FI&C News August 2010

Ron Raether and Jeff Cox helped lead a group of over 70 defendants in securing a favorable decision from the Fifth Circuit in a case involving access to data regulated by the Driver's Privacy Protection Act. Ron and Jeff relied on their experience in obtaining a favorable ruling in Russell v. Choicepoint Services, Inc., Nos. 03-1994, 03-2040 (E.D. La.), to play an instrumental role in developing the arguments and drafting appellees' brief.  Ron also played a critical role in the oral argument.  Relying extensively on the reasoning in Russell, the Fifth Circuit made two critical rulings to ensure that consumers and businesses have the freedom to collect and use public record information for legitimate personal and commercial benefit.  First, the Fifth Circuit found that the DPPA permits bulk obtainment of records in circumstances where the recipient has no immediate use for the all of the records received from the states.  Second, the Court found that companies engaged solely in the practice of gathering and reselling data to legitimate users were permitted recipients of DPPA-regulated data.  This decision resolves a long-standing dispute regarding the rights of access to certain public record information which may affect numerous putative class action pending across the U.S. [Link]

Charlie Faruki was selected as a Litigation Star in Ohio in the upcoming 4th edition of Benchmark Litigation, The Guide to America's Leading Litigation Firms and Attorneys. The research identified Charlie as one of the preeminent litigation practitioners in the country, with a leading litigation practice in Ohio.

Jeff Cox is coordinating a program entitled "Effective Management of Complex Corporate Litigation" for the American Corporate Counsel Association, Southwest Ohio Chapter.  The September 8, 2010 presentation in downtown Cincinnati will address an array of issues, tasks, questions and decision points regularly confronted by corporate counsel when managing corporate litigation and working with outside counsel to effectively and efficiently represent the company's interests.  Joining Jeff as presenters at the program are Charlie Faruki, Jeff Ireland and Ron Raether. A reception will follow at FI&C's Cincinnati office in the PNC Center.

Jeff Cox has been invited to serve on the Board of Advisors for Miami University's College of Arts & Sciences Pre-Law Program. Miami's Pre-Law Program is nationally-recognized for its programming and successful graduates.  Miami's mock trial program is a perpetual top tier program, ranked 3rd in the nation in 2010.  Jeff is one of approximately twenty trial lawyers and judges who are Miami alums, from across the United States, serving Miami in this leadership capacity.  FI&C associates Erin Rhinehart, Mark Sedor and Jade Smarda are all alums of Miami's Pre-Law Program.  Mark was a Mock Trial National Champion during his Miami undergraduate term.



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