Legal Work Highlights

Book People v. Wong, 91 F.4th 318 (5th Cir. 2024). Provided successful amici curiae support, contributing to the Fifth Circuit’s ruling that a state statute mandating ratings on library materials violated the First Amendment. Filed on behalf of the Freedom to Read Foundation and the American Association of School Librarians.

Little v. Llano County, 103 F.4^th 1140 (5^th Cir. July 3, 2024). Provided successful amici curiae support, contributing to the Fifth Circuit’s ruling that a county’s removal of certain books from library shelves violated the First Amendment. Filed on behalf of the Freedom to Read Foundation, Texas Library Association and American Library Association.

adidas AG v. The Ohio State University, TTAB Opposition No. Opp. No. 91244608 (March 23, 2024). Successfully obtained resolution and voluntary dismissal of opposition proceeding filed by adidas against The Ohio State University regarding OSU’s right to obtain trademark registrations for football uniforms that adidas claimed to be confusingly similar to its three-striped mark.

Ake Svanstedt, Julie Miller, Bret Swartz, Brian Brown and Doyle Bross, Ohio State Racing Commission Case Nos. 2021-45; 2021-46; 2021-52; 2021-53 and 2021-54 (January 20, 2024).  Successfully appealed orders disqualifying 5 different horses that won their respective races at the 2021 Little Brown Jug Race Meet in Delaware County, Ohio and obtained orders and rulings vacating the disqualifications and disbursing the purses due to the winning horse trainers.

WTOL Television, LLC v Cedar Fair, LP, 2023-Ohio-4593 (December 20, 2023). Obtained Ohio Supreme Court writ of mandamus on behalf of three television stations compelling Cedar Point Police Department (CPPD) to produce public records related to reports of sexual assaults in the Cedar Point staff dormitories. 

Sandmann v. Rolling Stone, LLC, et al., 78 F.4^th 319 (6^th Cir. 2023). Successful defense of Sixth Circuit appeal filed by former Covington Catholic High School student who alleged he was defamed by news coverage about his encounter with a Native American activist on the steps of the Lincoln Memorial.  The Sixth Circuit affirmed the summary judgment award dismissing the defamation claims on the grounds the challenged statements were constitutionally protected opinion.

Dordea v. Freleng, et al., 5th Dist. Stark No. 2022-CA-00128, 2023 WL 3151120, 2023-Ohio-1408 (April 27, 2023) (Obtained summary judgment dismissing defamation claims brought by a chief of police based upon statements made on a true-crime podcast about the crime-scene investigation of a murder that occurred in Alliance, Ohio).

Prospect Yacht Club, LLC v. Gray Media Group, Inc., et al., Case No. 22-CI-00427 (Oldham Cir. Ct., Ky., April 4, 2023). Obtained dismissal of defamation claims filed against a Louisville, Kentucky media outlet based upon a local news report that investigated the cause of death of a diver who was working under a barge on the Ohio River.

Don Blankenship v. Fox News Network, LLC, et al., 4th Cir. No. 22-1207, 60 F.4th 744, 2023-WL-2147304 (February 22, 2023). Successful defense of Fourth Circuit appeal filed by former Massey Coal CEO and candidate for U.S. Senate. The Fourth Circuit affirmed the trial court summary judgment award dismissing defamation claims brought against client, MSNBC.

Don Blankenship v. NBCUniversal, LLC, et al., 4th Cir. No. 22-1198, 60 F.4th 744, 2023-WL-2147304 (February 22, 2023). Successful defense of Fourth Circuit appeal filed by former Massey Coal CEO and candidate for U.S. Senate. The Fourth Circuit affirmed the trial court summary judgment award dismissing defamation claims brought against clients, CNBC and NBCUniversal.

Corso Ventures v. Paye, 10^th Dist. Franklin No. 21AP-510, 2023-Ohio-127 (January 17, 2023). Obtained summary judgment dismissal of defamation claims filed by restauranteur against satire news website, affirmed on appeal.

Doe, et al. v. Flores, et al., 661 S.W.3d 1 (Ky. App. September 23, 2022). Obtained dismissal of defamation claims filed against New York Times reporter and Mother Jones editor-in-chief, dismissing defamation claims.  The dismissal was affirmed on appeal.

