Earsa Jackson is the Practice Area Leader for Strasburger’s Franchise & Distribution group. Ms. Jackson structures franchises for start-up franchisors and assists existing franchisors with on-going transactional needs.

Ms. Jackson also handles litigation matters in the following areas: business and commercial, False Claims Act, business torts, franchise and distribution, trademark infringement, trade secrets infringement, contract disputes, probate, and both commercial and residential landlord/tenant disputes.

Ms. Jackson is also a Certified Franchise Executive.

REPRESENTATIVE EXPERIENCE

FRANCHISE MATTERS

Ms. Jackson has recently provided counsel on the following types of franchise matters:

• Structured numerous franchises and prepared disclosure documents.
• Negotiated terms of a resale agreement.
• Negotiated terms of a franchise renewal where franchise system had undergone significant changes since original franchise agreement was executed.
• Litigated claims related to breach of implied covenant of good faith and fair dealing in a franchise transaction.
• Negotiated numerous settlements related to alleged franchise disclosure violation.
• Provided counsel to franchisor regarding potential Lanham Act violations and remedies available.
• Counseled prospective franchisees regarding legal consideration relating to purchase of franchise.
• Handled seven-store acquisition from a national restaurant chain for multi-unit franchisee.

TRIAL ACCOMPLISHMENTS

Ms. Jackson has provided representation in the following matters with significant favorable outcomes for the clients:

• Ms. Jackson secured a favorable ruling at trial for client alleging violations of covenant of good faith and fair dealing under California law.
• Ms. Jackson obtained a favorable ruling at trial representing beneficiaries in a will contest.
• Ms. Jackson secured a partial summary judgment for a client defending claim of a False Claims Act violation.
• Ms. Jackson secured a permanent injunction for a client seeking to restrain an individual for harassment and trespass to business and residence.
• Ms. Jackson recently resolved by grant of summary judgment a dispute related to a Medicaid HMO in Texas involving a participating hospital agreement.
• Ms. Jackson received a unanimous jury verdict in a case tried in federal court related to agency issues in a commercial transaction.
• As counsel for a plan administrator under an ERISA benefits plan, Ms. Jackson obtained a temporary restraining order related to reimbursement rights under the plan.
• As counsel for one of the leading hospitality franchisors in the country, Ms. Jackson was instrumental in obtaining a preliminary injunction in a trademark infringement matter.
• As counsel for a large company that owns and operates apartment buildings, Ms. Jackson has obtained a number of favorable verdicts in lease disputes.

LITIGATION ACCOMPLISHMENTS

Ms. Jackson’s accomplishments for clients also include the following out-of-courtroom negotiations:

• Successfully negotiated a favorable result in a matter involving allegations of Medicare Fraud under the False Claims Act.
• Successfully negotiated a favorable result in a matter involving allegations of franchise disclosure violations.
• Successfully negotiated a favorable settlement for a franchisor in a matter in which a franchisee alleged breach of contract, fraud and violations of DTPA.
• Successfully negotiated a favorable settlement for a commercial real estate lessor in a matter in which the lessee alleged constructive eviction by lessor.
• Successfully negotiated a favorable result for a company involved in an insurance dispute over the proper classification of vehicles. The insurance company filed suit against client for premiums it claimed were owed by client; client filed a counterclaim for misrepresentation, fraud, and violations of DTPA.
• Successfully negotiated a favorable settlement for a company asserting breach of contract and conversion. Case involved a situation in which an insurance company issued a check which was jointly payable to its insured and loss payee (client) which was delivered directly to the insured who cashed the check but failed to distribute funds to loss payee (client).
• Instrumental in negotiating a favorable result for a hospitality franchisor in a case in which the franchisor alleged trade dress infringement against two independently owned hotel facilities.
• Negotiated favorable settlement in a commercial litigation matter alleging negligent supervision of employee and intentional infliction of emotional distress.

PUBLICATIONS AND PRESENTATIONS

Legal Aspects of Franchising: What You Should Known Before Signing on the Dotted Line, Las Vegas Franchise Opportunities Seminar, Las Vegas, NV (May 22, 2010).

