Kern, Melissa S, ATY

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(513) 651-6800

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Mon - Fri:	9:00 am - 5:00 pm

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Phone: (513) 651-6800

Address: 301 E 4th St, Cincinnati, OH 45202

Kern, Melissa S, ATY

Family Law

Adoption

Criminal Law

Criminal Defense
Our attorneys have extensive experience in both civil antitrust litigation and antitrust criminal defense. This experience extends to enforcement actions and proceedings before the Federal Trade Commission, the Department of Justice and other state and federal administrative agencies.Â Our litigation and criminal defense representation captures the entire spectrum of antitrust and competition law claims including those involving price discrimination (and Robinson-Patman Act issues), price-fixing, territorial and market allocation, boycotts and refusals-to-deal, exclusive dealing, tying arrangements, resale price maintenance (and other vertical restraints), attempted and actual monopolization, dealer and franchise terminations, intellectual property antitrust claims, antitrust class actions and unfair competition (including FTC Act claims).
Wrongful Death
Represented Rolls Royce (helicopter engine manufacturer) in a wrongful death case at trial court, Indiana Court of Appeals, and Indiana Supreme Court. Writing for the first time on the issue of
Fraud
We served as co-counsel in purported class action securities fraud litigation, representing the defendant company and several of its officers, in an action wherein the plaintiffs claimed that the defendants made repeated false and misleading guidance projections and engaged in false financial reporting throughout the class period, and also alleged insider trading by one of the officers. The federal district court granted defendantsâ€™ motion to dismiss and the plaintiffs later voluntarily dismissed their appeal.
White Collar Crimes
Shoplifting
Neff v. Wal-Mart Stores E., LP, 113 N.E.3d 666 (Ind. Ct. App. 2018). Successfully represented employer based upon immunity under the Shoplifting Detention Act. Read decision.Â

Business and Corporate Law

Corporate Law
We represent clients in litigation matters involving state and federal securities laws, shareholder and director fiduciary duty claims, close corporation disputes, broker-dealer claims, RICO claims and disputes concerning corporate transactions (e.g., mergers, asset purchase agreements and buy-sell agreements). Additionally, we counsel clients on corporate governance and compliance issues and also conduct or assist in corporate internal investigations.
Mergers and Acquisitions
Our attorneys provide advice and assistance in every necessary area of the law â€” from mergers and acquisitions to complex regulatory issues â€” helping our banking clients manage risks, execute strategic transactions and drive sustainable growth. We regularly counsel boards of directors on issues related to the financial modernization and bailout legislation at the federal level. Our lawyers share practical experience in purchases or divestitures of branches and related assets as well as developing strategic plans for growth and consolidation.
Business Formation
We have significant experience assisting consumable goods companies in various cross-border business transactions. We also help clients navigate customs, tariffs, import and export rules, new security regulations and trade agreements. Our global services include product distribution and licensing agreements; business formation and incentives; cross-border transactions and trade regulations; and international tax.
Business Disputes
Serving as both national and regional litigation counsel, we help clients navigate the difficult terrain of product liability claims and product recalls, distressed supplier workouts, contract disputes and other complex litigation. We also work with clients to safeguard and grow their market share by leveraging strategic relationships and protecting their material, real property and intellectual property assets.
Business Transactions
Additionally, we provide solution-minded counsel regarding labor and employment matters, environmental regulations, M&A and cross-border business transactions, tax incentives, government contracting and funding opportunities. Our insight into the regulatory overlay for industrial manufacturers (and their suppliers) helps clients maintain frictionless operations across a variety of markets.
Trade Secrets
Intellectual Property
Our attorneys represent dozens of hemp-related companies encompassing every element of the industry, from seed and farming to processing and final products. We have assisted agribusinesses and food and CBD sellers with federal and state regulations and through corporate transactions, litigation, intellectual property disputes, and FDA/USDA matters. Our hemp team has the legal knowledge, backed by relevant industry experience, to offer the right advice and solutions for your needs. To learn more about our hemp industry thought leadership, check out the latest insight below from our Hemp Legally Speaking Blog.
Unfair Competition
Antitrust
When faced with must-win antitrust litigation or in need of guidance on critical acquisition, sales, distribution and competition-related issues, businesses turn to us for purposeful, highly engaged representation. Our veteran antitrust counselors and litigators understand, in a comprehensive way, the finer points of competition and antitrust laws and the practical consequences of alternative business options. We focus, first and last, on helping clients achieve their business objectives within the bounds of antitrust and competition laws.

