Lawyers, Ads & Money

Agenda for Lawyers, Ads & Money - July 30, 2009

Lawyers, Ads & Money….with a shot of Sunny D®! Sponsored by: Frost Brown Todd LLC July 30, 2009 The Cintas Center Xavier University 1624 Herald Avenue Cincinnati, OH 45207-7510

8:00 – 8:30 a.m. Registration

8:30 – 9:30 a.m. Breakfast featuring keynote speaker Rick Zimmerman, Sr. VP of Marketing and Innovation, Sunny Delight Beverages Co.

9:30 – 10:30 a.m. Track 1 – “It’s Not Easy Bein’ Green…or Charitable” Jill Meyer (40 minutes) Neal Patel (20 minutes)

Track 2 – “Advertising 101” Kevin Shook & Shelley Samel, Gowlings (40 minutes) Monica Dias & Nikki Hudson – (20 minutes)

10:30 – 11:30 a.m. Track 1 – “The Obama Factor & FTC Update” Dick Goehler – (20 minutes) Neal Patel & Emily Meyer – (40 minutes)

Track 2 – “No Purchase Necessary. Liability Assumed. Jill Meyer & Shelley Samel, Gowlings – (60 minutes)

11:30 – 12:30 p.m. Track 1 – “2 Tweet, or Not 2 Tweet?” Nikki Hudson & Patti Foster – (60 minutes)

Track 2 – “BBB Advertising Review: A Quick Primer” Jason McGlone, BBB & Erika Lehman, BBB – (60 minutes)

12:30 p.m. Conclusion with boxed lunches provided.


Lawyers, Ads & Money….with a shot of Sunny D®! Sponsored by: Frost Brown Todd LLC July 30, 2009 The Cintas Center Xavier University 1624 Herald Avenue Cincinnati, OH 45207-7510

8:00 – 8:30 a.m. Registration

8:30 – 9:30 a.m. Breakfast featuring keynote speaker Rick Zimmerman, Sr. VP of Marketing and Innovation, Sunny Delight Beverages Co.

9:30 – 10:30 a.m. Track 1 – “It’s Not Easy Bein’ Green…or Charitable” Jill Meyer (40 minutes) 100% Recyclable, Bio-Degradable, Carbon Neutral, Sustainable, Energy Efficient….When can you make these “green” claims? What are the rules that need to be followed? This session will focus on the current trends in environmental marketing claims, along with the relevant laws, regulations and best practices.

Neal Patel (20 minutes) Looking for a great pink bag? Well did you know eBags donates 10% of the retail sales price of any pink product purchased on their site to Susan G. Komen for the Cure? The second half of this session will focus on the rules of the road when working with non-profit entities to promote products and service.

Track 2 – “Advertising 101” Kevin Shook & Shelley Samel, Gowlings (40 minutes) Want a primer on the basics of advertising law? Or, perhaps you are new to this area and are wondering why disclaimers are necessary. This session will focus on general fair advertising principals and what information is needed to support advertising claims.

Monica Dias & Nikki Hudson – (20 minutes) The second half of this session will cover what you need to know about trademarks and copyrights. What’s the difference between ® and ™, do you really need the ©, and is there a difference between filing a trademark at a state and federal level? All of this and more will be covered in this session.

10:30 – 11:30 a.m. Track 1 – “The Obama Factor & FTC Update” Dick Goehler – (20 minutes) What kind of changes and threats are looming with the new


administration? Is the threat to eliminate or amortize the business tax deduction for advertising real? This session will focus on this question and other potential changes on the horizon.

Neal Patel & Emily Meyer – (40 minutes) Plus, come to this session for an update on the FTC’s activities in the context of endorsements, behavioral advertising, food & beverage marketing to children, and privacy. We will give you the information on the important changes that will impact how you market and promote products and services.

Track 2 – “No Purchase Necessary. Liability Assumed. Jill Meyer & Shelley Samel, Gowlings – (60 minutes) Sweepstakes! So common yet always so complicated. Does it have to be that way? Come to this session to obtain an overview of the rules associated with sweepstakes, state registration & bonding requirements, necessary disclosures, and areas of risk. We will break it down for you and provide a fail proof, easy to follow process for making sure you get it right.

11:30 – 12:30 p.m. Track 1 – “2 Tweet, or Not 2 Tweet?” Nikki Hudson & Patti Foster – (60 minutes) Have a Facebook group? Are you Twittering with customers? Or, perhaps, you just want the consumer to come up with a commercial about your product and give it to you. This session will cover everything you need to know about using social networking, consumer generated content and other interactive media as marketing tools. It’s a new world, but are there any rules?

Track 2 – “BBB Advertising Review: A Quick Primer” Jason McGlone, BBB & Erika Lehman, BBB – (60 minutes) Since its inception in 1912, the Better Business Bureau has been conducting advertising review. In short, “Advertising Review” might be best described as monitoring and challenging advertising according to a defined set of principles. In this presentation, Jason McGlone, Ad Review Specialist at Cincinnati’s BBB will delve into the ins and outs of BBB’s Code of Advertising and what the day-to-day work of an Ad Reviewer looks like.

12:30 p.m. Conclusion with boxed lunches provided.

SunnyD® is a registered trademark of the Sunny Delight Beverages Co.

