Earsa JacksonEarsa Jackson Clark Hill
Earsa Jackson structures franchises and assists franchisors with transactional needs. She also litigates cases related to business and commercial claims, the False Claims Act, trademark infringement, and trade secrets.
Earsa serves as the Chair for the firm’s Franchise & Licensing team and the Chair of the firm's Diversity Committee. Earsa structures franchises and assists franchisors with ongoing transactional needs.
Earsa is a Certified Franchise Executive. She writes and speaks extensively on franchise issues and is a member of the Governing Committee of the American Bar Association Forum on Franchising. She is also a former Director of the Litigation and Dispute Resolution Division for the American Bar Association Forum on Franchising.
- Defended publically traded company in suit alleging violation of state franchise relationship laws.
- Defended national grocery store chain in multiple actions alleging violations of consumer protection laws and deceptive trade practices and successfully defeated class certification.
- Secured dismissal of an action filed in federal court against a large housing authority alleging violations of the False Claims Act.
- Secured a favorable ruling at trial for client alleging violations of covenant of good faith and fair dealing under California law.
- Obtained a favorable ruling at trial representing beneficiaries in a will contest.
- Secured a partial summary judgment for a client defending claim of a False Claims Act violation.
- Secured a permanent injunction for a client seeking to restrain an individual for harassment and trespass to business and residence.
- Resolved by grant of summary judgment a dispute related to a Medicaid HMO in Texas involving a participating hospital agreement.
- 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, obtained injunctive relief related to reimbursement rights under the plan.
- As counsel for one of the leading hospitality franchisors in the country, was instrumental in obtaining a preliminary injunction in a trademark infringement matter.
- As counsel for a large company that owns and operates apartment buildings, obtained a number of favorable verdicts in lease disputes.
- Obtained complete dismissal of action on behalf of local church as well as its regional, state and national body on First Amendment grounds. Successfully defended favorable ruling on appeal.
False Claims Act Experience
- Successfully defeated an appeal of dismissal of FCA case before the Fifth Circuit after oral argument in 2014.
- Secured dismissal of FCA case seeking more than $4Billion in alleged damages.
- Successfully championed Dallas Housing Authority Against False Claims Act Suit
- Handled discovery issues common in FCA cases.
- Handled procedural challenges to sufficiency of pleadings.
- Provided counsel regarding privileges frequently utilized in FCA cases.
- Utilized experts in FCA cases.
- Strategized and prepared dispositive motions in FCA cases.
- Handled issues associated with calculating damages and penalties.
- Developed settlement strategies and structured settlement of FCA claims.
- Fuel Temperature Litigation
- Represented publically traded company with revenues in excess of $100 billion in complex litigation brought by a purported plaintiffs class in more than 28 jurisdictions complaining of the method by which retailers sell fuel without consideration of the temperature of the fuel.
- Oversaw extensive discovery in the matter, including various motions and hearings.
- Prepared and presented numerous company representatives for depositions.
- Instrumental in strategy regarding expert witnesses.
- Secured dismissal in all but one case on various grounds.
- Secured summary judgment on final case.
- Perchloroethylene Contamination
- Represented landlord in eviction matter related to contamination by dry cleaner operator resulting from improper use and disposal of perchloroethylene on the premises. Successfully tried the case to a jury.
- Assisted franchise system expand internationally.
- Structured franchise advisory council for large franchise system.
- Provided counseling on preparation of operations manual to address joint employer implications.
- Helped large hospital system secure a license to add a national branded restaurant to its food court.
- Structured numerous franchises and prepared disclosure documents.
- Provided counsel on acquisition of franchise brand by international publicly traded company.
- Provided counsel on acquisition of international development rights for real estate based franchise concept.
- 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 unlawful terminations under state franchise law.
- Provided counsel on termination issues associated with multi-state dealer.
- Provided counseling in response to state franchise enforcement action.
- 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 violations.
- Provided counsel to franchisors regarding potential Lanham Act violations and remedies available.
- Counseled prospective franchisees regarding legal considerations relating to purchase of franchise.
- Handled seven-store acquisition from a national restaurant chain for multi-unit franchisee.
- Assisted with license agreement for domestic company expanding internationally.