Faruki

Erin Rhinehart, a Partner at Faruki PLL, once again is named one of Dayton Business Journal’s Power 50.  The Power 50 award highlights the top female leaders in Dayton from a variety of industries who have made a large impact on the Miami Valley.  See Pitch Engine article.…
The Supreme Court closed the door to removal to federal court for third-party counterclaim defendants.  Only the defendant the original plaintiff sued has the privilege of removing under 28 U.S.C §1441 and § 1453(b).  As for defendants to counterclaims or defendants roped in as third-party defendants, they will have to try their luck in the plaintiff’s choice of state court. In a recent 5-4 decision, the Supreme Court refused to allow third-party counterclaim defendants to…
In June of this year, in Iancu v. Brunetti, 139 S.Ct. 2294 (2019) the Supreme Court struck down the statutory prohibition on federal registration of a so-called “scandalous” trademark — in this instance, “FUCT” – as conflicting with the First Amendment guarantee of free speech.  The Court’s decision, as predicted by most observers, was consistent with its decision last year in Matal v. Tam, 137 S.Ct. 1744 (2017), in which the Court held that the…
Erin has significant experience defending state and federal class actions, and frequently assists clients navigate a variety of contract issues (e.g., non-compete, non-disclosure, non-disparagement, employment, licensing, distribution, trade secrets, entertainment).  She also leads the firm’s media and communications practice, which includes First Amendment and advertising issues, public records, trademark, copyright, and open court issues.  Her practice regularly focuses on assisting clients in the health care, pharmaceutical, data analytics and technology, consumer products, education, logistic, and…
For the year 2019-2020, Erin Rhinehart has been selected as Vice President for the Ohio Women’s Bar Association (“OWBA”).  The OWBA was formed in 1991 to build a community of lawyers who are interested in the issues that uniquely affect women.  Their mission is to promote the leadership, advancement and interests of women attorneys in Ohio, through professional education, networking and the exchange of ideas between members, local bar associations, business and the community. Erin…
An unknown author said that “family is a little world created by love.”  Does this comport with the old adage that “blood is thicker than water”?  Well, maybe not. Any practitioner of adoption law can sadly tell the tale (and truth) as old as time: child gets removed from biological home.  Child is placed with foster family.  Child bonds with and flourishes under the care of foster family.  Parental rights are terminated.  Foster family desperately…
On November 30, 2017, Rick Pitino filed a lawsuit against the University of Louisville Athletic Association (the “ULAA”).  Pitino filed the lawsuit in response to the ULAA’s termination of its contract with Pitino, which the ULAA terminated after news broke of the University of Louisville’s reported connection to the nationwide NCAA pay-to-play scandal and the revelation of an additional escort scandal involving the men’s basketball team.  Recently, the court held oral arguments on Pitino’s and…
In Lamps Plus, Inc. v. Varela, No. 17-988 (Apr. 24, 2019), the Supreme Court held that because of the “fundamental” differences between individual arbitration and class arbitration — i.e., a class action claim that is determined in an arbitration proceeding — it is error for a court to use a traditional tool for contract interpretation (construing an agreement against its drafter) to resolve ambiguous language in an agreement in favor of class arbitration. As discussed…
If you’ve ever eaten at a Burger King in Ohio, it may well be one that is owned and operated by Carrols LLC, the largest franchisee of Burger King restaurants in the United States.  Carrols and its related entities own over 560 Burger King franchises in 13 different states and employ over 17,000 employees.  Carrols owns over 60 Burger King restaurants in Ohio alone (indeed, as it turns out, the Burger King where I get…