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.
Education
Recognitions
Named among The Best Lawyers in America® for Franchise Law by Best Lawyers (2009-2024)
Named among Best Lawyers in America – Dallas, Texas’ 2020 Franchise Law “Lawyer of the Year” (2020 Edition)
Ronald E. Harrison Diversity Award from International Franchise Association (2019)
Named a Franchise Legal Player by 1851Franchise.com (2018, 2020)
Named among the Top 15 Business Women in Dallas by National Diversity Council (2017)
Named among Best Lawyers in Dallas by D Magazine (2008-2009, 2011, 2016-2021)
Named among the Most Influential Black Lawyers by Savoy Magazine (2015)
Named among the International Who’s Who of Business Lawyers in Franchise (2012-2020)
Named Texas Super Lawyer by Thomson Reuters (2014-2021)
Named Legal Eagle by Franchise Times (2009, 2010, 2013)
Named Texas Super Lawyers’ Rising Star by Thomson Reuters (2006-2012)
Multicultural Leadership Award (2012)
Named among the Who’s Who in Black Dallas (2012)
Named among Most Powerful and Influential Women in Texas by Texas Diversity magazine (2008)
The Patrick E. Higginbotham American Inn of Court, Associate (2005)
The Mike Joplin Ambassador Award Fifth Annual Henry W. Strasburger Appreciation Dinner (2005)
The Richard Davis Litigation Associate Award First Annual Henry W. Strasburger Appreciation Dinner (2001)
Selected as a 2023 Women in Business honoree by the Dallas Business Journal
Memberships
American Bar Association, Forum on Franchising
State Bar of Texas, Business Litigation Section
The College of the State Bar of Texas, Member (2007-2018)
Dallas Bar Association, Franchise and Distribution Section, Council Member (2004-present)
Former, Texas Bar Foundation, Fellow
Former, Dallas Bar Foundation, Fellow
Dallas Women Lawyers Association, Member
The Professional Athlete Franchise Initiative, Charter Member
North Texas Women’s Franchise Network, Co-Chair (former)
International Franchise Association, Member, Board of Directors
International Franchise Association Education Foundation – Diversity Institute, Board of Directors (2009-present), Chairwoman (2015-present)
Franchise Business Network, Steering Committee (2003-present)
Former, Promise House, Board of Directors
Dallas Christian Women’s Job Corporation, Board of Directors
Former, Dallas Children’s Theatre, Board of Directors
Texas Minority Counsel Program
Certified Franchise Executive, International Franchise Association (2010 – present)
State Bar Licenses
Court Admissions
Experience
Trial Accomplishments
- Defended publicly 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.
Environmental Litigation
- Fuel Temperature Litigation
- Represented publicly 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.
Franchise Matters
- 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.
- Annual Franchise and Distribution Law Developments, American Bar Association Forum on Franchising (2023), Editor
- Using the FDD as a sword and shield in Litigation, American Bar Association Forum on Franchising (2022)
- Picking a Poison Pill: Selecting, Enforcing, and Defending Asagnist Liquidated Damages, Lost Profit Damages and Damages Waivers, American Bar Association Forum on Franchising (2021)
- Do You Want to Know a Secret: The Impact of Consumer Privacy Laws on Franchise Companies, American Bar Association Forum on Franchising (2020)
- Litigating Unlawful FPR’s and Practical Tips for Doing So, American Bar Association Forum on Franchising (2010)