Jill P. Meyer

Jill P. Meyer Member

Jill Meyer concentrates her practice on counseling and litigating advertising & media law issues. Ms. Meyer represents a wide variety of clients - corporations, advertising agencies, and media outlets - on an array of issues, including advertising review and clearance, sweepstakes and promotions, viral marketing and interactive media, compliance with COPPA and FTC requirements for advertising and websites, intellectual property, right of publicity, advertising-related litigation and regulatory challenges. She also represents media clients in all aspects of First Amendment and newsroom-related matters, including pre-publication/pre-broadcast review, issues related to access to courtrooms, public meetings and public documents, and defamation and privacy related litigation. Ms. Meyer is Member-in-Charge of the Cincinnati office. She also oversees the Firm's advertising practice and is a member of the Firm's Strategic Planning Committee.

Experience

Reported Decisions:

Amann v. Clear Channel Communications, Inc., 2006-Ohio-714 (Hamilton App. Ct.) I.C. Marketing, Inc. v. Amos Press, Inc., 147 Fed. Appx. 671, 2005 U.S. App. LEXIS 19650 (9th Cir. 2005) American Readers Service, Corp. v. Amos Press, Inc., 2004-Ohio-346 (Shelby App. Ct.) Singh v. ABA Publishing, 2003-Ohio-2314 (Franklin App. Ct.) Featherstone v. CM Media, Inc. dba The Other Paper, 2002-Ohio-6747 (Franklin App. Ct.) Saferin v. Malrite Communications Group, Inc., 2000 Ohio App. LEXIS 1160 (Lucas App. Ct. 2000) Conese v. Nichols, 131 Ohio App. 3d 308 (Hamilton App. Ct. 1998)

Professional Affiliations

Cincinnati Bar Association Common Pleas Committee, Chair 2004-05, Vice Chair 2003-04 Young Lawyers Section, Host Committee, ABA/YLD Annual Conference Cincinnati, October 2002 Ohio State Bar Association Media Law Committee Kentucky Bar Association

CINCINNATI [email protected] 513.651.6124 513.651.6981 (Fax) PRACTICE AREAS First Amendment, Media and Advertising Intellectual Property Law CONCENTRATION Advertising & Promotions Media & Interactive First Amendment Business Litigation EDUCATION Salmon P. Chase College of Law J.D. magna cum laude College of Mount St. Joseph B.A. magna cum laude BAR MEMBERSHIPS Ohio State Bar Association Kentucky Bar Association FIRM COMMITTEES Member-in-Charge, Cincinnati office

Jill P. Meyer

American Bar Association Forum on Communications Law, Member -Training & Development Committee, Co-Chair, 2004-2006 -Women in Communications Law Committee, Member Young Lawyers Division, Law and Media Committee, Chair 2003-2004; Vice-Chair 2001-2003 Litigation Section, First Amendment and Media Litigation Committee, Vice-Chair, 2004-2006 Tort Trial & Insurance Practice Section, Media Privacy & Defamation Law Committee, Vice-Chair 2002-06 American Advertising Federation Member Advertising Club of Cincinnati Member, Membership Committee American Marketing Association Member, Cincinnati Chapter Media Law Resource Center Defense Counsel Section, Member Advertising & Commercial Speech Committee, Member Employment Libel Committee, Member, Vice-Chair 2005-2008 Cincinnati Academy of Leadership for Lawyers Class VI, 2002 YWCA Rising Stars recipient, 2002 WE Lead Cincinnati USA Regional Chamber Inaugural class member, 2006-2007

Publications

Advertising and Marketing Law Client Strategies Contributing author, Aspatore Books, 2007 The Media Law Handbook for Radio Broadcasters Contributing author, published by the National Association of Broadcasters, 2004 Media Law Handbook for Talk Radio Contributing author, published by the National Association of Broadcasters, 2000 "Expansion of Tort Law at the Expense of the First Amendment: Has the Jones Court Gone Too Far?" Northern Kentucky Law Review, Symposium Issue, 2000

Presentations

"IP Issues in Advertising," American Marketing Association, Cincinnati, OH, December 2008

Jill P. Meyer

Advertising Forum: "Legal, Legislative, and Regulatory Issues," American Advertising Federation National Conference, Atlanta, GA, June 2008 Fresh Advertising, Advertising Forum: "LLC: Legal and Legislative Caveats," American Advertising Federation National Conference, Louisville, KY, June 2007 "Copyright & Trademark Issues - Do You Really Know, or Do You Want to Find Out the Hard Way?" Dayton Advertising Club, May 2007 "Advertising Law from a Litigation Perspective," Cincinnati Bar Association, February 2007 "Getting Ready to Report the News," Ohio State Bar Association Annual Media & the Law Conference, October 2005 "Ad Naseum: Marketing Campaign Tips," FBT Annual external CLE Program, October 2004 "Working Productively and Cost-Effectively with Agent Sources," Circulation Management Conference & Expo, New York, June 2004 Creatives & the Law, Lexington Advertising Club, June 2004 Creatives & the Law, Cincinnati Business Courier, May 2004 Society of Professional Journalists, National Convention, October 2000 "Symposium on Media Violence, Proximate Cause & the First Amendment," Salmon P. Chase College of Law, November 1999