Franchising Defined & Recent Trends, Strasburger Franchise Symposium (April 13, 2010).

Mediating Franchise Disputes, moderator for teleseminar co-sponsored by the American Bar Association's Forum on Franchising and the ABA Center for Continuing Legal Education (December 3, 2009).

2009 Dallas Franchise Opportunities - How to Be in Business for Yourself, But not By Yourself, International Franchise Association, Dallas, TX (November 21, 2009).

Distributorship and Sales Representation Agreements, ALFA International, Chapter Author (October 26, 2009).

Legal Aspects of Franchising: What You Should Know Before Signing on the Dotted Line, National Black MBA Association 31st Annual Conference and Exposition, New Orleans, LA (September 24-25, 2009).

Franchise Law Basics, 2009 International Business Fusion Forum, US/Mexico Chamber of Commerce, Dallas, TX (August 20, 2009).

The Basics of Franchising, National Bar Association's 84th Annual Convention, San Diego, CA (August 5, 2009).

Legal Aspects of Franchising: What You Should Know Before Signing on the Dotted Line, Alpha Phi Alpha Fraternity, Inc.'s 103rd Anniversary Convention, New Orleans, LA (July 16, 2009).

Amendments to False Claims Act Pack a Punch for Health Care Providers, Strasburger & Price Health Industry Online (July 9, 2009).

A Guide to Franchise Law for Lawyers, El Paso Bar Association, El Paso, Texas  (March 19, 2009).

Legal Aspects of Franchising in the United States, U.S. Mexico Chamber of Commerce International Business Forum, Dallas, Texas (January 29, 2009).

Franchise Law Basics, Franchise Opportunity Specialist & Informational Seminar, Dallas, Texas (January 20, 2009).

U.S. Supreme Court Clarifies Subcontractor Liability under False Claims Act, Strasburger & Price LLP Health Industry Online (January 16, 2009).

Just How Wrong Does An Arbitrator Need To Be? (And Other Hot Topics in Arbitration), panelist for teleconference co-sponsored by the American Bar Association's Forum on Franchising and the ABA Center for Continuing Legal Education (December 2, 2008).

Navigating the Exemption Exclusion Maze under the Amended FTC Rule and State Laws, 31st Annual Forum on Franchising, American Bar Association (Austin, Texas, October 15-17, 2008).

When Your Competitor Crosses the Line - Litigating Under the Lanham Act, Green Lights and Red Flags: FTC/BBB Rules of the Road for Advertisers (Dallas, Texas, May 29, 2008).

Personal Branding, Fourth Annual Texas Diversity & Leadership Conference (Houston, Texas, May 16, 2008).

Non-Competes: Should We or, Shouldn't We Use Them?, International Franchise Associations 41st Annual Legal Symposium (Washington, D.C., May 13, 2008).

Federal False Claims Act, Government & Administrative Law Industry Team, Strasburger & Price, LLP (Dallas, Texas, April 14, 2008).

Franchise Law Basics, DFW Franchise Expo (Grapevine, Texas, February 2008).

Franchise Desk Book (American Bar Association Forum on Franchising, W. Michael Garner ed, 2nd ed. 2008) (chapter editor).

Supreme Court Provides Guidance for the Original Source Requirements under the False Claims Act, Health Industry Online (December 5, 2007).

Marketing Yourself in a Competitive Environment, Third Annual Texas Diversity & Leadership Conference (Dallas, Texas, May 16, 2007).

The New FTC Rule is Here! Come Hear How it Will Change How You Sell Franchises, International Franchise Association Franchise Business Network Quarterly Meeting (Dallas, Texas, May 2007).

Fundamentals of Franchising – Litigation and Relationship Laws, joint program with American Bar Association’s Forum on Franchising and Dallas Bar Association Franchise & Distribution Law Section (Dallas, Texas, March 2007).

Laws and Legal Issues Impacting the Expansion of Franchise Concepts Domestically and Internationally, Dallas Bar Association CLE Committee and Franchise & Distribution Law Section (Dallas, Texas, February 2007).

