Monica L. Dias
Monica is a litigation attorney and intellectual property attorney who helps clients shape their content and protect their work. A seasoned First Amendment and media lawyer, Monica has extensive experience defending media clients against defamation and invasion of privacy claims, as well as enforcing their right of access to courtrooms, public records and public meetings. Her clients (TV and radio stations, magazines, newspapers, bloggers and documentary filmmakers) communicate content through traditional media as well as websites, tweets and social media. Through pre-publication and pre-broadcast review of news stories and other content, she helps clients navigate evolving case law regarding defamation, privacy, right of publicity and copyright infringement so they can safely post content online, in print and on the air. She enforces her media clients’ First Amendment rights through litigation.
Monica also counsels clients on trademark and copyright issues, including trademark clearance and investigation, trademark prosecution and trademark registration in the U.S. and abroad. She manages large trademark portfolios for U.S. and international brands, and protects and enforces trademarks worldwide. Her litigation experience includes defending against or prosecuting claims of false advertising, unfair competition, trademark infringement and copyright infringement. Her expertise helps clients navigate the ever-changing legal landscape regarding fair use of copyrighted material.
In addition, she counsels and represents clients on advertising review issues, including food labeling review. Her practice includes counseling clients on school law and general business litigation. Monica is a former reporter for The Kentucky Post/The Cincinnati Post newspapers and a former legal fellow for the Reporters Committee for Freedom of the Press in Washington, D.C.
- Successfully defended against subpoenas issued in state court against multiple media clients for all news reports concerning controversial juvenile court judge.
- Successfully resolved multiple alleged copyright infringement claims against media clients.
- Obtained summary judgment dismissal of defamation and false light invasion of privacy claims against newspaper. Grubb & Associates, LPA v. Justice & Co., Inc., Medina C.P. No. 15CIV0076 (Feb. 1, 2016).
- Obtained order from Ohio Court of Appeals prohibiting juvenile court judge from restricting media access to her courtroom. Ohio ex rel. Scripps Media, Inc., dba WCPO-TV v. Hunter, Hamilton No. C-130241, 2013 WL 6988396 (Dec. 24, 2013).
- Defended client against defamation and false advertising claims in federal court and negotiated successful resolution.
- Prebroadcast review of news scripts for TV stations throughout the country.
- Prepublication review of documentary films and non-fiction books.
- Assisted in obtaining summary judgment dismissal of defamation claims against TV station; affirmed on appeal. Fuchs v. Scripps Howard Broadcasting Co. dba WCPO-TV Channel 9, et al., 2006-Ohio-5349 (Hamilton App. Ct.).
- Assisted in obtaining summary judgment dismissal of negligent advertising claim against broadcaster; affirmed on appeal. Amann v. Clear Channel Communications, Inc., 165 Ohio App.3d 291 (2006).
Highlights & Recognitions
- The Best Lawyers in America©, 2012-2017
- Cincy Leading Lawyers, 2013
- Selected for inclusion in Ohio Super Lawyers Rising Stars®, 2007
Memberships & Affiliations
- American Bar Association, Forum on Communications Law, Member; Women in Communications Law, Co-Chair, 2015-present; Central Division Chair, 2009-2012; Governing Board Member, 2012-2015; Training & Development Committee, Former Vice Chair
- Ohio State Bar Association, Media Law Committee
- Kentucky Broadcasters Association, General Counsel and Associate Member
- Ohio Coalition for Open Government, Board Member
- Media Law Resource Center, Defense Counsel Section, Member
- Attention Website Operators and Online Service Providers: It’s Time to Refile Your Designated Agent Information with the U.S. Copyright Office
- Twittering, Blogging OK in Court?
- Media Law Advisory
- Ohio Judge Ordered to Conduct Hearing Before Restricting Cameras in Juvenile Proceedings
- Former Knicks Player’s Libel Lawsuit Dismissed
- Media Law Advisory
- ALP: What roles do the U.S. Food and Drug Administration and the Federal Trade Commission play in regulating my company’s advertisements?
- Media Law Advisory
- Media Law Advisory
- The E.W. Scripps Company Wins I-Team defamation case in Cincinnati
- Media Law Advisory
- Justice System Deals Blow to Fourth Estate
- Judge puts Ray Tensing's retrial on hold over media access
- 2016 Law and Media Conference draws lawyers, judges, journalists and academics
- Law & Media Conference draws Ohio Lawyers, Judges, Journalists, Academics
- Could posting pictures online by third parties become prohibited?
- ONA committee appointments made for 2013-14
- It's the Public's Business
- WDRB Selects Frost Brown Todd as Legal Counsel
- 168 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2017
- 175 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2016
- 175 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2015
- 172 Frost Brown Todd Attorneys Recognized in 2014 Best Lawyers®
- Nine Frost Brown Todd Attorneys Recognized as Leading Lawyers in Cincinnati
- New Members Named to Frost Brown Todd
- 167 Frost Brown Todd Attorneys Recognized in 2013 Best Lawyers®
- 150 Frost Brown Todd Attorneys Recognized in Best Lawyers® 2012 Edition
Civic & Charitable Organizations
- Kids Voting Northern Kentucky, Board Member, 2003-present
- Society of Professional Journalists, Cincinnati Chapter, Board Member, 2004-present
- Leadership Northern Kentucky, Member, 2007 Class, Steering Committee, 2008 Class; Media Day Committee, Member 2009
- Northern Kentucky Volunteer Lawyers, Board Member, 2006-2010
- Kentucky Press Association, Associate Division, Former Chair; Associate Member 2004 - present
- Reporters Committee for Freedom of the Press, Member
Non-FBT Publications and Events
Moderator and Speaker: "Media Law 101," Ohio State Bar Association Law and Media Conference, October 2012
Presenter: "Social Media: The Safe Way," Society of Professional Journalists National Convention, October 2010
Presenter: Kentucky Legal and Regulatory Issues - "What You Should Know about Kentucky Laws, Regulations and Legislation," - Kentucky Broadcasters Association Annual Managers Conference, October 2010
Presenter: Webinar on "Fundamentals of Intellectual Property Law," HospitalityLawyer.com, May 2010
Panelist: Cincinnati Society of Professional Journalists, April 2010
Presenter: "Legal Updates Seminar on Freedom of Information; Online Copyright, Fair Use & User-Generated Content; Courtroom Access" - Louisville Society of Professional Journalists, March 2010
Presenter: "Protecting Online Content," Cincinnati/Northern Kentucky PHP Users' Group, November 2009
Panelist: Ohio State Bar Association Annual Law & Media Conference, October 2009
Panelist: "Not Rushing to Print," National Society of Professional Journalists Convention - Indianapolis, July 2009
Presenter: "Advertising 101" FBT Annual Ad Law external CLE Program - Lawyers, Ads & Money, July 2009
Panelist: "Social Media 101," Cincinnati Society of Professional Journalists, June 2009
Panelist: Ohio State Bar Association Law & Media Conference, May 2009
Panelist: Ohio State Bar Association Annual Law & Media Conference, October 2008
Speaker/Presenter: "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 2006
Speaker: 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.
Twittering, Blogging OK in Court?, CBA Report, April 2010
To Tweet or Not to Tweet?, Communications Lawyer, April 2010
Federal Courts Disagree Over CDA Immunity for Right of Publicity Claims, Various, February 2009
Law Your Can Use, Daily Sentinel, March 2007
Reporter's Privilege Allows Journalists to Keep Sources Confidential, Various, March 2007
FDA & FTC Roles In Advertising, Cincinnati Business Courier, February 2007
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
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