Leading Business Litigation and Transaction Law Firm

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Robert Zarco

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Biography

Robert Zarco, Founding Partner of Zarco, Einhorn, Salkowski, & Brito, P.A., has been at the forefront of protecting the legal rights and interests of business clients in the USA and internationally for over 35 years, handling complex commercial trials, legal transactions, disputes and other litigation in Federal and State Courts, as well as Arbitration and Mediation.  A very well-known and experienced aggressive and creative Trial Lawyer and negotiator, Zarco is frequently awarded legal industry distinctions including “Lawyer of the Year” in 2020 for Franchise by Best Lawyers of America©, “Top Dealmakers of the Year” for Real Estate by Daily Business Review, Most Effective Real Estate Lawyer in S. Florida, “Legal Eagle” by Franchise Times, “South Florida’s Top Lawyers” by Miami Herald, “Top Attorneys in Florida”, and one of Florida’s “Super Lawyers”.  The Firm is repeatedly listed in U.S. News and World Report among “Best Law Firms” by Best Lawyers of America ©, listed in the Bar Register of Preeminent Lawyers and has an AV Preeminent Rating from Martindale-Hubbell.

Mr. Zarco leads a team of experienced attorneys who have a long track record of helping franchises and other businesses form, manage, grow, restructure, exit, and defend their legal transactions and disputes, including but not limited to real estate, insurance, intellectual property, employment, and so much more.  Robert Zarco is especially renowned by the legal world nationwide as a trial lawyer and advocate for franchisees in all aspects of franchise law, and argues for clients nationally in many state and federal courts.  He also actively lobbies federal congresspersons and state legislators representing the franchisees’ interests and promoting the enactment of “Fair Franchising” legislation among their other business interests. 

Mr. Zarco travels extensively lecturing and teaching seminars on vital legal business issues and topics to attorneys, business organizations, franchisee associations, franchisors, universities, the American Bar Association (ABA), the International Franchise Association (IFA), the Coalition of Franchisees Association (CFA), the Academy of Florida Trial Lawyers, the Association of Trial Lawyers of America, and many others.  Broadly recognized as one of the nation’s top franchise trial lawyers, Robert Zarco has provided professional testimony before various state legislatures including California (“Why Venue Provisions in Franchise Agreements Must be Void as a Matter of Law”), Maryland (“The Way to Bring Fairness to Franchising”), Arizona (“The Necessity of Franchise Legislation”), Connecticut (“The Benefits of Enacting Franchise Legislation”), and New York (“From Litigation to Legislation – Leveling the Playing Field Between Franchisees and Franchisors”).  Additionally, Mr. Zarco travels nationwide presenting lectures on topics vital to franchisees and has appeared on radio and television programs, including CNBC “Minding Your Business,” CNBC “How To Succeed In Business,” PBS “Nightly Business Report,” “Your Financial Future with Jonathon Pond,” “The Judy Jarvis Show,” and CBS “Eye To Eye with Connie Chung,” to provide expert commentary on specific franchise cases, and franchising in general.  Mr. Zarco has also published articles including “Practical Aspects of Franchisee Representation; Alternative Dispute Resolution: Which Method is Best for Your Client,” “Know Your Legal Rights,” and “Tips for the Franchisee in Pursuit of the American Dream.” He has authored and been quoted in a multitude of magazine and newspaper articles and videos and has appeared on several radio and television programs, throughout the United States and internationally, in order to provide professional commentary on a variety of business issues and trends in general, as well as on specific legal cases which the firm has handled in which the rulings have served as important legal precedents for the franchise community. 

Robert Zarco graduated from Harvard University with a Bachelor’s degree in Economics.  He further developed his extensive background in business, accounting and finance during his employment at General Motors Corp in New York as a management level Financial Analyst, while simultaneously attending Pace University Graduate School of Business MBA Finance program in New York.  Zarco developed a great curiosity for the Law and ultimately graduated from the University of Miami School of Law.  Mr. Zarco is admitted to practice before the U.S. Supreme Court, the Florida Supreme Court, the U.S. District Court for the Southern District of Florida, the U.S. District Court for the District of Arizona, U.S. Court of Appeals for the Eleventh Judicial Circuit and federal courts in many other jurisdictions on a special appearance basis, just to name a few.

