Melissa A. Kern
Melissa is part of Frost Brown Todd’s Intellectual Property and Data Privacy & Information Security practice groups. She counsels clients in the areas of copyright law, licensing, privacy, information security, information technology (including SaaS), publishing, electronic contracting, and Internet law. A large portion of her work is focused on drafting and negotiating intellectual property and information technology agreements. In addition to counseling clients on U.S. privacy laws and best practices, Melissa advises U.S. companies caught up in the EU’s General Data Protection Regulation (GDPR) and ePrivacy Directive on how to meet their compliance obligations. Melissa has achieved the Certified Information Privacy Professional (CIPP-US) credential through the International Association or Privacy Professionals.
Highlights & Recognitions
- Certified Information Privacy Professional/United States (CIPP/US), International Association of Privacy Professionals, 2015
Memberships & Affiliations
- American Bar Association
Recent Blog Posts
- Ohio Enacts Law Acknowledging Blockchain Transactions and Granting Safe Harbor Protections to Eligible Businesses from Data Breach Claims
- Does the New California Privacy Law Apply to Your Business?
- European Parliament Threatens Suspension of Privacy Shield
- Supreme Court to Resolve Copyright Infringement Circuit Split
- Carpenter v. U.S.
- California Passes Comprehensive Online Privacy Legislation
- Twitter Infringement
- Attention Website Operators and Online Service Providers:
- To Disclose or Not: Search Warrants for Data Stored Overseas
- In Fashion this Season (and also Eligible for Copyright Protection): Graphical Elements of Clothing Designs
- Attention Website Operators and Online Service Providers: It’s Time to Refile Your Designated Agent Information with the U.S. Copyright Office
- Second Circuit Says Federal Warrant Cannot Be Used to Obtain Customer Data Stored Overseas in Cloud
- Post Safe Harbor - What's Next?
- U.S. Department of Education Provides Guidance on Protecting Student Privacy While Using Apps and Online Educational Services
- Supreme Court Rules Aereo’s Streaming Television Service Violates Copyright Law
- Supreme Court Rules Laches No Bar to Monetary Damages for Copyright Infringement Claim
- The Copyright Act's Registration Requirement No Longer "Jurisdictional"
- Radio Stations Expected to Pay to Play Music
- Court Says That Copyright Owners Must Consider Fair Use Prior To Sending Infringement Notice Under The Digital Millennium Copyright Act
Non-FBT Publications and Events
Article: Melissa Kern, Privacy Concerns: Federal laws govern how student data must be protected, American School Board Journal, June 2018 (Article in PDF format can be accessed here.)
Article: Melissa Kern, Student Privacy Online: How to Assess and Manage the Risks of Online Educational Services, American School Board Journal, June 2016, at 62.
Seminar Speaker: OSBA Cyberlaw 2016: Technology and the Law Seminar, Ohio School Board Association, March 18, 2016
Seminar Speaker: Cloud Computing: You're already using it, learn how to maximize it, Goering Center for Family and Private Business, September 6, 2012
Seminar Speaker: Ohio Advertising Law Seminar, Lorman Educational Services, December 9, 2004
Presenter: Intellectual Property Considerations in Advertising, Lexington Advertising Club, March 9, 2005
Note: "Paradigm Shifts and Access Controls: An Economic Analysis of the Anticircumvention Provisions of the Digital Millennium Copyright Act," 35 U. Mich. J. L. Ref. 891 (2002)