Education
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Washington and Lee University School of Law, J.D., magna cum laude, 1995
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University of Washington, M.A., 1992
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University of Washington, B.A., 1988
Bar Admissions
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North Carolina
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South Carolina
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Texas
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Described by Booklist as “a lawyer who can write,” Talcott Franklin maintains a dual litigation practice in complex financing and intellectual property, and heads the Dallas,Texas litigation practice group at Patton Boggs.
Mr. Franklin 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.
Mr. Franklin 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. Based on his practical experience, Mr. Franklin 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.
Representative Matters
Securitization
- LaSalle Bank National Association v. Capco American Securitization Corp., No. 02 Civ. 9916 (S.D.N.Y.) (2005 WL 3046292, Nov. 14, 2005) (2006 WL 177169, Jan. 25, 2006) (2006 WL 1227539, May 5, 2006) (Patton Boggs lead counsel for plaintiff trust).
- ORIX Capital Markets LLC v. UBS Warburg Real Estate Securities, Inc., et al., Cause No. 02-2889 (134th Judicial District Court, Dallas County, Texas) (Patton Boggs lead counsel for plaintiff trust).
- Wells Fargo Bank, NA v. UBS Warburg Real Estate Securities, Inc., Cause No. 02-02849 (192nd Judicial District Court, Dallas County, Texas) (Patton Boggs lead counsel for plaintiff trust).
- LaSalle Bank National Association, Trustee for Certificateholders of Commercial Mortgage Pass Through Certificates, Series 2002-MW1, by and through GMAC Commercial Mortgage Corporation as Special Servicer v. Merrill Lynch Mortgage Lending, Inc., Case No. 04-CV5452 (PKL), 2007 WL 2324052 (S.D.N.Y. Aug. 13, 2007) (Patton Boggs lead counsel for plaintiff trust).
- LaSalle Bank v. Citicorp Real Estate, Inc., No. 01 CIV. 4389(AGS) (S.D.N.Y.) (2002 WL 181703, Feb. 5, 2002) (2002 WL 31729632, Dec. 5, 2002) (counsel for plaintiff trust).
- Financial Security Assurance Corp. v. Bay View Capital Corp., No. 03 CV 7591 (AKH) (S.D.N.Y.) (Patton Boggs counsel for defendant Bay View Capital Corp.).
- EMC Mortgage Corp. v. MortgageIT, Inc. d/b/a MIT Lending, No. 3:06-CV-440-N (N.D. Tex.) (Patton Boggs lead counsel for defendant MortgageIT).
- Morgan Stanley Mortgage Capital Holdings LLC v. Fremont Investment & Loan, No. 07-CIV-9457 (S.D.N.Y.) (Patton Boggs lead counsel for defendant Fremont Investment & Loan).
- Aurora Loan Services, LLC v. Fremont Investment & Loan, Civil Action No. 1:07-CV-01284-RPM (D. Col.) (Patton Boggs strategic counsel for defendant Fremont Investment & Loan).
- Trahan v. Long Beach Mortgage Company, Washington Mutual Bank, P.A., et al., Civil Action No. 9:05-CV-29 (TH/KFG) (S.D. Tex.) (Patton Boggs lead counsel for defendant The Bank of New York).
- TBWH Properties, L.L.C. v. Prudential Multifamily Mortgage, Inc., Cause No. 2001-17276A (333rd Judicial District Court, Harris County, Texas) (lead counsel for defendant Prudential Multifamily Mortgage, Inc.).
Intellectual Property
- Just Add Water v. Everything But Water, Inc., No. Civ. 3:04-CV-2085-H, 2005 WL 1206874 (N.D. Tex. May 18, 2005) (Patton Boggs lead counsel for defendant Everything But Water, Inc.).
- Service Experts Inc., et al. v. The ServiceMaster Company, et al., Cause No. 4:04CV215 (E.D. Tex.) (Patton Boggs lead counsel for plaintiff Service Experts Inc.).
- Antik Denim, LLC v. Mossimo, Inc., Jones Investment Company, Inc. d/b/a L.E.I.-Life-Energy-Intelligence, Jones Retail Corporation d/b/a Nine West, Target Corporation, and Does 1 through 10, No. CV05-6177 MMM(Ex), 2005 WL 3804665 (C.D. Cal.); Antik Denim, LLC v. DMBM LLC d/b/a Nine Jeans and Wax Jeans, Delia's Corp., Charlotte Russe Holding, Inc., and Does 1 through 10, No. CV 05 - 06232 - AHM (CTx), 2005 WL 3805801 (C.D. Cal.); Antik Denim, LLC v. Turn On Products, Inc. d/b/a Younique Clothing, and Alloy Inc., No. CV05-6135 SJO (CWx), 2005 WL 3805788 (C.D. Cal.) (Patton Boggs lead strategist for plaintiff Antik Denim LLC).
- DVH Companies, Inc. d/b/a Southwest Wheel Company d/b/a etrailerpart.com v. Bropfs Corp. d/b/a etrailer.com, Civil Action No. 3-06-CV-2084-P (N.D. Tex.) (Patton Boggs lead counsel for defendant Bropfs Corp.).
- Formulated and oversaw the creation and implementation of comprehensive intellectual property program involving auditing and protecting intellectual property assets, drafting corporate policies, contracts, and employment agreements, educating employees through oral, written, and web based presentations, and exploiting intellectual property resources through licensing, marketing, and tax savings at a Fortune 100 company.
Professional Affiliations:
Dallas Bar Association
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