Robert M. Borak, Partner
Robert Borak provides both litigation and transactional legal services on behalf of his global logistics clients, which can involve several areas, including cargo loss, risk management, government investigations, bankruptcy and commercial disputes.
Mr. Borak's accomplishments as a litigator have provided the foundation for his specialized skills in the formation and negotiation of a multitude of various contractual undertakings on behalf of his international transportation and logistics clients. These agreements always involve complex relationships in the context of international conventions, national regulations and local customs. The types of agreements include:
- government contracts
- agency agreements with local overseas freight-forwarders, customs brokers, warehousemen and logistics providers
- sales and marketing agency agreements with local entities abroad
- warehouse agreements
- broker-carrier agreements
- master service agreements
- air charter agreements
- information logistics and intellectual property argreements
- joint collaboration serivce agreements with local entities to coordinate and manage contractor logistics services
- mutual agency cooperation agreements for multimodal transportation
- stream-lined memoranda of understanding to facilitate the bidding process for the award of overseas projects.
Mr. Borak’s practice involves the interpretation and enforcement of national and international law. In addition to state statutes, Mr. Borak’s cases must be defended or prosecuted under federal statutes and international treaties and conventions, including the United States Carriage of Goods by Sea Act; Montreal Convention; Warsaw Convention; Hague-Visby Rules; Hague Service Convention; Inter-American Convention of Service via Letters Rogatory; Interstate Commerce Commission Termination Act (The Carmack Amendment); Sherman Act; Foreign Corrupt Practices Act; Unfair and Deceptive Trade Practices Acts (multiple states); the Fair Labor Standards Act and the Federal Acquisition Regulations.
Mr. Borak utilizes a combination of analytical skills and business savvy to produce exceptional results for the team. He studied economics at Cornell University and international business at the University of New South Wales in Sydney, Australia. He worked in finance for several years in New York and traveled extensively before attending the University of Miami School of Law, where he graduated with honors. Mr. Borak uses his business experience and understanding of the global marketplace to anticipate the challenges confronted by his clients in ever-changing business arenas, including the negotiation of complex agreements including supply chain manufacturing, temperature-sensitive transport and storage, and information technology.
- "Rising Star," Super Lawyers (International Law), 2012-2015
- University of Miami School of Law, Juris Doctorate, 2005, Cum Laude
- Cornell University, Bachelor of Science, 1997
- State of Florida, 2005
- United States District Court for the Southern District of Florida
- United States District Court for the Middle District of Florida
- “New Court Ruling Disregards Rail Carrier’s Limitation of Liability”
- Huricane Sandy Risk Management Ramifications
- Enforced warehouseman liens on cargo for failure of client to pay outstanding balance for warehouse and logistics charges. Coordinated and facilitated sale of a portion of the cargo to satisfy the balance. Located a buyer for the remaining inventory and coordinated both sale of the cargo and the retention of the client to handle the logistics and transportation overseas.
- Successfully defended a civil theft claim brought in admiralty court. Established federal precedent, as the court held that a claim for civil theft could not be maintained in admiralty court since the civil theft statute which awards attorney’s fees and treble damages is incompatible with maritime law doctrine. GE Seaco v. Interline Connection, N.V., 2011 WL 98406 (S.D. Fla., Jan. 12, 2011).
- Successfully represented major customs broker against multimillion claim. Obtained summary judgment based upon the importer of record’s failure to comply with U.S. EPA and DOT regulations with regard to the importation and sale of motor vehicles. The court granted summary judgment, including an award for attorney’s fees based upon an offer of judgment, since the importer, having committed an illegal act, could not seek redress against a customs broker for alleged errors with regard to the preparation and submittal of entry documentation.
- Cornell Club of Greater Miami, Officer and Board Member
- Miami International Arbitration Society
- Florida Customs Brokers and Freight Fowarders Association
- American Bar Association
Direct Line: (305) 537-2006