“Maisa is thorough, has strong attention to detail and provides immediate turnaround on work,” according to one client. Maisa Frank believes in the power of collaborating with a talented team. She said, “It is important to lift others up and to be a resourceful problem solver. I strive to bring precision to every aspect of my work, taking on the legal and strategic advisor role. This allows clients to stay focused on their business goals while we keep a broad perspective of legal matters and their effect on our client’s future.”

A seasoned litigator and a member of the Franchise & Distribution practice group, Maisa works with franchisors in many different industries, including hospitality companies, personal service businesses and quick-service restaurants nationwide.

Whether conducting pre-dispute investigations, navigating litigation or negotiating resolutions, Maisa’s pragmatic guidance is crucial for clients facing complex legal challenges. She helps clients by:

  • Resolving franchise disputes, domestically and internationally, including violations of the FTC Franchise Rule and state franchise relationship and disclosure laws.
  • Managing commercial litigation matters, including breaches of contract and business torts such as fraud, misrepresentation and contract interference.
  • Addressing unfair competition and deceptive trade practices, including claims under the Lanham Act, related state laws, and trademark infringement disputes.
  • Conducting internal investigations and representing clients in government investigations.
  • Ensuring compliance with the Foreign Corrupt Practices Act (FCPA) and related advisory services.

Clients seeking a strategic partner in franchise and commercial litigation will find Maisa’s approach, legal insight and practical problem-solving reassuring and effective, making her a valuable ally in navigating legal landscape complexities. She regularly handles:

  • Franchise & Dealership Litigation, Distribution, Termination and Dispute Resolution
  • General Business & Complex Commercial Litigation
  • International Law
  • Investigations and White-Collar Defense
  • System Standards Investigation Enforcement

As a co-editor of the firm’s monthly publication, The Franchise Memorandum, by Lathrop GPM, Maisa highlights recent legal developments pertinent to franchisors, ensuring clients stay well-informed and ready for emerging industry challenges.

Maisa currently co-chairs the firm’s Diverse Professionals Network and serves on the Culture, Diversity, and Inclusion Committee.

Before starting my legal career, I worked with an educational nonprofit where college students learned about social justice issues and participated in service-focused internships. That experience fueled my desire to champion diversity and inclusion within the legal profession. The interdisciplinary approach and analytical thinking of law school also captivated me.

When Asked…

Why did you become a lawyer?

For as long as I can remember, I wanted to help people solve problems. That is precisely why I became a lawyer.

What do you do outside of work?

Outside of work, my time is filled with activities involving our three young children. We love hiking, biking and paddling together as a family, and the kids are actively involved in baseball, swimming, dance and soccer. I also try to set aside time for yoga.

Areas of Focus

Experience

Franchise Litigation

  • Successfully defended cases brought by multiple franchisees alleging RICO, fraud, and breach of contract claims arising from alleged issues with a franchisor's representations regarding operational programs and use of fees.
  • Managed vicarious liability cases for a hotel brand.
  • Favorably negotiated a settlement on behalf of a franchisor for claims involving the termination of a 20+ unit franchise network because the franchisee had a business partner disapproved by the franchisor.
  • Obtained dismissal of claims against a franchisor brought by a third-party bank alleging tortious interference with business expectancy.
  • Obtained preliminary injunctions to enforce post-termination non-competes against franchisees.

Investigations & White-Collar Defense

  • Created Foreign Corrupt Practices Act risk assessment and drafted a multi-year compliance plan for a publicly traded company.
  • Helped a compounding center conduct an internal investigation related to the potential distribution of compromised drugs.
  • Represented a Maryland state court defendant in a case alleging their involvement in a Ponzi scheme.
  • Represented a defendant in the plea and sentencing phases of a case brought by the US Attorney's Office for the Eastern District of Virginia related to an alleged mortgage fraud scheme.

Business Litigation

  • Defended a technology platform in a dispute related to a service mark brought in the federal court in Delaware and obtained a favorable settlement.
  • Represented an advertising company, which was a subcontractor on a government contract to provide advertising services, in a breach of contract lawsuit brought by a television station related to advertisements purchased under the government contract.

