Practice Areas: Mr. Wargo litigates in the following areas: Complex Commercial Intellectual Property and Patents Technology Alternative Dispute Resolution Unfair Competition and Noncompetition Agreements Computer Software and Licensing Disputes

Representative Matters:

• Currently defending a global, publicly-held company in a patent infringement lawsuit in the Central District of California. The patented technology at issue concerns a messaging system network that converts incoming e-mails to outbound faxes.
  
  
• Successfully defended large distribution company in a Section 337 Investigation in the United States International Trade Commission (ITC). In one of the largest patent infringement investigations to date, the Court found the subject patent invalid based on a broadening reissue amendment and a deficient reissue certificate. The Court held there was no violation of Section 337 and a general exclusion order did not issue.
  
  
• Successfully defended publicly traded technology company against $144,000,000 fraud claim brought by former supplier of company. Obtained complete dismissal of all claims on summary judgment.
  
  
• 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.
  
  
• 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.
  
  
• Immediately responded to an ex parte temporary restraining order obtained by Federal Trade Commission in Texas federal court. Obtained vacatur of order within 8 days of client's business being shut down by FTC order.
  
  
• Defended a publicly traded technology company in contractual dispute involving an alleged denial of both physical and virtual access to certain software and computers. Plaintiff sought over $10 million in damages. In federal jury trial in Miami, Florida, limited plaintiff to recovery of nominal damages of one dollar.
  
  
• Defended technology company in trademark infringement action in the United States District Court for the Northern District of California. Defeated motion for preliminary injunction and obtained ruling that plaintiff had abandoned its trademark by virtue of naked licensing.
  
  
• Obtained summary judgment on breach of fiduciary obligation claim against former in-house counsel of one of the nation's largest power companies where company learned that attorney had removed, without authorization, privileged and confidential documents.
  
  
• Represented financial institution in coordinated litigation regarding claims of usury and breach of contract in New York, California and Georgia. Successfully obtained summary judgment on all claims brought in the United States District Court for the Northern District of Georgia, which was subsequently affirmed on appeal by the United States Court of Appeals for the Eleventh Circuit.
  
  
• Successfully mediated dispute concerning division of intellectual property rights among members and former members of a Billboard Top 10 music group
  
  
• Successfully defended legal publishing company in jury trial involving allegations of violations of Lanham Act in United States District Court for the Southern District of Florida. Argued appeal which resulted in seminal Eleventh Circuit decision on recovery of attorneys’ fees in Lanham Act litigation.
  
  
• Obtained preliminary injunction for worldwide business equipment manufacturer in United States District Court for the Central District of California to prevent continued trademark infringement and false affiliation.
  
  
• Represented Internet web hosting company in breach of contract, breach of fiduciary duty, specific performance, breach of covenant of good faith and fair dealing and injunction case in federal court in Georgia, as well as related litigation in federal court in New York. Defeated opposing parties' request for preliminary injunction and obtained full dismissal of three of the six counts in Georgia litigation. Obtained award of sanctions against opposing party based on discovery abuses. Negotiated favorable settlement of both the Georgia and New York litigation to fully and finally resolve matter.
  
  
• Defended a multinational office equipment and supply manufacturer in litigation brought by the manufacturer's utility supplier seeking substantial damages in dispute over provision of natural gas. Obtained summary judgment in favor of manufacturer in the United States District Court for the Northern District of Georgia, which was affirmed by the Eleventh Circuit Court of Appeals.
  
  
• Nationwide counsel for alternative dispute resolution programs of international office equipment distributor; nationwide counsel for major overnight package delivery service in response to third party litigation; nationwide counsel for trademark protection program of international automobile distributor.
  
  
• Obtained record-setting jury verdict in Section 1983 prisoner rights litigation in the United States District Court for the Southern District of Georgia on behalf of client of Alan Dershowitz.
  
  
• Represented various print and broadcast media outlets in First Amendment matters, including successfully obtaining records of private corporation through open records act litigation.
  
