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MARTIN T. BORATYN, AT T ORNEY / B U SINESS OPERA T IONS
46 Pinebrooke Drive  Westerville, OH 43082
Cell: (614) 397-1111  Email: mboratyn49@gmail.com
PROFESSIONAL/ LEGAL BACKGROUND
Business Operations Director ▪ Corporate Governance ▪ Legal Department Management ▪ Project Management ▪ Case
Strategy Development ▪ Pleadings and Motions Development ▪ State and Federal Commercial Litigations ▪ New
Commercial Transaction Structuring and Negotiations ▪ Lease Modifications and Termination Negotiations ▪
Regulatory Compliance ▪ Complex Contract Negotiations and Management ▪ Settlement Negotiations ▪ Legal
Discovery Development and Responses ▪ Business Development ▪
CAREER HISTORY
PUBLIC UTILITIES COMMISSION (PUCO) – Columbus, Ohio……………………………2011 to July 2015
State regulator of all utilities and transportation companies; employs a professional staff of engineers, economists, attorneys, and safety
inspectors to safeguard the security of the State’s regulated motor carrier; and comprised of over 320 employees with a budget of approximately
$34 million.
DIRECTOR OF BUSINESS RESOURCES
Senior member of PUCO staff responsible for the Human Resources, Finance, and Information Technology
Divisions. Functional role for supervision of operations, development of policies and strategies, budget
management, employment, workforce planning and implementation of latest infrastructure to maximize
productivity. Contact and representative for PUCO in meetings with other governmental and private
organizations, including negotiations to achieve Agency goals and objectives, and Kaizen Event Sponsor, Agency
Liaison for the LeanOhio program.
▪ CommStat, member of the Project Steering Committee which established a performance management
system identifying metrics to track and measure performance of critical duties of Agency staff.
▪ Launch of the Ohio Motor Carrier Information System, a broad and complex software application
permitting the online registration of regulated motor carriers inclusive of civil forfeiture payments.
EXEL DIRECT INC. – Columbus, OH...................................................................................1992 to August 2010
$200+ million company, now known as MXD Group is the leading contract logistics provider of home deliveries and national retail home
furnishings distribution in the US and Canada.
GENERAL COUNSEL
Senior member of the executive team in charge of providing legal direction and consulting to the CEO, Board of
Directors, and corporate stakeholders regarding diverse corporate issues. Strategic role entails complex
commercial and third party contract development, drafting and negotiations, litigation management and
support, creditor rights management, cargo and non-cargo claims risk analysis, equipment leasing, federal DOT
regulatory compliance, debt collections, and legal budget management. Accountable for corporate governance,
management coaching and training, and independent contractor and agency strategic plan design and oversight
regarding unemployment benefits, Worker’s Compensation, contract breaches and terminations, civil right
claims, labor claims, and state and federal taxation.
▪ Saved nearly $100 million by obtaining a favorable Private Letter Ruling from the IRS which changed their
position concerning the independent contractor classification of nearly 1,000 transportation professionals.
Monumental milestone was critical in saving the company from shutting down if the governmental ruling had
failed to be reversed.
▪ Influenced State of California decision makers to classify more than 300 contract professionals as
independent contractors. Legal strategy saved $20+ million in expenses, penalties, and interest. Defended
company engaged in more than 20 independent contractor status challenges; circumvented tens of millions of
dollars in business expenses by obtaining a favorable legal result.
MARTIN T. BORATYN CELL: (614) 397-1111 Page 2 of 2
▪ Negotiated scores of commercial contracts with multiple customers, negotiated $150+ million worth of
contracts with three large national clients. Frequently negotiated commercial agreements valued at $1 million to
$15 million in annual income.
▪ Avoided $7 million overhead and operational expenses by spearheading significant legal reorganizations.
Initiatives included facility shutdowns, corporate redundancy eliminations, internal agreements, and new tax
strategies to ensure independent contractor classification. Major effort provided the platforms for company to
sustain a positive financial position.
▪ Settled highly complex legal and tax issues regarding an Illinois Trust that led to a $1+ million tax
abatement, $2+ million in debt repayment from the Trust, and nearly $6 million to underwrite a major corporate
safety program that would have otherwise been a corporate expense.
▪ Resolved more than $10 million worth of commercial contract independent contractor breaches as well as
property damage claims and bodily injury claims to protect the company.
