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    Your inside connection to all of the latest happenings at Dow Lohnes PLLC

    ISSUE #04 JUNE 2013

    The Anniversary Edition!Dow Lohnes Turns 95!

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    CONTENTS

    2

    CONTENTSJUNE 201304 Cover Story

    Happy 95th Dow Lohnes!A Look Back at the Early Years of the Firm

    06 Feature Story An Anniversary We Wont be Celebrating:

    100 Years of Income Taxes

    07 Attorney Spotlight Matt Parrish

    12 Lets Go Crazy: Digital Millennium Copyright Act Turns 15!

    15 Client Spotlight Barbara Wall, Gannett Company, Inc.

    Vice President and Senior Associate Counsel

    16 The Comeback Kid:Lamont Peterson

    19 11th Annual Easy Ryder Cup Tournament

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    WELCOME

    magazine team

    While you may not have heard of philosopher George Santayana, you have most likely heard some variation of hisfamous saying, Those who do not remember the past are condemned to repeat it. For Dow Lohnes, a law rm

    that has now been in existence for nearly a century, we use the occasion of our 95th anniversary to look back atour history and early years. But unlike Santayana, we strive to repeat the past since so much of the history that ourfounding partners set forth exemplies the values that are still core to our rm.

    As our named partners Fayette Dow and Horace Lohnes did in the early 20th century, we endeavor to continueto evolve and grow with the industries in which we work. We seek to attract diverse and devoted attorneys andprofessionals who encourage a culture of excellence. And most importantly, we aim to nurture the relationshipsand strengthen the service we provide to the tremendous set of clients who we are so fortunate to serve. Forwithout them, none of these last 95 years would have been possible.

    Magazine Team

    EDITOR: Erin Dwyer

    e: [email protected]

    HEAD OF DESIGN: Nikki Cipolla

    e: [email protected]

    ContributorsAlida Barletta

    Joan Hendricks

    Kristin Leavy

    Ji PrichardJennifer Sugiyama

    Andrea Williams

    David Wittenstein

    @dowlohnes

    While some of the articles in this magazine contain general legal information, they are not intended as legal advice. Readers should notact on this information without rst seeking professional legal counsel addressing the relevant facts and circumstances.

    LETTER FROM THE

    EDITOR

    3

    Contact us:Do you have questions, feedback or story ideas?

    If so, Connectwith us at:[email protected]

    mailto:edwyer%40dowlohnes.com?subject=DL%20Connect%20-%20Issue%234mailto:%20ncipolla%40dowlohnes.com?subject=DL%20Connect%20-%20Issue%20%234http://twitter.com/dowlohnesmailto:connect%40dowlohnes.com?subject=DL%20Connect%20-%20Issue%20%232mailto:connect%40dowlohnes.com?subject=DL%20Connect%20-%20Issue%20%232http://twitter.com/dowlohnesmailto:%20ncipolla%40dowlohnes.com?subject=DL%20Connect%20-%20Issue%20%234mailto:edwyer%40dowlohnes.com?subject=DL%20Connect%20-%20Issue%234
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    The year 1918 was lled with momentousevents both globally and domestically. World WarI -- at the time one of the bloodiest battles theworld had ever seen -- ocially came to an end inNovember. In the U.S., Congress authorized timezones and approved Daylight Savings. And while itwould be two more years before women ociallywere granted the right to vote, the rst stepstoward surage were taken with the U.S. House ofRepresentatives passing an amendment to allowwomen to vote. In Washington, DC, Sunday baseballwas made legal after district commissionersrescinded the ban in response to the large increasein the citys wartime population and the need formore recreational activities.

    And while the year saw residents of Washingtonenjoying Sunday baseball for the rst time, a particularWashingtonian, Fayette Dow, left the InterstateCommerce Commission2 to set up a private law

    practice. Mr. Dows original practice focused on the oilindustry. He was Washington counsel to the NationalPetroleum Association, co-founded and was namedcounsel of the American Petroleum Institute, andeventually took part in creating the Oil Code under theNational Recovery Act of 1933 after advising the U.S.government during World War I on oil and defensetransportation matters.

