Latest News

Brandeis alum named to Frost Brown Todd’s intellectual property group in Nashville

Frost Brown Todd has named Attorney Douglas W. Schelling to its Nashville office and Intellectual Property Practice Group. Schelling joins approximately 50 other professionals on the IP team, and will focus his practice on counseling and representing clients in matters related to patents, trademarks, domain name disputes and trade secrets.

Frost Brown Todd’s IP group recently received recognition as one of the world’s top trademark practices in the 2015 edition of World Trademark Review 1000 and has also been named one of the top patent practices in the region by Chambers USA.

Schelling has an advanced technical background and degree. In addition to his law degree from the University of Louisville Louis D. Brandeis School of Law, he has a B.S. in biology and a Ph.D. in Cellular and Molecular Biology from the University of Kentucky. He leverages this technical background to assist clients across industries in evaluating the patentability of inventions, preparing and prosecuting patent applications, evaluating potential trade and service marks, enforcing trademark rights, preparing and prosecuting applications for trade and service marks nationally and abroad, and drafting and negotiating various intellectual property related agreements.

Frost Brown Todd IP attorneys focus on trademark work as well as patents, copyrights, trade secrets, licensing, interactive media, advertising, and first amendment and media. They counsel and represent clients in prosecution, litigation and portfolio management, assist with anti-counterfeiting measures in the U.S. and abroad, and work on cases involving ongoing enforcement efforts for world-famous brands.

Brandeis to host oral arguments with the Kentucky Court of Appeals

The Brandeis School of Law will host oral arguments with the Kentucky Court of Appeals on March 25 in the Allen Courtroom.

The day will feature honorable judges, Irv Maze, Allison Jones, Joy A. Kramer and Sara Walter Combs. 

It will begin at 9 a.m. with Phyllis Hundley v. David L. Wilson. The dispute is over whether or not a contract was ever created to settle a lawsuit following a death resulting from a motor vehicle accident.

At 9:45 a.m. will be Robert Allen Edmonds v. Commonwealth of Kentucky (criminal; matter of right to appeal from Circuit Court order summarily denying post-judgment RCr 11.42, CR 60.02 motion to vacate judgment).

At 10:30 a.m. will be Kentucky Spirit Health Plan Inc. v. Commonwealth of Kentucky, following an appeal from the grant of summary judgement for the Commonwealth on a contractual dispute regarding the state Medicare Plan.

At 1:15 p.m. will be Anthony Williams v. Commonwealth of Kentucky. On discretionary review, the issue was challenged: Was there prejudice in combining a preliminary hearing with a revocation hearing when two different standards of proof are involved? 

Finally, at 2 p.m. will be Russell H. Williams v. Seven Counties Services Inc. The civil case will examine whether the Circuit Court erred in granting summary judgment on Appellant's claims for Wrongful Termination and Defamation. 

Proposition 8 attorney to visit Brandeis School of Law prior to Kentucky Author Forum

University of Louisville Kentucky Author Forum will present David Boies, author of "Redeeming the Dream: The Case for Marriage Equality" on March 24 at The Kentucky Center.

David Boies is a distinguished American trial lawyer who has litigated some of the highest profile cases in recent history. Redeeming the Dream offers a dramatic and up-close account of his arguments, and ultimate triumph, in the landmark Supreme Court case which struck down Proposition 8, reinstating the freedom to marry for gays and lesbians in California.

Prior to his public event, Brandeis students will have the opportunity to observe a Q&A at the law school, moderated by Professor Sam Marcosson. It will take place at 1 p.m. in Room 275.

Also, from 12:15-4 p.m. that day, The Kentucky Center will host free screenings of the one-hour documentary "The Case Against 8," a behind-the-scenes look inside the historic case to overturn California’s ban on same-sex marriage. Seating is first come, first served.