Civic & Charitable Organizations

United States Senate Judicial Nominations Commission for the State of Ohio, Northern District Commissioner Cincinnati Elections Commission Chair Downtown Cincinnati Inc. Board of Trustees, Member Safe/Clean Committee, Vice Chair Cincinnati USA Regional Chamber Downtown Council Steering Committee, Member Santa Maria Community Services Board of Trustees, Vice Chair Development Committee, Member Cincinnati Bar Foundation, Board of Trustees Member Chair, Events & PR Committee Hamilton County Republican Party Executive Committee, Member Judicial Nominating Committee, Chair Leadership Council, Member; Chair 2006-2008 Oktoberfest Zinzinnati 2005 Chair

Jill P. Meyer

Awards and Honors

The Best Lawyers in America® Media Law - 2007, 2008 Ohio Super Lawyers® Rising Stars, 2005, 2007, 2009 15 Business Women To Watch Cincinnati Enquirer, January 2006 Salmon P. Chase Alumni Association Outstanding Alumnus Award, May 2006 Forty Under 40 Cincinnati Business Courier, 2004

Nilesh (Neal) Patel

Nilesh (Neal) Patel Counsel

Neal is an advertising and intellectual property attorney who focuses his practice on helping clients design and implement marketing and advertising initiatives to meet their business objectives, while ensuring compliance with all applicable laws and regulations. Neal's practice covers the full gamut of issues that companies and advertising agencies face, including negotiating, drafting, and counseling on a wide variety of intellectual property opportunities, advertising and marketing related agreements, content and IP licensing, naming rights, product placement, sponsorship, and endorsement agreements. He also performs advertising review, claim substantiation analysis, sweepstakes and promotions review. Neal spends a great deal of time analyzing online programs and helping to structure user-generative content sites with appropriate registration processes, Terms of Use and Privacy Policy documents, and for compliance with the Children's Online Privacy Protection Act (COPPA), Digital Millennium Copyright Act (DMCA), Communications Decency Act (CDA), and related laws.

Prior to joining Frost Brown Todd LLC, Neal was lead advertising counsel for Sprint Nextel Corporation and an associate with Bryan Cave LLP in Kansas City, Missouri.

Experience

Reviewing and counseling on advertising copy throughout all stages (idea to production).

Handling all network advertising clearance matters.

Substantiating, defending and prosecuting claims before the National Advertising Division of the Council of Better Business Bureaus, national broadcast networks and other industry self-regulatory bodies.

Handling inquiries and investigations brought by the FTC, state AGs (both multi-state and individual actions), and local consumer protection agencies.

Counseling on various business practices, promotional activities and programs, including those related to gift certificates, telemarketing, price range advertising, sweepstakes, contests, and electronic billing.

Counseling in the areas of product sales and development, including claims, licensing, product liability, warranty, labeling, and related matters.

Counseling on marketing and sales related press releases, as well as crises management and other legal support for public relations groups.

CINCINNATI [email protected] 513.369.4805 513.651.6981 (Fax) PRACTICE AREAS First Amendment, Media and Advertising Intellectual Property Law Trademark / Copyright Law Privacy and Information Security Law International Services Group CONCENTRATION Advertising Law Intellectual Property Licensing Unfair Competition Privacy Trademarks Copyrights EDUCATION The Ohio State University B.S.B.A., 1992 University of Nebraska J.D., 1997 BAR MEMBERSHIPS Missouri Bar Association Kansas Bar Association COURTS Supreme Court of Kansas Supreme Court of Missouri United States District Court - Kansas United States District Court - Western District of Missouri United States Court of Appeals for the Tenth Circuit

Nilesh (Neal) Patel

Counseling on all aspects of internet marketing, sales, and support (e.g., transactions, terms of use, COPPA, customer forums, blogs, etc.).

Drafting, negotiating and counseling on a wide variety of contracts and agreements, including sales agreements, consumer terms and conditions, intellectual property licensing agreements, and alliance and other business marketing agreements.

Publications

"Internet and Journalism," Legal Handbook for Ohio Journalists, 4th Edition, published by Ohio State Bar Association, August 2007

@sk the LegalPro, AHHHH...I Can't Believe He Posted That On Our Website!

Presentations

“Children’s Online Privacy Protection Act,” Promotion Marketing Association, Inc. Conference, Chicago, Illinois, November 2007

“Advertising in International Markets – How to be Successful and Avoid the Pitfalls,” Miami Valley Trade Association, December 2007

Your Privacy Policy: Fact or Fiction?," Privacy and Information Security Seminar, Frost Brown Todd LLC, May 2008

"Interactive Media and the Law," AdClub Cincinnati Digital Non-Conference, Cincinnati, Ohio, November 2008

"Copyright & Trademark Update," The 30th Annual Promotion Marketing Law Conference, Chicago, Illinois, November 2008

"Your Privacy Policy," Institute of Management Accountants (Northern Kentucky Chapter), Covington, Kentucky, January 2009

"Interactive Media. Losing Control?," The Advertising Federation of Columbus, Columbus, Ohio, January 2009

"You've Done What With Our Website?," Cincinnati Bar Association, Corporate Counsel Luncheon, Cincinnati, Ohio, May 2009 "Make It Personal: Behavioral Marketing and Privacy Issues," AAF National Conference 2009, Washington D.C., June 2009