    As Dows practice grew, he attracted clientsoutside the oil industry, including fruit shippers,chemical transporters, and eventually, radiobroadcasters evolving from his oil clients use ofgeophysical radio stations for oil exploration.

    The rms rst radio matter was in 1923, thesame year that a young World War I veteran, HoraceLohnes, joined the rm. When a dispute arose over alicensing renewal for several of the geophysical radiostations, Lohnes successfully resolved the matter andone of the rst careers in communications law waslaunched. Four years later, Congress passed the Radio

    Act of 1927, creating the Federal Radio Commission.Lohnes was involved in its creation and his broadcastpractice on behalf of standard AM broadcast stationsourished.

    In 1934, the Communications Act of 1934was passed, creating the Federal CommunicationsCommission (FCC) and a whole new regulatory regimefor radio and broadcasters. Yet Horace Lohnes didnot recognize the opportunities this would create forhis practice. When he received a letter that very yearfrom a law student with a great interest in radio law,Fred Albertson -- who had seen a story on Lohnespractice in his fraternity newsletter -- Lohnes replied,I can appreciate your interest in radio law[but] theopportunities in this eld for a young lawyer, I believe, tobe extremely limited.

    Albertson persisted and eventually Lohnesrelented. He was hired in 1935 for a salary of $1000 forthe rst year and with the understanding he was to

    do his own typing and ling. Notably, Albertson wasthe ninth attorney to be hired by the rm. Three yearsearlier, Dow had hired his long time secretary, MaryCasey Mallon, as an associate attorney after she studiedlaw at night and earned a law degree in 1932. In a signof the times, she was shown on the letterhead as M.C.Mallon. In the same year Albertson was hired, a formerstatistician for the petroleum industry, Catherine F.Dolan -- aka C.F. Dolan, who also earned a law degree atnight -- was hired. Ms. Dolan and Mr. Albertson wouldeventually marry (at which point, she left the rm).

    Between 1935 and 1942, nine additionalattorneys joined the rm and the broadcast practice

    grew to boast an impressive list of clients includingMajor Edwin H. Armstrong (inventor of the FM radio),John Fetzer (who went on to purchase the DetroitTigers), singing cowboy, movie star, and tycoon GeneAutry, the Westinghouse Company, and many majornewspapers and radio stations.

    HAPPY 95th

    DOW LOHNES!A Look Back at the Early Years of the Firm1

    COVER STORY

    4

    1 With credit to and much of the information cited from, A History of Dow, Lohnes & Albertson (1918-1993) on Its 75thAnniversary, by Daniel Toohey.2 The Interstate Commerce Commission (ICC) was a regulatory agency with jurisdiction over railroads (and later trucking),tasked with ensuring fair rates, eliminating rate discrimination, and regulating other aspects of common carriers,including interstate bus lines and, eventually, telephone companies. The agency was abolished in 1995, and its remaining functions were

    transferred to the Surface Transportation Board.

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    The Way We Were: What Life Looked Like in 1918

    $.03-Costofarst-classpostagestamp

    $.08 - Price of a gallon of gas

    $.55 - Price of a gallon of milk

    $12.68 billion Federal spending

    10 hours, 5 minutes Flight time from Chicago to New York

    15Numberofstatesthatratiedthe18thamendmentin

    1918, establishing the prohibition of alcoholic beverages in

    the U.S.

    100 million Number of gramophone records sold

    worldwide

    25millionNumberofpeoplekilledintheinuenza

    pandemic of 1918 more than died in all the wars of the

    20th century combined. InNewYorkCity,therstthree-coloredtraclightisintroduced

    The Sedition Act of 1918 was passed by Congress, making

    disloyal, profane, scurrilous, or abusive speech about the

    U.S.government,itsagoritsarmedforcesanimprisonable

    oense.

    5

    COVER STORY

    While emailing or tweeting your member of Congress

    was not an option in 1918, sending postcards was. This

    early direct mail campaign urged Congress to pass the

    law enacting Daylight Savings Time. It worked!

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    Aside from the founding of a great lawrm, what else happened in 1918? The UnitedStates Bureau of Internal Revenue adopted thename Internal Revenue Service, to stress the

    service it provided to taxpayers. And while 2013is the 95th anniversary of the IRS, it also marks the100th anniversary of the ratication of the 16thamendment, the one that gave Congress powersto lay and collect taxes on incomes, from whateversource derived, without apportionment among theseveral States, and without regard to any census orenumeration.

