John T. Prisbe

Representative Matters

• Represented the board of trustees of a franchisee advertising trust fund in AAA arbitration proceedings involving governance and spending disputes, with resolution favorable to the client reached through mediation proceedings and without the need to present defense’s case; worked out arrangements with both the franchisees and the franchisor that allowed the fund to move forward with its scheduled plans, while respecting the rights of both the franchisees and the franchisor
• Represented the licensor of a trademark in disputes over whether the sale of a restaurant business with licensing arrangements constituted the sale of a franchise or business opportunity under Maryland law
• Represented and advised a Maryland purchaser of a ceramic coating business opportunity investment in arbitration claims for rescission or damages based upon material misrepresentations and non-compliance with Maryland law. This matter involved issues arising under the Maryland Franchise and Disclosure Law, the Maryland Business Opportunity Sales Act, common law intentional misrepresentation, and common law negligent misrepresentation
• Represented the manufacturer of peening equipment and shot equipment in prospective contractual negotiations with its distributors or dealers, and in disputes with its distributors or dealers
• Obtained an early seven-figure settlement in favor of a client in a breach of contract and business opportunity dispute, and related federal court litigation. After initial filing of federal court action, employed early mediation and voluntary exchanges to achieve resolution in favor of client, prior to the start of litigation
• Represented a financial institution in putative class action proceedings in federal multidistrict litigation concerning enforcement of an arbitration clause where the 11th Circuit Court of Appeals twice overturned the federal district court’s orders for failing to enforce the arbitration clause. Case settled after the trial court finally entered an order enforcing the arbitration clause and compelling individual arbitration
• Helped an insurance client obtain dismissals from both original and amended complaints in federal class action litigation involving RICO, RESPA, and consumer protection claims, and flowing from what plaintiffs’ counsel described to the media as the largest mortgage rescue fraud scheme in mid-Atlantic history
• Obtained summary judgment for the lenders and the trustee of a mortgage-backed securities trust in consolidated state court litigation challenging mortgage transactions, lending practices, and transfers to securitized trust. Involved claims under state consumer protection laws, RESPA, and the common law
• Obtained voluntary dismissal of multi-million-dollar claims asserted against an insurer as a result of alleged commercial development losses and alleged real estate title defects
• Obtained judgments and settlements for recovery of more than $1,800,000 in funds paid out as a result of alteration of a check; involved foreign banks, intermediary U.S. banks, positive pay programs, forgery, UCC Article 3 & 4 claims, insurance coverage policy, and related matters
• Obtained dismissal in multiple putative class actions where plaintiffs alleged violation of Maryland secondary mortgage loan laws and common law claims based upon charges made at closings

Representative Clients

• The Subway Franchisee Advertising Fund Trust
• Bank of America
• Fidelity National Financial, Inc.
• Old Republic Insurance Company
• SunTrust Mortgage
• The Whiting-Turner Contracting Company

Education

• J.D. cum laude University of Baltimore School of Law 1987
• B.S. University of Maryland 1982

Bar Admissions

• Maryland
• California

Court Admissions

• U.S. Court of Appeals for the Fourth Circuit
• U.S. Court of Appeals for the Eleventh Circuit
• U.S. Court of Appeals for the District of Columbia Circuit
• U.S. District Court for the District of Columbia
• U.S. District Court for the District of Maryland
• Supreme Court of Maryland (formerly the Court of Appeals of Maryland)

Clerk Experience

• Honorable John F. McAuliffe Supreme Court of Maryland (formerly the Court of Appeals of Maryland) 1987 - 1988

• Martindale-Hubbell, AV® Peer Review Rated
• Chambers USA, Construction, Maryland, 2022 – 2023
• The Best Lawyers in America
  • Commercial Litigation, 2023 – 2024
  • Litigation - Banking and Finance, 2023 – 2024
  • Litigation - Construction, 2023 – 2024