▪ Championed a robust creditor legal strategy which resulted in $12+ million in pre-petition customer debt
on behalf of the company and several affiliated organizations.
▪ Eliminated over $100,000 in external legal fees by writing numerous contracts related to commercial
business models, agent management, and third party vendors.
▪ Developed and facilitated training programs to educate multi-disciplined management professionals and
executives on commercial agreements, bankruptcy laws, and independent contractor status.
ALLIED VAN LINES, INC – Naperville, IL........................................................................................1981 to 1992
Business was founded in 1928 and is now know as SIRVA, Inc., the world’s largest relocation and van line logistics company.
CORPORATE COUNSEL
Member of the legal team for a $500+ million company recognized as a global leader in the transportation of
household goods. Served as a legal subject matter expert on issues such as commercial contracts, transportation
contracts, agency disputes, cargo and non-cargo claims management, equipment leasing, motor vehicle safety
compliance, state insurance compliance, and federal state tax litigation management. Developed and managed
the company’s policies and positions on a variety of legal issues.
 Authored a cutting-edge independent contractor agreement that was adopted by all national agents.
Generated revenue for corporation as agreement was purchased by national agents.
 Played a principal role in starting up and overseeing an Illinois licensed insurance company that sold
multiple lines of auto general liability insurance and Worker’s Compensation coverage to trucking
companies and truck drivers. Provided platform for company to evolve into a multi-million dollar entity.
 Managed all contract driver claims for Allied affiliate Merchants Home Delivery Service, Inc. which
involved legal matters such as Worker’s Compensation, employment benefits, employee discrimination
allegations, and more. Successful management of these claims contributed to bottom-line improvements.
 Wrote a confidential legal memorandum to the corporate President discussing independent contractor legal
liabilities and risks, and recommended appropriate legal strategies.
EDUCATION / PROFESSIONAL AFFILIATIONS / BAR ADMISSIONS
Juris Doctor  DePaul University, Chicago, IL
Bachelor of Business  Western Illinois University, Macomb, IL
Ohio State Bar Association (2010 to Present)  Columbus Bar Association (2010 to Present)  Transportation
Lawyers Association (1995 to 2014)
Illinois – Licensed  Ohio - Ex Registered Corporate Attorney

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MARTIN BORATYN.5 Resume

  • 1. MARTIN T. BORATYN, AT T ORNEY / B U SINESS OPERA T IONS 46 Pinebrooke Drive  Westerville, OH 43082 Cell: (614) 397-1111  Email: mboratyn49@gmail.com PROFESSIONAL/ LEGAL BACKGROUND Business Operations Director ▪ Corporate Governance ▪ Legal Department Management ▪ Project Management ▪ Case Strategy Development ▪ Pleadings and Motions Development ▪ State and Federal Commercial Litigations ▪ New Commercial Transaction Structuring and Negotiations ▪ Lease Modifications and Termination Negotiations ▪ Regulatory Compliance ▪ Complex Contract Negotiations and Management ▪ Settlement Negotiations ▪ Legal Discovery Development and Responses ▪ Business Development ▪ CAREER HISTORY PUBLIC UTILITIES COMMISSION (PUCO) – Columbus, Ohio……………………………2011 to July 2015 State regulator of all utilities and transportation companies; employs a professional staff of engineers, economists, attorneys, and safety inspectors to safeguard the security of the State’s regulated motor carrier; and comprised of over 320 employees with a budget of approximately $34 million. DIRECTOR OF BUSINESS RESOURCES Senior member of PUCO staff responsible for the Human Resources, Finance, and Information Technology Divisions. Functional role for supervision of operations, development of policies and strategies, budget management, employment, workforce planning and implementation of latest infrastructure to maximize productivity. Contact and representative for PUCO in meetings with other governmental and private organizations, including negotiations to achieve Agency goals and objectives, and Kaizen Event Sponsor, Agency Liaison for the LeanOhio program. ▪ CommStat, member of the Project Steering Committee which established a performance management system identifying metrics to track and measure performance of critical duties of Agency staff. ▪ Launch of the Ohio Motor Carrier Information System, a broad and complex software application permitting the online registration of regulated motor carriers inclusive of civil forfeiture payments. EXEL DIRECT INC. – Columbus, OH...................................................................................1992 to August 2010 $200+ million company, now known as MXD Group is the leading contract logistics provider of home deliveries and national retail home furnishings distribution in the US and Canada. GENERAL COUNSEL Senior member of the executive team in charge of providing legal direction and consulting to the CEO, Board of Directors, and corporate stakeholders regarding diverse corporate issues. Strategic role entails complex commercial and third party contract development, drafting and negotiations, litigation management and support, creditor rights management, cargo and non-cargo claims risk analysis, equipment leasing, federal DOT regulatory compliance, debt collections, and legal budget management. Accountable for corporate governance, management coaching and training, and independent contractor and agency strategic plan design and oversight regarding unemployment benefits, Worker’s Compensation, contract breaches and terminations, civil right claims, labor claims, and state and federal taxation. ▪ Saved nearly $100 million by obtaining a favorable Private Letter Ruling from the IRS which changed their position concerning the independent contractor classification of nearly 1,000 transportation professionals. Monumental milestone was critical in saving the company from shutting down if the governmental ruling had failed to be reversed. ▪ Influenced State of California decision makers to classify more than 300 contract professionals as independent contractors. Legal strategy saved $20+ million in expenses, penalties, and interest. Defended company engaged in more than 20 independent contractor status challenges; circumvented tens of millions of dollars in business expenses by obtaining a favorable legal result.
