Melissa A. Kern
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
Recent Blog Posts
- California Consumer Privacy Act (CCPA) FAQ
- Does the California Consumer Privacy Act (CCPA) Apply to Your Business? A Flowchart
- California Consumer Privacy Act (CCPA) Checklist
- CNIL Fines Google Over GDPR Violations
- When All You Want for the Holiday's is the Latest IoT Device
- After News of Data Leak, Google Ramps Up Security and Sunsets Google+
- California Establishes New Cybersecurity Standards for IoT Devices
- Amendments to California’s Privacy Legislation Address, Among Other Things, “Personal Information” and Consumers’ Private Right of Action
- FBI Memo: Ed Tech Systems and K-12 Students Increasingly Vulnerable to Cyber Threats
- California Consumer Privacy Act: Applicability and Compliance for Employers
- Collecting Biometric Data: What You Need to Know
- States Limit Employer Access to Employee Social Media and Other Internet Accounts
- Supreme Court to Rule on Whether Sovereign Immunity Protects States from Copyright Infringement Claims
- Your California Consumer Privacy Act Checklist
- Nevada Passes Online Consumer Privacy Legislation
- The Latest on the California Consumer Privacy Act’s Amendments
- Data Privacy Detective Podcast Episode 36 - Five Hot U.S. Data Privacy Developments
- Supreme Court Ruling Impacts Copyright Infringement Claims
- How to Enhance School Security Without Violating Privacy
- What Does a “No Deal Brexit” Mean For Personal Data Transfers From the UK to the U.S.?
- Ohio Data Breach Safe Harbor Law Now Effective
- Adding an “S” to IoT: New California Law Requires IoT Security
- Amendments Draw Future Battle Lines Over Landmark California Privacy Legislation
- FBI Warns of Cyber Threats to K-12 Students and Unsecured Ed Tech Systems
- California Consumer Privacy Act and Employers: Part 2
- California Consumer Privacy Act and Employers: Part 1
- 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
- Blockchain beyond Bitcoin and Imported Privacy Rights, from California to the GDPR
- Frost Brown Todd's 6th Annual School Law Seminar - Cloud Computing for School Districts
- Frost Brown Todd Annual CLE
- Frost Brown Todd's Computer Confidence Series - Cloud Computing: Managing the Risk
- Frost Brown Todd's Computer Confidence Series - Software Licensing: Ownership of Customizations
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)