The events open to the public include:

  • 5 p.m. - Carmichael's Book Sale - Wine & Cheese provided by Brown-Forman
  • 6 p.m. - David Boies will be interviewed by Jeffrey Toobin, prominent legal journalist, staff writer for The New Yorker, senior analyst for CNN
  • 7 p.m.- Q & A with the audience

Tickets for the evening forum are on sale now at the Kentucky Center Box Office or Drive-Through on Main Street, 502-584-7777/ www.kentuckycenter.org.

Because of the tremendous response to this event, Kentucky Author Forum has arranged for additional general seating in the North Lobby Theater at The Kentucky Center.  The interview will be shown in this location on a wide screen, with live audio feed from the Bomhard Theater, courtesy of KET.

The University of Louisville Kentucky Author Forum series is produced by Mary Moss Greenebaum, and is sponsored by the University of Louisville, Brown-Forman and The Humana Foundation. 

Photo courtesy of Wikimedia

Networking Opportunity

Looking for a way to connect and learn from some of Louisville's most prominent attorneys? Check out the fourth edition of Legal-Ease Series on March 26, 2015, 11:45am to 1:00pm.  At this lunch series, you will hear from attorneys who have excelled in the corporate world. The set-up gives young professionals a comfortable way to interact with our guests, who will share their best career and business development advice.  A buffet lunch will be provided with registration.  Seating is very limited, so REGISTER EARLY!  Confirmed Guests are: Jim Beckett - Chief Business Development Officer at Frost Brown Todd LLC; Cheryl Bruner - Director of Customer Services & Marketing at LG&E and KU Energy; Ekumene Lysonge - Vice President, Legal Affairs & Assistant Secretary at Churchill Downs Inc.; Cathy Tang - Chief Legal Officer at KFC Corporation; and Peter Wayne - Wealth Advisor at Stock Yards Bank & Trust Co. Please go to https://www.ypal.org/Events/Legal-Ease-Attorneys-in-Companies  to register!

Law school deans place friendly wager to kick off March Madness

The University of Louisville Men's Basketball Team will tipoff its NCAA tournament run Friday against the Anteaters of UC-Irvine. The Cardinals are a No. 4 seed, while UC-Irvine is a 13 seed.

To celebrate the matchup, Brandeis Dean Susan Duncan and UC-Irvine Law School Dean Erwin Chemerinsky have agreed to a friendly wager. If the Cards win, Dean Chemerinsky, a prominent constitutional law scholar, has agreed to give a speech at Brandeis (and to supply a bottle of California wine).

If the Anteaters pull off the upset, Dean Duncan will be speaking in Irvine and ponying up a bottle of Kentucky Bourbon.

May the best team win (Go Cards!)

Fall 2015 Course Schedule and Course Notes

The tentative course schedule and course notes for fall 2015 are posted on the Law School webpage at the Academics link under "class schedules." Updated schedules will be posted so please consult the webpage for the latest schedule. Contact Dean Nowka after spring break if you have any questions.

Five prominent Louisvillians tapped as panelists for the Brandeis Medal program

The Brandeis School of Law’s Brandeis Medal presentation and dinner is set for April 8 at the Seelbach Hotel. NYU Law School Professor Arthur R. Miller is this year’s recipient.

Professor Miller is a leading scholar in the field of civil procedure and has authored more than 40 books and articles, including “The Assault on Privacy: Computers, Data Banks, and Dossiers,” warning of the threat to privacy posed by information technology.

In addition to the presentation of the Brandeis Medal, this year’s event will also include a Fred Friendly-style policy debate on current issues of privacy. The debate will include five panelists, all well-known in the Louisville community, who will be presented with a hypothetical that encourages them (through Professor Miller’s probing) to wrestle with these issues. The panelists represent a wide spectrum of perspectives and experiences and include:

Betty Baye: Known for her op-ed pieces in the Courier-Journal covering race, politics and social justice. Baye recently served as an adjunct lecturer at Bellarmine University. She has also served as chairperson of UofL's Dr. Joseph McMillan National Conference on the Black Family in America. She graduated with honors from Hunter College and received her master’s degree from Columbia University School of Journalism, where she was taught by Fred Friendly.

