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Philip Borowsky

Philip Borowsky

On behalf of his clients, Mr. Borowsky has achieved numerous multi-million dollar jury verdicts, arbitration awards and settlements in a wide variety of cases including personal injury cases, complex business disputes and employment cases. He has successfully represented large corporations, physicians, insurance brokerage firms, securities brokerages, attorneys, corporate executives, small businesses and individual investors 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.

ury, Court and Arbitration awards and settlements valued substantially in excess of $50 million that Mr. Borowsky achieved as lead trial counsel for his clients include a California Superior Court judgment awarding his corporate clients multi-million dollar damages against a publicly traded corporation for breach of a complex real estate development and option agreement plus a substantial award of attorneys’ fees; a federal trial court and appellate court judgment establishing insurance coverage and damages for his corporate client; and an arbitration award in favor of an investor against his financial advisor for unsuitable investment advice, professional negligence claims and personal injury claims.

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

Charles Madden et al. v. Cowen et al. (2009) 576 F.3d 957; A case of first impression providing for an exception to federal pre-emption to permit state law claims against an investment advisor in merger transactions

Maffei v. Northern Ins. Co. of New York (1994) 12 F.3d 882; 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; A case of first impression regarding employer liability for terminating an employee in a foreign country in violation of U.S. public policy

Finnie v. District No.1 Pacific Coast District etc. ND Cal. (1981) 538 F.Supp. 455 (concerning the applicability of state court jurisdiction to an intra-union dispute leading to plaintiff’s expulsion from the union)

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 and employment disputes for the American Arbitration Association for more than 20 years. He was 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 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.

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 thereafter established the law firm of Borowsky & Hayes LLP. Mr. Borowsky has frequently 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.

Philip 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. He is designated as a Northern California Super Lawyer in the field of business litigation and has been selected as a Northern California Super Lawyer for the past 11 years. Mr. Borowsky is a Senior 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 where he was part of the medical corps and 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. He has been admitted to practice in state and federal courts in California and the United States Supreme Court.


Borowsky & Hayes LLP is located in San Francisco and serves clients throughout the state of California.



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