    Although the federal government had previouslyimposed income taxes (most notably to fund the CivilWar during the 1860s), it was the rst time that thepower to levy taxes on a persons income became apermanent xture in the U.S. taxing system. Prior to

    1913, taris, customs duties, and excise taxes were themain sources of government revenue, unless temporarymeasures were in place to tax personal income.According to one source, taris and excise taxes madeup nearly 90 percent of all revenue collected between1868 and 1913. What set the course for the raticationof the 16th amendment was the recognition thatfunding a government primarily through ever-increasingtaris and excise taxes was simply bad economicpolicy. Making a bad policy worse was the fact that theobligation often fell disproportionately on the middleclass, shielding the more auent land and propertyowners from having to pay taxes on the incomegenerated from these assets. In the end, a federal tax onpersonal income settled the debate, albeit briey, on theneed for an alternative revenue source.

    By 1918, the notion of taxing a persons incomewas a mainstream idea. If you thought todays topmarginal tax rate was high, the top marginal rate onpersonal income in 1918 was at a whopping 77%, upfrom 7% in 1913. This increase (no doubt fueled by thecosts of WWI) resulted in the tax revenue surpassingthe billion dollar mark for the rst time to $3.6 billion in1918, representing about 25% of GDP, and paid by just5% of the population.

    But as my 95 year-old grandmother is knownto reminisce from time to time, things were simplerback then. The much maligned Form 1040 as we knowit today was a mere four pages long in 1918, and

    that included the instructions. Yet even then, manycomplained about the income tax forms being toocomplicated. The government must have anticipatedthis collective cry for simplicity, because when the rstling was due in 1914, no taxes were actually collected;taxpayers were required only to return a completedform for the eld agents to check for accuracy.

    Finally, for those of us who every year ndourselves wishing for just a little more time to completeour returns or to gather our shoe box full of workpapers, heres some perspective on the current lingdeadline of April 15. In 1913, Congress set the originaldeadline for Form 1040 at March 1. The deadline was

    changed to March 15 in 1918, and remained there until1954 when the date was moved to April 15. Although itsfar from clear, one possibility for twice delaying the lingdeadline was to address the serious stang shortageat the Internal Revenue Service. As tax revenues andthe number of people ling returns grew dramatically,its not surprising that the modest unit charged withhandling personal income taxes struggled to cope. By1918, the agency employed total sta of 9,600, and inthe following three years that number roughly doubled.Of course, the later deadline also gave the governmenta bit more time to hang on to the taxpayers moneybefore issuing refunds. So whatever the reason for April15, it could have been worse.

    About the Author:Ji Prichard has a broad range ofexperience in federal tax planning and transactionaltax matters, including taxable and tax-free acquisitions,dispositions, mergers and spin-os for large publiccorporations as well as closely held companies, andstructuring of partnerships and joint ventures.

    AN ANNIVERSARY WE WONT BE CELEBRATING:

    100 YEARS OF INCOME TAXESBY: Ji Prichard, Senior Counsel

    EMAIL: [email protected]

    6FEATURE STORY

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    ATTORNEY SPOTLIGHT

    Shortly after joining the Dow LohnesLitigation practice as an Associate in the Atlantaoce, Matt Parrish picked up his rst pro bono case.I hadnt done any pro bono work at my previousrm, but one of the rst cases I got at Dow Lohneswas for the Atlanta Volunteer Lawyers Foundation(AVLF).

    After Matt achieved a positive outcome for hisrst AVLF client, he was hooked. He beganvolunteering with the AVLF Saturday Lawyer program. Inthe three years since then, Matt has taken ve cases andgotten ve positive results for his clients.

    Its been a great opportunity to work on casesthat, while smaller than your average Dow Lohneslitigation matter in terms of dollars, can often mean agreat deal to the individuals youre representing, Matttells us.

    Recently Matt represented an elderly client, Ms.Jones (name has been changed), with signicant mentaland physical health issues whose stepson had takenadvantage of her by coaxing her into co-signing an auto

    loan for him. Even though she lacked the capacity tounderstand what she was signing, she agreed and, notunexpectedly, the truck he bought was bigger than shecould ever use, and the payments bigger than she couldever aord.