Nicholas Sandmann v. Rolling Stone, LLC, E.D. Ky. Case No. 2:20CV27 (July 26, 2022). Obtained summary judgment in favor of Rolling Stone and Penske Media Corporation granting dismissal of defamation claims filed by a Covington Catholic High School student whose image went viral after his encounter with a Native American elder at the Lincoln Memorial.

Don Blankenship v. Fox News Network, LLC, et al., S.D. W. Va. Case No 2:19-cv-00236 (February 2, 2022). Obtained summary judgment in favor of MSNBC, granting dismissal of defamation claims filed by former Massey Coal CEO and candidate for U.S. Senate.

Don Blankenship v. NBCUniversal, LLC, et al., S.D. W. Va. Case No. 2:20-cv-00278 (February 2, 2022). Obtained summary judgment in favor of NBCUniversal and CNBC, granting dismissal of defamation claims filed by former Massey Coal CEO and candidate for U.S. Senate.

Smoky War Dog, LLC v. Hachette Book Group, Inc. (January 14, 2022). Successful defense and settlement of copyright infringement litigation claims filed against critically acclaimed author.

State of Ohio v. Steffan Evan Baldwin (November 17, 2021). Successfully obtained court order obtaining right to access and film criminal court proceedings on behalf of documentary film production company.

The Ohio State University v. Redbubble, Inc., 989 F.3d 435 (6th Cir. 2022). Successful appeal establishing that on-line print-on-demand companies can be held directly liable for trademark infringement when they exercise a degree of control over the delivery of infringing goods to consumers.

Na’Marr M. Ramey v. Symere Woods, et al. (June 8, 2021), U.S. Dist. Ct., S.D. Ohio Case No. 3:21-cv-00045. Obtained dismissal of intellectual property claims filed by musician against musical licensing collective, Canadian Musical Reproduction Rights Agency.

Cornell v. Fox News Network, et al., U.S. Dist. Ct., S.D. of Ohio Case No. 1:19-cv-00698. Obtained dismissal of local and national media clients defending defamation claims filed by a Plaintiff who was in prison for terrorism related charges.

Chris Vo v. Rick Gorski, et al., Cuyahoga County, Ohio, Court of Common Pleas Case No. CV-20-929135. Obtained dismissal of defamation claims filed against multinational commercial television network and local television station in Cleveland, Ohio.

Motz v. Sinclair Broadcast Group, Warren County, Ohio, Court of Common Pleas Case No. 20-CV-93281. Obtained dismissal of libel claims filed against a local news organization located in Cincinnati, Ohio.

American City Business Journals, Inc. v. Parshall, Case No. 2:17-cv-00596, 2018 WL 4599843 (S.D. Ohio Sept. 25, 2018).  Obtained order granting dismissal of trademark infringement counterclaims against newspaper.

Baker v. Northwest Hauling, Court of Appeals of Ohio, Sixth District, Wood County. June 30, 2003, WL 21489619 WD-02-050.  Successful defense of employer establishing Ohio law regarding an employer’s right to revoke a job offer.

Bolero Co. Ltd. v. Bruetta, LLC, Trademark Trial and Appeal Board Opposition Proceeding No. 91243315 (November 2019). Successfully obtained resolution and voluntary dismissal of opposition proceeding filed against client trademark application.

Bruetta, LLC v. Bolero Co. Ltd, United States District Court, Southern District of Ohio, Case No. 1:18-CV-00667. Successful resolution of trademark infringement lawsuit.

Carradine Chiropractic Center, Inc. v. Posture Pro, Inc. U.S. Southern District, Eastern Division Case No. 15-CV-02378-BYP. Successful defense of class action alleging violations of TCPA claims.

Daily Services, LLC v. Nifco America Corporation, Franklin County, Ohio, Common Pleas Case Number 19CV-03-2365.Voluntary dismissal of complex staffing contract litigation.

Elkins v. Scripps Media, Inc., Cuyahoga County, Ohio, Common Pleas Case No. 889733 (Dec. 13, 2018).  Obtained dismissal of defamation and false light claims brought by elected members of a village council against TV station.

Huntington National Bank v. Gahanna Creekside Investments, LLC, Franklin County, Ohio, Common Pleas Case No. 11-CV-2320. Successful prosecution of $30 million judgment and receiver sale and defense of lender liability claims.