  • 2. MARTIN T. BORATYN CELL: (614) 397-1111 Page 2 of 2 ▪ Negotiated scores of commercial contracts with multiple customers, negotiated $150+ million worth of contracts with three large national clients. Frequently negotiated commercial agreements valued at $1 million to $15 million in annual income. ▪ Avoided $7 million overhead and operational expenses by spearheading significant legal reorganizations. Initiatives included facility shutdowns, corporate redundancy eliminations, internal agreements, and new tax strategies to ensure independent contractor classification. Major effort provided the platforms for company to sustain a positive financial position. ▪ Settled highly complex legal and tax issues regarding an Illinois Trust that led to a $1+ million tax abatement, $2+ million in debt repayment from the Trust, and nearly $6 million to underwrite a major corporate safety program that would have otherwise been a corporate expense. ▪ Resolved more than $10 million worth of commercial contract independent contractor breaches as well as property damage claims and bodily injury claims to protect the company. ▪ Championed a robust creditor legal strategy which resulted in $12+ million in pre-petition customer debt on behalf of the company and several affiliated organizations. ▪ Eliminated over $100,000 in external legal fees by writing numerous contracts related to commercial business models, agent management, and third party vendors. ▪ Developed and facilitated training programs to educate multi-disciplined management professionals and executives on commercial agreements, bankruptcy laws, and independent contractor status. ALLIED VAN LINES, INC – Naperville, IL........................................................................................1981 to 1992 Business was founded in 1928 and is now know as SIRVA, Inc., the world’s largest relocation and van line logistics company. CORPORATE COUNSEL Member of the legal team for a $500+ million company recognized as a global leader in the transportation of household goods. Served as a legal subject matter expert on issues such as commercial contracts, transportation contracts, agency disputes, cargo and non-cargo claims management, equipment leasing, motor vehicle safety compliance, state insurance compliance, and federal state tax litigation management. Developed and managed the company’s policies and positions on a variety of legal issues.  Authored a cutting-edge independent contractor agreement that was adopted by all national agents. Generated revenue for corporation as agreement was purchased by national agents.  Played a principal role in starting up and overseeing an Illinois licensed insurance company that sold multiple lines of auto general liability insurance and Worker’s Compensation coverage to trucking companies and truck drivers. Provided platform for company to evolve into a multi-million dollar entity.  Managed all contract driver claims for Allied affiliate Merchants Home Delivery Service, Inc. which involved legal matters such as Worker’s Compensation, employment benefits, employee discrimination allegations, and more. Successful management of these claims contributed to bottom-line improvements.  Wrote a confidential legal memorandum to the corporate President discussing independent contractor legal liabilities and risks, and recommended appropriate legal strategies. EDUCATION / PROFESSIONAL AFFILIATIONS / BAR ADMISSIONS Juris Doctor  DePaul University, Chicago, IL Bachelor of Business  Western Illinois University, Macomb, IL Ohio State Bar Association (2010 to Present)  Columbus Bar Association (2010 to Present)  Transportation Lawyers Association (1995 to 2014) Illinois – Licensed  Ohio - Ex Registered Corporate Attorney