Melissa A. Kern

Cincinnati
T 513.651.6898
F 513.651.6981
301 East Fourth Street
Great American Tower, Suite 3300
Cincinnati, Ohio 45202

Melissa is Co-chair of Frost Brown Todd's privacy and data security team and a member of the Firm's Intellectual Property Group. Her practice is focused on negotiating and drafting intellectual property agreements with an emphasis on copyright law, information technology, privacy and information security. 

Her substantive expertise includes the following:

  • Federal and state data privacy and information security laws and best practices including California Consumer Privacy Protection Act (CCPA), state data breach notification laws, state document destruction laws, state biometric information laws
  • EU privacy laws including the General Data Protection Regulation (GDPR) and ePrivacy directive
  • U.S. Copyright Act including Digital Millennium Copyright Act
  • Federal and state electronic signature laws 

 
Melissa's experience includes:

  • Counseling on privacy compliance and best practices. Leading the firm’s CCPA and GDPR client-initiatives including counseling on and assisting with vendor management. Drafting privacy notices and training client-employees on privacy laws.
  • Drafting and negotiating complex agreements including software as a service (SaaS) agreements, content license agreements, non-disclosure agreements, trademark license agreements, and data protection agreements and addendums.
  • Filing and prosecuting copyright registration applications with the U.S. Copyright Office. Performing pre-litigation enforcement and defense of copyright infringement claims. Drafting and negotiating settlement agreements and supporting litigation.

Melissa is particularly interested in the intersection of information technology, privacy and education. Her clients include both educational institutions as well as educational service providers. She has advised her education clients regarding adoption and use of online educational services, educational software licensing and services, and student privacy. 

During the 2005-2006 school year, Melissa was a Visiting Assistant Professor of Law at the University of Cincinnati College of Law where she taught contract law, copyright law and electronic commerce law.

Prior to joining Frost Brown Todd, Melissa worked at Ernst & Young LLP in Chicago, Illinois, as part of its information technology consulting group.

Highlights & Recognitions

  • Certified Information Privacy Professional/United States (CIPP/US), International Association of Privacy Professionals, 2015

Memberships & Affiliations

  • Cincinnati Intellectual Property Association (CincyIP) conference on Emerging Technology Issues (May 16, 2019), Co-Chair
  • Member, International Association of Privacy Professionals
  • American Bar Association, Member
  • Ohio State Bar Association, Member
  • Cincinnati Bar Association, Member
  • Copyright Society of the USA, Member
  • University of Dayton Law School’s annual Significant Developments in Computer and Cyberspace Law (2008 - 2014), Steering Committee Member

FBT Publications

Non-FBT Publications and Events

Panel Moderator and Conference Co-chair: Cybersecurity Preparation and Response: An Update from the Trenches, Cincy Intellectual Property Law Association’s CincyBright conference, May 16, 2019

Seminar Speaker: Recent Developments in Copyright Law, Dayton Intellectual Law Property Association (Feb. 8, 2019), Cincy Intellectual Property Law Association (CincyIP), Feb. 12, 2019

Seminar Speaker: Data Ethics and Obligations: Your Data Footprint and Third-Party Data, Cincinnati Business Leaders Alliance, November 1, 2018

Seminar Speaker: Hot Topics in Copyright Law, Ohio State Bar Association: Law & Media Conference 2018, Oct. 12, 2018

Seminar Speaker: Imported Privacy Rights: From California to the GDPR, DAMA International, Oct. 1, 2018

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.)

Seminar Speaker: Update on Regulation CC and remote data capture technology, Bankers and Bagels Breakfast Series, May 17, 2018

Recent Developments in Copyright Law, CincyIP, February 13, 2018

Seminar Speaker: Hot Topics in Copyright Law, Ohio State Bar Association: Law & Media Conference 2017, Oct. 13, 2017

Seminar Speaker: Protecting Student Data Privacy in the Ed Tech Era, Regional School Superintendents’ Meeting, Warren County Career Center, Oct. 18, 2017

Seminar Speaker: Protecting Privacy and Security in the Ed Tech Era, Ohio School Board Association, 2017 Treasurers’ Clinics, Oct. 3 and 5, 2017

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)

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