Borowsky & Hayes LLP

On behalf of his clients, Mr. Borowsky, over more than 30 years of practice, has achieved numerous multi-million dollar jury verdicts, arbitration awards and settlements in a wide variety of cases. He has successfully represented large corporations, physicians, insurance brokerage firms, securities brokers, attorneys and corporate executives in the prosecution and defense of significant claims. In addition, he has achieved major victories for business and individual policyholders who have been wrongfully denied insurance coverage. He is nationally known for his many years of success in the representation of management and non-management employees who have been wrongfully terminated from their employment or have otherwise been victimized by illegal employment discrimination. Mr. Borowsky has been the prevailing lead counsel in judicial decisions that have resulted in the establishment of insurance coverage for an attorney sued for invasion of privacy; a substantial jury verdict upheld on appeal for a wrongfully terminated manager; a federal decision concerning claims arising out of the sale of stock in violation of the federal securities laws that eventually resulted in a settlement approximating $5,000,000 for his clients; and together with his partner Christopher Hayes and other counsel secured a declaratory judgment in favor of his client, a physician, that a summary suspension of the physician’s medical privileges was illegal; the suspension was declared void thereby clearing the physician’s public record; this case is likely the first case tried in the United States that has successfully cleared a physician’s public medical record through court proceedings.

Additional recent victories Mr. Borowsky achieved as lead trial counsel for his clients include a California Superior Court judgment awarding his corporate clients damages of approximately $5 million against a publicly traded corporation for breach of a complex real estate development agreement plus an award of approximately $1 million for attorneys’ fees; and a federal trial court and appellate court judgment establishing insurance coverage and damages for his corporate client exceeding $900,000.

Precedent setting judicial decisions in state and federal courts in which Mr. Borowsky was prevailing lead counsel include:

Maffei v. Northern Ins. Co. of New York (1994) 12 F.3d 882 (concerning a case of first impression regarding the application of a pollution exclusion in a fire insurance policy)
Berman v. City of Daly City (1994) 21 Cal.App 4th 276 (concerning police liability for a negligent vehicular highway pursuit)
Richard H. v. Larry D. (1988) 198 Cal.App.3d 591 (concerning malpractice of a psychotherapist)
Crossen v. Foremost McKesson (1982) 537 F.Supp. 1076 (concerning a case of first impression regarding employer liability for terminating an employee in a foreign country in violation of U.S. public policy)

The overwhelming majority of settlements Mr. Borowsky and his firm have achieved for his clients over the years are confidential and thus the names of the parties and details of the settlement can not be publicly disclosed. These settlements include many multimillion dollar recoveries for his clients against large public entities, publicly traded corporations, private corporations and insurance companies in cases concerning contract disputes, unfair competition, fraud, insurance coverage, wrongful termination of employment, accounting malpractice and serious personal injuries. Additionally, Mr. Borowsky has successfully defended large corporate clients in complex business and real estate disputes.

Mr. Borowsky is co-author of a major treatise on employment law, Unjust Dismissal, published by Matthew Bender and for over 15 years was on the board of editors and commentator of the national monthly publication, Bad Faith Law Update, also published by Matthew Bender, concerning recent judicial decisions rendered nationwide on the subject of insurance law and employment law. He has served as an arbitrator for commercial disputes for the American Arbitration Association and the San Francisco Superior Court, and is a member of the exclusive panel of neutral arbitrators for the California Employment Dispute Resolution Program of the American Arbitration Association. He is also a member of the arbitration panel of the National Association of Securities Dealers. During 2003 Mr. Borowsky additionally served on the Special Committee for Investigative Oversight for the City and County of Los Angeles. He also served in past years as a member of the Judiciary Committee of the Bar Association of San Francisco and on the Legislative Committee of the Consumer Attorneys of California.

In recent years Mr. Borowsky has devoted more of his practice to defending against claims and providing strategic legal counseling to businesses and individuals. His firm is currently general counsel to a start-up biofuel company.

Between 1988 and 1995, prior to the establishment of Borowsky & Hayes LLP, Mr. Borowsky was the president and managing shareholder of the nationally preeminent trial law firm of Cartwright, Slobodin, Bokelman, Borowsky, Wartnick, Moore & Harris, Inc. Mr. Borowsky has lectured lawyers and written extensively on trial practice, insurance law, commercial torts and employment law for the Practicing Law Institute in New York, Los Angeles and San Francisco, the California Continuing Education of the Bar, the State Bar of California, the Association of Trial Lawyers of America, the Consumer Attorneys of California and Sterling Education Service. He has also been a member of the adjunct faculty of the University of California, Hastings College of the Law.

Mr. Borowsky has been awarded the highest rating for legal ability and ethical standards as determined by the Martindale-Hubbell rating system and is included in the Bar Register of Preeminent Lawyers published by Martindale-Hubbell. His biography appears in Who’s Who in America, as well as Who’s Who in American Law. In 2005, 2006, and 2007 he was designated as a Northern California Super Lawyer. Mr. Borowsky is a Fellow of the Litigation Counsel of America. He received his B.A. from the University of California Los Angeles in 1967. He then served in the U.S. Army including a tour of duty in Vietnam for which service he was awarded an Army Commendation Medal. He received his law degree from the University of San Francisco Law School in 1973 where he was a member of the Law Review and the academic honor society.