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Articles and Publications

At Zarco, Einhorn, Salkowski & Brito, P.A., we encourage our attorneys to remain continual students of the law, and to pass their knowledge on to our clients, the public and their colleagues.

Zarco, Einhorn, Salkowski & Brito, P.A., attorneys often serve as lecturers at Bar association meetings, continuing legal education seminars, law schools, business associations, etc. We have also published many articles in professional, business and consumer publications. We have selected some representative articles for inclusion here. Just click on any listed links to see each article.

By: Robert Zarco, Robert F. Salkowski and Margaret T. Lai Scheck v. Burger King, the seminal case on good faith and fair dealing, lives on according to a 12-member California jury after a contentious month-long trial pitting grilled chicken giant El Pollo Loco, Inc. against one of its top performing franchisees, Michael and Janice Bryman. Read more →

INTRODUCTION The concept of vicarious liability in the franchise context has most frequently arisen in connection with injuries on the franchisee’s premises when the customer harmed sues both the franchisee and the franchisor. However, the vicarious liability concept can also be found in other areas directly affecting franchisors. The purpose of this paper is to Read more →

WHERE TO DRAW THE LINE–IS YOUR FRANCHISE AGREEMENT AN UNCONSCIONABLE, ILLUSORY CONTRACT?* I. INTRODUCTION Franchise agreements have appropriately been characterized as long-term, relational contracts.1 In the course of these agreements, it appears–to paraphrase Benjamin Franklin’s comment about “death and taxes”–that nothing “can be said to be certain, except” change and conflict. Change in the manner Read more →

Authors: Himanshu Patel and Alaina Siminovsky Fall 2015 3 The Franchise Lawyer Two bills introduced in Congress on July 23, 2015, aim to give franchisees “more information and more say in the businesses they run,” according to the bills’ sponsor, Rep. Keith Ellison (D-MN). The Small Business Administration Franchise Loan Transparency Act (H.R. 3195) and Read more →

Author: Alejandro Brito Publication: Daily Business Review – Alejandro Brito speaks about franchising, joint employers and the NLRB in his commentary on the Daily Business Review as part of the Board of Contributors.

Authors:  Robert Zarco & Barry M. Heller Publication: American Bar Association 37th Annual Forum on Franchising

Authors: Robert Zarco and Alejandro Brito  

Authors: Robert M. Einhorn & Joel R. Buckberg Publication: American Bar Association 36th Annual Forum on Franchising

Author: Robert Zarco Publication:

Authors: Robert Zarco & C. Griffith Towle Publication: ABA 35th Annual Forum of Franchising

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   ZESB in The News

  • 01/12/2018

    Miami retail broker sues over life insurance policy of late husband Author: Katherine Kallergis
    Publication: The Real Deal

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  • 01/11/2018

    After his law partner’s suicide, he got the widow to sign over millions. Enter lawsuit. Author: Howard Cohen
    Publication: Miami Herald

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