    The stepson defaulted on his payments, andsoon the bank was pursuing Ms. Jones for the fullbalance of the loan, which was three times her annualincome. Ms. Jones only signicant asset, the one thathad made her an attractive co-signer, was her house.

    When the bank led acollection action againsther, the prospect of losing the house in a forced salebecame a real possibility.

    Clearly Ms. Jones needed an attorney to defendthe lawsuit, and now that she understood the situation,it was also important to her to see that the debt wasresolved fairly. With limited resources, she needed acreative solution to do that.

    Thats when she met Matt through AVLF. Myrst move after taking her case was to sue the stepson(now estranged). He had gotten her into this situation,after all, and he would have to help her out of it.This lawsuit also had the positive eect of sparking aconversation among Ms. Jones adult children aboutworking out a plan to pay the debt.

    In the meantime, Matt made it clear to the bankthat the contract was unconscionable, procured underduress, and lacked a meeting of the minds. Reluctant toengage in protracted litigation on these issues, the bankbegan to negotiate a settlement with Matt and his client.

    Everyone loves a happy ending, and thats whatMatt was able to secure for his client. Matt crafted asolution that allowed Ms. Jones to keep her house andpay o the debt. All she needed was an advocate whowas willing to sit down with her, he says. Just someonewho would get to know her case, and help her out of abad situation. It was very rewarding to be able to do thatand know that she still has her home.

    ATTORNEY SP TLIGHT:

    MATT PARRISHAssociate

    EMAIL: [email protected]

    FIVE FAST FACTS Whats something else youve recently been successful at outside of the oce? Im running one of thosecrazy obstacle courses where you run through re, climb over walls, swim through ice water, etc. next month.Ill let you know how successful that is.

    Whats something youve not been so successful at? My fantasy football team had a pretty spectacular late-season collapse.

    So Fantasy Football is not your forte, but we heard that you correctly picked the March Madness winnerthis year! Yes, I did! I had Louisville winning it all, so I did well in my bracket this year.

    Sounds like youre hit or miss on sports pools, how have you done in Vegas? I have not been to Vegas. Theclosest I have come is spending a weekend playing blackjack at a casino in Gulfport, Mississippi. Which is to saynot close.

    Give me another fun fact about yourself. In junior high school I was a member of a state championshipparliamentary procedure team. I knew a lot about Roberts Rules of Order for a fourteen-year-old.

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    8NEWSMAKERS

    The frms

    movers,

    shakers, and

    newsmakers!DOW LOHNES

    NEWSMAKERSQuotedMay 15, 2013

    Greg Ferenbach was quoted in The Chronicle of HigherEducation article, College in Georgia Sues for Right to PostBillboard in Tennessee.

    May 10, 2013

    David Long was quoted in the Bloombergarticle, PatentCourt Torn on Whether Software Deserve Patents.

    April 30, 2013Kristin Leavywas quoted in the LAW360 article, LawyersUrge Sweeping Overhaul of Copyright Law.

    April 26, 2013Matthew Rizzolowas quoted in the LAW360 article,Landmark Motorola FRAND Ruling May Serve asRoadmap.

    April 26, 2013Je Whitneyspoke with The Times-News about DowLohnes Sports & Entertainment client Aaron Mellette forthe article, Ready and Waiting: Elon Receiver Prepared forNFL Draft Call.

    April 16, 2013Adam Chasecommented in The Seattle Times article,Mariners Acquire Majority Stake in Regional Sports TVNetwork That Could Bring in Millions.

    April 16, 2013Adam Chasewas quoted in The Huntsville Times article,

    The SEC Channel through the Eyes of Sports MediaConsultants.

    April 12, 2013Matthew Rizzolo was quoted in LAW360s article, Apple,Asus Targeted in Wi-Fi Patent Blitz.

    April 9, 2013Jonathan Hartcommented in the Honolulu Civil Beatarticle, Who or What Is a Journalist These Days?

    April 2, 2013David Wittensteinwas quoted in the Upstart BusinessJournalarticle, Aereo Gets a Court-Ordered Boost or aLicense to Steal Depending on How You Look at It.

