- Employment Law
- Complex Commercial Litigation
- Class and Collective Action Litigation
- Wage and Hour Litigation
- Appellate Litigation
University of Georgia School of Law
- J.D. 1997, summa cum laude
- Order of the Coif
- Georgia Law Review, Executive Articles Editor
Georgia Institute of Technology
- Bachelor of Industrial Engineering 1986
- Reserve Officers Training Corps
- State Bar of Georgia
- State Bar of California
U.S. Supreme Court and Courts of Appeal for the Fourth, Sixth, Seventh, Eighth, Ninth and Eleventh Circuits
U.S. District Courts for the Northern and Middle Districts of Georgia, Central and Southern Districts of California, Western District of Wisconsin and District of Colorado
Georgia Supreme Court
Joseph W. Ozmer II
Joseph Ozmer is a founding partner of KCO and practices employment law, complex commercial litigation, and class and collective action litigation. Joe has represented clients in over 50 class and/or collective actions, as well as numerous individual cases involving employment discrimination, trade secrets, restrictive covenants, wage and hour issues, fraud, breach of contract, products liability, defamation, and other torts. Joe has represented clients in the federal and state courts of more than 25 states, as well as before the United States Department of Labor and the Equal Employment Opportunity Commission. Joe also has significant experience arguing before federal appellate courts, and has had the honor of arguing before the California Supreme Court.
Joe earned his undergraduate degree in Industrial Engineering from Georgia Tech. Prior to becoming an attorney, Joe served in the United States Marine Corps as an artillery officer, where he was decorated for his actions while serving in combat during Operations Desert Shield and Desert Storm. While still a Marine, Joe attended the University of Georgia School of Law, where he graduated summa cum laude, finishing second in his class and earning induction into the Order of the Coif. Joe served as the Executive Articles Editor for the Georgia Law Review, and his Note—published at 30 Ga. Law. Rev. 887—was placed on the National Law Journal’s “Worth Reading List.” During law school, Joe completed an internship with the Honorable B. Avant Edenfield in the United States District Court for the Southern District of Georgia. Following law school, Joe continued on in the Marine Corps, attaining the rank of Major. Joe served as the Chief Trial Counsel and Military Justice Officer for the Marine Corps Air Station at Cherry Point, North Carolina, where he tried numerous criminal and administrative cases, and received two awards for outstanding trial advocacy. Joe has been recognized as a Georgia Super Lawyer® since 2009, and has also been recognized as one of Georgia Trend’s “Legal Elite.”
- Defended major cable television provider in numerous class and collective action matters throughout the country, frequently prevailing on dispositive motions and consistently defeating class certification.
- In a putative nationwide wage and hour class action based on allegation that client’s rounding policy was unlawful, defeated class certification and obtained summary judgment on all claims. In a published opinion that contained favorable rulings on multiple issues of first impression, the Ninth Circuit affirmed the district court’s order in its entirety. Corbin v. Time Warner Entm’t-Advance/Newhouse P’ship, 821 F.3d 1069 (9th Cir. 2016).
- Defended a Fortune 50 company in a consumer fraud class action in Minnesota, obtaining a complete dismissal of all claims based on the filed rate doctrine. Upheld on appeal by the United States Court of Appeals for the Eighth Circuit. Crumley v. Time Warner Cable, Inc., 554 F. Supp. 2d 933 (D. Minn. 2008), aff’d. 556 F.3d 879 (8th Cir. 2009). These decisions were the first in the country to apply the filed rate doctrine to regulated rates for cable television service.
- Obtained $7,000,000 jury verdict in U.S. District Court for the Eastern District of Virginia for former majority shareholders of publicly-traded company on claims of fraud and breach of contract.
- Obtained summary judgment in nationwide wage and hour class action on complex issues of first impression involving proper computation of the employees’ “regular rate of pay” for purposes of calculating overtime compensation.
- Obtained summary judgment for telecommunications company on wage and hour and meal/rest breaks claims in federal court in California, and prevailed on appeal in matters of first impression before Ninth Circuit. Deleon v. Time Warner NY Cable LLC, No. 11–56699, 510 F. App’x 545 (9th Cir. 2013).
- Represented national hotel chain in multiple race and sex discrimination lawsuits in federal courts in Georgia and Florida. Obtained summary judgment or nuisance value settlement after taking plaintiff’s deposition in each case.
- Represented international consulting company in class action brought by former employee under Americans with Disabilities Act and ERISA. Prevailed on motion to dismiss prior to discovery or class certification.
Craig v. BearingPoint, Inc., No 1 08-CV-2476 (N.D. Ga. Dec. 10, 2008).
- Represented telecommunications provider in multiple actions involving misappropriation of trade secrets and employee raiding in courts in Florida, Illinois, Virginia, and Texas. Obtained relief including return of misappropriated information, consent injunctions, and attorneys’ fees.
