FEBRUARY NEWSLETTER

As a part of FI&C's growing media and communications law practice, Bob Bartlett, Tom Kraemer, and Karl Neudorfer are defending a local television station WHIO-TV 7 ("WHIO") in an action claiming that WHIO made defamatory broadcasts about a local business. FI&C filed a motion for summary judgment on behalf of WHIO, arguing that the Plaintiffs - the operators of a group of adult entertainment venues - were "public figures" under defamation law doctrines. The Montgomery County Court of Common Pleas agreed with FI&C's argument and ruled that Plaintiffs are public figures and therefore will be required to show by clear and convincing evidence not only that WHIO made false statements in the broadcasts at issue, but also that it did so with actual knowledge of their falsity or with reckless disregard as to their accuracy.

The Public Utilities Commission of Ohio ("PUCO") recently approved a Stipulation negotiated by Jeff Sharkey. Jeff represented FI&C client The Dayton Power and Light Company ("DP&L") in a dispute before the PUCO regarding the amount that DP&L would charge to send bills on behalf of certain competitive generation suppliers that were seeking to supply electricity in DP&L's service territory. Three days into the hearing, most of the parties to the proceeding entered into a Stipulation. The Office of the Ohio Consumers' Counsel ("OCC"), however, opposed the Stipulation. After a hearing on the fairness of the Stipulation, the PUCO approved the Stipulation, over OCC's objections.

Tim Pepper, Ian Taronji, and Brian Wright are all 2004-2005 Dayton Bar Association Committee Chairs. Tim heads the DBA's Unauthorized Practice of Law Committee; Ian is Chair of the DBA's Diversity Committee; Brian heads the New Lawyers Committee.

John Fischer along with fellow FI&C associates Erin Stefanec and Chad Burton coached Dayton's Chaminade-Julienne Catholic High School Mock Trial Team to a first-place finish at the February 2005 mock trial district competition, where several of the Chaminade-Julienne students also won top oralist awards. The competition is designed to introduce high school students to the legal process. Students compete in the roles of attorneys and witnesses, preparing and prosecuting a trial before a three-judge panel. Erin, Chad and John will continue their work preparing the team as it advances to the state competition next month in Columbus.