    March 26, 2013Michael Goldstein and Greg Ferenbachsarticle, Legaland Regulatory Aspects of MOOC Mania was published byUniversity Business Magazine.

    March 26, 2013David Longwas quoted in the Inside Counselarticle,Google Emerges from FTC Antitrust Probe LargelyUnscathed.

    March 25, 2013Michael Goldsteinwas interviewed for the LAW360article, 5 Tips for Making It Rain.

    March 22, 2013David Longcommented in The Wall Street Journalarticle,

    ITC Clears Microsofts Xbox in Patent Case.

    March 22, 2013Michael Goldsteinwas quoted in the Silicon ValleyBusiness Journalarticle, Delayed Graduation? Edu-techOers a Fix.

    March 21, 2013Bruce Wiederwas quoted in the LAW360 article, Fed.Circ. Could Take the Coin Flip Out of Patent Appeals.

    March 21, 2013Michael Hayswas quoted in the Inside Higher Edarticle,

    Now What? Gainful Employments Future Uncertain afterCourt Ruling.

    March 19, 2013Matthew Parrishsarticle, Win for Elderly Client FuelsAttorneys Pro Bono Commitment was published byAtlantas Daily Report.

    March 14, 2013Bruce Wieder and Matthew Rizzolosarticle, TheMarking Statute Should Cover All Patent Claims, waspublished in Law360.

