Talcott Franklin

Talcott J. Franklin has been a leader in legal innovation throughout his career.  In 2010, he established one of the nation’s first virtual law offices, which grew to over 20 senior attorneys licensed in twelve states, before transitioning the concept to Franklin Scott Conway LLP.  Tal’s creation of the Residential Mortgage-Backed Securities Investor Clearing House was “a milestone for investors” according to Reuters.  The strategy Tal created on behalf of the Knights of Columbus was called “the most novel and sensible of the litigation strategies that we have seen” in the American Banker.

In anticipation of an explosion of litigation involving mortgage-backed securities, Tal co-authored Mortgage and Asset Backed Securities Litigation Handbook (West 2008, updated annually), which remains one of West’s top selling books and the recognized treatise in the field.  Tal has served as lead counsel litigating all aspects of securitized instruments, including co-lead counsel on the largest mortgage loan repurchase case in history involving 100 trusts containing 500,000 loans.

Prior to 2010, Tal was an equity partner, Deputy Chair of Litigation firm-wide, management committee member, and Dallas office head of litigation at Patton Boggs LLP.  During his tenure, Tal and Patton Boggs partner Micah Green, under the tutelage of the legendary Tom Boggs, pioneered the litigation / public policy dispute resolution strategy, using the judicial, administrative, and legislative branches of government to achieve enhanced dispute resolution results for clients.

Their successful gutting of the “servicer safe harbor” – after it had passed both houses of Congress – kept the door open for investors to recover for losses due to the financial crisis.  One of Tal’s responsibilities at Franklin Scott Conway LLP has been building the personnel infrastructure needed to successfully navigate all branches of government on the federal, state, and local levels.

Tal’s innovative thinking even changed an entire industry.  When American Airlines acquired TWA and he was working in house as Intellectual Property Counsel, he was tasked with keeping the TWA brand alive given the use it or lose it nature of trademark rights.  His solution: Continue to fly one of the TWA planes as a tribute.  Tribute planes to legacy brands are now standard throughout the airline industry.

Tal has also applied his innovative thinking to pro bono activities.  His pro bono work early in the pandemic led to numerous states obtaining millions of units of free medical supplies.  He received the Mecklenburg County Bar Association Volunteer Lawyers Program Award for Exemplary Service to the Indigent, the E. Randolph Williams award for Outstanding Pro Bono Service, and was one of two attorneys personally recognized for the work that earned Hunton & Williams the American Bar Association national pro bono award.

In 1995, Tal graduated magna cum laude from Washington & Lee University School of Law, where he was Editor in Chief of the Washington & Lee Law Review, a member of Order of the Coif, and the recipient of the Robert and Anne Banse Honor Scholarship.  Tal has been featured on television, radio, and print media, including CNBC, NPR, the Wall Street Journal, Bloomberg, HousingWire, FOX, and numerous other outlets.

Tal is the author or co-author of three legal treatises, two books on student safety, a book on helping incarcerated persons successfully transition back into society, and numerous articles. In 2017, he created a student safety program at the request of the Virginia Board of Education to be taught throughout the state in physical education classes.  He also devotes time to enhancing mental health opportunities for attorneys and the public.

  • Washington & Lee School of Law, J.D.
  • University of Washington, M.A.
  • University of Washington, B.A.

