Frank is a trial lawyer with more than 15 years of experience representing companies and individuals in a variety of complex domestic and international disputes. Frank has represented numerous Fortune 100 companies, serving in a number of capacities from pre-trial counselor to trial and appellate counsel. In addition to trying cases, Frank often provides strategic advice to trial teams and handles legal arguments in high-stakes trials, including in the most plaintiff-friendly venues in the United States. He frequently develops new and creative arguments and has achieved a number of significant victories—including dismissal of his clients before trial in some cases, favorable evidentiary rulings and jury instructions during trial in others. In addition to his U.S.-based trial practice, Frank also represents foreign and domestic corporations in arbitrations throughout the world. He is familiar with and has participated in arbitrations administered pursuant to the rules of a number of arbitral bodies.

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Frank is a frequent writer and commentator on a broad array of legal issues, including enforcement of arbitral awards under the New York Convention, the Alien Tort Statute, discovery in international litigation, Article III standing in U.S.-based class actions, federal preemption, the scope and application of the Class Action Fairness Act (CAFA) and punitive damages.

Frank’s experience includes:

  • lead co-counsel for claimants, a U.S. construction company and its CEO, in a multimillion-dollar investment dispute arbitration under ICSID rules;
  • lead counsel for a major chemical company in international commercial arbitration under the rules of the International Center for Dispute Resolution; 
  • obtained summary judgment on behalf of an infrastructure management company engaged in a contract dispute presenting an issue of first impression under Florida law;
  • the representation of a manufacturer of a hip replacement system in federal litigation;
  • the representation of diet drug and contact lens solution manufacturers in Florida state courts;
  • national counsel and trial counsel for a major tobacco industry client in cases pending in Florida state and federal courts;
  • national counsel for a major tobacco industry client in lawsuits filed in Florida state court by flight attendants alleging injuries from exposure to secondhand smoke onboard airplanes;
  • amicus curiae appellate briefs on behalf of national trade associations in numerous cases pending in the Florida intermediate appellate courts and Florida Supreme Court.


Publications

Frank Cruz-Alvarez and Erica E. McCabe, Decision’s Permissive Standing Analysis Tags Ninth Circuit as Favorable Forum for Data-Related Suits, The Legal Pulse (Washington Legal Foundation), March 16, 2018.

Frank Cruz-Alvarez & Erica E. McCabe, On Issue of First Impression, Fifth Circuit Applies CAFA in Mass-Tort Cases to Deny Remand, The Legal Pulse (Washington Legal Foundation), January 25, 2018.

Frank Cruz-Alvarez & Rachel Forman, Eighth Circuit Finds Standing, but Ultimately Rejects Claims, in Data-Breach Suit, The Legal Pulse (Washington Legal Foundation), October 24, 2017. 

Frank Cruz-Alvarez & Rachel Canfield, Because of "Winn-Dixie"?: Uncertainty over ADA's Applicability to Websites Deepens, The Legal Pulse (Washington Legal Foundation), July 11, 2017. 

Frank Cruz-Alvarez & Talia Zucker, Past Preemption Opinions May Indicate Newest Justice's Pull on Court's Statutory-Construction Tug-of-War, Legal Opinion Letter (Washington Legal Foundation), June 16, 2017. 

Frank Cruz-Alvarez & Rachel A. Canfield, Supreme Court Addresses Judges' Inherent Sanction Authority in "Goodyear v. Haeger,"  The Legal Pulse (Washington Legal Foundation), April 26, 2017.

Frank Cruz-Alvarez & Rachel Forman, Fourth Circuit: Unsubstantiated Risks Related to Data Breach Insufficient for Article III Standing, The Legal Pulse (Washington Legal Foundation), March 24, 2017.

Frank Cruz-Alvarez, Cahen v. Toyota Motor Corporation, On The Merits (Washington Legal Foundation), December 16, 2016.

Frank Cruz-Alvarez & Ravika Rameshwar, Federal Court in NY Cites Obstacle Preemption in Dismissing State-Law Fraud Suit Against Organic Producer, The Legal Pulse (Washington Legal Foundation), September 22, 2016.

Frank Cruz-Alvarez & Rachel Forman, Second Circuit Upholds Decertification of Class Action After Jury Award, The Legal Pulse (Washington Legal Foundation), August 9, 2016.

Frank Cruz-Alvarez & Rachel A. Canfield, Supreme Court Observations: Tyson Foods, Inc. v. Bouaphakeo, The Legal Pulse (Washington Legal Foundation), April 13, 2016.

Frank Cruz-Alvarez & Rachel A. Canfield, The Future of Class-Action Litigation in a Post-Scalia World, The Legal Pulse (Washington Legal Foundation), March 10, 2016.

Frank Cruz-Alvarez & Rachel A. Canfield, DirecTV Inc. v. Imburgia: The Supreme Court’s Latest Word on Arbitration and Federal Preemption, The Legal Pulse (Washington Legal Foundation), December 22, 2015.

Frank Cruz-Alvarez & Rachel A. Canfield, District Court Tosses $15 Billion Facebook Tracking Class Action, The Legal Pulse (Washington Legal Foundation), November 4, 2015.

Frank Cruz-Alvarez, Jennifer Voss, Jared Sherr & Talia Zucker, Federal Preemption: Origins, Types and Trends in the U.S. Supreme Court, Washington Legal Foundation Monograph, Oct. 2015.