    http://www.dowlohnes.com/college-in-georgia-sues-for-right-to-post-billboard-in-tennessee/http://www.dowlohnes.com/college-in-georgia-sues-for-right-to-post-billboard-in-tennessee/http://www.dowlohnes.com/patent-court-torn-on-whether-software-deserve-patents/http://www.dowlohnes.com/patent-court-torn-on-whether-software-deserve-patents/http://www.dowlohnes.com/lawyers-urge-sweeping-overhaul-of-copyright-law/http://www.dowlohnes.com/lawyers-urge-sweeping-overhaul-of-copyright-law/http://www.dowlohnes.com/frand-ruling-may-serve-as-roadmap/http://www.dowlohnes.com/frand-ruling-may-serve-as-roadmap/http://www.dowlohnes.com/ready-and-waiting-elon-receiver-prepared-for-nfl-draft-call/http://www.dowlohnes.com/ready-and-waiting-elon-receiver-prepared-for-nfl-draft-call/http://www.dowlohnes.com/mariners-acquire-majority-stake-in-regional-sports-tv-network-that-could-bring-in-millions/http://www.dowlohnes.com/mariners-acquire-majority-stake-in-regional-sports-tv-network-that-could-bring-in-millions/http://www.dowlohnes.com/the-sec-channel-through-the-eyes-of-sports-media-consultants/http://www.dowlohnes.com/the-sec-channel-through-the-eyes-of-sports-media-consultants/http://www.dowlohnes.com/apple-asus-targeted-in-wi-fi-patent-blitz/http://www.dowlohnes.com/apple-asus-targeted-in-wi-fi-patent-blitz/http://www.dowlohnes.com/who-or-what-is-a-journalist-these-days/http://www.dowlohnes.com/aereo-gets-a-court-ordered-boost-or-a-license-to-steal-depending-on-how-you-look-at-it/http://www.dowlohnes.com/aereo-gets-a-court-ordered-boost-or-a-license-to-steal-depending-on-how-you-look-at-it/http://www.dowlohnes.com/legal-and-regulatory-aspects-of-mooc-mania-03-26-2013/http://www.dowlohnes.com/legal-and-regulatory-aspects-of-mooc-mania-03-26-2013/http://www.dowlohnes.com/google-emerges-from-ftc-antitrust-probe-largely-unscathed/http://www.dowlohnes.com/google-emerges-from-ftc-antitrust-probe-largely-unscathed/http://www.dowlohnes.com/5-tips-for-making-it-rain/http://www.dowlohnes.com/itc-clears-microsofts-xbox-in-patent-case/http://www.dowlohnes.com/delayed-graduation-edu-tech-offers-a-fix/http://www.dowlohnes.com/delayed-graduation-edu-tech-offers-a-fix/http://www.dowlohnes.com/fed-circ-could-take-the-coin-flip-out-of-patent-appeals/http://www.dowlohnes.com/fed-circ-could-take-the-coin-flip-out-of-patent-appeals/http://www.dowlohnes.com/now-what/http://www.dowlohnes.com/now-what/http://www.dowlohnes.com/win-for-elderly-client-fuels-attorneys-pro-bono-commitment/http://www.dowlohnes.com/win-for-elderly-client-fuels-attorneys-pro-bono-commitment/http://www.dowlohnes.com/the-marking-statute-should-cover-all-patent-claims-03-14-2013/http://www.dowlohnes.com/the-marking-statute-should-cover-all-patent-claims-03-14-2013/http://www.dowlohnes.com/the-marking-statute-should-cover-all-patent-claims-03-14-2013/http://www.dowlohnes.com/the-marking-statute-should-cover-all-patent-claims-03-14-2013/http://www.dowlohnes.com/win-for-elderly-client-fuels-attorneys-pro-bono-commitment/http://www.dowlohnes.com/win-for-elderly-client-fuels-attorneys-pro-bono-commitment/http://www.dowlohnes.com/now-what/http://www.dowlohnes.com/now-what/http://www.dowlohnes.com/fed-circ-could-take-the-coin-flip-out-of-patent-appeals/http://www.dowlohnes.com/fed-circ-could-take-the-coin-flip-out-of-patent-appeals/http://www.dowlohnes.com/delayed-graduation-edu-tech-offers-a-fix/http://www.dowlohnes.com/delayed-graduation-edu-tech-offers-a-fix/http://www.dowlohnes.com/itc-clears-microsofts-xbox-in-patent-case/http://www.dowlohnes.com/5-tips-for-making-it-rain/http://www.dowlohnes.com/google-emerges-from-ftc-antitrust-probe-largely-unscathed/http://www.dowlohnes.com/google-emerges-from-ftc-antitrust-probe-largely-unscathed/http://www.dowlohnes.com/legal-and-regulatory-aspects-of-mooc-mania-03-26-2013/http://www.dowlohnes.com/legal-and-regulatory-aspects-of-mooc-mania-03-26-2013/http://www.dowlohnes.com/aereo-gets-a-court-ordered-boost-or-a-license-to-steal-depending-on-how-you-look-at-it/http://www.dowlohnes.com/aereo-gets-a-court-ordered-boost-or-a-license-to-steal-depending-on-how-you-look-at-it/http://www.dowlohnes.com/who-or-what-is-a-journalist-these-days/http://www.dowlohnes.com/apple-asus-targeted-in-wi-fi-patent-blitz/http://www.dowlohnes.com/apple-asus-targeted-in-wi-fi-patent-blitz/http://www.dowlohnes.com/the-sec-channel-through-the-eyes-of-sports-media-consultants/http://www.dowlohnes.com/the-sec-channel-through-the-eyes-of-sports-media-consultants/http://www.dowlohnes.com/mariners-acquire-majority-stake-in-regional-sports-tv-network-that-could-bring-in-millions/http://www.dowlohnes.com/mariners-acquire-majority-stake-in-regional-sports-tv-network-that-could-bring-in-millions/http://www.dowlohnes.com/ready-and-waiting-elon-receiver-prepared-for-nfl-draft-call/http://www.dowlohnes.com/ready-and-waiting-elon-receiver-prepared-for-nfl-draft-call/http://www.dowlohnes.com/frand-ruling-may-serve-as-roadmap/http://www.dowlohnes.com/frand-ruling-may-serve-as-roadmap/http://www.dowlohnes.com/lawyers-urge-sweeping-overhaul-of-copyright-law/http://www.dowlohnes.com/lawyers-urge-sweeping-overhaul-of-copyright-law/http://www.dowlohnes.com/patent-court-torn-on-whether-software-deserve-patents/http://www.dowlohnes.com/patent-court-torn-on-whether-software-deserve-patents/http://www.dowlohnes.com/college-in-georgia-sues-for-right-to-post-billboard-in-tennessee/http://www.dowlohnes.com/college-in-georgia-sues-for-right-to-post-billboard-in-tennessee/
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    9

    NEWSMAKERS

    March 11, 2013John Hooversarticle, Final Regulations onEntertainment Use of Business Aircraft, was published bythe National Business Aviation Association.

