Marco A. Gonzalez, Jr.
Partner
Duane Morris LLP
One Riverfront Plaza
1037 Raymond Boulevard, Suite 1800
Newark, NJ 07102-5429
USA
Phone: +1 973 424 2018
Fax: +1 973 556 1132
Email:
MAGonzalezJr@duanemorris.com
Marco A. Gonzalez, Jr. practices in the areas of complex civil, compliance, environmental and construction litigation, internal corporate investigations and white-collar criminal defense. He defends clients in state and federal enforcement/compliance proceedings and counsels clients concerning their rights and obligations under federal environmental statutes, the Foreign Corrupt Practices Act, and the Food, Drug and Cosmetics Act. Mr. Gonzalez has also developed considerable experience representing clients in connection with the federal Freedom of Information Act (FOIA), New Jersey's Open Public Records Act and similar state sunshine laws.
A co-founder of the firm's Puerto Rico Practice Group, Mr. Gonzalez is admitted in the United States District Court for the District of Puerto Rico and has extensive experience representing clients in Puerto Rico and throughout the Caribbean. Mr. Gonzalez is also co-chair of the firm's growing Cuba Business Group, providing counseling and representation to companies in that emerging market under exemptions to the U.S. trade embargo and to help them to prepare for expanded trade with Cuba upon the lifting of the embargo.
Having served in the U.S. Marine Corps and as an Aircraft Structural Specialist on the F-117A Stealth Fighter Project for the former Lockheed-California Aircraft Company, Mr. Gonzalez brings a unique perspective to the practice of law.
Mr. Gonzalez is a past President and the current General Counsel of the Hispanic Bar Association of New Jersey.
Representative Matters
- 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 investigation. 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 U.S. Cuban Asset Control Regulations (CACRs).
- Represented large U.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.
- Obtained on behalf of the Latin American Coalition, Inc., 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 U.S. to book air travel to and from Cuba.
- Represented pharmaceutical company in New Jersey against New Jersey Dept. 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 records.
- Represented U.S.-based touring company in securing license by OFAC for people-to-people travel to Cuba.
- Negotiated consent decree for a NJ food company in FDA enforcement action concerning allegations of non-compliance with the Federal Food, Drug and Cosmetics Act.
- Represented electrical components/connectors manufacturer in WARN and Puerto Rico Law 100 action in the U.S. District Court for the District of Puerto Rico brought by dozens of former employees who alleged improper termination and plant closure.
- Represented U.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, Inc.
- General Counsel, 2011-2013 - New Jersey Hispanic Bar Foundation
- Trustee, 1998-present - Co-chair, CLEs, Convention Planning Committee, Hispanic National Bar Association, N.Y. City Convention, 2004
- Hispanic Bar Association of New Jersey, Inc.
- President, 1997-1998 - Essex County Bar Association
- Co-Chair, Membership Committee, 1997-1998 - New Jersey State Bar Association
- Judicial Administration Committee, 1996-1998
Admissions
- Supreme Court of New Jersey
- U.S. District Court for the District of New Jersey
- U.S. District Court for the District of Puerto Rico
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Third Circuit
Education
- Rutgers School of Law - Newark, J.D., 1991
- Hunter College, B.A., 1988
Experience
- Hispanic Bar Association of New Jersey
- President, 1997-1998 - Hannoch Weisman, P.C., Roseland, New Jersey
- Associate, 1996-1999 - Pitney, Hardin, Kipp & Szuch, Morristown, New Jersey
- Associate, 1991-1996 - United States Marine Corps Reserve
- Duane Morris LLP
- Partner, 2004-present
- Associate, 1999-2003
Board Memberships
- Essex Network Legal Services, Inc., 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
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 U.S.-Cuba Telecommunications Revolution on the Horizon?" May 13, 2009
- Profiled in "Marco A. Gonzalez, Jr.: Taking the Hill," Diversity & the Bar, November/December 2008, Vol. 10, No. 6
Selected Speaking Engagements
- 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, 2008
- Speaker, "The Legal Nuts & Bolts of Doing Business in the Dominican Republic," Hispanic Bar of N.J. Annual CLE Conference, Punta Cana, Dominican Republic, May 2006
- Legal Analyst, MSNBC, Palm Beach County Voting Recount Trial, Presidential Election, December 2000
- Co-Presenter, "Nuts & Bolts of Internal Investigations," National Hispanic Bar Association Annual Conference, Philadelphia, Pennsylvania, October 18, 2001
- 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













