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, wrongful death 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. Mr. Borowsky has an active arbitration practice under the auspices of the American Arbitration Association. He frequently serves as a neutral arbitrator regarding commercial and employment cases.

Some examples of cases that he has successfully handled for his clients throughout the State of California include:

1.  A multi-million dollar settlement arising out of a mass shooting.
2. Representation of a musician who suffered a hand injury in an automobile accident where the defendant was a government entity. A multi-million dollar settlement was negotiated within two years of the accident.
3. A multi-million dollar settlement against a state for personal injuries suffered by his client prisoner due to negligence of the prison.
4. A seven figure settlement in a slip and fall case in favor of his client against a shopping center.
5. A multi-million dollar settlement for clients of an investment advisor for negligence after years of highly contested litigation in state and federal courts.
6. A multi-million dollar jury verdict in state court for employees of an insurance company based on theories of wrongful termination of employment and unfair competition.
7. A multi-million dollar jury verdict for a family of farmers for real estate fraud arising out of their purchase of a walnut farm.
8. A multi-million dollar settlement based on the theory of federal securities fraud on behalf of a group of doctors who sold their medical group to a publicly traded company.
9. A high six figure arbitration award in a securities arbitration on behalf of an investor against his nationally known investment advisor.
10. Successful defense for the seller of a large home against a $12 million damage claim resulting in the seller obtaining an award entirely in his favor in arbitration plus a settlement following the arbitration award for substantial attorneys’ fees.
11. Representation of a major real estate developer in a breach of contract claim in a JAMS referee proceeding resulting in a multi-million dollar award for the developer and a large award of attorney fees for the developer.

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

Co-counsel in Sirott v. Superior Court (2022) 78 Cal.App.5th 371; A case concerning the perquisites of a derivative action against a limited liability company

Lead Counsel in 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

Lead Counsel in 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

Lead Counsel in Berman v. City of Daly City (1994) 21 Cal.App 4th 276 (concerning police liability for a negligent vehicular highway pursuit)

Lead Counsel in Richard H. v. Larry D. (1988) 198 Cal.App.3d 591 (concerning malpractice of a psychotherapist)

Lead Counsel in 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

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 judicial decisions rendered nationwide on the subject of insurance law and employment law. In addition to serving as an arbitrator for commercial disputes and employment disputes for the American Arbitration Association. He was 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. 

Between 1988 and 1995, prior to the establishment of Philip Borowsky, a Professional Corporation, 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. In 2021 and 2022 Mr. Borowsky has contributed to publications of the California Education of the Bar (CEB) on topics including arbitration law and law concerning non-competition agreements. 

Mr. Borowsky has been awarded the highest rating possible for legal ability and ethical standards by the Martindale-Hubbell rating system and he is included in its Bar Register of Pre-eminent Lawyers. Mr. Borowsky has been designated by the Super Lawyer rating services a “super lawyer” in the field of business litigation for every year beginning in 2005 through the present. Mr. Borowsky is also a senior fellow of the Litigation Counsel of America.

Mr. Borowsky received his B.A. from the University of California, Los Angeles and his Juris Doctorate degree from the University of San Francisco Law School where he was a member of the academic honor society and the law review.

Mr. Borowsky served in the U.S. Army including a tour of duty in Vietnam as a medic for which service he was awarded the Army Commendation Medal.