Nilesh (Neal) Patel

"Complying With State Laws on Sweepstakes, Contests and Promotions," American Conference Institute - 3rd Annual Advertisers' and Marketers' Regulatory Summit, Washington D.C., June 2009


Seven Hills Neighborhood Houses - Board of Trustees

American Marketing Association (Cincinnati Chapter) - Legal Advisor

Media Bridges - Board of Trustees

Monica L. Dias

Monica L. Dias Senior Associate

Monica L. Dias is a litigation attorney and intellectual property attorney who focuses her practice on First Amendment and media law issues, including defamation, invasion of privacy, access to courts, open records and open meetings issues, pre-publication and pre-broadcast review of news stories, and confidential sources. She also counsels clients regarding trademark and copyright issues, and her practice involves trademark registrations and prosecutions with the U.S. Patent and Trademark Office, as well as trademark litigation. In addition, she counsels and represents clients on advertising review issues, including food labeling review. Her practice also includes counseling clients on telecommunications and cable television issues, school law, and general business litigation. Ms. Dias is a former reporter for The Kentucky Post/The Cincinnati Post and a former legal fellow for the Reporters Committee for Freedom of the Press in Arlington, Virginia.

Experience

Fuchs v. Scripps Howard Broadcasting Co. dba WCPO-TV Channel 9, et al., 2006-Ohio-5349 (Hamilton App. Ct.)


American Bar Association Forum on Communications Law Ohio State Bar Association Media Law Committee Cincinnati Bar Association Member Kentucky Bar Association Member Northern Kentucky Bar Association Member Advertising Club of Cincinnati Member

Publications

Is Blog Operator or Author Held Liable for Comments?, Cincinnati Business Courier, October 2006, co-authored with Richard M. Goehler Reporter Privilege? Justice System Deals Blow to Fourth Estate, CBA Report, September 2005, co-authored with Richard M. Goehler From the Hotline, Q&A about reporter's privilege, The News Media and the Law, Fall 2005

CINCINNATI [email protected] 513.651.6783 513.651.6981 (Fax) PRACTICE AREAS First Amendment, Media and Advertising Litigation Intellectual Property Law Trademark / Copyright Law CONCENTRATION Media Law/First Amendment Law Trademarks Unfair Competition Copyright Advertising Law Food Labeling Law General Business Litigation School Law EDUCATION Western Kentucky University BA, 1984 Summa Cum Laude Salmon P. Chase College of Law J.D., 2001 Summa Cum Laude Order of the Curia Northern Kentucky Law Review, Senior Editor, (2000-01) BAR MEMBERSHIPS Kentucky Bar Association Ohio State Bar Association American Bar Association Cincinnati Bar Association Northern Kentucky Bar Association COURTS Ohio and Kentucky U.S. District Court for the Eastern District of Kentucky U.S. District Court for the Southern District of Ohio U.S. Court of Appeals for the Sixth Circuit U.S. Supreme Court

Monica L. Dias

Reporter-Source Confidentiality Still Viable, Cincinnati Business Courier, August 2005, co-authored with Richard M. Goehler FBT Media Law Advisory, monthly contributor, 2002-Present The Media Law Handbook for Radio Broadcasters, contributor, published by the National Assocation of Broadcasters, 2004

Presentations

Speaker/Presenter at "Copyright & Trademark Issues - Do You Really Know, or Do You Want to Find Out The Hard Way?" - Greater Dayton Advertising Federation, May 17, 2007. Panelist, "The Legal Aspects of Blogging," Cincinnati Chapter - Society of Professional Journalists, February 15, 2007. Speaker, "Ethics and the Media," Gateway Community & Technical College leadership program, October 2006 Speaker, Ohio State Bar Association Annual Law & Media Conference, October 2006 Speaker and planning committee member, Society of Professional Journalists Region IV conference, April 2006 Speaker, Ohio State Bar Association panel discussion on reporter's privilege and confidential sources, University of Cincinnati, April 2006 Speaker and organizer, "A Primer on Ohio Public Records Law," January 2006Speaker, Society of Professional Journalists, Lexington, Kentucky Chapter, panel discussion on reporter's privilege and confidential sources, October 2005 Speaker, Society of Professional Journalists, Cincinnati Chapter, panel discussion on reporter's privilege and confidential sources, August 2005 Speaker, "Application of Fair Housing Act to Newspaper Classified Advertisements," Kentucky Press Association Fall Advertising Seminar, September 2004 Speaker, Kentucky Open Records Act Seminar, Investigative Reporters and Editors Better Watchdog Workshop, Western Kentucky University, October 2004 Numerous newsroom seminars covering topics including libel, invasion of privacy, and open records/open meetings issues.


Kids Voting Northern Kentucky Board Member Society of Professional Journalists Cincinnati Chapter, Board Member Leadership Northern Kentucky Member, 2007 Class

Monica L. Dias

Northern Kentucky Volunteer Lawyers Board Member

Awards and Honors

Ohio Super Lawyers Rising Stars (2007)

Patricia A. Foster

Patricia A. Foster Senior Associate

Patricia Foster is a litigation attorney who focuses her practice on First Amendment, media, advertising, and branding issues. Prior to entering the legal profession Mrs. Foster worked as a consultant to the hospitality industry in Europe, Australia, and North Africa. In that capacity, she advised hoteliers and tourist boards, researched tourism markets, and predicted the financial feasibility of proposed hotel developments in Europe, Australia, and North Africa.


