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Eric Schroeder is a litigator and advisor who specializes in helping companies with unfair competition, intellectual property and "content" issues.  

Mr. Schroeder advises and litigates for companies from start-ups to the Fortune 100 level on false advertising, trademark, copyright, defamation, right of publicity, privacy, software licensing and general commercial litigation matters which arise when companies speak, publish, advertise and otherwise seek to extend or protect their brand, reputation and sales in the marketplace. This includes advice on First Amendment and other content issues relevant for businesses, technology companies, media, artists and sports teams, such as pre-publication content review, managing companies’ reputation and intellectual property and issues arising from publishing content and advertising on the internet. 

Before joining the firm, Mr. Schroeder clerked with the Honorable William C. O'Kelley, United States District Court for the Northern District of Georgia.

Mr. Schroeder recently served as the President of the Atlanta Chapter for the Federal Bar Association, and has served on its Executive Committee for several years.  

Civic Involvement & Honors

    • Recognized by Top Verdict as winner of one of the Top 20 Verdicts in Georgia in the year 2016 for WIKA Instrument Corp. v. Ashcroft (10th highest verdict)
    • Georgia Super Lawyer Top List (2013)
    • Georgia Super Lawyer (2009 - 2016)
    • Georgia Rising Star (2006 - 2007)
    • Frazer Center – Former Board Member and Chairman
    • True Colors Theater Company – Board Member
    • Georgia Super Lawyer (2009 - 2016)
    • Georgia Rising Star (2006 - 2007)
    • Frazer Center – Former Board Member and Chairman
    • True Colors Theater Company – Board Member
    • Frazer Center – Former Board Member and Chairman
    • True Colors Theater Company – Board Member
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Professional Affiliations

    • Federal Bar Association, Atlanta Chapter: former President and Executive Committee
    • State Bar of Georgia, Media Judiciary Conference, Organizing Committee
    • Atlanta Sports Counsel Roundtable, Founding Member and Convenor
    • State Bar of Georgia, Media Judiciary Conference, Organizing Committee
    • Atlanta Sports Counsel Roundtable, Founding Member and Convenor
    • Atlanta Sports Counsel Roundtable, Founding Member and Convenor
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Representative Experience

  • Lead Counsel for pressure gauge manufacturer WIKA Instruments as Lanham Act plaintiff in successful false advertising and unfair competition lawsuit against industry competitor, Wika Instrument I, LP, f/k/a Wika Instrument Corp. v. Ashcroft, Inc., No. 1:13-cv-43-CAP (N.D.Ga.), after 2 week trial resulted in jury and Court awarding WIKA disgorgement of competitor’s profits, injunctive relief, corrective advertising and attorneys’ fee awards under federal and state law, 2016 WL 308 3087904 (April 22, 2016) (recognized of one of the Top 20 Verdicts in Georgia in the year 2016)
  • Lead Counsel for Google Inc. in successfully defending defamation, invasion of privacy and other claims arising out of search result, O’Kroley v. Fastcase Inc. et al., 2014 WL 2881526 (M.D. Tenn.), aff’d 813 F.3d 352 (6th2016)
  • Lead Counsel for Cable News Network, Inc. (“CNN”) in several Georgia Open Records Act matters arising out of investigation into death of Lowndes High School student Kendrick Johnson, e.g., Johnson v. Prine, CA # 13-CV-1230 (Lowndes Co. Superior Ct.) (Sheriff’s investigative file ordered released to CNN)
  • Lead Counsel for NBC/Universal in defending invasion of privacy, right of publicity and trademark infringement claims regarding the movie “Honey,” Valencia v. Universal City Studios LLC, et al., 43 Med.L.Rptr.1181, 2014 WL 7240526 (N.D.Ga.) (complaint dismissed)
  • Lead counsel for Northside Hospital in several reimbursement disputes with payors, e.g., Northside Hospital, Inc. v. Blue Cross and Blue Shield of Georgia, Inc., et al., Fulton Superior Court, Georgia, Civil Action File No. 2013CV236377 (dispute regarding reimbursement payments; case ordered into arbitration, granting Northside’s motion to compel same)
  • Lead Counsel for Document Technologies, Inc. ("DTI") in the trademark dispute,Document Technologies, Inc. v. Document Technology, Inc., Case No. 10-11104 (D. Mass., 2010) (case settled with DTI continuing to use the mark in dispute)
  • Lead Counsel for Salesforce.com, Inc. in the trademark dispute, Service Cloud, LLC v. Salesforce.com, Inc., Case No. 1:09 – CV - 2861 (N.D. Ga., 2009) (matter settled with Salesforce.com continuing to use the mark in dispute)
  • Lead Counsel of Atlantic Southern Bank in dispute concerning the use of “Atlantic” in bank name; client granted judgment on claims of trademark infringement, dilution and unfair competition, Atlantic National Bank v. Atlantic Southern Bank, 2010 WL 5067416 (S.D. Ga.) (granting summary judgment)
  • Lead Counsel for Google Inc. in defending a “misappropriation of idea” claim regarding the Google Sky program, Cobb v. Google Inc., Civil Action No. 1:08-CV-0483 (N.D. Ga. 2008) (plaintiff voluntarily dismissed the case with prejudice before close of discovery)
  • Lead Appellate Counsel for L-3 Communication Corp. at oral argument in affirming denial of motion for stay of antitrust action, Lockheed Martin Corp., v. L-3 Communication Corp., 2008 WL 2333018 (11th Cir 2008)
  • Lead Counsel for CNN in subpoena dispute regarding application of reporter’s privilege,Flynn v. Roaoke, et. al., 2007 WL 4564113 (N.D. Ga. 2008)