Hon. Denise Clayton: The first black woman to serve on the Kentucky Court of Appeals, where she continues to serve. She previously worked as an attorney with the IRS, as director of student legal services at the University of Louisville, and as associate director of the Legal Aid Society. She graduated cum laude from Defiance College and received her law degree from the Brandeis School of Law.

Greg Haynes: Recognized in 2013 as one of the “Top 10 lawyers in Kentucky.” At Wyatt Tarrant & Combs, he focuses his practice in commercial and business litigation. A graduate of Davidson College and the University of Kentucky College of Law, his legal career began in the U.S. Department of Justice and later as an Assistant U.S. Attorney (1971-74) in the Eastern District of Virginia. Haynes served as President of the Louisville Bar Association in 2011.

David Jones Jr.: Serves as President of the Board of Jefferson County Public Schools. He also founded Chrysalis Ventures to provide venture capital to promising growth companies in the region. A graduate of Yale University (B.A. and J.D.), his commitment to public service led to his service on the JCPS Board beginning in 2012.

Bill Stone: The longtime President of the Louisville Plate Glass Company. A graduate of the University of Michigan, he is highly regarded for his broad range of community and national activities, including on the University of Louisville Board of Trustees, and now on the Board of Overseers. He twice led the Kentucky delegation to the White House Conference on Small Business.

Registration for the Brandeis Medal Presentation and Dinner can be done online by visiting http://louisville.edu/law/events.

More information about the event: 

April 8, 2015, 6:00pm – 10:00pm
Seelbach Hotel, 500 South 4th Street, Downtown Louisville
Sponsored by: Brandeis School of Law
Registration Cost: $60

Brandeis visiting professor suggests revoking tax-exempt status for racist fraternities

David J. Herzig, visiting professor at the University of Louisville Brandeis School of Law and professor of law at Valparaiso University, recently opined that fraternities and sororities that display racism should be revoked of their tax exemption.

His latest piece was published last week in Slate in response to the video that went viral showing members of the University of Oklahoma chapter of the Sigma Alpha Epsilon singing a racist chant.

According to Herzig and co-author Samuel D. Brunson, a law professor at Loyola University Chicago School of Law, universities and Greek organizations are only addressing these problems on an ad hoc basis, or whenever an incident is exposed.

"Unless universities, fraternities, and sororities address the problem head on, next pledge season we will likely be presented with another incident of this same kind of injustice,” they wrote. “By granting a tax-exemption to the fraternity, we, as a society, are subsidizing actions we purport to despise.”

Herzig and Brunson, both tax law professors, believe the tax law “may be able to help nudge these (Greek) organizations (which are granted tax-exempt status) to either integrate or clearly signal their discriminatory tendency.”

Read their entire article at Slate.com.

Professor Hall chosen to present at Conference on Governance of Emerging Technologies

Professor Tim Hall has been chosen to participate at the 3rd Annual Conference on Governance of Emerging Technologies: Law, Policy, and Ethics, to be held May 26-28 in Scottsdale, Arizona.

Hall's presentation will focus on the burgeoning market in health and fitness data trackers and their technical capabilities, which enable the collection, aggregation and mining of vast amounts of individual, identifiable health data.

Hall will discuss how the law is not keeping pace with this technological innovation. Because these data are being collected outside of a traditional physician/patient relationship, they are not governed by HIPAA privacy regulations.  As others have discussed, however, data collected outside of HIPAA-regulated relationships may significantly overlap data from regulated sources, creating serious risks of disclosure or discovery of sensitive personal health information.

He will also analyze the terms of the “Terms of Service” agreements offered to consumers by the manufacturers of wearable devices and mobile applications.

Hall's objective with this research is to gain an understanding of the role and potential limits of private contract law as a channel for regulation of personal health and fitness data; development of a set of “best practices” recommendations for contracts governing the relationship between device and app manufacturers and users; and/or recommendations for legislative or administrative action to replace or set limits on the scope of such private contracts.

Yosemite Reminder: Printing Issues

If you have installed Yosemite and are still experiencing printer issues please see Christie Ballenger in office 119. We have a script that is required to re-enable printing on Yosemite.