Leading Business Litigation and Transaction Law Firm

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Robert Zarco

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Biography

Robert graduated with a Bachelor's degree in Economics from Harvard University. He entered the management training program at General Motors Corporation in New York, and concentrated in the area of accounting, financial analysis, budgeting and planning. He studied concurrently at Pace University Graduate School of Business. Since graduating from the University of Miami School of Law in 1985, Robert has worked principally in the area of complex commercial/civil litigation and arbitration as an associate and partner at major downtown Miami law firms and in his own practice. He represents franchisees, distributors and major corporations, in matters involving litigation over franchisee/franchisor relationships, corporate law, contract disputes, business fraud and commercial torts, construction defects, trademark disputes, and many other types of commercial/civil litigation in both the federal and state courts domestically and internationally.

Robert has earned national and international recognition in the area of franchise litigation by representing franchisees throughout the world including Mexico, France, Holland, Germany, Australia, New Zealand, Portugal, and the Caribbean in disputes involving major franchise systems including McDonald's, Burger King, Dunkin' Donuts, 7-Eleven, Arby's, Kentucky Fried Chicken, Tony Roma's, Coca-Cola, Decorating Den, Miami Subs, T.G.I. Friday's, Manhattan Bagel Co., Blimpie's, Pepsico Inc., Kenny Rogers Roasters, Holiday Inn Hotels, Best Western Hotels, Quality Inn Hotels, Ramada Hotels, Johnny Rockets, T.C.B.Y., Little Caesar's Pizza, and Hot N' Now, among others. Robert has provided expert testimony before various state legislatures and actively lobbies both state and federal congressmen, representing the franchisees' interests and promoting the enactment of "Fair Franchising" legislation.

Robert travels nationwide presenting lectures on topics vital to franchisees such as the 7-Eleven Independent Franchisees held in Arizona, Oregon, New Jersey, Nevada, Illinois and Michigan, The American Franchisee Association Annual Convention in Nevada, The Florida Restaurant Franchisee Association in Florida, The Kentucky Fried Chicken Independent Franchisees in Georgia, The Radio Shack Dealer's Association in Nevada, The White House Conference on Small Businesses in Washington, D.C., The Denny's Franchisee Association in Arizona and The American Franchisee Association in Nevada.

Robert has also appeared on radio and television programs, including CNBC "Minding Your Business," CNBC "How To Succeed In Business," PBS "Nightly Business Report," CNN "Chicago Bureau," PBS "Your Financial Future with Jonathan 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.

Robert is a member of the American, Florida and Dade County Bar Associations, as well as, the Academy of Florida Trial Lawyers and Association of Trial Lawyers of America. Robert is admitted to practice before 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 other jurisdictions nationwide on a special appearance basis.

Robert has served on the City of Miami Beach Budget Advisory Committee; has served on several committees and boards for the Greater Miami Jewish Federation; is on the Board of Directors of Temple Menorah; an affiliate of the American Franchisee Association; and a member of the Beacon Council. He has been named as a delegate to the White House Conference on Small Businesses. Robert is also active in other professional, civil and community organizations. He is fluent in English and Spanish.

Current Employment Position

  • Founding Partner

Practice Areas

  • Business & Commercial Law
  • Estate Planning
  • Family Law
  • Litigation & Appeals
  • Real Estate Law
  • Arbitration
  • Franchising

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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