Recent Reported Cases

  • Atlantic National Bank v. Atlantic Southern Bank 2010 WL 5067416 (S.D. Ga.) (granting summary judgment on plantiff's claim for trademark infringement, dilution and unfair competition, and entry declaration judgment in favor of client that it did not infringe in plantiff’s mark)
  • Clear Channel Outdoor Inc. v. Corey et. al., _S.E.2d_, 2009 WL 2025256 (Ga. App. 2009) (affirming $4.9 million jury award for client Clear Channel for competing billboard owners’ violation of non-compete agreement)
  • Cohn v. Corinthian College, Inc. and Angels Baseball LLP, 169 Cal. App. 4th 523 (Cal. App. 2008) (affirming summary judgment granted to client Los Angles Angels of Anaheim in class action alleging that the team’s Mother’s Day promotion discriminated against males and violated California’s Unruh Act)
  • Stern v. O’Quinn, 253 F.R.D. 663 (S.D. Fla. 2008) (granting motion to compel, ruling that defendants had waived work product protection for investigative materials purportedly supporting the accusation that plaintiff murdered his companion and her son for his financial gain) '
  • Griffin Industries, Inc. v. Green, 280 Ga. App. 858, 635 S.E.2d 231 (2006) (vacating and remanding order granting class action status)
  • Satterfield v. Southern Regional Health System, 280 Ga. App. 584, 634 S.E.2d 530 (2006) (affirming dismissal of proposed class action brought by uninsured patients against not-for-profit hospital system)
  • Atlanta Multispecialty Surgical Associates, LLC v. DeKalb Medical Center, Inc., 273 Ga.App. 355, 615 S.E.2d 166, 05 FCDR 1651, Ga.App., May 20, 2005 (NO. A05A0789) (affirming summary judgment entered against provider of surgical assistants on claims of defamation and breach of contract after hospital started hiring competing surgical assistant providers)
  • Atlanta Journal Constitution, USA TODAY et al. v. City of Atlanta, et al., 442 F.3d 1283 (11th Cir. 2006) (affirming award of over $650,000 in attorney's fees to client USA TODAY); Atlanta Journal Constitution, USA TODAY, et al. v. City of Atlanta, et al., 322 F.3d 1298 (11th Cir. 2003) (affirming ruling that 1996 newsrack plan at Hartsfield Airport was unconstitutional)
  • Wolf v. Ramsey, 253 F.Supp.2d 1323 (N.D.Ga. 2003) (granting summary judgment on libel claims filed against clients John and Patsy Ramsey; court ruled that no reasonable jury could find that the Ramseys were involved in the murder of JonBenet Ramsey);Hoffman-Pugh v. Ramsey, 312 F.3d 1222 (11th Cir. 2002) (affirming dismissal of libel claim filed against John and Patsy Ramsey) 

Amicus Briefs

  • Smith et al. v. Lockheed Martin Corp., Case No. 09-15428-C (11th Cir. 2011) - Filed Amicus brief for Georgia Chamber of Commerce in support of rehearing en banc on employment discrimination "burden shifting" of proof issue; rehearing en banc denied.
  • Cavalier Convenience, Inc. v. Sarvis, 305 Ga.App. 141 (Ga. App. 2010) - Filed Amicus brief for Georgia Chamber of Commerce in appeal addressing whether, under OCGA § 51–12–33, a trier of fact is required to apportion its award of damages among multiple liable defendants when the plaintiff bears no fault; Court adopted our position.
  • Smith v. Baptiste, 287 Ga. 23, 694 S.E.2d 83 (Ga. 2010) - Filed brief for the Georgia Chamber of Commerce in support of the constitutionality of OCGA 9-11-68, which provides that if either party’s written demand or offer to settle a tort claim is rejected, that party may be entitled to recover its attorney’s fees; Court upheld statute as constitutional.
  • Fowler Properties, Inc. v. Dowland, 282 Ga. 76 (Ga. 2007) - Filed brief for Georgia Chamber of Commerce in support of constitutionality of OCGA 9-11-68; issue not reached.
  • EHCA Cartersville, LLC v. Turner, 280 Ga. 333 (Ga.2006) - Filed brief for Georgia Chamber of Commerce in support of OCGA 9-10-31(a), motion to transfer venue on forum non conveniens grounds; that portion of statute upheld.

 

Publications

  • "A Brief Overview on Ticket Scalping Laws, Secondary Ticket Markets, and the StubHub Effect," ABA's Entertainment and Sports Lawyer, co-authored with John Bush, Josh Fisher, and John Orbe, November 2012
  • "Trademarks, The Internet And The New Social Media: A Fresh Battleground For Old Principles," Recent Trends In Trademark Protection - Leading Lawyers On Analyzing Recent Decisions and Adapting to Evolutions In Trademark Law, the Aspatore INSIDE THE MINDS series (2009 Aspatore/Thomson Reuters)
  • “A New Era in Recognizing Federal Evidentiary Privileges”, For The Defense, November 2008
  • “Georgia's Limitation of the 'Intracorporate Publication' Defamation Defense,”LexisNexis Expert Commentaries, co-authored with Ann Ferebee, May 2008
  • “False Advertising: Eleventh Circuit Makes It Harder for Franchisees to Bring Cases Against Franchisors,” Law Journal Newsletter's Franchising Business & Law Alert, April 2008
  • “Interlocutory Appeals Under 28 U.S.C. section 1292(b): Turning Vinegar Into Wine,” Certworthy, DRI Appellate Committee Newsletter, Winter 2006
  • “Recent Changes in The Law of Judicial Elections; Judicial Professionalism in a New Era of Judicial Selection,” Mercer Law Review, Spring 2005