With Zarco as Founder and Senior partner, the firm has earned significant victories for clients, and has established legal precedents which have paved the way for courts to understand the complexities of the franchise relationship in particular. Zarco Einhorn Salkowski & Brito, P.A. has been repeatedly in the forefront of important franchise law issues, such as encroachment/cannibalization, breach of the implied covenant of good faith and fair dealing, fraud in the inducement, fraudulent concealment, and breach of contract, in addition to statutory violations of state and federal franchise laws. 

Zarco Einhorn Salkowski & Brito, P.A. represents franchisees from over 500 brands in more than 40 states and 20 countries on disputes against major franchise systems in the hotel, restaurant, dealership, and other service industries. Past and present clients include franchisees of Holiday Inn, Days Inn, Howard Johnson, Best Western, Ramada, Quality Inn, Planet Fitness, Harley Davidson, McDonald’s, Burger King, Subway, Wendy’s, Dunkin’ Donuts, Arby’s, Kentucky Fried Chicken, Tony Roma’s, Miami Subs, Pizza Hut, Johnny Rockets, T.C.B.Y., Haagen Dazs, Checkers, Rally’s, TGI Friday’s, Hard Rock Café, Fat Tuesdays, Little Caesars’, Jack-in-the- Box, Denny’s, Bonanza, Manhattan Bagel, Subway, Blimpie, Schlotzsky’s, 7-Eleven, Coca-Cola, PepsiCo, Decorating Den, Oil Express, Corner Bakery, Moe’s Southwest Grille, Coldstone Creamery, Carl’s Jr., Camp Bow Wow, Carvel, Chevron, Hair Club for Men, Domino’s, Papa John’s. Golden Corral, Naked Pizza, Papa Murphy’s, Red Brick Pizza, Payless Car Rental, Remax, Sotheby’s, Smoothie King, Steak & Shake, Tutor Time, Wolfgang Puck and ServPro, among many many others.  Mr. Zarco and the Firm have also represented Franchisee Associations including 7-Eleven, TCBY, Johnny Rockets, Little Caesars, Wood You Furniture, Roto-Rooter, Papa John’s, Massage Envy, Edible Arrangements, among many others.

Fluent in the Spanish language, Robert was born in Cuba and came to New York with his parents in 1961 at the age of 2, fleeing Communism and leaving all material possessions behind. The sacrifices of his parents combined with Robert’s personal drive, determination, and hard work led him to great achievements.  Beginning at the age of 7 as an entrepreneur in the landscape business, he converted his substantial earnings into a real estate investment to buy his first rental property as a college freshman.  As a Community Leader and Philanthropist, Zarco has served on the Board of Trustees for the Public Health Trust/Jackson Health System, as well as in the University of Maryland Board of Trustees.  He supports many charitable causes that are dear to his heart such as The Jewish Federation, AIPAC, Rambam Hospital in Israel, Israel Bonds, and Temple Menorah among many others.  Robert is an avid yachtsman who loves the outdoors, boating, and being out in the open water; he is also an amateur Chef, hosting parties and fund-raisers for many great causes.  Zarco loves to collect automobiles and displays his new art collection at the law firm’s luxurious new offices in Downtown Miami. Together with his family and three grown children, Robert loves to travel and lives his life to the fullest.  He truly lives by the mottos he cherishes most: “Work hard, Play hard” and “Live, Learn, Love, and Laugh”.