An Introduction to Franchising and Agreements, Headnotes, Dallas Bar Association (March 1, 2007).

Franchising 101, Dallas Bar Association Solo and Small Firm Section (Dallas, Texas, October 2006).

Advanced Franchising, Association of Small Business Development Centers National Meeting (Houston, Texas, September 2006).

Dealing with Troubled Franchisees – Alternatives to Termination, International Franchise Association Franchise Business Network Quarterly Meeting (Plano, Texas, July 2006).

Introduction to Franchising, The Entrepreneur Authority (Plano, Texas, November 2005).

Dealing with Troubled Franchisees – Alternatives to Termination, International Franchise Association Franchise Business Network Quarterly Meeting (Dallas, Texas, October 2005).

Legal Aspects of Franchising, Southwest Louisiana Franchise Conference (Lake Charles, Louisiana, July 2005).

Introduction to Franchising, The Entrepreneur Authority (Plano, Texas, June 2005).

The Year in Review: Key Legal Developments of 2004 and What They Mean for 2005, International Franchise Association Franchise Business Network Quarterly Meeting (Dallas, Texas, January 2005).

Is Franchising Right for You?, National Association of Women Business Owners’ Women’s Business Conference (Dallas, Texas, June 2004).

Best Practices in Operations Manuals, International Franchise Association’s 37th Annual Legal Symposium (Washington, D.C., May 2004).

Choice of Business Structure, Minorities in Franchising, 2nd Ed. (July 2003); Special Edition of the International Franchise Association’s Franchising World.

Knowing Your Salesperson’s Rights, Direct Selling Association’s Issues of the Day Seminar (Long Beach, California, February 2003).

Franchise Law Update, Dallas Bar Association Franchise & Distribution Section (December 2000).

Ms. Jackson assisted in the drafting and editing of Remedies: Damages, Injunctive Relief, and Rescission, presented at the 22nd Annual American Bar Association Forum on Franchising (October 1999).

SELECTED ACCOMPLISHMENTS

• Named among Best Business Lawyers in Dallas in Franchise and Development by D Magazine (June 2009).
• Named "Legal Eagle" leading franchise lawyer by Franchise Times (2009-2010).
• Named among "Best Lawyers in America" in Franchise Law by Best Lawyers (2008-2010).
• Named among "Most Powerful and Influential Women in Texas" listing by Texas Diversity magazine (April 2008).
• Featured in article by Eclipse Magazine for her commitment to diversity (May 2008).
• Named among Best Lawyers in Dallas in Franchise and Development by D Magazine (April 2007 and May 2008).
• Selected as member of The College of the State Bar of Texas (2007, 2008 and 2009).
• Named a "Texas Rising Star" by Texas Monthly magazine (2006-2010).
• The Patrick E. Higginbotham American Inn of Court, Associate 2005.
• The Mike Joplin Ambassador Award (2005) – Fifth Annual Henry W. Strasburger Appreciation Dinner.
• The Richard Davis Litigation Associate Award (2001) – First Annual Henry W. Strasburger Appreciation Dinner.

PROFESSIONAL AFFILIATIONS

Admitted, Texas; Admitted, U.S. Court of Appeals (Fifth Circuit); Admitted, U.S. District Courts for the Northern, Eastern, Southern and Western Districts of Texas; State Bar of Texas Business Litigation Section; Texas Minority Counsel Program (Steering Committee 2007); Dallas Bar Association Franchise and Distribution Section (Council Member - 2004 - present; Chair – 2007; First Vice Chair – 2005; Second Vice Chair – 2004); Dallas Women Lawyers Association (Pro Bono Chair – 2005; Vice President, Membership – 2004); Dallas Association of Young Lawyers; International Franchise Association; International Franchise Association Education Foundation Inc. Diversity Institute (Board of Directors 2009); Direct Selling Association; ABA Forum on Franchising (Litigation & Dispute Resolution Division Steering Committee 2007-present; Director 2009-present); Franchise Business Network (Steering Committee 2003-present).

EDUCATION

University of Virginia, J.D. 1998
University of Arkansas at Little Rock, B.A. magna cum laude 1995