-0037). Also, after being briefed by Mr. Vilaró, the Supreme Court issued certiorari in another case of first impression involving the litigious credit redemption doctrine as it intertwines with various sections of the U.S. Bankruptcy Code.

Relevant Cases and Published Opinions: 

Buena Vibra Group., Inc. v. Fontánez Ramírez, 2021 PR App. LEXIS 3168 (KLAN202100718, November 8, 2021), the Puerto Rico Court of Appeals confirmed summary judgment entered by the Court of First Instance partially dismissing counterclaims against Plaintiff, and entered further judgment on its behalf, declaring, among other things that the defendant had been redeemed and is no longer a shareholder of the companies. Noel Santos Montes v. Hospital Doctor Susoni, Incorporado, 2021 PR App. LEXIS 3203 (KLAN202100738, November 4, 2021), the Puerto Rico Court of Appeals confirmed a Judgment entered by the PR Court of First Instance, dismissing with prejudice a derivative action related to a short-form merger brought by two former stockholders of the Firm’s client. Hospital Español Auxilio Mutuo de Puerto Rico, Inc. v. San Juan Psychological Recovery and Rehabilitation, LLC, Not yet Published (KLRA202100603, KLRA202100615, December 10, 2021), the Puerto Rico Court of Appeals declared a land use consultation and a construction permit null and void due to the Puerto Rico Permit Management Office acting without jurisdiction to issue it Hospital Español Auxilio Mutuo de Puerto Rico, Inc. v. San Juan Psychological Recovery and Rehabilitation, LLC, 2021 PR App. LEXIS 2749 (KLRA202100535, October 25, 2021), the Puerto Rico Court of Appeals declared a land use consultation null and void due to the Puerto Rico Permit Management Office acting without jurisdiction to issue it. Hospital Español Auxilio Mutuo de Puerto Rico, Inc. v. San Juan Psychological Recovery & Rehab., LLC, 2021 PR App. LEXIS 1992 (KLRA202100130, KLRA202100131, July 19, 2021), the Puerto Rico Court of Appeals declare a land use consultation null and void in light of a finding, as requested by the Firm, that the Rules and Regulations under which they were considered and adjudicated, were declared null and void. Antilles Cement v. Hon. Luis Fortuño, et al., 670 F.3d 310 (1st Cir.2012)after briefing the U.S. Court of Appeals for the First Circuit, said Court upheld the constitutionality of Act No. 109 approved by the Puerto Rico Legislature, on July 12, 1985, as amended, under the market participant exception of the Dormant Foreign Commerce Clause, the first time said exception has ever been applied in the United States under said clause. R. Asset Portfolio 2013-1 International, LLC v. International Auto Body, 2019 PR App. LEXIS 204. The P.R. Court of Appeals confirmed a Resolution entered by the Court of First Instance in favor of the Firm’s client (PRAPI), confirming the recordation of a mortgage over an entire unsegregated parcel of land. Diquevestment Group Inc. v. Supermercados Econo Rial, Inc., 2018 PR App. LEXIS 2192. The P.R. Court of Appeals confirmed all but one of the economic remedies granted in favor of the Firm’s client by the Court of First Instance after a three week long trial. Scotiabank de P.R. v. Godwin Aldarond Girald, et al., 2014 PR App. LEXIS 3538 (P.R. Ct. App. Sept. 11, 2014). The Court of Appeals confirmed a Resolution entered by the Court of First Instance of Aguadilla, by which said court denied a request from defendants for the application of the litigious credit redemption (“retracto de crédito litigioso”) doctrine. Scotiabank de P.R. v. R.T.S.E., 2014 PR App. LEXIS 2471 (P.R. Ct. App. June 30, 2014). The Puerto Rico Court of Appeals confirmed a summary judgment entered by the Court of First Instance of Bayamón in favor of the Firm’s client (Scotiabank), granting all remedies requested in the Complaint, and dismissing with prejudice the totality of defendants’ counterclaims and affirmative defenses, including the doctrine of rebus sic stantibus and litigious credit redemption. Puerto Rico Wire Products v. Pipeliners of Puerto Rico, 2016 PR App. LEXIS 2463. The P.R. Court of Appeals confirmed a summary judgment entered by the Ponce Court of First Instance in favor of the Firm’s client, PRASA, dismissing with prejudice the collection claims filed by plaintiffs, a subcontractor, against the project’s owner (PRASA) for not being able to identify the projects in which they alleged to have supplied labor and materials. Western Holding Group, Inc. v. The Mayagüez Port Commission, 611 F.Supp.2d 149 (2009)successfully representing the private administrator of the Port of Mayagüez in a week-long injunction hearing before the District Court. The Court denied the injunctive relief requested by a port user. Marine Express, Inc., et al. v. Holland Group Port Investment (Mayagüez), Inc., 2010 WL 3724492 (TCA Núms. KLRA0900773; KLRA1000143; KLRA1000345; KLRA1000474)vacating multiple fines imposed by the Mayaguez Port Commission against the Port of Mayagüez’s Private Administrator, not recognizing the Port Commission as an administrative agency under the meaning of “administrative agency” found in the local Uniform Administrative Procedure Act. Holland Group Port Investment (Mayaguez), Inc. v. Comisión del Puerto de Mayagüez, 2009 WL 5947240 (TCA Núm. KLAN0901213)vacating additional and frivolous fines imposed by the Mayaguez Port Commission against the Port of Mayagüez’s Private Administrator, and not recognizing the Port Commission as an administrative agency capable of imposing fines under the definitions contained in the local Uniform Administrative Procedure Act.

Spanish and English

Puerto Rico Bar Association

American Bar Association

University of Puerto Rico, Río Piedras Campus (B.S. in Accounting, Cum Laude, 2002)

University of Puerto Rico, School of Law, San Juan, P.R. (J.D., 2005).