Credentials

Education

  • University of Minnesota Law School (J.D., 2010)
    • Minnesota Law Review, managing research editor
  • Carleton College (B.A., Economics, cum laude, 2005)

Bar Admissions

  • District of Columbia
  • Maryland
  • Virginia

Court Admissions

  • U.S. District Court for the Central District of Illinois
  • U.S. District Court for the Eastern District of Virginia
  • U.S. Supreme Court

Recognitions

  • Franchise Times, "Legal Eagle," 2020-2024
  • Washington, D.C. Super Lawyers, "Rising Star," 2013-2020
  • Steven M. Block Prize for scholarship in civil rights or civil liberties

Presentations

  • Co-presenter, "W-6: Is a Little Competition Healthy?" 46th Annual ABA Forum on Franchising, November 2, 2023; November 3, 2023
  • Co-presenter,  "Basics Track: Franchise Litigation," IFA 2021 Legal Symposium, May 5, 2021
  • Co-presenter, "The Most Interesting Franchise Law Developments of 2018," Gray Plant Mooty Webinar, December 4, 2018
  • Co-presenter, "Top Issues in Franchise Litigation," Association of Corporate Counsel, July 27, 2017
  • 2015 MSBA Business Law Institute, April 22, 2015
  • Co-presenter, "Is it a Franchise, and Why Does it Matter?," Maryland State Bar Association, Business Law Institute, April 22, 2015
  • Co-presenter, "Data Ownership, Use, and Protection in Franchise Systems," Maryland State Bar Association, Franchise and Distribution Law Committee Meeting, May 28, 2014
  • International Franchise Association Annual Convention 2014, February 22, 2014
  • Roundtable Facilitator, "Business Solutions Roundtables: Evaluating and Learning from Franchise Terminations," IFA 54th Annual Convention, New Orleans, Louisiana, February 1, 2014

Publications

  • Co-author, "LADR Case Notes (January 2023-March 2023) and FLJ Currents (2023)," Franchise Law Journal, Vol. 42, No. 4, Fall 2023
  • Chapter Co-author, "Approaches to Resolving Cross-Border Disputes Between Franchisee and Franchisor," Lexology Getting The Deal Through, April 2019
  • Author, "Attorneys Run Down Most Interesting Cases of 2018," Franchise Times, December 7, 2018
  • Co-author, "Vicarious Liability May Apply: TCPA-Compliant Text Message Advertising in Franchise Systems," Franchise Law Journal, Vol. 35, No. 3, January 2016
  • Co-author, "Court Clarifies Enforceability Of Forum-Selection Clauses," The Franchise Lawyer, ABA Forum on Franchising, Vol. 17, No. 1, January 2014
  • "Emergence of State Initiatives Could Change Franchising," Law Journal Newsletters, Franchising Business & Law Alert, December 2013
  • Co-author, "U.S.A.: Appellate Court Reverses Lower Court's Finding That Franchise Agreement Was Renewable In Perpetuity," International Distribution Institute, October 2013
  • "Alumni Perspective: Maisa Frank," Franchise Law and Business Review, September 16, 2013
  • Co-author, "Franchised Employees Might Be Employees of Franchisor," Law Journal Newsletters, Franchising Business & Law Alert, Volume 19, Number 6, March 2013
  • "Liberty Tax Ruled Vicariously Liable For Illegal Franchisee Advertising," Blue Mau Mau, February 15, 2013
  • Co-author, "U.S.A.: Quick Service Pizza Franchisor Faces Class Action Lawsuit For Unsolicited Text Message Advertising," International Distribution Institute, February 2013
  • Co-author, "U.S.A.: Recent Decisions Find That Cleaning System Franchisees Should be Classified as Employees Under Massachusetts Law," International Distribution Institute, November 15, 2012
  • Co-author, "U.S.A.: Lost future royalties recoverable following franchise termination," International Distribution Institute, April 18, 2012
  • Co-author, "U.S.A.: Control Over National Advertising Strategy," International Distribution Institute, January 1, 2012
  • Co-author, "U.S.A.: State Challenges to Resale Price Controls," International Distribution Institute, November 15, 2011
  • Co-author, "USA: Enforcing Post-Termination Covenants Not to Compete," International Distribution Institute Newsletter, September 1, 2011
  • Co-author, "U.S.A.: Enforcement of Noncompete Covenants in Internet Sales," International Distribution Institute, July 18, 2011
  • "Note: Challenging Peremptories: Suggested Reforms to the Jury Selection Process Using Minnesota as a Case Study," 94 Minnesota Law Review 2075, January 1, 2010

Professional Activities

  • Franchise Law Journal, Associate Editor, 2023-present; Topic & Article Editor, 2021-2022
  • American Bar Association, Forum on Franchising, Diversity Caucus Steering Committee, 2018-2020
  • International Franchise Association, Legal Symposium Task Force, 2019-2021
  • Leadership Council on Legal Diversity, Fellows Program, 2017
  • National Asian Pacific American Bar Association
  • Asian Pacific American Bar Association Educational Fund, Board of Directors, 2013-2015

Community Involvement

  • Council on Legal Education Opportunity scholar