 

 

Current Employment Position

  • Founding Partner

Practice Areas

  • Franchise Law
  • Complex Business & Commercial Law
  • Commercial Trial Lawyer
  • Business Litigation & Disputes
  • Appeals, Arbitration & Mediation
  • Real Estate & Insurance Disputes Resolution and Litigation
  • Intellectual Property Disputes Resolution & Litigation
  • Employment Law Disputes Resolution & Litigation

Honors

  • "Lawyer of the Year" by Best Lawyer's, Franchise Law, 2020
  • Best Lawyers of America – Franchise Law, 2013-2020
  • Florida Super Lawyers – 2006-2019
  • Legal Eagles – Litigation, Franchise Times, 2008-2019
  • The International Who’s Who of Franchise Lawyers, 2011-2015
  • “AV” Peer Rating, Martindale-Hubbell, 1995-2015
  • “Bar Register of Preeminent Lawyers”, Lexis Nexis
  • Top Attorneys- Best in Class, Franchise Times
  • Top Attorneys in Florida – “Franchise/Dealership Law”
  • Very Best U.S. Attorneys in Franchising 2013
  • Top Lawyer, South Florida Legal Guide
  • Top Deal Maker of the Year – Real Estate
  • Florida Trend’s “Florida’s Legal Elite 2013″
  • Deal Maker End of Year “Franchise Law” – Annual Award, 2013
  • Haute Lawyer- Commercial, Franchise & Trial Lawyer
  • Top IMPACT Legal Leaders
  • “High- Flying Franchise Attorneys”, Franchise Times Magazine
  • “Top Franchise Attorneys’ – Top Legal Minds in the Business”, Franchise Times
  • Power Player, South Florida Business Leader Magazine
  • Top Attorneys in the Franchise Sector
  • Legal Elite, Florida Trend Magazine
  • Most Effective Lawyers of South Florida- Real Estate
  • “Top Lawyers in Franchise”, South Florida Legal Guide, 2009-2010
  • Key Partners Award, South Florida Business Journal Magazine
  • AV Rating for Preeminent Lawyers, Lexis Nexis
  • South Florida’s Top Lawyers, Miami Herald
  • “Top Franchise Lawyers” – The Best Lawyers in America
  • “Best Lawyers in Franchise” – South Florida’s Best Lawyers
  • “Highest Rating in Legal Ability & Ethical Standards”, Lexis Nexis
  • Florida’s Top Lawyers – Franchise Law
  • “Top Franchisees and Automotive Dealerships Lawyer”, South Florida Legal Guide
  • Top Attorneys in Florida, Florida Super Lawyers
  • National Register’s Who’s Who in Executives & Professionals 2005-2006 Edition
  • “The only Franchise Lawyer listed as one of “South Florida’s Top lawyers”, South Florida Legal Guide
  • “Zarco Einhorn Salkowski & Brito, P.A. as one of South Florida’s Top Law Firms”, South Florida Legal Guide
  • “South Florida’s Top Lawyers”, Miami Metro Magazine

