Todd D. Wozniak - Greenberg Traurig LLP

Todd D. Wozniak

Listed in Best Lawyers since 2013

Todd D. Wozniak is a trial lawyer who defends companies and public institutions throughout the United States in labor and employment, ERISA, and business disputes. He is experienced in ERISA and employee benefits litigation, wage and hour litigation, state and federal whistleblower statutes, non-discrimination laws, plant closing and mass layoff laws, collective bargaining and traditional labor relations, executive contracts and compensation, noncompete and trade secrets litigation, and partnership/business disputes. During his career, Todd has defended more than a dozen class or collective actions and tried more than 40 cases or arbitrations to verdict.

Todd is a frequent lecturer and writer on a wide range of employment and business related issues, including protecting trade secrets, implementing reductions-in-force, pre-dispute arbitration agreements and programs, class action defense, ERISA compliance and preemption, eDiscovery, and wage and hour compliance.

Duke UniversityAB 1990University of Michigan Law SchoolJ.D. 1994
Defense Research InstituteAtlanta Bar AssociationAmerican Health Lawyers AssociationAmerican Bar AssociationEmployment & ERISA Advisory Board, Strafford PublicationsGeorgia Special Olympics

Case History

Other Court Admissions
  • Supreme Court of Georgia
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Middle District of Georgia
  • U.S. District Court for the Northern District of Georgia

Areas of Concentration
  • Trial lawyer
  • Class and collective actions
  • Labor and employment
    • Discrimination, harassment and retaliation cases
    • Sarbanes-Oxley and whistleblower cases
    • Executive employment agreements and compensation
    • FLSA and state law wage and hour cases
    • WARN compliance and litigation
    • OSHA compliance and workplace injury litigation
    • OFCCP compliance
    • Traditional labor law, including union campaigns and arbitrations
  • ERISA litigation
  • Noncompete, trade secrets and intellectual property litigation
  • Constitutional law
  • Partnership and business disputes
  • Labor and employment aspects of corporate/bankruptcy transactions
FLSA/Wage and Hour