  
• Obtained immediate injunctive relief in Georgia trial court against client’s former employee who engaged in trade secret theft and joined client’s competitor.
  
  
• Obtained preliminary injunctive relief in West Virginia federal court against former employee who violated employment agreement and Lanham Act unfair competition laws.
  
  
• Represented computer software company in defense of preliminary injunction sought by former employee based on employment agreement and breach of fiduciary duty claims.
  
  
• Successfully tried Lanham Act trademark case on behalf of international office equipment company in Mississippi federal court.
  
  
• Successfully tried Lanham Act trademark case on behalf of international German automotive manufacturer and distributor in Eastern District of Virginia “rocket docket.”
  
  
• Successfully tried breach of contract and tort case against automotive distributor in Georgia trial court, obtaining full compensatory and punitive damages relief.

Education and Background:

• University of Florida College of Law, Gainesville, Florida
  J.D., with Honors, 1989
  Florida Law Review, 1989
  Order of the Coif
  
  
• Duke University, Durham, N.C.
  B.S., 1985
  Major: Psychology

Professional Activities:

• Recognized as one of Georgia's "Super Lawyers" by Atlanta Magazine in 2006, 2007 and 2008
  
  
• Member of the State Bars of Florida and Georgia
  
  
• Admitted to practice in the United States Court of Appeals for the Fourth, Seventh, Ninth and Eleventh Circuits, the United States District Courts for the Northern and Middle Districts of Georgia, the United States District Court for the Middle District of Florida, the Supreme Court of Georgia, and the Georgia Court of Appeals
  
  
• Member of the Intellectual Property Law and Litigation Sections of the American Bar Association
  
  
• Adjunct Professor, Georgia Institute of Technology

Published Decisions:

• Nesselrotte v. Allegheny Energy, Inc., et. al., 615 F. Supp. 2d 397 (W.D. Pa. 2009)
  
  
• Nesselrotte v. Allegheny Energy, Inc., et. al., Civil Action No. 06-1390, 2007 WL 1411817 (W.D. Pa. May 10, 2007)
  
  
• City of Lawrenceville v. Ricoh Electronics, Inc., 370 F. Supp. 2d 1328 (N.D. Ga. 2005), aff'd, No. 05-11691, 2006 WL 839074 (11th Cir. Mar. 31, 2006)
  
  
• Brown v. Lanier Worldwide, Inc., 124 S.W.3d 883 (Tex. App.-Houston [14th Dist.] 2004)
  
  
• Halo Management, LLC v. Interland, Inc., 308 F. Supp. 2d 1019 (N.D. Cal. 2003)
  
  
• Lanier Worldwide, Inc. v. Clouse, Civil Action No. 1:01-CV-1194, 2003 WL 22026377 (Ala. August 29, 2003)
  
  
• Thomas v. Interland, Inc., Civil Action No. 1:02-CV-3175CC, 2003 WL 24065651 (N.D. Ga. August 25, 2003)
  
  
• Lipscher v. LRP Publications, 266 F.3d 1305 (11th Cir. 2001)
  
  
• Premier Holidays International , Inc. v. Actrade Capital, Inc., 105 F. Supp. 2d 1336 (N.D. Ga. 2000)
  
  
• Galindo v. Lanier Worldwide, Inc., 241 Ga. App. 78, 526 S.E.2d 141 (1999)
  
  
• Nordyke v. Santa Clara County, 110 F.3d 707 (9th Cir. 1997)
  
  
• Houston Trial Reports, Inc. v. LRP Publications, Inc., 85 F. Supp. 2d 663 (S.D. Tex. 1997)
  
  
• Phillips v. Pacific & Southern Co., 215 Ga. App. 513, 451 S.E.2d 100 (1994)
  
  
• Gulf States Steel of Alabama, Inc. v. Sec'y, Dept. of Labor, Civil Action No. 1:94-CV-2760-ODE, 1994 WL 794755 (N.D. Ga. Nov. 16, 1994)
  
  
• Hackworth v. Board of Educ. for City of Atlanta, 214 Ga. App. 17, 447 S.E.2d 780 (1994)