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Biography

Melissa Kern’s practice is focused on negotiating and drafting intellectual property agreements with an emphasis on privacy and information security, information technology, and copyright law.  Her substantive expertise includes advising clients on U.S. federal and state data privacy and information security laws and best practices; EU privacy laws; U.S. Copyright Act including Digital Millennium Copyright Act; and Federal and state electronic signature laws. Melissa co-leads Frost Brown Todd’s California Consumer Privacy Act and General Data Protection Regulation client initiatives.  Melissa is a Certified Information Privacy Profession (CIPP/US).

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Other Info About Melissa

Work History

Prior Work History

During the 2005-2006 school year, Melissa was a Visiting Assistant Professor of Law at the University of Cincinnati College of Law where she taught contract law, copyright law and electronic commerce law.

Prior to joining Frost Brown Todd, Melissa worked at Ernst & Young LLP in Chicago, Illinois, as part of its information technology consulting group.

Experience

Legal Work Highlights

Counsels on privacy compliance and best practices. Leads the firm’s CCPA and GDPR client-initiatives including counseling on and assisting with vendor management. Drafts privacy notices and trains client-employees on privacy laws.

Drafts and negotiates complex agreements including software as a service (SaaS) agreements, content license agreements, non-disclosure agreements, trademark license agreements, and data protection agreements and addendums.

Files and prosecutes copyright registration applications with the U.S Copyright Office. Performs pre-litigation enforcement and defense of copyright infringement claims. Drafts and negotiates settlement agreements and supporting litigation.

Education

Law School

University of Michigan Law School, J.D., 2001, magna cum laude
Order of the Coif

Undergraduate School

Miami University, B.S., 1992, cum laude

Bar Membership

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

Ohio, 2001

Wisconsin, 2008 (inactive)

Courts

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

U.S. District Court for the Southern District of Ohio, 2002

Certifications

Professional Certifications

Certified Information Privacy Professional/United States (CIPP/US), International Association of Privacy Professionals, 2015

Recognition

Local & National Recognition

The Best Lawyers in America©, Copyright Law 2021

Professional Affiliations

Professional Affiliations & Memberships

Cincinnati Intellectual Property Association (CincyIP) conference on Emerging Technology Issues (May 16, 2019), Co-Chair

Member, International Association of Privacy Professionals

American Bar Association, Member

Ohio State Bar Association, Member

Cincinnati Bar Association, Member

Copyright Society of the USA, Member

University of Dayton Law School’s annual Significant Developments in Computer and Cyberspace Law (2008 – 2014), Steering Committee Member

Major Publications

Melissa is the author of the following publications:

Privacy Concerns: Federal Laws Govern How Student Data Must Be Protected
American School Board Journal (June 2018) 

Student Privacy Online: How to Assess and Manage the Risks of Online Educational Services
American School Board Journal (June 2016)

Presentations

Melissa was invited to speak at the following events:

Cybersecurity Preparation and Response: An Update from the Trenches
Cincy Intellectual Property Law Association (CincyIP), CincyBright Conference (May 2019)

Recent Developments in Copyright Law
Dayton Intellectual Law Property Association, CincyIP (February 2019)

Data Ethics and Obligations: Your Footprint and Third Party Data
Cincinnati Business Leaders Alliance (November 2018)

Hot Topics in Copyright Law
Ohio State Bar Association: Law & Media Conference (October 2018)

Imported Privacy Rights: From California to the GDPR
DAMA International (October 2018) 
 

Update on Regulation CC and Remote Data Capture Technology
Bankers and Bagels Breakfast Series (May 2018)

Recent Developments in Copyright Law
CincyIP (February 2018)

Hot Topics in Copyright Law
Ohio State Bar Association: Law & Media Conference (October 2017)

Protecting Student Data Privacy in the Ed Tech Era
Regional School Superintendents’ Meeting (October 2017)
 

Protecting Student Data Privacy in the Ed Tech Era
Ohio School Board Association (October 2017)

Technology and the Law
OSBA Cyberlaw 2016 (March 2016)