  • Defended publishing company and its CEO in a collective action brought on behalf of all hourly employees alleging that the company manipulated its employees’ workweeks and reported hours to reduce overtime pay.
  • Defended national building supply company in a nationwide collective action alleging the company routinely allowed off-the-clock work by nonexempt employees.
  • Defended multistate services company in a collective action alleging off-the-clock work.
  • Defended relocation company and its founder against a collective action alleging the company misclassified as exempt from overtime its relocation specialists. The case alleged a multi-state collective action.
Part 2
  • Defended national operator of parking decks against New York state and federal overtime claims alleging that the company failed to properly pay overtime to its New York employees.
  • Defended national restaurant chain against claims that it misclassified as exempt from overtime thousands of store managers and assistant store managers throughout the United States. The case involved both state and federal overtime claims.
  • Defended multi-state transportation company against a collective action alleging that the company misclassified as exempt from overtime hundreds of bus and van drivers.
  • Defended home-health services group with respect to a Department of Labor investigation into its wage and hour practices.
  • Defended number of other cases alleging minimum wage, overtime or meal period violations. Some of these claims involved unique issues under the FLSA’s airline industry or transportation worker exemptions.
ERISA/Employee Benefits
  • Defended pharmaceutical company, its board of directors, and its plan committee in an ERISA and securities class action alleging the company, the board, and several officers breached their fiduciary duties under ERISA, breached corporate fiduciary duties, and engaged in federal and state securities fraud. The allegations were centered on stock valuations performed regarding stock held by the company’s stock bonus plan and whether information regarding the company's acquisition should have been disclosed to plan participants.
  • Defended the ESOP Committee and board of directors of the largest U.S. sugar and citrus processor in four highly publicized ERISA class actions alleging the defendants improperly withheld material information from ESOP participants regarding an offer to purchase all of the stock of the company in an effort to cash-out employees at artificially low prices. The trial court recently granted the defendants’ dispositive motions on 12 of the 13 counts alleged in the consolidated complaint. The cases subsequently settled on favorable terms.
  • Defended national airline against an ERISA class action alleging a multitude of benefits and breach of fiduciary duty claims arising out of the company's administration of its medical benefits plan and the plan's reimbursement of out-of-network medical expenses. The defense involved some unique Railway Labor Act preclusion arguments.
Part 2
  • Advised and defended multistate retailer in an ERISA stock drop case.
  • Advised national airline in its defense of an ERISA stock drop case. The claims were ultimately dismissed on Railway Labor Act preclusion grounds.
  • Advised national airline regarding its institution of a class action declaratory judgment lawsuit seeking a declaration that the terms of a benefit plan the airline negotiated with its pilots union complied with the Age Discrimination in Employment Act and ERISA.
  • Represented Fortune 100 company in its negotiations with several states regarding the preemptive effect ERISA had on the states’ family and medical leave laws as applied to the company’s ERISA-qualified sick leave plan.
  • Defended utility company in a DOL investigation related to its purchase of an ESOP-owned corporation.
  • Represented number of clients involved in Department of Labor investigations or benefits litigation.
  • Resolved race discrimination and harassment class action brought against a national airline after the case had been settled on a class-wide basis by another law firm. The settlement agreement required all class members who did not opt-out of the settlement to arbitrate their claims within a six-month period. Acted as lead coordination counsel for all arbitration cases and acted as lead trial counsel for more than fifteen of the cases. All cases were timely arbitrated with complete defense awards being obtained in all but three cases.
  • Defended national department store against a nationwide class action alleging race discrimination in the company's pay, evaluation and promotion practices. Obtained a dismissal of all class claims and the plaintiff’s individual claim was settled on favorable terms on the eve of trial.
  • Defended U.S. airline against a nationwide class action alleging race discrimination in all of the airlines' employment practices and a racially hostile work environment.
  • Defended national transportation company against claims that its layoff criteria had a disparate impact on African Americans.
Noncompete/Trade Secrets
  • Obtained two-year permanent injunction barring a former vice president of sales from competing against national paper manufacturer. The injunction required the former employee to terminate his then-current employment with a competitor. Brought claims of tortious interference with contract and misappropriation of trade secrets against the competitor and obtained a favorable, confidential settlement.
  • Defended health care entrepreneur and two of his companies against a number of tort, breach of contract and breach of non-compete agreement claims brought by the purchaser of the entrepreneur's medical device business. After obtaining a dismissal of several claims, and winning some critical discovery motions, the plaintiff voluntarily dismissed all remaining claims. The court ordered the plaintiff to pay more than $150,000 in fees and expenses to client.
  • Tried case involving claims for breach of contract, unfair competition, employee pirating, misappropriation of trade secrets and quantum meruit. After a week-long trial, a favorable judgment was entered in favor of client.
  • Defeated motions for a temporary restraining order and preliminary injunction in a case which sought to prevent an employee from working for one of our medical device clients. The case settled on favorable terms after the court denied the plaintiff's motions and we sought to dismiss several of the plaintiff's claims.
Contract/Business Disputes
  • Represented corporate client against a number of claims brought by one of its vendors, including alleged breach of contract for nonpayment of fees and misappropriation of trade secrets.
  • Tried breach of employment contract case brought against a senior executive of a corporate client. The executive's former employer alleged that he owed it in excess of $200,000 at the time he resigned. Defended the case and asserted counterclaims for breach of contract and constructive discharge. After a multi-day arbitration, an award was entered in favor of the executive on all claims and he was awarded more than $400,000 on his counterclaims.
  • Litigated a multitude of cases arising out of partnership agreements and stock/asset purchase agreements, including claims for alleged breach of representations and warranties, alleged violations of noncompete agreements, and disputes over whether a material adverse change had occurred.

