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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…
Faruki PLL has once again been ranked as a leading law firm by Chambers USA, one of the country’s top legal guides.  Chambers’ annual rankings are based on formal submissions completed by law firms, in addition to feedback from clients and other law firms.  Click for PitchEngine article.   The post Faruki PLL Receives Ranking From Chambers USA appeared first on Faruki PLL.…
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…
Jeff Cox is the Vice Chair of Miami Valley Public Media, Inc. (“MVPM”) the non-profit corporate parent of newly-independent public radio station, WYSO.  Located in Yellow Springs, Ohio, WYSO broadcasts throughout west central and southwest Ohio at 91.3 FM.  Founded over 60 years ago at Antioch College, WYSO is an affiliate of National Public Radio (“NPR”) and has grown to become one of the leading public radio stations in the United States.  Management of WYSO…
A trio of decisions illustrates the challenge of obtaining class certification in class actions based on data breaches. Relatively few courts have addressed the issue of class certification in data security and privacy lawsuits, but three of the courts to do so have refused to certify the classes.  Dolmage v. Combined Ins. Co. of Am., No. 14 C 3809, 2017 U.S. Dist. LEXIS 67555, at *7 (N.D. Ill. May 3, 2017); In re Hannaford Bros.…