Austin Hemmer, Smith, Gambrell & Russell, LLP Photo

Austin J. Hemmer

Partner
Austin Hemmer, Smith, Gambrell & Russell, LLP Photo
Austin J. Hemmer

About Austin

Austin J. Hemmer focuses on achieving the best outcome for his clients, whether that involves using aggressive litigation strategies or looking for other options to resolve a dispute and achieve the client’s goals.  In that regard, Austin prides himself on being a counselor for his clients, and not just a litigator, offering a steady hand to guide a client through all aspects of a matter. Austin believes that achieving the best outcome for the client often involves creative problem solving, developing relationships and credibility with the other side, and looking for practical or business resolutions that can avoid litigation or otherwise resolve a dispute on terms favorable to the client.  Austin backs up this approach with a proven track record representing clients in court and arbitration, as well as government and corporate investigations.

Austin’s broad practice primarily involves representing businesses and individuals in complex commercial and class action litigation, especially in the areas of business and shareholder disputes, securities litigation, insurance coverage, and trade secret misappropriation.  Austin’s practice also includes representing corporate clients and individuals in internal and government investigations.

Prior to joining the Firm, Austin was a litigation associate at Rogers & Hardin in Atlanta and Milbank LLP in Los Angeles where he represented businesses and individuals in complex commercial litigation and government and internal investigations. Outside of work, Austin enjoys playing golf, playing guitar, and running. 

Representative Matters

  • Representation of companies and individuals in class action litigation in areas such as securities fraud, data breach, and consumer claims.
  • Representation of shareholders and owners of closely held businesses in complex litigation and disputes involving claims such as shareholder oppression, fraud, breach of fiduciary duty, and breach of contract.
  • Representation of companies, independent directors, board committees, and individuals in corporate and government investigations in matters ranging from allegations of insider trading to charges of employment discrimination.
  • Representation of companies and individuals in shareholder derivative litigation, as well as experience representing mutual fund advisers in “excessive fee” litigation brought under Section 36(b) of the Investment Company Act of 1940.
  • Representation of businesses in litigation and investigations involving trade secret misappropriation in industries ranging from construction to marketing and creative services. This includes obtaining an appellate decision on a matter of first impression holding that the State of Georgia is not immune from claims of trade secret misappropriation.
  • Experience representing software manufacturers in implementation and software disputes and litigation, including representation of a major ERP software manufacturer in a complex licensing and distribution contract dispute wherein partial summary judgment in our client’s favor was obtained by presenting a novel legal argument that significantly reduced the potential damages and resulted in a favorable settlement.
  • Experience representing an international insurance producer in litigation involving claims of breach of fiduciary duty, fraud, and violations of Georgia RICO.

Recognitions

Best Lawyers: Ones to Watch in America, Commercial Litigation and Mass Tort Litigation/Class Actions – Defendants, Atlanta (2024, 2026); Criminal Defense: White Collar (2026)

Rising Star in Business Litigation – Georgia Super Lawyers (2022)

Credentials

Education

J.D., Emory University School of Law

B.A., Emory University

Admissions

  • Georgia
  • California
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Middle District of Georgia
  • U.S. District Court, Northern District of Georgia

Organizational Involvement

Professional

Atlanta Bar Association

Emory University School of Law Cooper Inn of Court, Barrister

SGR News & Perspectives

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