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Last updated: 8/17/2017
Wargo & French LLP
Law Firm Member
Professional Information
Wargo & French LLP
999 Peachtree Street, NE
26th Floor
Atlanta
Georgia
30309  United States
 [ Map ]
404 853-1505 (Phone)
404 853-1501 (Fax)
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  Wargo French was established in 2003. The Firm has offices in Atlanta, Georgia, Los Angeles, California and Miami, Florida. Wargo French is the premier firm of its size in these markets and is committed to providing the highest level of service to its clients. Wargo French focuses on building a mutual sense of trust and confidence with its clients.

As a result of our high-quality work product and focus on client service, Wargo French has developed long-standing relationships with its clients. Indeed, many of Wargo French’s clients have been represented by members of the Firm for over two decades. This is the hallmark and founding principle of our Firm: providing excellent legal work with an outstanding level of service and responsiveness.

Many of our attorneys either began their careers or have spent considerable portions of their careers with large law firms (500-plus attorneys) and were recruited to Wargo French based on their excellent credentials, career accomplishments and attitude toward client service. The vast majority of Wargo French’s attorneys are also honor graduates from prominent law schools, with many having served in clerkships for the federal judiciary. The quality, experience, and personality of the attorneys in the Firm are our most important assets and distinguish our Firm from other law firms.

Recognitions:
• Martindale-Hubbell AV Rated
• Best Lawyers in America
• Rising Stars
• Super Lawyers
• American Arbitration Association Panel
• State Bar of California Certified Appellate Specialist
• Top 500 Go-To Firm
• Leadership Miami, Class of 2007-2008
• GOOD Guys – Guys Overcoming Obstacles to Diversity (firm and several male attorneys) – committed to overcoming gender inequality and advancing women in the legal profession by the Miami-Dade Florida Association for Women Lawyers

  Practice Areas:
Mr. Wargo practices in the following areas:
Complex Commercial Litigation
Appellate Litigation
Alternative Dispute Resolution
Technology Law
Trade Secrets and Unfair Competition
Intellectual Property and Patents
Computer Software and Licensing Disputes

Representative Matters:
• Represented four whistleblowers in a qui tam lawsuit alleging that a for-profit education company had defrauded the United States Government out of hundreds of millions of dollars in Title IV funds. Aggressively pursued the litigation over eight years, including appeals. Ultimately reached a settlement with the publicly-traded defendant resolving the matter for a payment of $32 million.
• 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.
• 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.
• Obtained nationwide preliminary injunctive relief in an action between industry-leading competitors, enjoining various types of unfair competition, including tortious and criminal conduct.
• 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.
• Represented computer software company in defense of preliminary injunction sought by former employee based on employment agreement and breach of fiduciary duty claims.
• Defended multinational office equipment company against multi-million dollar breach of contract and unfair and deceptive trade practices claims in the Middle District of North Carolina. Obtained summary judgment on unfair and deceptive trade practices claim, and reached favorable settlement after extensive pre-trial hearing on Daubert motion to exclude plaintiff’s lost profits expert.
• Obtained immediate injunctive relief in Georgia trial court against client’s former employee who engaged in trade secret theft and joined client’s competitor.
• Defended 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.
• 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.
• Represented multinational financial institution in action brought by property insurer alleging breach of contract and seeking over $1 million in damages. Obtained summary judgment on all claims in the United States District Court for the Northern District of Georgia on several independent grounds, including (1) that the alleged contract was in violation to Georgia statutory law and thus unenforceable, and (2) that the alleged contract also failed to meet numerous of the requirements for a valid contract. Following oral argument in the United States Court of Appeals for the Eleventh Circuit, the summary judgment was affirmed.
• Briefed and argued before Eleventh Circuit to affirm summary judgment on behalf of multinational financial institution concerning Plaintiff's Employee Polygraph Protection Act claim, in first published opinion by the Eleventh Circuit regarding the “Ongoing Investigation” exemption to the Employee Polygraph Protection Act.
• 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.
• 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.
• 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.
• 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.
• 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.
• Represented financial institution in coordinated litigation regarding claims of usury and breach of contract in New York, California and Georgia. 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.
• 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.
• 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.
• Obtained preliminary injunctive relief in West Virginia federal court against former employee who violated employment agreement and Lanham Act unfair competition laws.
• Tried Lanham Act trademark case on behalf of international office equipment company in Mississippi federal court.
• Tried Lanham Act trademark case on behalf of international German automotive manufacturer and distributor in Eastern District of Virginia “rocket docket.”
• Tried breach of contract and tort case against automotive distributor in Georgia trial court, obtaining full compensatory and punitive damages relief.

