T. Brandon Waddell

Business Litigation

Brandon has successfully litigated on behalf of both plaintiffs and defendants in a broad range of business disputes, including breach-of-contract claims, partnership breakups, employment-related disputes, securities-fraud claims, asset sales, business torts, and violations of various state and federal statutes.

Complex Litigation

Brandon has represented and provided strategic advice to both plaintiffs and defendants in class actions, representative actions, and antitrust actions. His work in complex actions has resulted in the recovery of tens of millions of dollars for clients.

Appellate Practice

Brandon’s extensive appellate experience includes representing clients in state and federal courts, including the U.S. Supreme Court. He has successfully briefed and argued appeals that resulted in affirmance or reversal of key decisions in favor of his clients.

Federal Litigation

With a background as a federal district and appellate law clerk, Brandon is well-versed in federal practice and procedure. He regularly represents clients in federal courts around the country in cases involving constitutional issues, statutory and contract claims, and business torts.

Class Actions

• As class counsel to a nationwide class challenging actions of a telecommunications provider, won class certification and ultimately obtained a settlement valued at more than $150 million, including fundamental business practice changes to protect consumers.
• Secured a settlement valued at more than $10 million in an automotive defect case as class counsel to a class of approximately 200,000 nationwide.
• Negotiated a settlement valued at $14.5 million on behalf of a class of retirees in an action involving the denial of benefits by a local government entity.
• Served as counsel to putative classes ranging from tens of thousands to tens of millions in cases arising under various provisions of the laws of all 50 states, the Federal Communications Act, the Computer Fraud and Abuse Act, and the Fair Credit Reporting Act.
• Served as counsel to defendants in putative class actions involving alleged violations of numerous federal statutes, including securities laws, antitrust statutes, and the Telephone Consumer Protection Act.

Appellate Representations

• On behalf of two major agricultural companies, secured an order from the Georgia Court of Appeals directing that summary judgment be entered in favor of Caplan Cobb's clients and defeated a petition for certiorari seeking to challenge that order.
• Pursued an appeal on behalf of a national building company that resulted in a favorable settlement of a tort claim.
• On behalf of a nationwide distributor of home products, briefed and argued an appeal involving novel issues at the intersection of contract and intellectual property law.
• Filed multiple briefs on behalf of amici in cases heard by both the United States Supreme Court, the Court of Appeals for the Eleventh Circuit, the Georgia Supreme Court, and the Georgia Court of Appeals.
• Obtained reversal in the Eleventh Circuit Court of Appeals of the dismissal of a Federal Tort Claims Act claim on behalf of an indigent federal inmate.

Business, Intellectual Property, False Claims Act, and Securities Litigation

• Litigated on behalf of a pharmaceutical manufacturer facing trademark claims in federal court, ultimately resulting in a settlement in which the plaintiff paid a seven-figure settlement to our client.
• Secured a settlement in excess of $3 million on behalf of a part-owner in a logistics entity in the telecommunications industry.
• Negotiated a six-figure settlement on behalf of the founder of one of the world’s largest private security firms against one of the world’s largest investment banks in an action in Delaware Chancery Court.
• Obtained a settlement in Georgia Superior Court that included not only an agreement to provide virtually all relief sought in the complaint but also repayment of all attorneys’ fees incurred by Caplan Cobb’s client.
• Won complete dismissal of all claims asserted against our client, one of the nation’s largest hydro-excavation firms, in a federal-court action.
• Obtained complete dismissal of all claims against a mortgage lender in an action alleging violations of the False Claims Act.
• Negotiated a favorable resolution of a restrictive covenant action relating to the dissolution of a medical practice.
• Secured complete dismissal in a real estate action involving allegations of fraud, breach of contract, conversion, and a number of other claims, and obtained an order awarding our client attorneys’ fees and expenses.
• On behalf of a major media group, secured a pre-discovery settlement of an alleged copyright infringement matter for less than 5% of the demand.
• On the eve of trial, and after years of litigation, secured a favorable settlement with the Securities & Exchange Commission in an insider-trading case.

• Super Lawyer, Business Litigation (Super Lawyers Magazine)
• GaBiz Magazine Top Lawyer

• Board of Directors and Chair of Governance Committee, Georgia Innocence Project
• Member, American Association for Justice
• Member, American Bar Association, Business Torts and Unfair Competition Committee (former Fraud Subcommittee Co-Chair)
• Member, American Bar Association, Class Actions and Derivative Suits Committee
• Lamar Inn of Court

• Mission Creep: The Evolving Impact of the Supreme Court’s Heightened Materiality Standard for False Claims Act Cases on Common-Law Fraud Claims, Business Torts and Unfair Competition Spring Journal, American Bar Association
• The Defend Trade Secrets Act after Two Years: A Practical Perspective on its Development, Business Torts and Unfair Competition Update, American Bar Association
• A Partially Successful Lawsuit May Still Trigger the 'Objective Baselessness' Exception to Noerr: IPtronics Inc. v. Avago Technologies U.S., Inc., E&I Update, American Bar Association
• Noerr Protects a Competitor’s Use of the Citizen Petition Process Unless There is Evidence That the Petition Was Objectively Baseless: Apotex Inc. v. Acorda Therapeutics, Inc., E&I Update, American Bar Association
• Presentation, Recent Developments in the Law of Arbitration, presented at ICLE’s Seminar on Contract Litigation (with James Cobb)
• State Action, Implied Immunity, and Local Government Antitrust Act: Wooster Industrial Park, LLC v. City of Wooster, E&I Update, American Bar Association