Employment Law

Employment Discrimination
Scovill v. WSYX/ABC, 425 F.3d 1012 (6th Cir. 2005) â€“ Obtained a reversal on an issue concerning enforceability of certain arbitration provisions. In this employment discrimination lawsuit, the Sixth Circuit accepted our clientâ€™s arguments and reversed the district courtâ€™s severance of certain aspects of an arbitration agreement while affirming the district courtâ€™s findings that the dispute was arbitrable and the arbitration clause lawful. Read decision.Â
Employment Contract
Routine work for us includes negotiating and drafting licenses for software sale, preparing employment agreements for software developers, negotiating agreements for research and development and preparing traditional IP licenses (e.g., rights to develop/use software covered by a patent). We also have notable depth with respect to open source software and the legal implications surrounding its development and use.
Severance Agreement

Property Law

Real Estate Litigation
When faced with complex real estate disputes, clients count on us to protect their investments and resolve matters quickly â€” yet in a manner that also allows them to preserve important business relationships. Our team knows the real estate industry and has the experience and foresight to help clients determine which litigation strategies are apt to result in a fair and favorable outcome.
Construction Litigation
Focusing primarily on large-scale multifamily housing acquisition and development, our multifamily team helps clients evaluate risk, determine project eligibility, structure transactions and protect their investments. We negotiate construction agreements, loan agreements and other transactional documents in a tactical, process-proficient manner. Equally instrumental, we counsel clients on navigating various compliance and permitting issues, environmental regulations and fair housing laws.
Eminent Domain
Jent v. Kentucky Utilities Co., 332 S.W.3d 102 (Ky. App. 2010). Represented utility clients in the Kentucky Court of Appeals and Franklin Circuit Court (the Kentucky state capitol), successfully defeating property ownersâ€™ challenge to the companiesâ€™ authority to acquire property by eminent domain to complete construction of a transmission line necessary to implement a newly constructed generating plant in a project valued at $1B. Read decision.Â
Easement
Land Use and Zoning
Lead counsel on an anaerobic digester project that was to process 100 million gallons of distillery stillage into renewable natural gas, including interconnecting with the gas utility, managing local planning and zoning process, engaging community partners, and procuring a $2.1 million incentive under KYâ€™s Incentives for Energy Independence Act.
Property Damage
Union Circuit Court, Morganfield, Kentucky â€“ Our trial lawyers obtained a defense verdict in favor of an electrical utility company and tree trimming company on property damage claims related to a tree fall accident.

Health Law

Personal Injury
Jefferson Circuit Court, Louisville, Kentucky â€“ Our trial lawyers obtained a defense verdict in favor of an electrical utility company in a motorcycle lawsuit seeking $4.5 million in personal injury damages.
Disability Discrimination
We represented the defendant company and majority shareholders in an action brought by a minority shareholder whose employment was terminated by the company. The plaintiff alleged claims of disability discrimination, breaches of fiduciary duty and breach of contract. The defendants counterclaimed, seeking an order requiring the plaintiff to tender his shares to the company pursuant to a buy-sell agreement. Â We prevailed on summary judgment, obtaining dismissal of the plaintiffâ€™s claims and an order requiring plaintiff to tender his shares to the company.

Trusts and Estates

Estate Planning
We represent developers, owners, creditors, commercial landlords, tenants and title insurance companies in a wide array of real estate litigation matters, including past experience handling eight-figure commercial foreclosure actions and defending lien priority contests and boundary disputes. We also represent parties in zoning appeals, title insurance claim and coverage matters and restrictive covenant litigation.
Probate

Finance Law

Bankruptcy
Advising clients in bankruptcy litigation such as stays against lien enforcement, setoffs, preferences, fraudulent conveyances, leveraged buyouts, equitable subordination, lender liability and assumption or rejection of leases and executory contracts.
Foreclosure
Advising asset-based lenders and real estate lenders on foreclosures, workouts and restructurings outside bankruptcy including structuring and implementing assets, swaps, asset sales and new, additional or restructured debt financing or investment.
Tax Law
Our consumable goods team counsels on commercial and contract matters, regulatory compliance (FDA, TTB, USDA, CPSC, and state agencies), intellectual property, marketing and advertising, international trade, supply and distribution needs, M&A transactions, and tax planning, incentives, and controversy. We help clients implement strategies to address customs issues, product recalls, and enforcement actions brought by the Consumer Products Safety Commission. We also structure and negotiate co-packing, toll manufacturing, distribution, vendor and supply chain agreements.

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