In re: Malik Richmond, Jefferson County, Ohio, Common Pleas, Case No. 2012 DL 138. Successfully represented CNN, ABC, CBS, NY Times, AP and Scripps in obtaining access to judicial proceedings in high profile rape case and opposing motion to close proceedings.

In re: T.J.L., Geauga County, Ohio, Common Pleas, Juvenile Division Case No 12-JD-102.  Successfully represented CNN on obtaining access to court records and proceedings in the T.J. Lane Chardon High School murder case.

Jai Guru LLC v. Columbus WTTE Inc., Franklin County, Ohio Common Pleas Case No. 12-CV-009634. Successful defense of media defamation claims.

John Hill v. The Ohio State University Marching Band, et al., United States District Court, Southern District of Ohio, Case No. 2:17-cv-00532-MHW-CMV. Obtained dismissal of copyright infringement claims filed against The Ohio State University related to the university band uniforms.

Kabban v. Meridell Achievement Center, Warren County, Ohio, Common Pleas Case No. 12-CV-83232. Obtained summary judgment of all claims in defense of defamation case.

Keainns v. Rawlings, Mayor, Jackson County, Ohio, Common Pleas Case No. 07CIV268. Obtained dismissal of all claims in defense of media client in defamation case.

Marathon Petroleum Company LP v. C&K Petroleum Products, Inc., Columbiana County, Ohio, Common Pleas Case No. 2014-CV-137. Obtained summary judgment in breach of contract case in the amount of $794,215.42.

Obama for America v. Jon Husted, U.S. District Court for the S.D. District of Ohio, E.D., Case No. 2:12-CV-636.  Defended fifteen military organizations representing almost one million members of the U.S. Army, Navy, Air Force and Marines.

O’Neal v. HSBC Auto Finance, Inc., U.S. Southern District, Eastern Division Case No. 2:15-CV-881. Obtained dismissal of class action lawsuit alleging violations of the Retail Installment Sales Act.

Spingola v. Sinclair Media, II., Inc., 2006-Ohio-6950, 2006 WL 3805680 (10th Dist. Ohio Ct. App. Dec. 28, 2006). Successful defense of television stations against defamation claims brought by preacher arrested at Pride Parade.

Sprint Solutions, Inc. v. Shoukry, U.S. Southern District of Ohio, Eastern Division, Case No. 2:14-CV-00127. Successful prosecution of unfair competition and civil conspiracy claims.

Sprint Solutions, Inc. v. Wireless Workshop, LLC, U.S. Southern District for Ohio, Western Division, Case No. 1:16-CV-00482-SJD. Successful prosecution of counterfeiting, unfair competition and trademark claims.

The Ohio State University v. Ohio State Tire, U.S. Southern District, E.D. Case No. 2:09-CV-01108-MHW-MRA. Successful prosecution of trademark infringement claims.

Truitt Brothers, Inc. v. Enviro Flow Companies, Ltd., Muskingum County of Common Pleas Case No. CH-2014-0174. Successful prosecution of breach of contract and breach of warranty claims.

Law School

The Ohio State University, Moritz College of Law, J.D., 2001

Undergraduate School

Denison University, B.A., 1995

Kevin is licensed to practice in the following state(s):

Ohio

Kevin is admitted to practice before the following court(s):

U.S. District Court for the Southern District of Ohio

U.S. Sixth Circuit Court of Appeals

Local & National Recognition

The Best Lawyers in America®, Advertising Law, 2025

Freedom to Read Foundation (FTRF) Roll of Honor Award, 2024. Presented for pro bono work making significant contributions to the First Amendment freedom to read.

World Trademark Review (WTR) 1000 (The World’s Leading Trademark Professionals), 2023
– Top Attorney in Ohio – Bronze Band

Frost Brown Todd CREW Award (Celebrating Results and Excellent Work), Rolling Stone Litigation, Fall 2023

Frost Brown Todd CREW Award (Celebrating Results and Excellent Work), Federal Trademark Registration of THE, The Ohio State University, July 2022

