Class and Collective Action Litigation
Wage and Hour Litigation
Complex Commercial Litigation
University of Georgia School of Law
- J.D. 1996, magna cum laude
- Order of the Coif
- Georgia Law Review, Executive Notes Editor
- Vasser Woolley Scholar
- B.S. Decision Science 1993, summa cum laude
- Presidential Scholar
- State Bar of Georgia
- State Bar of Tennessee
- U.S. Supreme Court
- U.S. Courts of Appeal for the Second, Fifth, and Sixth Circuits
- U.S. District Courts for the Northern District of Georgia and Eastern and Middle Districts of Tennessee
- Georgia Supreme Court and Court of Appeals
- Tennessee Supreme Court and Court of Appeals
C. Celeste Creswell
A native of Dalton, Georgia who is licensed in both Georgia and Tennessee, Celeste Creswell spends time in KCO’s Dalton and Atlanta offices. During her 20+ year career, Celeste has handled a wide variety of litigation in state and federal courts across the nation, including commercial, employment, intellectual property (trademark, patent, trade secret, copyright), construction, real estate, eminent domain, landlord-tenant, and appellate matters.
Celeste has served on the Board of Governors of the State Bar of Georgia, as a Barrister in the Brock-Cooper Inn of Court, and has been recognized as a Super Lawyer®. Celeste is a Life Member of the Sixth Circuit Judicial Conference, currently serves as the President of the Federal Bar Association, Chattanooga Chapter, and is a registered Georgia mediator. Celeste was appointed to serve as counsel to the United States District Court for the Eastern District of Tennessee in an attorney discipline matter, including examination of witnesses in a week-long hearing and appearing on brief in the United States Court of Appeals for the Sixth Circuit and the United States Supreme Court, where certiorari was denied and the District Court’s imposition of discipline was affirmed.
Celeste earned her undergraduate degree in Decision Science (computer science, mathematics, business, and economics) from Berry College, where she graduated summa cum laude. At the University of Georgia School of Law, Celeste published her student note in and served as Executive Notes Editor of the Georgia Law Review; earned induction into the Order of the Coif; and graduated magna cum laude. Prior to entering private practice, she served as law clerk to the Honorable Curtis L. Collier, U.S. District Court, Eastern District of Tennessee.
Celeste is also active in the community, having graduated from Leadership Dalton-Whitfield and served as Chair of the Board of Directors of United Way of Northwest Georgia; Member of the Alexis de Tocqueville Society; Chair of the Creative Arts Guild Festival; President of the Carpet Capital Chapter of the Berry College Alumni Association; and a Member of the Dalton-Whitfield County Charter and Consolidation Commission. She currently is a Westcott Associate of the Whitfield Healthcare Foundation, Elder at ChristChurch Presbyterian, Member of the Ministerial and Candidates Committee of the EPC Presbytery of the Southeast, the Lesche Women’s Club, and the Rotary Club of Dalton.
- Represented a landowner in an eminent domain jury trial and obtained an award of 1,940% of condemnor’s valuation.
- Represented a defendant in defeating class certification in a pharmaceutical antitrust MDL.
- Served by appointment as counsel to the United States District Court for the Eastern District of Tennessee in an attorney discipline case, including appeals to the Sixth Circuit and the U.S. Supreme Court.
- Represented a defendant in Lanham Act false advertising cases filed simultaneously in N.D. GA, S.D.N.Y., and S.D. LA and defeated motions for injunctive relief in all three cases.
- Represented a leading consumer healthcare company in patent infringement litigation in E.D. Tex.
- Defended a leading consumer healthcare products company in patent infringement litigation filed by Avon in S.D.N.Y.
- 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. Took lead role in briefing 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 and defeated plaintiffs’ motion to certify class.
- Defended a litigation support services company in a trade secret, breach of fiduciary duty, and unfair competition action. Obtained summary judgment in favor of the client, defeated the 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 real property owner in a federal declaratory judgment action. Obtained summary judgment defeating the 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.
- United States v. Garman, No. 3:14-cv-172, 2016 WL 3562062 (E.D. Tenn. June 24, 2016)
- Renfro v. AGC Flat Glass North America, Inc., No. 2:13-cv-31, 2015 WL 11005028 (E.D. Tenn. Feb. 18, 2015)
- Loring E. Justice v. United States District Court for the Eastern District of Tennessee, 134 S. Ct. 1363 (2014)
- In re Loring Justice, 525 F. App’x 291 (2013)
- S.K. Servs. v. FedEx Ground Package Sys., Inc., 663 F. Supp. 2d 619 (E.D. Tenn. 2009)
- Associated Bank-Corp. v. Earthlink, Inc., No. 05-C-0233-S, 2005 WL 2240952 (W.D. Wis. Sept. 13, 2005)
- Smith, et. al. v. Micron Electronics, Inc., No. CV-01-244-S-BLW, 2005 WL 5336571 (D. Idaho Feb. 4, 2005)
- Halo Management, LLC v. Interland, Inc., 308 F. Supp. 2d 1019 (N.D. Calif. 2003)
- Selected for inclusion in Mid-South Super Lawyers® (2011 (Rising Star), 2015, 2016)
- Inducted as a Life Member of the Sixth Circuit Judicial Conference (2012)
- Chosen to serve as Law Clerk to the Honorable Curtis L. Collier, United States District Court for the Eastern District of Tennessee at Chattanooga (1996-1998)
- Selected as one of Cobb Life Magazine’s “20 Rising Stars Under 40” (2007)
- Berry College Outstanding Young Alumni Award (2006)
- Executive Notes Editor, Georgia Law Review (1995-1996)
- Vasser Woolley Scholarship (full tuition plus stipend), University of Georgia School of Law (1993-1996)
- Member, Rotary Club of Dalton
- President, Federal Bar Association, Chattanooga Chapter
- Barrister, Brock-Cooper Inn of Court
- Registered Mediator, Georgia Office of Dispute Resolution
- Member, State Bar of Georgia
- Member, Tennessee Bar Association
- Member, Conasauga Bar Association
- State Bar of Georgia, Board of Governors (2008-2010)
- Member of the Dalton-Whitfield County Charter and Consolidation Commission (2011-2012)
- Leadership Dalton-Whitfield (2009)
- American Bar Association, Vice Chair of the Internet Industry Committee of the Public Utility, Communications and Transportation Law Section (2006-2008)
- “The Art of Negotiation,” Stilettos and Grace Network, February 2012
- First Amendment Crisis Averted: The Strange Case of Wikileaks.org, ABA Sec. Public Utility, Communications and Transportation L. Ann. Rep. (2008)
- Internet Industry, ABA Sec. Public Utility, Communications and Transportation L. Ann. Rep. 269 (2005)
- Corporate Trade Secret Protection in Georgia, National Business Institute (2002)
- Arbitration Clauses in Online Agreements: Reducing the Risk for Your Click and Mortar Business, Ubiquity, Vol. I, No. 17 (June 12, 2000)
- Employment Agreements—Legal and Drafting Issues, Nuts and Bolts of Corporate and Banking Law, ICLE (Feb. 1999)
- Power v. Arlington Hospital Association: Extending COBRA’s Striking Distance While Weakening the Power of Its Venom, 29 Ga. L. Rev. 1171 (Summer 1995)