ADMISSIONS

  • U.S. District Court for the District of Columbia
  • U.S. District Court for the District of Colorado
  • U.S. District Courts for the Eastern and Northern Districts of Texas
  • U.S. District Courts for the Eastern, Middle, and Western Districts of North Carolina
  • U.S. District Court for the District of South Carolina (Inactive)
  • State Bar of Texas
  • State Bar of Maine
  • State Bar of Michigan
  • State Bar of North Carolina
  • South Carolina Bar Association (Inactive)
  • Mecklenburg County Bar Association Volunteer Lawyers Program Pro Bono Attorney Award for Exemplary Service to the Indigent for extensive trial work on behalf of domestic violence and sexual assault survivors (1997)
  • Hunton & Williams’ E. Randolph Williams Award for Outstanding Pro Bono Service (1997-1998; 1998-1999)
  • Special recognition as part of Hunton & Williams’ team to receive pro bono service award for extensive trial work on behalf of domestic violence and sexual assault survivors and mentoring other lawyers trying similar cases (1998)
  • Special recognition as part of Hunton & Williams’ team to receive American Bar Association national pro bono award (1999)
  • Talcott J. Franklin, Dennis C. Taylor, and Ann Beytagh, Addressing Conflicts of Interest in the Context of Campus Sexual Violence, 2017 BYU Educ. & L.J. 1 (2017).
  • 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.
  • Protecting the Brand Globally: International Trademark Enforcement, TexasBarCLE 18th Annual Intellectual Property Law Course, March 10-11, 2005.
  • Overview of Trademark Use in Marketing, American Marketing Association Best Practices Paper, MarketingPower.com.
  • Safeguarding Your Business’s Trade Secrets, Corporate Logo, April 2004, at 14.
  • Safeguarding the Most Valuable Asset: How Promotional Products Can Protect the Brand or Destroy It, Corporate Logo, March 2004, at 14.
  • Be on the Ball with Trademarks – Keep Courts at Bay, IndUS Business Journal, February 1, 2004.
  • Creating Your MLM Brand, Network Marketing Business Journal, January 2004.
  • 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).
  • Practical Pro Bono: How Public Service Can Enhance Your Practice, South Carolina Lawyer, Jan./Feb. 1999, at 14.
  • Practical Skills to Respond to Bullying, Harassment and Discrimination, Maine State Bar Association, March 16, 2021
  • Maine Practice and Procedure During COVID-19, Maine State Bar Association, December 14, 2020.
  • Business Operational Safety After COVID-19, WestLegalEd Center, June 5, 2020
  • Saying Goodbye: The Ethics of Leaving to Start a Virtual Firm, WestLegalEd Center, May 8, 2020
  • COVID-19 Basics for Attorneys, WestLegalEd Center, April 1, 2020
  • Victim Impact Statements After People v. Brock Allen Turner, with Judge Brandon Birmingham, 292nd Judicial District Court, Dallas, Texas, November 1, 2017
  • Keynote Speaker, Virginia Superintendents’ Meeting, The Virginia Health and Physical Activity Institute, James Madison University, July 10, 2017
  • Current RMBS Litigation, Association of Mortgage Investors, July 12, 2017
  • Guest, Predator Protection Program Finds its Way to Roanoke, WFXR, September 19, 2016
  • Guest, Self-Protection for Kids, FOX4, April 18, 2016
  • Attorneys and Mental Illness, Dallas, Texas, February 28, 2016
  • Lawyers Guide to Protecting a Child from Sexual Assault, Dallas, Texas, February 19, 2016
  • Guest, The Strategy Session, CNBC, January 3, 2011
  • Guest, The Strategy Session, CNBC, October 20, 2010
  • Post Crisis Litigation Risks and Trends, American Securitization Forum Annual Meeting, February 2, 2010
  • 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
  • The Next Scandal in the Credit Crisis?, West LegalEdcenter, May 1, 2009
  • Reviving Securitization: Prospects, Policy, and Predictions, West LegalEdcenter, April 14, 2009
  • The Evolution of Subprime Litigation, West LegalEdcenter, April 8, 2009
  • 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? Analyzing 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
  • 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
  • Bailout or Washout: An Analysis of the Treasury Proposal to Purchase Mortgage-Related Assets, West LegalWorks, September 29, 2008
  • 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
  • The Tentacles of Securitization, West LegalWorks, June 26, 2008
  • Guest, Your Money with Chuck Jaffe, WBIX 1060 AM (Boston), June 25, 2008
  • The Basics of Securitization, West LegalWorks, May 28, 2008
  • The Latest Regulatory, Governmental, and Legislative Responses to the Subprime Crisis, West LegalWorks, April 16, 2008
  • The Credit Crisis: Challenges and Opportunities for Young Lawyers, Southern Methodist University School of Law, April 20, 2008
  • 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
  • The Credit Crisis, Thomson West, February 28, 2008
  • The Latest Legal & Regulatory Developments on the Subprime Mortgage Financial Crisis, West LegalWorks, February 26, 2008
  • 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