2019 AV® Preeminent™ Peer Review Rating, Martindale-Hubbell®, Awarded 2014-2019

Selected for inclusion in Ohio Super Lawyers®, 2018-2019

Selected for inclusion in Ohio Super Lawyers Rising Stars® 2007, 2009-2012

Professional Affiliations & Memberships

Ohio State Bar Association, Media Law Committee, former Chairman

Columbus Bar Association Judicial Screening Committee, Chairman

Columbus Bar Association, Common Pleas Committee

Media Law Resource Center, Employment Libel Committee, Member

Advertising Federation of Columbus, Member

Ohio Association of Broadcasters, Member

Ohio Newspaper Association, Associate Member

Civic & Charitable Organizations

Ohio Society for Prevention of Cruelty to Animals, Vice President, Board of Directors

American Red Cross of Greater Columbus, Board of Directors

Ohio Supreme Court Justice Evelyn Stratton’s Reelection Campaign, Host Committee

Kevin serves or has served in the following leadership role(s) at Frost Brown Todd:

Pro Bono Committee, Member

Kevin was invited to speak at the following events:

Media Law 101: Legal Wisdom for the Newsroom– Seminar presented to Columbus Business First newsroom providing an overview of defamation and copyright law for journalists, September 2019.

Social Media in the Newsroom– Seminar presented to Ohio State Bar Association Law and Media Conference, October 12, 2018.

The Internet of (Media) Things: Automated News from Your Coffeemaker– Seminar presented to the Ohio State Bar Association regarding legal issues related to media use of artificial intelligence, October 13, 2017.

Artificial Intelligence and the Business of Law– Seminar presented to Chief Justice Moyer Inn of Court, April 2017.

Social Media and Elections– Seminar presented to the Ohio State Bar Association Law & Media Conference, regarding legal issues related to the role of social media in elections, October 2016.

Judges Behaving Badly– Seminar presented to Chief Justice Moyer Inn of Court regarding judicial legal and ethical blunders and an overview of the Ohio Code of Judicial Conduct, April 2016.

Punching Out Scruff Face:  Jesse Ventura/American Sniper Libel Lessons– Seminar presented to Ohio State Bar Association pulling lessons learned from the American Sniper/Jesse Ventura libel lawsuit, October 16, 2015.

Data Privacy and the News:  Hackers, Leakers, Journalists and Spies– Seminar presented to the Ohio State Bar Association Law and Media Conference regarding legal issues related to the publication of news uncovered from leaks and information obtained by computer hacking and other surreptitious means, October 10, 2014.

When the Subject is Children and Crime– Seminar presented to the Ohio State Bar Association Law and Media Conference regarding legal issues related to publishing and investigating news when the subject is children and crime, October 2013

Free* Seminar:  How to Stay on the Right Side of the Law When Advertising Your Automobile Dealership– Seminar presented to Dayton AdClub, November 20, 2008

Talkin’ ‘Bout My(Space) Generation. Seminars presented at Ohio State Bar Association Annual Conference and Ohio State Bar Association Law and Media Conference, May 2008 and October 2008.

When an Asterisk Just Won’t Save You: Making Advertising Claims Without Fear: Speech presented Columbus AdFed, April 2, 2008.

Kevin is an author or contributor to the following publications:

“Ohio Employment Libel and Privacy Law, Media Law Resource Center (MLRC)” – Authored this annual MLRC Survey of federal libel and privacy law every year from 2007-2019.

“The Judicial Screening Committee Helps Voters Make Informed Choices,” Columbus Bar Association- Legal Connections – Article explaining the role and process the CBA Judicial Screening Committee undertakes for interviewing, screening and rating judicial candidates in Central Ohio, June 15, 2018.

“Self-Enforcing Smart Contracts Will Change Your Life” – Article published in Corporate Counsel, February 6, 2017.

“Let Me Introduce You to Three Robot Lawyers” – Article published to LinkedIn and Frost Brown Todd Website regarding the increasing use of artificial intelligence in the legal industry, May 4, 2017; https://www.linkedin.com/pulse/let-me-introduce-you-three-robot-lawyers-kevin-shook.

“Social media pitfalls for financial services: the latest legal guidance every bank should follow” – Article published in the Association of Corporate Counsel publication, Lexology, March 10, 2014.

“Social Media and the Law by Lisa Hooker,” Columbus C.E.O (quoted extensively on First Amendment issues), June 2010.

“Push Pull Drag It In:  Advertising Your Automobile Dealership Without Fear,” Article published in FBT @sk the Legal Pro (2009).

“State Sponsors of Terrorism: The Flatow Mistake, Ohio State Law Journal,” 61 Ohio St. L.J. 1301 (2000)