Franklin M. Lee's practice focuses on the representation of businesses, large and small, regarding regulatory compliance with government commercial non-discrimination policies and other socio-economic programs. He also advises government clients on procurement reform, minority business program development, and other public contracting policies. Prior to entering private practice, Mr. Lee served six years as antitrust litigation counsel for the Federal Trade Commission, and then for over fifteen years as Chief Counsel for the Minority Business Enterprise Legal Defense and Education Fund, Inc., ("MBELDEF"). As MBELDEF's Chief Counsel, he provided legal representation on behalf of numerous government clients in drafting and defending minority business and disadvantaged business enterprise programs against constitutional challenges. Mr. Lee represents small and disadvantaged businesses in navigating the intricacies of minority and disadvantaged business policies and regulations: - obtaining MBE/WBE/DBE certifications from state and local governments
- obtaining 8(a) program certification from the Small Business Administration
- bid protests
- MBE/WBE policy enforcement
- representing the interests of plaintiff minority and small business owners in civil rights class actions and other complex commercial litigation
In addition to his work with MBE/WBE clients, Mr. Lee advises major corporate clients regarding contract compliance with socio-economic government policies, regulations and programs: - equal business opportunity program compliance
- compliance with commercial non-discrimination policies
- compliance with subcontracting goals and joint venture requirements
- MBE/WBE/DBE/HUB contract requirements
Mr. Lee's representation of dozens of government clients regarding their development and legal defense of various procurement and public contracting policies have brought him national recognition. On a local government level, his practice has included: - minority business enterprise (MBE) programs
- commercial non-discrimination policies
- small local business enterprise (SLBE) programs
- small disadvantaged business (SDB) programs
- idsadvantage business enterprise (DBE) programs
- small business enterprise (SBE) programs
- linked deposit policies for financial institutions
- DBE airport concessions
- capacity building initiatives
- centralized bidder registration
- working capital lending programs
- supplier development programs
- various "economic inclusion" and economic development initiatives
- minority business enterprise (MBE) programs
Among his many governmental clients are: the Cities of Baltimore, Maryland, Boston, Massachusetts, Charlotte, North Carolina, and Columbia, South Carolina. His academic/non-profit clients include: the North Carolina Institute of Minority Economic Development, the Palm Beach County School Board, and the University of Minnesota. He has also been consulted by the U.S. Department of Justice and the U.S. Department of Transportation regarding proposed revisions to federal disadvantaged business programs. Mr. Lee's federal appellate court experience relating to minority business programs, is significant and vast, and includes: - supervising and drafting of appellate briefs as amicus curiae and as an intervening party in numerous constitutional challenges to federal, state, and local minority business programs (Such briefs have been filed by Mr. Lee in federal appellate courts in the 4th, 6th, 9th, 10th and 11th judicial circuits (e.g., Carpenter v. Dole, Tennessee Asphalt v. Farris, Associated General Contractors v. San Francisco, Concrete Works v. City and County of Denver, and S.J. Groves v. Fulton County.))
- preparing briefs and pleadings in Supreme Court cases involving the constitutionality of minority business programs such as J.A. Croson v. City of Richmond, Adarand Constructors, Inc. v. Pena, and Adarand Constructors, Inc. v. Mineta (These cases addressed complex legal and factual issues under the Equal Protection Clause of the 14th Amendment.)
Moreover, there is broad recognition of Mr. Lee's professional achievements: - FTC Bureau of Competition Director Award for Outstanding Performance in General Motors Litigation
- Baltimore SmartCEO Magazine's list of Maryland's "Legal Elite" attorneys (August, 2006)
- Awarded an Unsung Hero Award by Governor's Office of Minority Affairs (2005)
- Appointment to Governor Robert L. Ehrlich's Task Force for Lending Equity within Financial Institutions Providing State Depository Services (December, 2004)
- Appointment to the Governor's Task Force on Centralized Bidder Registration (February, 2004)
- Appointed as a member of the Advisory Panel for the Greater Baltimore Committee's "Bridging the Gap" initiative (2004)
- Appointment as Commissioner to Governor's Task Force on MBE Reform (2003)
Mr. Lee is active in the community and volunteers at the Sandtown Habitat for Humanity, and is also a member of the Southern Poverty Law Center. As a frequent author and lecturer on public procurement policy and minority business issues, the media has frequently consulted with Mr. Lee for informative background and insight on related topics: - "Washington Report: Business Advocates Applaud Maryland Law." Black Enterprise Magazine interviews and quotes Franklin M. Lee regarding the recently enacted commercial non-discrimination statute in Maryland of which Mr. Lee was a primary author (September 2006)
- "State Lacks Minority Businesses to Compete for Road Work." The Baltimore Business Journal turns to Franklin M. Lee in reporting on MBE participation in Maryland road projects (July 14, 2006)
- Maryland Governor Robert L. Ehrlich, Jr., signs into law groundbreaking minority business legislation crafted by Franklin M. Lee (May 2, 2006)
- "Keeping the Devil out of the Details." A report by The Daily Record on a commercial non-discrimination measure passed by the Baltimore City Council to target discrimination in contracting. The paper turns to Franklin M. Lee, who helped draft the bill, for insight (February 17, 2006)
- Franklin M. Lee lectures on discrimination law for the National Association of College and University Attorneys, Tempe, Arizona (March 2005)
- "States Look Beyond Quotas to Promote Minority Firms" quotes Franklin M. Lee, Stateline.org, (January 11, 2005)
Bar Admissions
Maryland, 1981
Education
J.D. University of Maryland School of Law, J.D., 1980 (Member, Moot Court Board; Asper Fellowship with NAACP ) B.A. University of Chicago, 1977 National Achievement Scholar
Professional Associations and Memberships
American Bar Association
Maryland State Bar Association
Greater Baltimore Committee |
