Throughout his career, Dave Ross has tenaciously – and successfully – battled big, medium-sized, and small law firms in high-stakes litigation. Those lawsuits have included issues related to corporate shareholder disputes, breach of contract, unfair competition, unauthorized use of trade secrets, violations of non-compete provisions, antitrust, commercial fraud, tortious interference with contract, and franchising (among others). He also has handled employment matters involving claims of wrongful discharge, unlawful discrimination, sexual harassment, breach of fiduciary duties, breach of post-employment agreements, and non-payment of overtime wages.

Mr. Ross has significant experience providing non-litigation services as well. His transactional practice includes the review and negotiation of asset purchase/buy-sell agreements, franchise agreements, non-compete/non-disclosure contracts, employment-related agreements, and other contracts. He also works as an “outside general counsel” who provides day-to-day and as-needed advice to his business clients.

Indeed, Mr. Ross’s transactional and advisory work is informed by his experience as a trial lawyer. Having seen firsthand the ultimate consequences of many types of business actions and inactions, he is better able to foresee potential problems and therefore put his clients in a better position to either avoid liability or prevail in future lawsuits.

Mr. Ross is licensed to practice law in the state and federal courts of Maryland, Washington, D.C., and New Jersey. He served as Chair of the Maryland State Bar Association’s Franchise and Distribution Law Committee and as a member of a committee convened by the Maryland Securities Commissioner to examine possible changes to the administration of the Maryland Franchise Registration and Disclosure Law. Mr. Ross is also a member of the Bar Association of Montgomery County, Maryland.

REPRESENTATIVE MATTERS

• Represented lender in complex litigation arising from loan participation agreements.

  Represented lender in multiple commercial litigation matters involving joint real estate ventures.

  Representing mortgage lenders in fair lending investigations and enforcement actions.

  Litigating many partnership/corporate disputes, including but not limited to derivative actions involving alleged breaches of fiduciary duties.

  Represented entities, directors, and high-level employees in various lawsuits relating to management of not-for-profit entities.

  Handled franchise litigation matters in courts throughout the country against major franchisors.

  Represented franchisors before state administrative agencies due to alleged violations of registration and disclosure laws.

  Handled post-judgment discovery for lender.

  Handled employment law disputes relating to alleged discrimination, retaliation, breaches of fiduciary duties, and wage-and-hour violations.

NOTABLE RECENT VICTORY

• OverDrive v. The Open eBook Forum, 288 A.3d 305 (D.C. 2023) (D.C. Court of Appeals case in which Mr. Ross and co-counsel Benjamin Takis (Takis Nonprofit Law PLLC) successfully defended a trade association’s Board actions against a member organization’s challenge).

EDUCATION

• Washington College of Law (J.D. ,1997)

• Lafayette College (B.A., 1994)

BAR ADMISSIONS

• Maryland

• New Jersey

• Washington, DC

PUBLICATIONS

• Comparing Select Federal and Maryland Procedural Standards, by David G. Ross, Diane Seltzer Torre, and Richard M. Volin — This chapter appeared in the MSBA Maryland Employment Law Desktop, 2021 Revised Edition(2021, Mary T. Keating ed.).

• Evaluating Franchise Agreements: It’s About More Than Just the Terms, by Jordan M. Halle and David G. Ross – This paper was provided in connection with the authors’ presentation at the Maryland State Bar Association, Business Law Section’s 2020 Advanced Business Law Institute.

• Comparing Select Federal and Maryland Procedural Standards, by David G. Ross and Diane Seltzer Torre — This chapter appeared in the MSBA Maryland Employment Law Desktop, 2016 Replacement Page Volume (2016,Rebecca N. Strandberg ed.).

• Comparing Select Federal and Maryland Procedural Standard, by Gwen W. D’Souza and David G. Ross — This chapter appeared in the MSBA Maryland Employment Law Desktop (2014, Rebecca N. Strandberg ed.).

• The Moving Target: System Standards and the Franchisor’s “Sole Discretion” to Change Franchisee Obligations, by David G. Ross and Jeffrey S. Fabian – This article first appeared in August 2011on http://www.franchisehelp.com. Link to Publication

• Go Fish in Your Own Pond: Encroachment Liability to Fellow Franchisees, by David G. Ross – This article first appeared in July 2011 on http://www.franchise-info.ca, the official website of the International Association of Franchisees and Dealers. Link to Publication

• A Fair Use of Nominative Fair Use? Toyota Motor Sales, U.S.A., Inc. v. Tabari, by Jeffrey S. Fabian and David G. Ross – Originally published in the Maryland State Bar Association’s Annual Intellectual Property Law Update, Vol. IV, June 2011. Link to Publication

• Franchisee Legal Documents, This chapter from the undergraduate textbook Franchising: An Entrepreneur’s Guide (4th ed. 2008, Justis & Judd, eds.) was originally written by Andrew A. Caffey and then updated by Mr. Caffey and David G. Ross to reflect 2007 changes to the “FTC Rule” governing franchisors.

• The Good & the Bad: What Congress’s “Fair Pay” and “Mandatory Arbitration” Bills Mean for Franchisees, by David G. Ross – Originally published in The Franchisee Voice, Vol. 13, Issue 4,Spring 2008. Link to Publication

• Changes to Civil Rights Statutes: The Continued Increase of Employment Liability Risk, by David L. Cahn and David G. Ross – This article first appeared in the February 2008 issue of LJN’s Franchising Business &Law Alert. The publisher strictly prohibits redistribution or commercial use.

• Employer Beware: What You Don’t Know Can Hurt You, by David G. Ross and Linda Hitt Thatcher – Originally published in The Franchisee Voice, Vol. 13, Issue 2, Fall 2007.