Licensed in TX, NC, MI, *SC (*inactive)
Tal Franklin maintains a dual litigation practice in complex financing and intellectual property.
Tal is the co-author of Mortgage and Asset Backed Securities Litigation Handbook (Thomson-West 2008) and has litigated numerous cases related to the sale and/or securitization of loans, involving issues such as breaches of origination, interim servicing, loan payment, and loan security representations; duties of all parties to pooling and servicing agreements, interim servicing agreements, and loan purchase agreements; reinsurance; re-securitization; investor due diligence; post-breach mitigation; subordination levels; securities and other fraud in the securitization process; and a host of other issues related to the securitization of commercial, franchise, and residential mortgage loans, as well as other assets.
Tal also co-authored Emergency Economic Stabilization Act Handbook (West 2009) and has worked with residential mortgage backed securities investors on public policy issues involving regulatory and Congressional policy under the Emergency Economic Stabilization Act of 2008. He was the chief technical consultant to the Mortgage Investors Coalition on mortgage backed securities litigation issues during the group’s successful effort to modify the servicer safe harbor under the Helping Families Save Their Homes Act of 2009, and lead author for the group’s public policy papers.
Tal also authored Protecting the Brand: A Concise Guide to Promoting, Maintaining, and Protecting a Company’s Most Valuable Asset (Barricade Books, 2003) and formerly served as intellectual property counsel for American Airlines, Inc., where he led the practice area responsible for all of American’s intellectual assets. He is one of a very few attorneys in private practice to create from scratch a comprehensive intellectual property program at a Fortune 100 company, including establishing the trade secret policy after intensively studying the issue. His innovative tribute plane program, which preserved legacy brands by flying planes sporting the livery of acquired and historic trademarks, has been widely imitated throughout the airline industry. Based on his practical experience, Tal counsels clients on creating strategic programs to harvest, manage, and exploit intellectual property assets, specifically tailored to each client’s business goals and corporate structure. Tal does not engage in patent prosecution.
Prior to establishing Talcott Franklin P.C., Tal worked at some of the nation’s most prestigious law firms, including Hunton & Williams LLP, Akin Gump Strauss Hauer & Feld LLP, Susman Godfrey LLP, and Patton Boggs LLP. Immediately before establishing Talcott Franklin P.C., Tal was an equity partner at Patton Boggs LLP, where he was also deputy chair of litigation firm-wide and head of litigation in the Dallas office.
Tal has a significant commitment to pro bono; he is a recipient of the Mecklenburg County Bar Association Volunteer Lawyers Program Pro Bono Attorney Award for Exemplary Service to the Indigent, is a two-time recipient of the E. Randolph Williams Award for Outstanding Pro Bono Service, and served one term as Co-Chair and one term as Co-Vice-Chair of the Dallas Bar Association Pro Bono Activities Committee. His current pro bono activities focus on creating solutions to the sexual violence and assault crisis.
- State Bar of Texas
- North Carolina State Bar
- State Bar of Michigan
- South Carolina Bar (inactive)
- Washington & Lee University School of Law, J.D., magna cum laude
Editor in Chief, Washington & Lee Law Review
Order of the Coif
- University of Washington, M.A.
- University of Washington, B.A.
- Co-Chair, Dallas Bar Association Pro Bono Activities Committee, 2002
- Co-Vice-chair, Dallas Bar Association Pro Bono Activities Committee, 2001
- Mecklenburg County Bar Association Volunteer Lawyers Program Pro Bono Attorney Award for Exemplary Service to the Indigent, 1997
- E. Randolph Williams Award for Outstanding Pro Bono Service, 1997, 1998
Speeches and Public Appearances
- Staying In: Managing Distressed Assets, Distressed Asset Roundtable & Exchange, October 6, 2009.
- Addressing Fraud In An Ever Changing Mortgage Banking Landscape: A Practical Guide to Navigating The Issues, ALI-ABA, September 30, 2009.
- Future of RMBS Litigation, Distressed Asset Roundtable & Exchange, May 13, 2009.