Cincinnati Bar Association Ohio State Bar Association

Publications

Good Guns (and Good Business Practices) Provide all the Protection They Need, University of Cincinnati Law Review, Summer 2004. 72 U. Cin. L. Rev. 1739

MLRC MediaLawLetter, contributor July 2006

MLRC LibelLetter, contributor February 2007

MLRC LibelLetter, contributor November 2007

FBT Media Law Advisory Frequent contributor

@sk the LegalPro Frequent contributor

Advertising Can Trump Food Safety Scares, Food Safety Solutions, Fall 2008

Presentations

Hospitality Law Conference Navigating I-9, February 2008

Hospitality Law Conference, February 2009 Internet Marketing with User Generated Content

CINCINNATI [email protected] 513.651.6730 513.651.6981 (Fax) PRACTICE AREAS First Amendment, Media and Advertising Intellectual Property Law EDUCATION University of Cincinnati College of Law J.D., 2005 Order of the Coif First Place National Champion, ABA Representation in Mediation Competition, 2003 University of Cincinnati Law Review, Editorial Board Michigan State University BA, 1982 Bachelor of Arts with High Honor, Restaurant & Hotel, Institutional Management COURTS Supreme Court of Ohio U.S. District Court for the Southern District of Ohio United States District Court E.D. Tennessee Courts of Appeals for the Sixth

Jason W. McGlone Advertising Review Specialist, Business Bureau of Cincinnati

Jason McGlone has been the Advertising Review Specialist at BBB in Cincinnati since 2004. Since that time, he has been among the most active BBB advertising reviewers in the country. He has assisted in utilizing current multimedia recording and editing technology for the purposes of digitally reviewing television, radio, and web advertising, has assisted other BBBs in training advertising review staff, and continues to provide consult to companies regarding the ethical content of their advertising. He lives in Bellevue, KY with his wife and daughter.

Erika L. Lehman Director of BBB Foundation Services, Better Business Bureau of Cincinnati

Erika Lehman, Director of BBB Foundation Services, oversees the Cincinnati BBB Foundation's five major programs and fundraising goals. Prior to joining BBB five years ago, Erika co-oped at one of the largest grant-making foundations in Cincinnati while earning her B.A. in Communication Arts from the College of Mount St. Joseph. She has recently returned to school and is earning her J.D. from Salmon P. Chase College of Law at Northern Kentucky University. In addition, she is serving a one year term as President of Mayor Mallory's Young Professionals Kitchen Cabinet.

Kevin T. Shook

Kevin T. Shook Senior Associate

Kevin Shook concentrates his practice in the areas of complex commercial litigation, media law, advertising law and banking law. Mr. Shook was recently named a Rising Star in the 2009 edition of Ohio Super Lawyers magazine. He regularly represents corporations, real estate investment firms and banks in a wide variety of complex litigation. He represents media clients in all aspects of First Amendment and newsroom-related matters, including defense of defamation and privacy claims and public records matters. He regularly defends false advertising cases, including claims brought under the Ohio Consumer sales practices Act. He also counsels on prepublication review of advertisements. Mr Shook serves on the Board of Directors for the American Red Cross of Greater Columbus and the Ohio Society for Prevention of Cruelty to Animals. He is also the Pro Bono Coordinator for the Frost Brown Todd, Columbus Office.

LITIGATION EXPERIENCE

Defamation/Privacy:

Obtained summary judgment, affirmed on appeal, for two television stations and their news anchors in a state court defamation case.

Obtained summary judgment, affirmed on appeal, for a television station in a state court defamation case.

Obtained dismissal of claims against a television station in state court related to a news report that mistakenly identified the plaintiff.

Successful resolution and defense of a national pet supply company against defamation claims brought by a former employee.

Newsgathering:

Successful challenge of an Ohio Secretary of State directive that would have prevented news media access to polling places.

Advertising:

Obtained summary judgment in favor of an advertising client based upon arguments that the client was exempt from the Ohio Consumer Sales Practices Act and and findings that the Ohio Electronic Mail Advertising Act is preempted by the Federal CAN-SPAM Act.

Obtained a voluntary dismissal of deceptive advertising claims brought against an e-mail advertising company.

COLUMBUS [email protected] 614.464.1211 614.464.1737 (Fax) PRACTICE AREAS First Amendment, Media and Advertising Banking Litigation Litigation Commercial Litigation/UCC CONCENTRATION First Amendment, Media and Advertising Law General Business/Commercial Litigation Banking Litigation Real Estate Litigation EDUCATION Denison University BA, 1995 The Ohio State University J.D., 2001 BAR MEMBERSHIPS Ohio State Bar Association Columbus Bar Association

Kevin T. Shook

Obtained dismissal of a Complaint before the Ohio Elections Commission challenging the accuracy of political advertising.

Successful defense of false advertising and “bait and switch” claims filed against a national corporation in state court.

Obtained dismissal of a Complaint filed against a radio station for alleged injuries that occurred at an event advertised by the station.

First Amendment/Prior Restraint:

Successful representation of television station challenging an attempted gag order and an effort to prevent cameras in the courtroom.