Classes & Seminars

  • "Franchise Relationship Laws In US Territories", U.S. Hispanic Chamber of Commerce's "Franchising Today" Orientation Seminar, Caguas, Puerto Rico, 01/22/2003 to 01/22/2003
  • "The Ten Most Dangerous Provisions In A Franchise Agreement", Florida Bar Franchise Seminar, Miami, FL, 01/17/2003 to 01/17/2003
  • "Financial Management Of A Franchised Business And The Role Of The CPA", The Cuban American CPA Association, Miami, FL, 10/30/2002 to 10/30/2002
  • "Franchising Today: Exploring New Markets & New Opportunities", The United States Hispanic Chamber of Commerce, Los Angeles, CA, 10/19/2002 to 10/19/2002
  • "The 10 Most Dangerous Contract Clauses In The Hardee's Franchise Agreement", The Hardee's Convention, Miami, FL, 10/06/2002 to 10/06/2002
  • Florida International University Graduation Commencement Speaker
  • 2017, February 24. “Alternative Fee Arrangements”, Inaugural Corporate Counsel Summit, Coral Gables, FL.
  • 2016, November 10. “Where to Draw the Line – Is your Franchise Agreement an Unconscionable, Illusory Contract?”, 39th Annual ABA Forum on Franchising, Miami Beach, FL
  • 2016, May 4. “NLRB Decision: Joint Employer”, 7-Eleven Franchisee National Coalition Conference, Fort Lauderdale, FL.
  • 2016, February 26. “Arbitration – An overview as to matters that should be considered by a practitioner when determining whether to arbitrate a case, as well as practice tips on effective ways to handle different aspects litigation.”, Bench & Bar Arbitration Panel Presentation, Miami, FL.
  • 2015, December 14. “Launching into the World”, Florida International University Commencement Ceremony, Miami FL.
  • 2015, October 8-11. “Legal implications of the recent National Labor Relations Board decision on franchisors, franchisees and franchising in general”, 56th Annual HADA convention, Maui, HI
  • 2015, September 21-22. “Joint- Employer: What it really Means for You and Franchisors”, 2015 DDIFO National Conference, Las Vegas, NV
  • 2015, March 24-25. The CFA, Washington, DC
  • 2015, February 26. “Affordable Care Act – The Employer Mandate in Summary”, DDIFO District Member Meeting, Orlando, FL
  • 2014, October 15-17. “The 7 Most Significant Franchise Cases of all Time”, 37th Annual ABA Forum on Franchising, Seattle, WA
  • 2014, October 9-12. “Hawaii’s Motor Vehicle Industry Licensing Act” , 55th Annual HADA Convention, Wailea, HI
  • 2013, May 5-9. “Alternatives to Default: Managing Underperforming Franchisees”, 46th Annual IFA Legal Symposium
  • 2010, November. Lecture: University of Maryland
  • 2009, October. “Franchise Litigation”, ABA Forum on Franchising, Toronto, ON, Canada
  • 2009, May 30-31. “Tips for Franchisees in Pursuit of the American Dream”, Franchise & Business Opportunities Expo, Ft. Lauderdale, FL
  • 2009, June. “Tips for the Franchisee In Pursuit of the American Dream”
  • 2009, March. “Guest satisfaction Still First Priority for hospitality Industry in Weathering Challenging Economic Times”
  • 2009, February. “Creative Strategies for Franchise Businesses to Navigate Challenging Economic Times”
  • 2006, October 11-13. “The Practical Considerations on Litigation Franchise Disputes” ABA 29th Annual Forum on Franchising, Boston, MA
  • 2006, February 9-12. “Investing in a Hotel Franchise”, National Society of Minorities in Hospitality, Dallas, TX
  • 2005, March 24-25. “Maximizing your Franchise Agreement”, 2005 AAHOA Annual Convention & Trade Show, Ft. Lauderdale, FL
  • 2004, November 5. “Understanding the UFOC and Franchise Laws”, Hampton Roads Franchise Roads Expo 2004, Hampton, VA
  • 2004, September 8. “Getting the Most of the Franchisor/Franchisee Relationships”, Tennessee Hospitality Alliance Exposition with Tennessee Restaurant Association, Nashville, TN
  • 2004, August 6. “Benefits of a Franchise Association & Medicine Shoppe Franchise”, Pharmacy Franchise Owner Association, Anaheim, CA
  • 2004, January 22. “Hospitality Franchising Issues”, Conrad N. Hilton College, University of Houston, Houston, TX
  • 2003, September 22. “Lawsuit Trends and Thoughts on Avoiding Litigation”, Multi-Unit Food Service Operators Conference, Atlanta, GA
  • 2003, June 12. Nova’s Fast Track MBA Training in Franchise Management – International Institute of Franchise Education, H. Wayne Huizenga School of Business & Entrepreneurship, Nova Southeastern University, Davie, FL
  • 2003, June 3. “Franchising Today UFOC Night”, U.S. Hispanic Chamber of Commerce’s “Franchise Today”, Orientation Seminar, New York, NY
  • 2003, April 9. “Franchising Today UFOC Night”, U.S. Hispanic Chamber of Commerce’s “Franchising Today”, Orientation Seminar, Orlando, FL
  • 2003, January 22. “Franchise Relationship Laws In US Territories”, U.S. Hispanic Chamber of Commerce’s “Franchising Today” Orientation Seminar, Caguas, Puerto Rico
  • 2003, January 17. “The Ten Most Dangerous Provisions In A Franchise Agreement”, Florida Bar Franchise Seminar, Miami, FL
  • 2002, October 30. “Financial Management Of A Franchised Business And The Role Of The CPA”, The Cuban American CPA Association, Miami, FL
  • 2002, October 19. “Franchising Today: Exploring New Markets & New Opportunities”, The United States Hispanic Chamber of Commerce, Los Angeles, CA
  • 2002, October 6. “The 10 Most Dangerous Contract Clauses In The Hardee’s Franchise Agreement”, The Hardee’s Convention, Miami, FL
  • 2000, April. “The Top Ten Issues Facing Hotel Counsel”
  • 2000, Convention. Fairness and Good Faith and McDonald’s Remodeling Requirements.
  • 2000, April. Alternatives in Resolving Franchisor– Franchisee Disputes— Part One: The Mediation Option
  • 2000, March. “Liquidated Damages Clauses – Do You Always Have to Pay?”
  • 2000, February. The American with Disabilities Act–An Overview for Franchisees in the Lodging Sector
  • 2000, January. Premises Liability– Is the Franchisor or Franchisee Responsible When a Guest is Injured on Hotel Property
  • 1999, December. To Pay or Not to Pay…(Royalties)…That is the Question.
  • 1999, November. Part II of the Most Potentially Dangerous Contract Clauses in Your Franchise Agreement
  • 1999, September. Ten of the Most Dangerous Contract Clauses Which May Be in Your Franchise Agreement
  • Know Your Legal Rights.
  • Practical Aspects of Franchisee Representation Alternative Dispute Resolution: Which Method is Best for Your Client
  • The Sounds of Silence in the Franchise Agreement, co-author with Lawrence V. Ashe, Franchise Law Journal, vol. 19, no. 1, American Bar Association