Education:
University of Florida School of Law, Gainesville, Florida
J.D., with Honors, 1989

Honors:
Florida Law Review, 1989
Order of the Coif

Duke University, Durham, North Carolina
B.S., 1985

Published Decisions:
• United States ex rel. Powell v. Am. Intercontinental Univ., Inc., No. 1:08-CV-2277-RWS, 2016 WL 5092513 (N.D. Ga. Sept. 20, 2016)
• Brookwood Funding, LLC v. Avant Credit Corp., Inc., No. 1:14-CV-2960-SCJ, 2015 WL 11504556 (N.D. Ga. July 28, 2015)
• Bates v. JPMorgan Chase Bank, NA, 768 F.3d 1126 (11th Cir. 2014)
• Bates v. J.P. Morgan Chase Bank, N.A., No. 4:12-CV-43 CDL, 2013 WL 5755585 (M.D. Ga. Oct. 23, 2013)
• Arsali v. Chase Home Fin. LLC, 121 So. 3d 511 (Fla. 2013)
• U.S., ex rel. Powell v. American InterContinental Univ., Inc., et al., 756 F. Supp. 2d 1374 (N.D. Ga. Nov. 22, 2010)
• Nesselrotte v. Allegheny Energy, Inc., 615 F. Supp. 2d 391 (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. Aug. 29, 2003)
• Thomas v. Interland, Inc., Civil Action No. 1:02-CV-3175CC, 2003 WL 24065651 (N.D. Ga. Aug. 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)

Professional Activities:
• Consistently recognized as one of Georgia’s “Super Lawyers” by Atlanta Magazine since 2006
• Member of the Intellectual Property Law and Litigation Sections of the American Bar Association
• Member, American Arbitration Association National Roster of Arbitrators and Mediators
• Judge in University of Georgia’s “Next Top Entrepreneur” event
• Member, Hispanic National Bar Association

Bar and Court Admissions:
• State Bars of Florida and Georgia
• Admitted to practice before the United States Supreme Court, 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 and Southern Districts of Florida, the Supreme Court of Georgia and the Georgia Court of Appeals
Directory Listing Information
 