Complex Business/Real Estate/Commercial Litigation:

Obtained summary judgment, affirmed on appeal, for a leading provider of waste services regarding a permit to install a landfill.

Obtained summary judgment, affirmed on appeal, for a financial institution in an action involving alleged federal securities violations.

Obtained summary judgment dismissing claims against a healthcare corporation related to the sale of an MRI imaging business.

Successful prosecution of claims filed against a public entity for damage caused by a major construction project.

Obtained dismissal of product liability claims brought against a national supplier of car seats.

Successful defense against product liability claims brought against a leading supplier of healthcare products.


Ohio State Bar Association Media Law Committee, Chairman

Columbus Bar Association Common Pleas Committee, Member Pro Bono Committee, Member

Media Law Resource Center Employment Libel Committee, Member

Ad ti i F d ti f C l b

Kevin T. Shook

Member

Ohio Association of Broadcasters Member

Ohio Newspaper Association Associate Member

Publications

Push Pull Drag It In: Advertising Your Automobile Dealership Without Fear. FBT @sk the Legal Pro (2009)

Ohio Amends Law Exempting Property From Attachment FBT Banking Blog (September 3, 2008)

Ohio Supreme Court Allows for Recovery of Attorneys Fees Upon Mortgage Reinstatement. FBT Banking Blog (April 27, 2009)

Amtrust Sells Columbus Branches to WesBanco. FBT Banking Blog (January 26, 2009)

SEC Proposes to Expand Privacy Regulations. Defense Research Institute, Young Lawyer Committee Newsletter, The Whisper, May 6, 2008 (also published as FBT Client Advisory, April 1, 2008).

Fifth Circuit upholds suspension of student who wrote violent story: Appellate court's extends permissible censorship of student speech based on its broad interpretation of the 'Bong Hits 4 Jesus' case. Quill & Scroll Magazine, February 2008.

Ohio Supreme Court Narrowly Revives Defamation Lawsuit Filed By Chief of Police Ohio Newspaper Association Bulletin; Frost Brown Todd Client Advisory March 31, 2008.

FHA Lifts Limits on Insurance For Foreclosed Homes. Frost Brown Todd Client Advisory, June 19, 2008.

House Bill 9 Amends Ohio Public Records Law. Frost Brown Todd Client Advisory, September 18, 2007 (also published as a Frost Brown Todd Media Law Advisory on August 31, 2007.

Porn on Public School Teacher’s Computer is Public Record. Frost Brown Todd Media Law Advisory, May 31, 2007.

Kevin T. Shook

MLRC 50 State Survey: Media Libel Law, 2007-08: Ohio Sections Author, published annually by the Media Law Resource Center

MLRC 50 State Survey: Employment Libel and Privacy Law, 2007-08: Federal Sections Author, published annually by the Media Law Resource Center

MLRC 50 State Survey: Employment Libel and Privacy Law, 2006-07: Federal Sections Author, published annually by the Media Law Resource Center

Frost Brown Todd Media Law Advisory Staff Writer, published monthly by Frost Brown Todd, LLC

State Sponsors of Terrorism: The Flatow Mistake Author, Ohio State Law Journal, 61 Ohio St. L.J. 1301 (2000)

Presentations

"Free* Seminar: How to Stay on the Right Side of the Law When Advertising Your Automobile Dealership" Dayton AdClub: November 20, 2008.

Newsroom Presentation. Columbus Business First: February 27, 2009.

Newsroom Presentation. WSYX TV-6/ WTTE FOX 28: April 14, 2009.

Ohio State Bar Association Annual Conference CLE Seminar: “Talkin’ ‘Bout My(Space) Generation.” May, 2008. Taught a three hour seminar regarding the law related to social networking websites. Ohio State Bar Association Media Law Conference: “Talkin’ ‘Bout My(Space) Generation.” October, 2008. Taught a three hour seminar regarding the law related to social networking websites. Public Records Presentation: WSYX Channel 6: August 1, 2007 Newsroom Seminar: Columbus Business First, February 22, 2008 When an Asterisk Just Won’t Save You: Making Advertising Claims Without Fear: Columbus AdFed Seminar, April 2, 2008.

FREE* Seminar: How to Stay on the Right Side of the Law When Advertising Your Automobile Dealership: Greater Dayton Advertising Association Seminar, November 20, 2008.

Kevin T. Shook


Ohio Society for Prevention of Cruelty to Animals, Vice President, Board of Directors

American Red Cross of Greater Columbus, Board of Directors

Ohio Supreme Court Justice Evelyn Stratton's Reelection Campaign, Host Committee

Awards and Honors

Named: 2007 Ohio Super Lawyers Magazine: "Rising Star"

Named: 2009 Ohio Super Lawyers Magazine: "Rising Star"

Nicolette R. Hudson

Nicolette R. Hudson Member

Nicolette Hudson is a Member of Frost Brown Todd LLC and practices in the Intellectual Property Department. She represents domestic and international clients in a wide array of intellectual property matters, with particular emphasis on trademark and copyright prosecution, counseling and enforcement.

Ms. Hudson’s practice involves trademark registrations and prosecutions with the U.S. Patent and Trademark Office, inter partes proceedings before the Trademark Trial and Appeal Board, foreign trademark applications and assignments, advertising review, license agreements, copyright registrations, resolution of domain name disputes, and trademark, unfair competition and copyright litigation.


