Practice Areas: Mr. Ozmer litigates in the following areas: Complex Commercial Class Action Labor and Employment Products Liability Intellectual Property Technology

Representative Matters:

• Represented large technology company in class action brought under Fair Labor Standards Act. Obtained dismissal with prejudice of all class action claims in matter of first impression in the United States Court of Appeals for the Eleventh Circuit. Also obtained emergency relief prohibiting named plaintiff from further contact with putative class members and other company employees.
  
  
• 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.
  
  
• Successfully defended large safety equipment and consulting company in products liability suit involving severe and permanent injuries sustained as result of industrial accident.
  
  
• Obtained immediate ex parte injunction and subsequent permanent injunction in Georgia state court to prevent former executive of technology company from further use and disclosure of company’s trade secrets, including customer lists. Obtained injunction in foreign court within four days of discovery of misappropriated trade secrets.
  
  
• Represented large cable television company in class action brought under Fair Labor Standards Act. Obtained summary judgment in matter of first impression prior to class certification in the United States Court of Appeals for the Sixth Circuit.
  
  
• Represented financial institution in three related cases in federal court in New York, state court in California and federal court in Georgia. Obtained summary judgment in favor of client and defeated cross-motion for summary judgment filed against client based on fraud, usury and breach of contract in federal court proceedings in Georgia. Affirmed by the United States Court of Appeals for the Eleventh Circuit.
  
  
• Successfully defended publicly traded technology company against $144,000,000 fraud claim brought by former supplier of company. Obtained summary judgment on all claims.
  
  
• Obtained $7,000,000 jury verdict in federal court for former majority shareholders of publicly traded company on claims of fraud and breach of contract.

Education and Background:

• University of Georgia School of Law, Athens, Georgia,
  Juris Doctor, summa cum laude, 1997
  
  
• Honors:
  • Graduated 2nd in class of over 200
    Georgia Law Review, 1995-1997 (Published Note at 30 Ga. L. Rev. 887, Spring 1996)
    Order of the Coif
    Awards for highest grades in Property Law, Contracts and Civil Procedure
    
    
• Georgia Institute of Technology, Atlanta, Georgia
  Bachelor of Industrial Engineering, 1986
  
  
• United States Marine Corps, 1986-2000
  Rose to the rank of Major. Served as artillery officer from 1987 to 1994, holding various leadership positions, including Artillery Battery Executive Officer, Platoon Commander, Fire Direction Officer, and Forward Observer. Served in Operation Desert Storm and was decorated for actions in combat while serving as an Artillery Battery Executive Officer. Chief Prosecutor for the Marine Corps Air Station at Cherry Point, North Carolina, from 1998 – 2000. Served as lead or sole counsel in numerous felony jury trials and represented the government in numerous administrative hearings.

Honors and Awards:

• Legal: Legal awards include Order of the Coif, Association of the Bar of the City of New York Award for Trial Advocacy 1997, Association of the Bar of the City of New York Award for Trial Advocacy 1998.
  
  
• Military: Military decorations and awards include the Combat Action Ribbon, two Navy Commendation Medals, Navy Achievement Medal, Distinguished Graduate, Artillery Officer Basic Course (finished 1st out of 242).

Published Decisions:

• Crumley v. Time Warner Cable, Inc., 554 F.Supp.2d 933 (D. Minn. 2008)
  
  
• Associated Bank-Corp. v. Earthlink, Inc., No. 05-C-0233-S, 2005 WL 2240952 (Sept. 13, 2005 W.D.Wis.)
  
  
• Thomas v. Interland, Inc., Civil Action No. 1:02-CV-3175CC, 2003 WL 24065651 (N.D. Ga. August 25, 2003)
  
  
• Fields v. AOL Time Warner, Inc., 261 F. Supp. 2d 971 (W.D. Tenn. 2003)
  
  
• Lanier v. Anthony, 261 Ga. App. 848, 583 S.E.2d 893 (2003)
  
  
• Premier Holidays International , Inc. v. Actrade Capital, Inc., 105 F. Supp. 2d 1336 (N.D. Ga. 2000)