Frank Cruz-Alvarez & Rachel A. Canfield, Ninth Circuit Limits CAFA’s “Single Local Event” Exception and Broadens Removal of Mass Actions, The Legal Pulse (Washington Legal Foundation), June 9, 2015.

Frank Cruz-Alvarez & Rachel A. Canfield, Ninth Circuit Thwarts Plaintiffs' Efforts to Evade Removal Under CAFA, The Legal Pulse (Washington Legal Foundation), Dec. 1, 2014.

Frank Cruz-Alvarez & Talia Zucker, Eighth Circuit Creates New Class Action Fairness Act Requirement, Sends Case to State Court, The Legal Pulse (Washington Legal Foundation), Apr. 16, 2014. 

Frank Cruz-Alvarez & Travis Robert-Ritter, Ninth Circuit Ruling Rejecting Preemption in Food Labeling Class Action Difficult to Swallow, The Legal Pulse (Washington Legal Foundation), Feb. 24, 2014. 

Frank Cruz-Alvarez & Travis Robert-Ritter, Sixth Circuit Affirms Preemption Defense in Suit against Branded and Generic Drug Companies, The Legal Pulse (Washington Legal Foundation), Jan. 2, 2014. 

Frank Cruz-Alvarez & Talia Zucker, Third Circuit Reaffirms “Rigorous Analysis” for Ascertaining Class Members Under Rule 23, The Legal Pulse (Washington Legal Foundation), Sept. 3, 2013. 

Frank Cruz-Alvarez & Jared Sherr, U.S. Supreme Court to Rule on Class Action Fairness Act’s “Mass Action” Provision, The Legal Pulse (Washington Legal Foundation), June 10, 2013. 

Frank Cruz-Alvarez, Supreme Court Observations: Standard Fire Ins. Co. v. Knowles, The Legal Pulse (Washington Legal Foundation), Mar. 22, 2013. 

Frank Cruz-Alvarez & Talia M. Zucker, Will ‘Sea Change’ in Florida Class Action Standards Unleash a Flood of Suits?, The Legal Pulse (Washington Legal Foundation), Feb. 19, 2013. 

Frank Cruz-Alvarez & Talia M. Zucker, The Food Court Stays Open: Preemption Defense in Food Labeling Class Action Rejected, The Legal Pulse (Washington Legal Foundation), Dec. 12, 2012. 

Frank Cruz-Alvarez & Jared Sherr, Courts Reject States’ Drug Pricing "Regulation Through Litigation," The Legal Pulse (Washington Legal Foundation), Aug. 14, 2012.

Frank Cruz-Alvarez & Talia Zucker, Kentucky’s Use of Contingent-Fee Counsel in Vioxx Suit Questioned in Court, The Legal Pulse (Washington Legal Foundation), Apr. 16, 2012. 

Frank Cruz-Alvarez & Talia Storch, "No Injury" Class Action Plaintiffs Found to Lack Legal Standing, Washington Legal Foundation Legal Opinion Letter, Sept. 9, 2011.

Frank Cruz-Alvarez & Laura E. Wade, Second Circuit Correctly Interprets the Alien Tort Statute: Kiobel v. Royal Dutch, 65 U. Miami L. Rev. 1109 (2011).

Frank Cruz-Alvarez & Alexandra Bach Lagos, Court Ruling Offers Case Study In Proper Proximate Cause Analysis, Washington Legal Foundation Legal Opinion Letter, Jan. 14, 2011.

Luis Perez & Frank Cruz-Alvarez: 28 U.S.C. § 1782: The Most Powerful Discovery Weapon In The Hands Of a Foreign Litigant, 5 FIU L. REV. 177 (2010).

Luis Perez, Frank Cruz-Alvarez, Salo Kozolchyk & Mark Schweikert, Collecting on Your Winnings: Recognition and Enforcement of Foreign Arbitral Awards, 24:2 International Law Quarterly (The Florida Bar), Winter/Spring 2009, at 8, 45. 

Mark A. Behrens & Frank Cruz-Alvarez, Rhode Island Supreme Court Joins Other State Courts in Rejecting Product-Based Public Nuisance Claims, Class Action Watch (Federalist Society for Law & Public Policy Studies), Oct. 2008, at 5. 

Luis A. Perez, Frank Cruz-Alvarez & C. Ryan Jones, North Meets South: Figuring out the Discovery Puzzle in International Commercial Arbitrations, 23:2 International Law Quarterly (The Florida Bar), Winter 2008, at 4, 24. 

Kenneth J. Reilly & Frank Cruz-Alvarez, Has the Eleventh Circuit Set a New Standard for Federal Diversity Jurisdiction?, Class Action Watch (Federalist Society for Law & Public Policy Studies), Sept. 2007, at 5. 

Mark A. Behrens & Frank Cruz-Alvarez, Premises Owner Liability for Secondhand Asbestos Exposure: The Next Wave?, 7:2 Engage – The J. of the Federalist Society’s Prac. Groups, Oct. 2006, at 145. 

Mark Behrens & Frank Cruz-Alvarez, State-Based Medical Criteria Legislation Is Making a Difference, Washington Legal Foundation Legal Opinion Letter, Aug. 4, 2006.

Mark Behrens & Frank Cruz-Alvarez, A Potential New Frontier in Asbestos Litigation: Premises Owner Liability for “Take Home” Exposure Claims, Mealey's Litigation Report: Asbestos, July 5, 2006.