American Bar Association Member Ohio State Bar Association, IP Section Board of Governors International Trademark Association Committee Member

Publications

ALP: l licensed stock artwork to use in advertisements for my product. Are there any limitations to how the artwork can be used? February 2007

Author: "More Stringent Guidelines for Children's Advertisements" Martindale-Hubbell Counsel to Counsel, December 2006

Death by Counterfeit The Licensing Book, July 5, 2006

Co-Author: “Cheaper is Not Always Better: The Pros and Cons of the Madrid Protocol” Cincinnati Business Courier, May 2003

Presentations

Speaker: Legal 201: Effective Negotiation Strategies and Protection for Licensed Properties Licensing International Expo, NY, NY, June 2006

COLUMBUS [email protected] 614.559.7233 614.464.1737 (Fax) PRACTICE AREAS Intellectual Property Law Trademark / Copyright Law First Amendment, Media and Advertising International Services Group Privacy and Information Security Law CONCENTRATION Trademarks Unfair Competition Copyright and Litigation EDUCATION Miami University BA, 1994 University of Cincinnati J.D., 1999 BAR MEMBERSHIPS American Bar Association Ohio State Bar Association Columbus Bar Association FIRM COMMITTEES Community Opportunities Committee Member

Nicolette R. Hudson

Speaker: Intellectual Property 101 for Licensing – Are You Protected? Paperworld USA, Las Vegas, November 2005

Speaker: Protecting Trademarks in the U.S. Wahlert law firm, Stuttgart, Germany, October 2005

Speaker: Intellectual Property 101: The Basics International Toy Fair, NY, NY, February 2005

Speaker: Advertising Law Seminar Lorman Educational Services, Columbus, Ohio, December 2004

Speaker: Intellectual Property Concerns of Exporting Greater Columbus Chamber of Commerce, September 2004

Speaker: Media Law Adjunct Lecturer, University of Cincinnati, Fall Semester 2004

Speaker: Trademarks in Cyberspace Frost Brown Todd Annual CLE Program, November 2003

Speaker: Recent Developments Concerning US Supreme Court Rulings on Trademark Dilution Multilaw, Amsterdam, May 2003


Advertising Federation of Columbus

Executive Board Member

Richard M. Goehler

Richard M. Goehler Member

Dick Goehler’s practice is concentrated in the areas of media law, including digital and interactive media, advertising law, copyright and trademark and complex intellectual property and business litigation. He represents media clients in all aspects of First Amendment and newsroom-related matters, including prebroadcast / prepublication review, newsgathering, defense of defamation and privacy claims, and access and freedom of information matters. He handles a wide variety of constantly evolving internet, digital and interactive media issues. He counsels and advises on advertising review, clearance issues, sweepstakes and promotions, and litigates advertising, copyright and trademark matters. He also regularly represents the Firm’s corporate and business clients in a wide variety of complex business and commercial litigation matters.

Mr. Goehler is the Immediate Past Chair of the American Bar Association Forum on Communications Law.

Experience

First Amendment and Prior Restraint:

Successful representation of national business magazine in a federal court litigation involving an attempted prior restraint

Pro bono representation of student press organization and amici in federal appellate court litigation involving attempted prior restraint

Defamation and Invasion of Privacy:

Obtained defense verdict in a jury trial, affirmed on appeal, for a television station in a federal court defamation case

Obtained summary judgment, affirmed on appeal, for a monthly magazine in a federal court defamation and privacy case

Obtained summary judgment, affirmed on appeal, for a daily newspaper in a state court defamation case

Obtained summary judgment, affirmed on appeal, for a television news anchor in a state court defamation case

Obtained summary judgment, affirmed on appeal, for a television station in a federal court defamation and privacy case

Obtained summary judgment, affirmed on appeal, for a talk radio station and its

CINCINNATI [email protected] 513.651.6711 513.651.6981 (Fax) PRACTICE AREAS First Amendment, Media and Advertising Intellectual Property Law Trademark / Copyright Law Business Litigation CONCENTRATION First Amendment and Media Law Advertising Law Digital and Interactive Media Trademark/Copyright Law Complex Business Litigation EDUCATION Miami University AB, 1979 University of Notre Dame Law School J.D., 1982 BAR MEMBERSHIPS American Bar Association Ohio State Bar Association Cincinnati Bar Association COURTS Ohio U.S. Supreme Court U.S. Court of Appeals: Sixth Circuit Seventh Circuit Ninth Circuit U.S. District Court: Southern District of Ohio Northern District of Ohio

Richard M. Goehler

host in a state court defamation case

Newsgathering Litigation:

Obtained favorable trial court verdict for a national business magazine in a federal court newsgathering case

Access and Public Records/Mandamus: Obtained several successful mandamus decisions compelling access and public records information for print and broadcast media clients

Advertising/Complex Business/Commercial Litigation:

Obtained summary judgment, affirmed on appeal, for radio station in a state court advertising case

Successful representation of a national supplier of lawn care products in a federal court advertising and Lanham Act case

Obtained successful zoning decision representing a local municipality Obtained favorable jury verdict, affirmed on appeal, for a retail store in litigation involving a major commercial bank

Obtained successful verdicts and workouts representing several million dollars of commercial loan recovery for a major commercial bank