- Web Cast, The Next Scandal in the Credit Crisis?, West LegalEdcenter, May 1, 2009.
- Web Cast, Reviving Securitization: Prospects, Policy, and Predictions, West LegalEdcenter, April 14, 2009.
- Web Cast, The Evolution of Subprime Litigation, West LegalEdcenter, April 8, 2009.
- Web Cast, Recovery and Reinvestment: The Stimulus Package Examined, West LegalEdcenter, February 19, 2009.
- Litigation and Enforcement: Risks and Trends, American Securitization Forum Annual Meeting, February 10, 2009.
- Is this a US Problem? Analysing the Fundamentals of the European Debt Market in Light of the Turmoil in the US, 7th Annual Distressed Debt Summit, Euromoney Seminars, November 6, 2008.
- Web cast, Rescuing the Economy: An Examination of the Emergency Economic Stabilization Act of 2008, West LegalWorks, October 9, 2008.
- The Emergency Economic Stabilization Act of 2008, Wipeout, Bailout, Workout: The Regulatory, Business & Enforcement Landscape From DC to Wall Street, Directors’ Roundtable, October 7, 2008.
- Distressed Debt Litigation: Causes, Concerns, Risks and Prevention, Distressed Debt Investing & Risk Management: Navigating the Post-Subprime World, September 18, 2008.
- Web cast, Bailout or Washout: An Analysis of the Treasury Proposal to Purchase Mortgage-Related Assets, West LegalWorks, September 29, 2008.
- Web cast, Municipal Lawsuits Against Mortgage Lenders, West LegalWorks, July 21, 2008.
- The Explosion in U.S. Subprime Litigation & Regulatory Initiatives: Implications for European Market Participants, European Securitisation Forum, July 16, 2008.
- Legal Responses to the Credit Crisis: Will the UK Follow the US?, Centre for the Study of Financial Innovation, July 15, 2008.
- Web cast, The Tentacles of Securitization, West LegalWorks, June 26, 2008.
- Guest, Your Money with Chuck Jaffe, WBIX 1060 AM (Boston), June 25, 2008.
- Web cast, The Basics of Securitization, West LegalWorks, May 28, 2008.
- The Credit Crisis: Challenges and Opportunities for Young Lawyers, Southern Methodist University School of Law, April 20, 2008.
- Web cast, The Latest Regulatory, Governmental, and Legislative Responses to the Subprime Crisis, West LegalWorks, April 16, 2008.
- Web cast, Insurance, Bankruptcy, and Malpractice Developments after the Subprime Meltdown, West LegalWorks, March 19, 2008.
- Investor Actions and SEC Investigations: New Targets, Potential Exposures and Effective Defenses, Subprime Lending Litigation and Regulatory Enforcement, American Conference Institute, March 4-5, 2008.
- Pod cast, The Credit Crisis, Thomson West, February 28, 2008.
- Web cast, The Latest Legal & Regulatory Developments on the Subprime Mortgage Financial Crisis, West LegalWorks, February 26, 2008.
- Panelist, The Business of Fashion: Issues and Answers for the Apparel Industry Entrepreneur, Dallas Fashion Incubator, June 5, 2007.
- Protecting the Brand Against Fakes, Fonies, Frauds, and Forgeries: Fighting CounterFeits, Dallas Bar Association Intellectual Property Section, December 9, 2005.
- International Trademark Enforcement, TexasBarCLE 18th Annual Intellectual Property Law Course, March 11, 2005.
- The Essential Rules Every Corporate Governance Professional Must Know to Prevent Losing Corporate Brands, Society of Corporate Secretaries and Governance Professionals, February 9, 2005.
- Creating a Legally Protected Brand, Barnes & Noble Meet the Author Series, March 9, 2004 and April 20, 2004.
- Marketing Guide to Trademarks, DFW American Marketing Association, March 18, 2004.
- Protecting the Delta Dental Brand, Delta Dental Plans Association Board of Directors Retreat, February 20, 2004.