Pro-Bono Activities

  • City of Miami Beach Budget Advisory Committee
  • Several committees for Greater Miami Jewish Federation
  • Board of Directors of Temple Menorah
  • Affiliate of American Franchisee Association
  • Member of Beacon Council
  • Delegate to White House Conference on Small Businesses
  • University of Maryland Board of Trustees
  • Jackson Memorial Hospital/Public Health Trust Governing Board of Trustees

Published Works

  • Tips for the Franchisee in Pursuit of the American Dream
  • Know Your Legal Rights
  • Practical Aspects of Franchisee Representation Alternative Dispute Resolution: Which Method is Best for Your Client (Co-Author)
  • The Sounds of Silence in the Franchise Agreement, co-author with Lawrence V. Ashe, Franchise Law Journal, vol. 19, no. 1, American Bar Association
  • Fairness and Good Faith and McDonald's Remodeling Requirements, Consortium Members Inc. Equity Forum, A Publication for McDonald's Franchisees, 2000

Professional Associations

  • American Bar Association, Member
  • Florida Bar Association, Member
  • Dade County Bar Association, Member
  • Academy of Florida Trial Lawyers, Member
  • Association of Trial Lawyers of America, Member
  • American Bar Association Franchise Forum
  • American Franchisee Association
  • Cuban American Bar Association
  • Dade Country Trial Lawyers Association
  • Federal Trial Bar Association
  • Federal Bar Association
  • Florida Justice Association

Languages

  • English
  • Spanish

Education

  • University of Miami School of Law, Coral Gables, Florida
    • J.D., Doctor of Jurisprudence - 1985
  • Harvard University, Cambridge, Massachusetts
    • B.A., Bachelor of Arts
    • Major: Economics

Bar Admissions

  • Florida
  • U.S. District Court Southern District of Florida
  • U.S. District Court District of Arizona
  • U.S. Court of Appeals 11th Circuit
  • U.S. Supreme Court
  • Supreme Court of Florida
  • U.S. District Court Middle District of Florida
  • U.S. District Court Western District of Michigan
  • U.S. District Court Eastern District of Wisconsin
  • U.S. District Court District of Colorado
  • U.S. Court of Appeals 9th Circuit
  • U.S. Court of Appeals 8th Circuit
  • U.S. Court of Appeals 5th Circuit
  • U.S. Court of Appeals 1st Circuit
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