First Amendment and Media

General Business/Commercial Litigation

Interactive Media and Internet Law

Banking Litigation

Real Estate Litigation

Pro Bono Committee, Member

• Ohio, 2001

• U.S. District Court for the Southern District of Ohio, 2001

• The Ohio State University, Moritz College of Law, J.D., 2001
• Denison University, B.A., 1995

Kevin concentrates his practice in the areas of complex commercial litigation, media law, advertising law and Internet law.  He was recently named a Rising Star in the 2011 edition of Ohio Super Lawyers magazine.  Kevin regularly represents large corporations, real estate firms and banks in a wide variety of commercial litigation disputes.  He represents media clients in all aspects of newsroom-related matters, including defense of defamation and privacy claims and public records matters.  He provides prepublication review of advertisements and defends false advertising cases brought under the Ohio Consumer Sales Practices Act, the FTC Act and the Lanham Act.  He also represents clients on a wide array of Internet and technology related matters, including CAN-SPAM compliance, domain disputes and Internet privacy laws.  Kevin serves on the Board of Directors for the American Red Cross of Greater Columbus and he is the Pro Bono Coordinator for the Frost Brown Todd, Columbus Office.

Experience

LITIGATION

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.  

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.

• Selected for inclusion in Ohio Super Lawyers Rising Stars®  2007, 2009-2012

• 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
• Advertising Federation of Columbus, Member
• Ohio Association of Broadcasters, Member
• Ohio Newspaper Association, Associate Member

• The Social Media Landmines for Financial Services: 10 Legal Issues Every Bank Should Consider
• Ohio Supreme Court Allows for Recovery of Attorneys Fees Upon Mortgage Reinstatement
• AmTrust sells five Columbus branches to WesBanco
• Ohio Amends Law Exempting Property From Attachment
• FHA Lifts Limits on Insurance for Foreclosed Homes
• SEC Proposes To Expand Privacy Regulations

Past

• 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

"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.

Quoted in Social Medial and the Law by Lisa Hooker
Columbus C.E.O. June 2010

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.

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

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

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

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

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