- Guest, The Louie Free Radio Show with Louie Free, WWOW 1360 AM (Youngstown), February 9, 2004.
- Guest, Business Talk New York with Adriane Berg, WLIE 540 AM (New York), February 3, 2004.
- Trademarks for Law Students, Southern Methodist University School of Law, January 28, 2004.
- General Counsel’s Guide to Trademarks, Corporate Counsel Series, January 21, 2004.
- Guest, Final Edition with Bob Lawrence, KSCJ 1360 AM (Sioux City), December 16, 2003.
- Insurance Counsel’s Guide to Trademarks, North Texas Association of Insurance Counsel, December 5, 2003.
- Guest, PM Magazine with Lindsy Parker, WBNW 1120 AM (Boston), October 30, 2003.
- Avoiding the Three Major Brand Killers, American Management Association Branding 2003 Conference, October 22, 2003.
- Low Cost IP Programs, Corporate Counsel Series, May 15, 2002.
- Encouraging Lawyers to Meet Their Moral Pro Bono Obligation, Dallas Bar Association Pro Bono Activities Committee 2002 Pro Bono Summit, May 7, 2002.
- Representing a Domestic Violence Survivor, Southern Methodist University School of Law Domestic Violence Symposium, February 15, 2002.
- Child Support Intervention Project, Dallas Association of Young Lawyers Continuing Legal Education Seminar, August 15, 2001.
- Business Ethics, Women’s Business Counsel, August 7, 2001.
- Basic Principles of Trademark Use, American Airlines, Inc. Continuing Legal Education Seminar, May 31, 2001.
- Representing An Abused Person in a Domestic Violence Protective Order Case, Mecklenburg County Bar Association Continuing Legal Education Seminar, November 19, 1998.
- Professionalism, Civility and Our Pro Bono Commitment, Mecklenburg County Bar Association Continuing Legal Education Seminar, December 3, 1997.
Articles and Policy Papers
- Talcott J. Franklin, Servicer Safe Harbor: A Legal and Policy Analysis, West LegalEdcenter White Paper, May 1, 2009.
- Talcott J. Franklin, So You Think You Understand that Securitization Contract?, American Securitization Journal, February 2009, at 19.
- Talcott J. Franklin, The Impact of Securitization on the Emergency Economic Stabilization Act of 2008, West LegalEdcenter White Papers (five updates), September 25 – October 8, 2008.
- Talcott J. Franklin, Protecting the Brand Globally: International Trademark Enforcement, TexasBarCLE 18th Annual Intellectual Property Law Course, March 10-11, 2005.
- Talcott J. Franklin, Overview of Trademark Use in Marketing, American Marketing Association Best Practices Paper, www.AMA.org.
- Talcott J. Franklin, Safeguarding Your Business’s Trade Secrets, Corporate Logo, April 2004, at 14.
- Talcott J. Franklin, Safeguarding the Most Valuable Asset: How Promotional Products Can Protect the Brand or Destroy It, Corporate Logo, March 2004, at 14.
- Talcott J. Franklin, Be on the Ball with Trademarks – Keep Courts at Bay, IndUS Business Journal, February 1, 2004.
- Talcott J. Franklin, Creating Your MLM Brand, Network Marketing Business Journal, January 2004.
- Talcott J. Franklin, Helping Lawyers Help Others: Creating a Pro Bono Program Designed to Attract and Retain a Large Volunteer Pool, 27 Journal of the Legal Profession 23 (2003).
- Talcott J. Franklin, Practical Pro Bono: How Public Service Can Enhance Your Practice, South Carolina Lawyer, Jan./Feb. 1999, at 14.
- Talcott J. Franklin, Calculating Damages for Loss of Parental Nurture Through Multiple Regression Analysis, 52 Washington & Lee Law Review 271 (1995).
- Talcott J. Franklin, Ten Years Later: An Analysis of the Effects of New York City’s Mandatory Sentencing Law, 4 Journal on Firearms & Public Policy 91 (1991).