ccreswell@wargofrench.com		Download V-Card		Printer Friendly Page

Practice Areas: Ms. Creswell litigates in the following areas: Complex Commercial Intellectual Property and Patents Class Actions Labor and Employment Real Estate

Representative Matters:

• Represented a publicly traded company in multi-million dollar bad faith denial of coverage litigation and obtained summary judgment finding coverage available, which ultimately led to a favorable settlement.
  
  
• Defended a leading Internet service provider against Lanham Act, state unfair competition, and tortious interference claims asserted by a $20+ billion multibank holding company. In a case of first impression within the Seventh Circuit, obtained summary judgment dismissing all of Plaintiff’s claims by finding Defendant was immune from liability pursuant to the Communications Decency Act, 47 U.S.C. § 230.
  
  
• Retained to represent a major personal computer manufacturing company after a class action was conditionally certified against the client pursuant to the Fair Labor Standards Act. Partnered with existing counsel and took lead role in briefing and oral argument that resulted in decertification of the class.
  
  
• Defended a publicly traded company in a trademark infringement action in the United States District Court for the Northern District of California. Defeated a motion for preliminary injunction and obtained a ruling that plaintiff had abandoned its trademark by virtue of naked licensing.
  
  
• Defended a web hosting company in a putative class action regarding alleged violations of the Telephone Consumer Protection Act pending in state court in Pennsylvania.
  
  
• Represented a leading internet service provider in patent infringement litigation pending in the United States District Court for the District of Delaware.
  
  
• Represented an international office equipment company in a Lanham Act false advertising and restrictive covenant case filed against a former employee in federal district court in West Virginia. Negotiated a global settlement including non-parties (the former employee’s new employer and another former employee who had joined the same company), which required the offending parties to pay attorneys’ fees and abide by the terms of the restrictive covenant.
  
  
• Defended a litigation support services company in a trade secret, breach of fiduciary duty and unfair competition action in the United States District Court for the Northern District of Georgia. Obtained summary judgment in favor of Defendant, defeated Plaintiff’s cross-motion for summary judgment and recovered the costs of the action.
  
  
• Appeared as appellate counsel on brief and in oral argument in the Georgia Court of Appeals on behalf of a commercial landlord. Obtained a decision affirming the trial court’s ruling on the principal contract issue and reversing the trial court’s decision barring the landlord from recovering attorneys’ fees.
  
  
• Represented a computer software company in connection with a trade secret, breach of contract and breach of fiduciary duty action against a former officer and employee. Defeated Defendant’s effort to obtain injunctive relief regarding his counterclaims and subsequently negotiated a favorable settlement.
  
  
• Represented a real property owner in a federal declaratory judgment action. Obtained summary judgment defeating Plaintiff’s attempt to establish a contract to purchase real property by virtue of an alleged “e-mail signature,” pursuant to the Federal E-Sign Act.
  
  
• Represented a telecommunications company in a trademark infringement action. Within one month of filing suit, successfully negotiated a settlement requiring Defendant to change its corporate name and notify the public service commission of its name change in every state in which it does business.
  
  
• Represented an individual in a non-jury trial concerning fraud and breach of contract. Obtained the full monetary judgment requested and defeated Defendant’s application for discretionary appeal to the Georgia Court of Appeals and motion to set aside judgment.

Education:

• University of Georgia School of Law, Athens, Georgia
  Juris Doctor, magna cum laude, 1996
  Georgia Law Review, Executive Notes Editor (1995-1996)
  Order of the Coif
  Vasser Woolley Scholarship
  
  
• Berry College, Rome, Georgia
  B.S., summa cum laude, 1993
  Major: Decision Science (Mathematics, Computer Science, Business, Economics)

Professional Activities and Publications:

• United States District Court, E.D. Tenn., Chattanooga, Tennessee, Law Clerk to the Honorable Curtis L. Collier, 1996 to 1998
  
  
• Member of the State Bars of Georgia and Tennessee, the Intellectual Property Law Section of the State Bar of Georgia, and the American Bar Association
  
  
• Vice Chair of the Internet Industry Committee of the Public Utility, Communications and Transportation Law Section of the American Bar Association
  
  
• Admitted to practice in the United States Court of Appeals for the Eleventh Circuit, the United States District Courts for the Northern District of Georgia and the Eastern District of Tennessee, the Supreme Court of Georgia, the Georgia Court of Appeals and all Tennessee state courts
  
  
• 2005 Berry College Outstanding Young Alumni Award
  
  
• Member of the Berry College Alumni Council and President of the Berry College Math and Science Alumni Association
  
  
• Author, Power v. Arlington Hospital Association: Extending COBRA’s Striking Distance While Weakening the Power of Its Venom, 29 Ga. L. Rev. 1171 (Summer 1995)
  
  
• Co-Author & Faculty, Corporate Trade Secret Protection in Georgia, National Business Institute (January 2002)
  
  
• Author, Arbitration Clauses in Online Agreements: Reducing the Risk for Your Click and Mortar Business, Ubiquity, Vol. I, No. 17 (June 12, 2000)
  
  
• Co-Author, Employment Agreements – Legal and Drafting Issues, Nuts and Bolts of Corporate and Banking Law, ICLE (Feb. 1999)
  
  
• Co-Author, Internet Industry, 2005 A.B.A. Sec. Pub. Util., Comms., & Transp. L. Ann. Rep. 269

Published Decisions:

• Associated Bank-Corp. v. Earthlink, Inc., No. 05-C-0233-S, 2005 WL 2240952 (W.D. Wis. Sept. 13, 2005)
  
  
• Hagemeyer North Am., Inc. v. Gateway Data Sciences Corp., 222 F.R.d. 594 (E.D. Wis. 2004)
  
  
• Halo Management, LLC v. Interland, Inc., 2004 WL 1781013 (N.D. Cal. Aug. 10, 2004)
  
  
• Halo Management, LLC v. Interland, Inc., 308 F. Supp. 2d 1019 (N.D. Cal. 2003)
  
  
• Singer Asset Finance Co. v. CGU Life Ins. Co., 567 S.E. 2d 9 (Ga. 2002)
  
  
• CGU Life Ins. Co. v. Singer Asset Finance Co., 553 S.E. 2d 8 (Ga. Ct. App. 2001)
  
  
• Insurance Industry Consultants, Inc. v. Essex Investments, Inc., 249 Ga. App. 837, 549 S.E. 2d 788 (2001)