Faruki Ireland &Cox, PLL is opening a Cincinnati office. More . . .

FI&C obtains another significant victory in the National Advertising Division of the Better Business Bureau.
The NAD is a self-regulatory mechanism that provides an alternative and cost-effective forum for the review of advertising. Attorneys at FI&C have considerable experience bringing challenges and defending advertising claims at the NAD, and have developed an excellent record of achieving important victories for FI&C's clients in this forum. In this matter, agreeing with several of the arguments raised by Jeff Ireland and Brian Wright, the NAD found that a competitor of FI&C's client used advertising that misled consumers about the health benefits of the competitor's product. The NAD required the competitor to modify several advertising claims and to discontinue others.

Jeff Ireland and Cori Stirling tried an employment discrimination case to an arbitrator from the American Arbitration Association's employment panel.
The four-day hearing was based on claimant's allegations of age and race discrimination based on federal and state statutes. The claims were asserted against a publicly-traded company. The individual hearing occurred after Jeff Ireland had successfully defeated the claimant's efforts to certify a class based on age and race.

Marty Foos, a partner with the firm, argued before the Ohio Supreme Court on December 16, 2009.
To see a video of the oral argument, please click here. The issues on appeal involved the legal parameters for the recovery of damages for emotional distress in nuisance cases. Marty took the position that damages for hurt emotions and feelings were not recoverable under a nuisance cause of action but were recoverable under the strict standards for the tort of negligent infliction of emotional distress. "The Justices all seemed highly interested in the issues since all of them asked questions at some point during the argument." Only about 12.5% of applications to the Supreme Court are accepted for review. "With so few cases being heard, it is a real honor to argue before the Court. Many attorneys practice their entire careers without having this experience." A final decision on the appeal is not expected until Spring 2010.

In December the Dayton Business Journal issued its 2009 Book of Lists.
FI&C is number 3 in Dayton-area law firms ranked by number of lawyers. More important than its size, the firm remains the largest all-litigation practice in this area, and the largest business-litigation practice in this area.

In December, Charlie Faruki once again joined District Judges Walter Rice and Thomas Rose, and Magistrate Judges Michael Merz and Sharon Ovington, to present the Dayton Bar Association's Annual Federal Practice Update, including a detailed analysis of recent federal civil procedure and practice developments.
The four federal judges and Charlie have been presenting an annual federal practice update for the DBA for a number of years.

Mark Sedor and Brian Wright spoke at a conference on technology and legal research in Cincinnati, Ohio.
Mark's and Brian's presentations focused on teaching legal professionals methods to efficiently and safely use the research and marketing capabilities of the internet. The December 7, 2009 conference was sponsored by the National Business Institute.

Brian Wright organized and taught a seminar on electronic discovery that was sponsored by the Civil Trial Practice Committee for the Dayton Bar Association.
The seminar, which was entitled "Electronic Discovery: Law and Practice," focused on teaching civil litigators methods for requesting, collecting, producing and using electronic evidence to comply with the Ohio and Federal Rules of Civil Procedure. Brian is the Chair of the Civil Trial Practice Committee, and several FI&C associates are active members.



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