Successful representation for minor league baseball organization in litigation involving ownership rights to a local franchise


American Bar Association Forum on Communications Law - Governing Board Member; Immediate Past Chair First Amendment and Media Litigation Committee, Co-Chair (2001-2004) Media Law Resource Center - Defense Counsel Section Advertising & Commercial Speech Committee - Co-Chair (2001-2004) Ethics Committee MediaLawLetter Committee Ohio State Bar Association Media Law Committee Federal Courts & Practice Committee Ohio State Bar Foundation Class of 2009 Fellows Cincinnati Bar Association Board of Trustees - Member Cincinnati Academy of Leadership for Lawyers -

Richard M. Goehler

Former Steering Committee Member Trial Advocacy Institute - Steering Committee Member Communications Advisory Committee National Institute for Trial Advocacy Member Potter Stewart American Inn of Court Member

Publications

FBT Media Law Advisory Editor, published monthly since January, 1999 "Is Blog Operator or Author Held Liable for Comments? Employer Could Be Responsible for Content Posted by Worker" Co-author, Cincinnati Business Courier, October 6, 2006 Media Law Handbook for Talk Radio Editor, published by the National Association of Broadcasters, 2000 Media Law Handbook for Radio Broadcasters Editor, published by the National Association of Broadcasters, 2004 "The Reporter-Confidential Source Relationship: Protecting the Public's Right to Know" Co-author, Cincinnati Business Courier, August 2005 "Justice System Deals Blow to Fourth Estate" Co-author, Cincinnati Bar Association Report, September 2005 "Hosty is a 'Recipe for Confusion and Conflict'" Author, American Bar Association Communications Lawyer, Fall 2005 "Expansion of Tort Law at the Expense of the First Amendment: Has the Jones Court Gone Too Far?" Northern Kentucky Law Review, Symposium Issue, 2000 Ohio Outline, Media Law Resource Center 50 State Survey for Media Libel Law Co - author for annual update since 1982

Presentations

ABA Forum on Communications Law Annual Conference Member, Program Planning Committee, 2007-2009

Richard M. Goehler

Cincinnati Bar Assn./Society of Professional Journalists Law & Media Night Panelist, 2009 The Liberty Tree Initiative: Celebrating the First Amendment Speaker, Miami University Miami University Communications Department - Mass Media Law Adjunct Faculty Member Hosty v. Carter; Assn. for Education & Journalism in Mass Communications San Francisco, August 2, 2006 Student Press Freedoms; Society of Professional Journalists National Convention Chicago, August 26, 2006 Trial Tales: Divita v. 84 WHAS; NAA/NAB/MLRC Media Law Conference Alexandria, September 28, 2006 Ask the Experts Briefing on Libel & Privacy Law; Ohio State Bar Association Law & Media Conference Columbus, October 6, 2006 Government Secrets and Nuclear War in the Middle East Miami University, October 9, 2006


Greater Cincinnati Convention and Visitors Bureau Board of Directors Student Press Law Center Board of Directors Ruth Lyons Foundation Board of Directors Advertising Club of Cincinnati Board of Directors University of Notre Dame Law School - St. Thomas More Society Member University of Notre Dame Alumni Association Member Miami University Red & White Club Member Miami University Alumni Association Member

Richard M. Goehler

Awards and Honors

AV Rated by Martindale-Hubbell®

The Best Lawyers in America® 2008, 2009 - Recognized in 3 Categories: Advertising, First Amendment, and Media Super Lawyers 2006, 2007, 2008, 2009*

*Recognized in the Corporate Counsel Edition of Super Lawyers 2009

Emily S. Meyer

Emily S. Meyer Associate

Emily Meyer is an attorney in the firm’s Intellectual Property Group. Ms. Meyer counsels and assists clients in matters involving intellectual property law including patent procurement, due diligence, licensing, IP portfolio management, and litigation.

Ms. Meyer obtained a bachelor of science degree in Materials Science & Engineering from The Ohio State University, where she specialized in biomaterials. Taking classes in anatomy, physiology, tissue mechanics, biopolymer function, and tissue engineering, Ms. Meyer also received a minor in Biomedical Engineering.

Ms. Meyer graduated cum laude from the University of Dayton School of Law, where she was Managing Editor of the Law Review. Prior to joining Frost Brown Todd, Ms. Meyer served as an extern for the Honorable Evelyn Lundberg Stratton of the Supreme Court of Ohio.


CincyIP American Bar Association American Intellectual Property Law Association Ohio State Bar Association Cincinnati Bar Association

Presentations

Co-presenter, “Free* Seminar: How to Stay on the Right Side of the Law When Advertising Your Automobile Dealership,” Greater Dayton Advertising Assn. Professional Development Series (Nov. 20, 2008)

CINCINNATI [email protected] 513.651.6803 513.651.6981 (Fax) PRACTICE AREAS First Amendment, Media and Advertising Intellectual Property Law Trademark / Copyright Law EDUCATION University of Dayton School of Law J.D., 2008 cum laude University of Dayton Law Review Managing Editor, 2007-2008 Staff Writer, 2006-2007 The Ohio State University B.S., 2005 FIRM COMMITTEES Women’s Initiative Steering Committee COURTS Ohio

Documents

Lawyers, Ads & Money