Dick Goehler’s practice is concentrated in the areas of media law, including digital, interactive and social 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 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

 

Professional Affiliations

American Bar Association
  Cincinnati Bar Association Delegate to American Bar Association House of Delegates
  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 - 
        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

Awards / Honors

AV Rated by Martindale-Hubbell^®

The Best Lawyers in America^® 2008-2010 - Recognized in 4 Categories: Advertising, Communications, First Amendment and Media

Selected for inclusion in Ohio Super Lawyers^® 2004,2005, 2006, 2007, 2008, 2009*, 2010
   *Recognized in the Corporate Counsel Edition of Super Lawyers 2009-2010

Resources

Press Releases

Frost Brown Todd Attorneys Receive Recognition in 2010 Super Lawyers® Corporate Counsel Edition

July 2010

35 Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers® and 15 Recognized by Ohio Rising Stars® for 2010

December 22, 2009

Publications

Twittering, Blogging OK in Court?

April 2010

Presentations

ABA Annual Meeting
The Right of Publicity: From Hollywood to D.C./From Pop Stars to Politicians
  Moderator, August 2010

KBA Webinar Series:  Hot Issues in Newsgathering
  Presenter, July 2010

23rd Annual Media and the Law Seminar - Kansas City
LinkedIn, Twitter, Facebook, Oh My!  The Ethical Dangers of Social Networking for Attorneys
  Moderator, April 2010

Radio Television Digital News Association Annual Convention
Legal Updates 2010
  Panel Participant, April 2010

Indiana Coalition on Open Government:  Citizen Journalism Boot Camp '10
The Citizen Journalist & The Law; Online Copyright, Fair Use and User-Generated Content
  Presenter, March 2010

Louisville Society of Professional Journalists:  Legal Updates Seminar
Freedom of Information; Online Copyright, Fair Use & User-Generated Content; Courtroom Access
  Presenter, March 2010 

ABA Forum on Communications Law 15th Annual Conference - January 2010
  Facilitator, Hot Issues in Newsgathering Workshop
  Member, Conference Planning Committee

RTDNA Webinar:  Law & Ethics, Social Media Edition
  Presenter, February 2010 

OAB Webinar Series:  Evolving Legal Issues with Online, Digital and User-Generated Content
  Presenter, February 2010 

OAB Webinar Series:  Hot Issues in Libel/Privacy
  Presenter, January 2010 

OAB Webinar Series:  Hot Issues in Newsgathering
  Presenter, December 2009

AAF Webiner:  Indecency:  Fleeting Expletives and Fleeting Nudity
  Presenter, November 2009

911 Calls Forum - Panel Discussion on Proposed Legislation Restricting Access to 911 Tapes
  Moderator, Cincinnati Society of Professional Journalists, October 2009

OSBA Law and Media Conference 
  Moderator, Libel/Privacy Update Panel, October 2009

Cincinnati Bar Assn./Society of Professional Journalists Law & Media Night
  Panelist, October 2009

"The Obama Factor & FTC Update"
  Lawyers, Ads & Money....with a shot of Sunny D®!
  Cincinnati, Ohio; July 2009

The Liberty Tree Initiative: Celebrating the First Amendment
  Speaker, Miami University, April 2008

Miami University Communications Department - Mass Media Law
  Adjunct Faculty Member

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

Student Press Freedoms; Society of Professional Journalists National Convention
  Chicago, August 26, 2006

Hosty v. Carter; Assn. for Education & Journalism in Mass Communications
   San Francisco, August 2, 2006

Investigative Reporters and Edtors Conference
   June 17, 2006

Legal Assaults on the Press and Battling Back
   June 15, 2006

"Stay out of Jail:  Using Un-Named Sources"
   October 27, 2005

Publications

FBT Media Law Advisory
 Editor, published monthly since January, 1999

What to Do When Police Tell You To Stop Taking Photos, Video
  Interview Contributor, Al's Morning Meeting, Poynter Online, June 2010 

U.S. Supreme Court Allows Search of Employee's Text Messages; City of Ontario v. Quon
  Author, MLRC MediaLawLetter, June 2010

U.S. Supreme Court Decision in City of Ontario v. Quon
  Blog Points, Cincinnati Business Courier, June 2010

U.S. Supreme Court Hears Oral Arguments in Text Message Privacy Case
  Author, Cincinnati Business Courier, May 2010

Supreme Court of New Hampshire Supports Free Speech Rights for Website
  Author, RTDNA Website, May 2010

Cincinnati's Digital Hub Initiative
  Author, Cincinnati Business Courier's "Trends: Featuring Who's Who in Advertising, PR & Design," April 2010

The Legal Case for Twitter in the Courtroom
  Author, ABA Communications Lawyer, April 2010

Twittering, Blogging: OK in Court?
  Author, CBA Report, April 2010

New Jersey District Court Grants Summary Judgment in Shock Jock Radio Case
  Author, RTDNA Website, April 2010

Ohio Supreme Court Overturns Judge's Gag Order on the Media
  Author, MLRC MediaLawLetter, April 2010

Can Anonymous Internet Posters Be "Unmasked"?
  Author, RTDNA Website, February 2010

Technology-based Ethical Challenges:  Practical Advice for Dealing with the Disclosure of Metadata
  Author, MLRC MediaLawLetter, February 2010

Technology Traps: Ethical Considerations for Litigators in a 24/7 Online World
  Author, ABA Litigation Magazine, Winter 2010

"Case Debates Privacy of E-mails, Texts" -- Quon v. City of Ontario (CA)
  Author, Cincinnati Business Courier, January 22, 2010

Privacy of E-mails, Texts --Quon v. City of Ontario (CA)
  Author, RTDNA Website, December 2009

“Metadata” Found to be a Public Record -- Lake v. City of Phoenix
  Author, RTDNA Website, December 2009

Twitter in the Courtroom
  Author, RTDNA Website, October 2009

“The Supreme Court Upholds New FCC Policy But Does Not Address Constitutional Issue"
  Author, May 2009

Recent Federal and State Regulatory Action and Governmental Legislation -- Advertising Industry Urged to Oppose Governmental Regulations
  Author, May 2009

The State of the Forum:  Chair's Column, ABA Forum on Communications Law, First Amendment & Media Litigation Newsletters 
   Author, 2008

"Weeding Out The Toxic Juror"
  Author, Spring 2007

"Rhode Island Supreme Court Affirms Dismissal of Defamation Claim for The Standard Times"
  Author, September 2007

"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 CommunicationsLawyer, Fall 2005

Media Law Handbook for Radio Broadcasters
  Editor, published by the National Association of Broadcasters, 2004

Media Law Handbook for Talk Radio
  Editor, 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

Ohio Outline, Media Law Resource Center 50 State Survey for Media Libel Law
  Co - author for annual update since 1982

Civic and Charitable Organizations

World Choir Games 2012
  Board of Directors
Greater Cincinnati Convention and Visitors Bureau
  Board of Directors, Vice Chair
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