Robert Zarco

Founding Partner

 

(305) 374-5418
(305) 374-5428
Miami Tower
100 Southeast 2nd Street
27th Floor
Miami, Florida 33131-2193

Best Lawyers Award Badge

Robert Zarco is the Founding Partner of the Miami-based boutique law firm of Zarco Einhorn Salkowski & Brito, P.A. Mr. Zarco has earned international recognition as an excellent and experienced trial and business lawyer in the areas of Franchise, Hospitality, Dealership, Trademark, Commercial and Real Estate law. The firm represents clients nationally and internationally in complex disputes and transactions.

Mr. Zarco has been recognized as a renowned legal expert in franchise law by many federal and state courts and various state legislatures. He actively lobbies both federal and state congressmen, representing the franchisees’ interests and promoting the enactment of “Fair Franchising” legislation. Mr. Zarco travels worldwide lecturing to numerous franchise associations, business organization, universities and teaching seminars on vital franchise hospitality and dealership legal issues and topics to attorneys, franchisees and franchisors. He has authored and been quoted in numerous magazine and newspaper articles as a legal business and legal authority on franchising issues and has appeared several on radio and television programs throughout the United States and internationally, in order to provide expert commentary on franchising and other 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 precedent for the franchise community.

Mr. Zarco has an extensive background in business, accounting and finance commencing before he graduated from Harvard University with a Bachelor’s degree in Economics. He further developed this experience during his employment at General Motors in New York as a management level Financial Analyst, while he simultaneously attended Pace University Graduate School of Business in New York. Mr. Zarco later graduated from the University of Miami School of Law.

Mr. Zarco is an avid speaker and active participant of the American Bar Association’s Forum on Franchising, International Franchise Association (IFA) as well as the Academy of Florida Trial Lawyers and the Association of Trial Lawyers of America. Robert has authored and published many articles and papers on various Franchise and other business topics.

Mr. Zarco is listed in the Bar Register of Preeminent Lawyers and has an AV Preeminent Rating from Martindale-Hubbell. He has also been selected by his peers as one of “The Best Lawyers in America”, “The Top Attorneys in Florida”, “A Legal Eagle In Franchising”, “Top Franchise Attorney” from numerous publications, as well as one of South Florida’s Top Lawyers, and one of Florida’s Super Lawyers among many other awards and recognitions.

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.

Education

  • University of Miami School of Law, J.D., 1985
  • Harvard University, B.A., 1980
  • Attended Pace University Graduate School of Business

Civic & Community Distinctions

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

Published Works & Lectures

  • 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”
  • 2008, October. “Franchisees: Cutting Service & Quality Not the Answer During Challenging 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 Franchsie Agreement”, 2005 AAHOA Annual Convention & Trade Show, Ft. Lauderdale, FL
  • 2005, February 3-4. “Getting the Most Out of the Franchisor/Franchisee Relationship”, 3rd Annual Hospitality Law Conference, Houston, TX
  • 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, January. Five of the Most Dangerous Contract Clauses Which May Exist in Your Franchise Agreement
  • 2000, April. “The Top Ten Issues Facing Hotel Counsel”
  • 2000, Fairness and Good Faith and McDonald’s Remodeling Requirements, Consortium Members Inc. Equity Forum, A Publication for McDonald’s Franchisees
  • 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
  • 1999, August. Legal Aspects of Franchisees in the Lodging Sector
  • 1999, Buyers. Risky Business: Pursuing the American Dream With A Franchise.: What to look for before you invest in a franchise system
  • 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

Interviews

  • Women’s Radio Network – April 6, 2015: Interviewed to discuss franchising and other small business issues and how the law impacts the relationship
  • Fox News Channel – June 9, 2009: Television Fox Business with Dagan McDowell “Next Step for Chrysler” Interviewed to provide expert opinion on what options Chrysler dealerships have.
  • PBS –  June 2, 2009: Nightly Business Report on PBS with Paul Kangas “Vehicle Sales, Chrysler Dealers, GM & More” Provided expert commentary on franchise and dealership law.
  • Sky News Australia – March, 1999: Introduced as the “Leading International Franchise Litigation Specialist” to explain how McDonald’s focus on its real estate business adversely affects its franchises through encroachment.
  • Channel 9 Australia – March 1999: Small Business Show. Appeared on a nationwide televised show to address issues on franchise legislation and how to protect the rights of Australian franchisees.
  • CNN – August, 1998: “Miami Bureau” Interviewed to provide expert opinion and commentary on McDonald’s franchise System and others pending.
  • PBS – May 23, 1997: “Your Financial Future with Jonathan Pond” Rendered expert opinion on a nationally televised news show regarding the dynamics and advantages of franchising.
  • CNBC – October 12-13, 1996: “Minding Your Business” Provided expert opinion on franchising on a nationally televised news show that also featured one of the firm’s clients.
  • CNBC – October 8, 1996: “How To Succeed In Business”  Provided expert opinion on franchising on a nationally televised news show that also featured on of the firm’s clients.
  • PBS – May 27, 1996: Nightly Business Report “How To Find The Right Franchise”  Rendered expert opinion on franchising on nationally televised news show concerning issues of franchise training and support.
  • CBS – September 8, 1994: “Eye To Eye with Connie Chung” Introduced as “One of the leading franchise attorneys in the country’ and provided expert opinion on franchising on a nationally televised prime time show entitled “Risky Business”.
  • The Judy Jarvis Show – August 19, 1994:  “Afro-American Franchise Files Discrimination Lawsuit Against McDonald’s” Provided expert opinion and commentary on nationally syndicated radio talk show focused on discrimination facing minority franchised today.

Awards & Recognitions

  • Best Lawyers of America – Franchise Law, 2013-2016
  • Florida Super Lawyers – 2006-2016
  • Legal Eagle – Litigation, Franchise Times, 2008-2016
  • 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
  • “Bar Register of Preeminent Lawyers”, Lexis Nexis
  • “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

Memberships & Associations

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

Areas of Practice

  • Trial Lawyers
  • Litigation & Appeals
  • Franchise/Licensing/Dealership Law
  • Business & Commercial Law
  • Complex Commercial Real Estate Transactions & Litigation
  • Real Estate Litigation
  • Arbitration and Mediation
  • Franchising

Bar Admissions

  • U.S. Supreme Court
  • Florida Supreme Court
  • U.S. District Court for the Southern District of Florida
  • U.S. District Court for the Middle District of Florida
  • U.S. District Court for the Western District of Michigan
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. District Court for the District of Colorado
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the First Circuit

Languages

  • English
  • Spanish



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   Upcoming Events

  • April 30 - May 3, 2017

    AAFD Franchisee Leadership Summit and Annual Conference

    Location: Indian Wells, California

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  • April 23-26, 2017

    2017 Multi-Unit Franchising Conference

    Location: Ceasers Palace - Las Vegas, NV

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