- Defended a leading ISP 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 safety equipment and consulting company in federal court in Louisiana in products liability lawsuit involving severe and permanent injuries sustained as result of industrial accident.
- Defended large internet hosting company against class action brought under Fair Labor Standards Act. Obtained dismissal with prejudice of all collective action claims in matter of first impression in the Eleventh Circuit. Also obtained emergency relief prohibiting named plaintiff from further contact with putative class members and other company employees.
- Obtained immediate ex parte injunction and subsequent permanent injunction in Florida state court to prevent former executive of web hosting company from further use and disclosure of company’s trade secrets, including customer lists.
- Represented financial services company in multiple related cases in federal courts in Georgia and New York, and state court in California. 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.
- Defended publicly-traded technology company against $144,000,000 fraud claim brought by former supplier of company, obtaining summary judgment on all claims.
- Bonnie Eslinger, TWC Workers Fight Timecard Rounding Policy At 9th Circ., LAW360, September 3, 2015
- Carolina Bolado, Time Warner Workers Lose Class Cert. Bid In Wage Suit, LAW360, December 19, 2012
- Zach Winnick, Time Warner Field Technician Drops Class Wage Claims, LAW360, April 30, 2012
- Allison Grande, Field Techs Lose Cert. Bid In Time Warner FLSA Suit, LAW360, January 3, 2011
- Ryan Davis, Time Warner Wins Dismissal Of Overtime Action, LAW360, January 28, 2010
- Jacqueline Bell, 8th Cir. Tosses Overcharging Suit v. Time Warner, LAW360, February 26, 2009
- Manigo v. Time Warner Cable, Inc., 2017 WL 5151360 (C.D. Cal. Apr. 4, 2017)
- Manigo v. Time Warner Cable, Inc., 2017 WL 5054368 (C.D. Cal. Oct. 17, 2017)
- Groshek v. Time Warner Cable Inc., 865 F.3d 884 (7th Cir. 2017)
- Corbin v. Time Warner Entm’t-Advance/Newhouse P’ship, 821 F.3d 1069 (9th Cir. 2016)
- Deleon v. Time Warner NY Cable LLC, 11–56699, 510 F. App’x 545 (9th Cir. 2013)
- Waine-Golston, et. al. v. Time Warner-Advance/Newhouse LP, No. 11cv1057–GPB(RBB), 2013 WL 1285535 (S.D. Cal. March 27, 2013)
- Gillings v. Time Warner Cable LLC, CV 10–5565–AG(RNBx), 2012 WL 1656937, (C.D. Cal. March 26, 2012)
- Deleon v. Time Warner Cable LLC, No. CV 09-2438 AG (RNBx), 2010 WL 669116 (C.D. Cal. Feb. 22, 2010)
- Botello v. COI Telecom, LLC, No. SA-10-CV-305-XR, 2010 WL 5464824 (W.D. Tex. Dec. 30, 2010)
- Harding v. Time Warner, Inc., No. 09CV1212-WQH-WMC, 2010 WL 457690 (S.D. Cal. Jan. 26, 2010)
- Crumley v. Time Warner Cable, Inc., 556 F.3d 879 (8th Cir. 2009)
- Harding v. Time Warner, Inc., No. 09CV1212-WQH-WMC, 2009 WL 2575898 (S.D. Cal. Aug. 18, 2009)
- Thoroughbred Legends, LLC v. The Walt Disney Co., No. 1:07-CV-1275-BBM, 2008 WL 616253 (N.D. Ga. Feb. 12, 2008)
- Crumley v. Time Warner Cable, Inc., 554 F. Supp. 2d 933 (D. Minn. 2008), aff’d 556 F.3d 879 (8th Cir. 2009)
- Associated Bank-Corp. v. Earthlink, Inc., No. 05-C-0233-S, 2005 WL 2240952 (W.D. Wis. Sept. 13, 2005)
- Thomas v. Interland, Inc., No. 1:02-CV-3175CC, 2003 WL 24065651 (N.D. Ga. Aug. 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 Int’l, Inc. v. Actrade Capital, Inc., 105 F. Supp. 2d 1336 (N.D. Ga. 2000)
- Recognized as one of Georgia’s Super Lawyers® since 2009
- Recognized as one of Georgia Trend’s “Legal Elite” since 2016
- Association of the Bar of the City of New York Award for Trial Advocacy as top trial advocate in Naval Justice School Class (1997)
- Association of the Bar of the City of New York Award for Trial Advocacy as top trial advocate in Criminal Law Advocacy Course at the Army Judge Advocate General’s School (1998)
- Adjunct Professor, Georgia Institute of Technology
- Member of Georgia World War I Centennial Commission