  • Defended Emory University in a contentious dispute with an expelled medical student. After lengthy discovery, and repeated attempts by the student to publicly paint himself as a wronged whistleblower, the court granted summary judgment on all claims and found that the student was properly expelled for misconduct. The opinion was affirmed by the Georgia Court of Appeals. See opinions issued in Kuritzky v. Emory University.
  • Defended Emory University against a multitude of claims brought by a former professor, including breach of contract, retaliation, defamation, fraud and various whistleblower allegations. Asserted a number of claims against the former professor on behalf of the University. Although the litigation is still pending, we have already obtained two contempt orders and a sanctions order against the former professor and have obtained a sanctions award in excess of $500,000 for the University.
Part 2
  • Represented the City of Columbus, Georgia in the appeal of multimillion-dollar jury verdict against the City. The plaintiffs had prevailed on a number of First Amendment, Due Process and Equal Protection claims alleging that their terminations were in retaliation for their First Amendment speech and based on their race. The verdict was reversed by the Eleventh Circuit and the plaintiffs later settled for a small percentage of the original verdict.
  • Defended national employer against claims asserted by the EEOC that certain confidentiality and release language contained in its standard separation agreement was retaliatory.
Traditional Labor
  • Represented New Process Steel, L.P., the appellant, in a case before the United States Supreme Court challenging an unfair labor practices finding by the National Labor Relations Board. The case involved a labor dispute in which the union wanted to cut employees' pay, vacation and benefits in order to obtain a new contract with client. After the employees rejected the contract and declined to strike, the union filed an unfair labor practices claim with the NLRB alleging that New Process Steel failed to honor its collective bargaining agreement. Client disagreed and opposed the union. Sought review in the Seventh Circuit Court of Appeal challenging the merits of the NLRB's findings and argued that the Board lacked authority to issue the decision because two members did not constitute a quorum. The Seventh Circuit ruled in the NLRB's favor; filed a petition for a writ of certiorari in the United States Supreme Court. The Supreme Court granted certiorari and subsequently reversed the Seventh Circuit's decision by holding that the NLRB's decision was invalid because the Board lacked authority to issue decisions when there were only two sitting Board Members. New Process Steel, L.P. v. National Labor Relations Board, 130 S.Ct. 2635 (2010).
Part 2
  • Defeated efforts by the International Union of Operating Engineers to organize a client facility in South Texas. The company was unaware of the organizing campaign until after a petition was filed with the NLRB. Argued that the one facility unit proposed by the Union was inappropriate and that a multi-facility unit, which was approximately five times larger, was the proper bargaining unit. The company ultimately won the campaign by a margin of 2-to-1.
  • Defeated arguments made by the Brotherhood of Railway Carmen to the NLRB that client was a successor employer and, therefore, was obligated to recognize and bargain with the Union at ten facilities.
  • Defeated efforts by the Brotherhood of Railway Carmen to unionize three client facilities in the Chicago area.
  • Negotiated neutrality agreements and collective bargaining agreements on behalf of several clients.
  • Arbitrated several important, multimillion-dollar business issues on behalf of various clients.
Corporate/Bankruptcy Transactions
  • Advised both buyers and sellers regarding potential exposure and risk mitigation strategies involving WARN Act issues, noncompete and trade secrets protection, collective bargaining, union avoidance, and labor/employment law compliance.

Client Comments

"Todd is very professional, responsive, and always gives sound advice that I know I can rely on."

"Todd Wozniak is responsive, aggressive, and committed to his client's cause."

"Todd Wozniak is a perfect lawyer to partner with an in-house department. He always communicates exceptional focus and commitment to the client and the client's objectives. He spends time to understand the legal issue and the business issue, and he understands the necessity of integrating many different initiatives, factors, projects, people, etc. into a common effort toward a common goal. To clients and businesses he can make complex legal issues and ideas tangible so others can understand the issues at hand. He knows the skills of his firm and can deploy them effectively. He always shows genuine respect to everyone, including those who disagree with him. He is a good lawyer, one you should hire. "

-Betsy Edelman
General Counsel
Swett & Crawford

Office Location

Terminus 200, Suite 2500
3333 Piedmont Road, NE
Atlanta, GA 30305
United States

Practice Areas

Employment Law - Management
Litigation - Labor and Employment