Wargo & French LLP
 
GEORGIA:Atlanta
FLORIDA:Miami
CALIFORNIA:Los Angeles
 
APPELLATE PRACTICE:
BANKING:Commercial Lending
BANKING:Letters of Credit & Revolving Loans
BANKING:Private Banking Transactions
BANKING:Private Equity & Fund Transactions
BANKING:Real Estate Financing
BANKING:Syndicated Credit Facilities, Club Deals & Syndicated Reviews
BANKING:Workouts and Restructurings
BANKRUPTCY:
CIVIL TRIAL:
CLASSACTION LITIGATION:
COMPUTER:
CONSTRUCTION:Architectural and Design Professional Agreements
CONSTRUCTION:Construction Contracts
CONSTRUCTION:Consulting Agreements
CONSTRUCTION:Equipment Procurement
CONSTRUCTION:Mechanics and Materials Lien Law
COPYRIGHT:
CORPORATE:
EDUCATION:
FRANCHISE:
INSURANCE:Auto
INSURANCE:Bad Faith
INSURANCE:Construction
INSURANCE:Coverage
INSURANCE:Directors and Officers
INSURANCE:Employment Practices
INSURANCE:Environmental and Toxic Tort
INSURANCE:Errors and Omissions
INSURANCE:Extra Contractual Liability
INSURANCE:Farm Owners
INSURANCE:General Liability
INSURANCE:Governmental Entity
INSURANCE:Homeowners
INSURANCE:Inland Marine
INSURANCE:Life, Health and Disability
INSURANCE:Ocean Marine
INSURANCE:Premises
INSURANCE:Product Liability
INSURANCE:Professional Liability
INSURANCE:Property
INSURANCE:Third Party
INSURANCE:Transportation
INSURANCE:Umbrella
INTELLECTUAL PROPERTY:IP Agreements
INTELLECTUAL PROPERTY:Commercial Contracts
INTELLECTUAL PROPERTY:Commercial Leases
INTELLECTUAL PROPERTY:Licensing
INTELLECTUAL PROPERTY:Software Distribution Agreements
INTELLECTUAL PROPERTY:Other Transactions
INTELLECTUAL PROPERTY:Copyrights-Application For Registration
INTELLECTUAL PROPERTY:Copyrights-Prosecution
INTELLECTUAL PROPERTY:Copyrights-Arbitration
INTELLECTUAL PROPERTY:Copyrights-Court Proceedings
INTELLECTUAL PROPERTY:Copyrights-Itc Action/Cbp Protection
INTELLECTUAL PROPERTY:Copyrights-Domestic Licensing
INTELLECTUAL PROPERTY:Copyrights-International Licensing
INTELLECTUAL PROPERTY:Copyrights-Domestic Agreements
INTELLECTUAL PROPERTY:Copyrights-International Agreements
INTELLECTUAL PROPERTY:Copyrights-Searches
INTELLECTUAL PROPERTY:Copyrights-Audits
INTELLECTUAL PROPERTY:Copyrights-Opinions
INTELLECTUAL PROPERTY:Domain Names-Arbitration
INTELLECTUAL PROPERTY:Domain Names-Court Proceedings
INTELLECTUAL PROPERTY:Patents-Arbitration
INTELLECTUAL PROPERTY:Patents-Court Proceedings
INTELLECTUAL PROPERTY:Patents-Itc Action/Cbp Protection
INTELLECTUAL PROPERTY:Patents-Domestic Licensing
INTELLECTUAL PROPERTY:Patents-Domestic Agreements
INTELLECTUAL PROPERTY:Trademarks-Application For Registration
INTELLECTUAL PROPERTY:Trademarks-Prosecution
INTELLECTUAL PROPERTY:Trademarks-Six-Year Renewal (Sections 8 & 15 Declarations)
INTELLECTUAL PROPERTY:Trademarks-Ten-Year Renewal (Sections 8 & 9 Declarations)
INTELLECTUAL PROPERTY:Trademarks-State Applications
INTELLECTUAL PROPERTY:Trademarks-Appeals To Ttab
INTELLECTUAL PROPERTY:Trademarks-Comprehensive Search
INTELLECTUAL PROPERTY:Trademarks-Audits
INTELLECTUAL PROPERTY:Trademarks-Opinions
INTELLECTUAL PROPERTY:Trademarks-Arbitration
INTELLECTUAL PROPERTY:Trademarks-Court Proceedings
INTELLECTUAL PROPERTY:Trademarks-Oppositions
INTELLECTUAL PROPERTY:Trademarks-Cancellations
INTELLECTUAL PROPERTY:Trademarks-Itc Action/Cbp Protection
INTELLECTUAL PROPERTY:Trademarks-Domestic Licensing
INTELLECTUAL PROPERTY:Trademarks-Domestic Agreements
INTELLECTUAL PROPERTY:Trade Secrets-Develop Programs & Agreements For Protection
INTELLECTUAL PROPERTY:Trade Secrets-Searches
INTELLECTUAL PROPERTY:Trade Secrets-Audits
INTELLECTUAL PROPERTY:Trade Secrets-Opinions
INTELLECTUAL PROPERTY:Trade Secrets-Arbitration
INTELLECTUAL PROPERTY:Trade Secrets-Court Proceedings
INTELLECTUAL PROPERTY:Trade Secrets-Itc Action/Cbp Protection
INTELLECTUAL PROPERTY:Trade Secrets-Domestic Licensings
INTELLECTUAL PROPERTY:Trade Secrets-Domestic Agreements
LABOR AND EMPLOYMENT:Advising on Employee Matters
LABOR AND EMPLOYMENT:Agency Investigations
LABOR AND EMPLOYMENT:Arbitration
LABOR AND EMPLOYMENT:Class Actions
LABOR AND EMPLOYMENT:Counseling
LABOR AND EMPLOYMENT:Drafting Employee Handbooks / Policies / Documents
LABOR AND EMPLOYMENT:FLSA (litigation)
LABOR AND EMPLOYMENT:FLSA (non-litigation)
LABOR AND EMPLOYMENT:FMLA (litigation)
LABOR AND EMPLOYMENT:FMLA (compliance)
LABOR AND EMPLOYMENT:Harassment / Discrimination / Retaliation
LABOR AND EMPLOYMENT:Internal Investigations
LABOR AND EMPLOYMENT:OSHA (litigation)
LABOR AND EMPLOYMENT:OSHA (compliance)
LABOR AND EMPLOYMENT:Sarbanes-Oxley
LABOR AND EMPLOYMENT:Title VII
LABOR AND EMPLOYMENT:Trade Secret
LABOR AND EMPLOYMENT:Training
LABOR AND EMPLOYMENT:Wage & Hour (litigation)
LABOR AND EMPLOYMENT:Wage & Hour (compliance)
LABOR AND EMPLOYMENT:Whistle Blowing
LITIGATION:
MERGERS & ACQUISITIONS:Asset/Stock Purchases
MERGERS & ACQUISITIONS:Strategic Acquisitions & Divestitures
MERGERS & ACQUISITIONS:Joint Ventures/Strategic Alliances
MERGERS & ACQUISITIONS:Recapitalizations & Restructures
MERGERS & ACQUISITIONS:Real Estate Purchases & Syndications
PATENT:
PRIVATE EQUITY:
PRODUCT LIABILITY LITIGATION:
REAL ESTATE:Acquisitions, Leasing & Dispositions
REAL ESTATE:Development
REAL ESTATE:Eminent Doman
SECURITIES:Going Private; Other Tender Offers
SECURITIES:Public Finance: Offerings & Continuing Disclosure
SPORTS:
ENTERTAINMENT:
TRADEMARK:
TRANSPORTATION:
ALTERNATIVE DISPUTE RESOLUTION:
CONTRACT:
TECHNOLOGY:Software Licensing and Development
TECHNOLOGY:SaaS and Cloud Computing
SUPPLY CHAIN AND PROCUREMENT:
 
MBE
 
20-50
 
English
French
Russian
Spanish
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