FEBRUARY NEWSLETTER The Dayton Business Journal's 2002 Book of Lists, which was released recently, ranks FG&I as the Dayton area's fourth largest law firm, the same position FG&I held in 2001. FG&I continues to be the region's largest business litigation practice. Recently the firm succeeded in disposing of an employment law action filed in Montgomery County Common Pleas Court against a corporate client of the firm by a management employee who asserted claims including wrongful discharge (the public policy exception to the employment at-will doctrine), promissory estoppel, and implied covenant of good faith and fair dealing. On a motion for judgment on the pleadings, the Court first disposed of the implied covenant of good faith and fair dealing, and claims for attorneys' fees and punitive damages. On the firm's subsequent summary judgment motion following discovery, the Court granted summary judgment on the public policy and promissory estoppel claims. FG&I handles the defense of a substantial amount of employment litigation as part of its docket of cases. Mary Wiseman recently presented an overview of intellectual property issues to a group of start-up businesses and their advisors at Dayton's Entrepreneur's Center. This presentation is the first in an ongoing series of presentations that Mary will lead, with the participation of other FG&I lawyers, at the Entrepreneur's Center. The next presentation, scheduled for March 19 from 7:30 a.m. until 9:00 a.m. at the Entrepreneur's Center, will address legal issues associated with employment agreements, nondisclosure agreements, noncompetition agreements, teaming agreements and leased employee issues. Dan Gentry of FG&I, given his litigation experience in this field, also will be presenting information on these topics with Mary. Mary's volunteer presentations at the Entrepreneur's Center are sponsored by the Center and the Dayton Area Chamber of Commerce Small Business Development Center. Mary is slated this spring to co-teach again, with Karen Cramer of the Reynolds and Reynolds Company, an introductory course on intellectual property for the legal assisting program at Sinclair Community College. Although law firm billing rates in Dayton are rising, they are low and reasonable compared to the rates charged by the nation's largest law firms, according to a recent story in the Dayton Business Journal. In the January 11, 2002 article, the DBJ discussed the effect of the current economic downturn on law firm wages and billing rates. Charlie Faruki was one of three managing partners at local law firms quoted in the article. Charlie noted that FG&I's operations, salaries and rates are influenced by operations at larger firms, as medium-sized firms like FG&I continue to compete successfully for top-notch attorney recruits.

SPECIAL BULLETIN -- FEBRUARY 13, 2002 The FG&I family is saddened to report the tragic death of Howard Vernon Gardner, III, who was killed in an early morning traffic accident on February 8, 2002 in Beavercreek, Ohio. Howard, 33, became an associate at the firm in August 2000, following his graduation from The Ohio State University College of Law. A member of the Ohio Bar and the Bar of the United States District Court for the Southern District of Ohio, Howard was active in the Carl D. Kessler Inn of Court, and was a member of the Dayton, Ohio State and American Bar Associations. Howard served a two-year mission to the Bilboa, Spain Mission for the Church of Jesus Christ of Latter Day Saints, and was a 1996 graduate of Brigham Young University in Provo, Utah, where he double-majored in Spanish Translation and History. Howard and his family were members of the Beavercreek, Ohio Ward of the Church of Jesus Christ of Latter Day Saints, where Howard served as Executive Secretary to the Bishop. Howard is survived by his wife of ten years, Jennifer Cheney Gardner and their two daughters, Braden (6) and Lacey (2). Following funeral services held February 12, 2002 in Beavercreek, Howard will be laid to rest in Spanish Fork, Utah. Ever upbeat and enthusiastic, Howard had many varied interests, all of which paled in comparison to his love for his wife and daughters. FG&I has worked to establish a scholarship fund for Braden and Lacey Gardner at Key Bank. For those wishing to contribute, contributions should be designated "Gardner Scholarship Fund" and sent to the attention of John K. Kendall, Faruki Gilliam & Ireland P.L.L., 500 Courthouse Plaza, S.W., 10 North Ludlow Sreet, Dayton, Ohio 45402.