    March 2, 2013Parker Erkmannwas quoted in the International BusinessTimes article, Cablevision-Viacom Antitrust Lawsuit: A Big

    Deal for the Cable Industry, If Not Your Cable Bill.

    February 26, 2013John Hooversarticle, IRS Guidance InadvertentlyProvides an Extraordinary Tax-Saving Opportunity toOwners of Business Aircraft in 2012 was published inBloombergBNA.

    February 25, 2013Michael Goldsteinwas quoted in the Corporate Counselarticle, Reading, Writing, and Regulation in OnlineEducation.

    February 17, 2013Todd Graycommented in the GreenvilleOnline.comarticle, Rise of Internet Learning Creates Haves, Have-notsamong Students.

    February 15, 2013Parker Erkmannwas quoted in the International BusinessTimes article, Penguin and Random House: Merger orMarriage of Convenience? Either Way, It Will ProbablyHappen.

    February 5, 2013

    Peter Caneldsarticle, Whistleblowers Are Our BestWeapon against Fraud was published in Georgia HealthNews.

    HonoredMay 21, 2013The Media Financial Management Association (MFM)presented Dow Lohnes Tax Partner Linda Fritts with its2013 Working Capital Award. The award, which is given toan MFM member who has made signifcant contributionsto help the Association achieve its goals, was presented

    to Fritts at the groups 53rd Annual Conference in NewOrleans, LA.

    April 30, 2013Dow Lohnes congratulates attorneys Michael Basile,Len Baxt, Richard Braunstein, John Byrnes, PeterCaneld, John Feore, Todd Gray, Ralph Hardy, J.G.Harrington, Jon Hart, Michael Hays, Michael Hines,Paul Lang, John Logan, David Mills, ChristopherRedding, Anne Swanson, Bruce Wieder, LesWiesenfelder , and David Wittenstein, all of whom haveachieved AV Preeminent status, the highest possibleMartindale-Hubbell Peer Review Rating designation.

    April 28, 2013Congratulations to the Dow Lohnes attorneys whowere honored as top attorneys in the 2013 edition ofWashington, D.C., Super Lawyers. Partners Len Baxt(M&A), John Feore (Communications), Michael Goldstein(Schools & Education),Jon Hart (First Amendment, Mediaand Advertising), Michael Hays (Business Litigation), andAnne Swanson (Communications) were honored along

    with Senior Counsel Kristin Leavy (Intellectual Property)who was recognized as a Super Lawyers Rising Star.

    February 28, 2013Congratulations to Dow Lohnes Partners Peter Caneldand Tom Clyde who were recognized as the top attorneysin First Amendment/Media/Advertising in the 2013 editionofGeorgia Super Lawyers, and Peter Coman who wasrecognized in Litigation. Lesli Gaither was recognizedas a Rising Star in First Amendment/Media/AdvertisingandJason McCarter was also honored as a Rising Star inBusiness Litigation.

    Dow Lohnes Wins Victory in

    Rural Interconnection Case

    On April 16th, the U.S. District Court for the District ofNorth Dakota issued a summary judgment decisionarming a decision by the North Dakota Public ServiceCommission granting Dow Lohnes client MidcontinentCommunications the right to interconnect its telephonenetwork with Missouri Valley Communications in Williston,North Dakota. The decision means that Midcontinent canoer telephone service in competition with Missouri Valley

    in Williston, North Dakota, one of the communities atthe center of the oil boom in that state. J.G. HarringtonrepresentedMidcontinent both atthe North Dakota PublicService Commission andbefore the U.S. DistrictCourt.

    http://www.dowlohnes.com/jhoover/http://www.dowlohnes.com/final-regulations-on-entertainment-use-of-business-aircraft-03-11-2013/http://www.dowlohnes.com/final-regulations-on-entertainment-use-of-business-aircraft-03-11-2013/http://www.dowlohnes.com/cablevision-viacom-antitrust-lawsuit-a-big-deal-for-the-cable-industry-if-not-your-cable-bill/http://www.dowlohnes.com/cablevision-viacom-antitrust-lawsuit-a-big-deal-for-the-cable-industry-if-not-your-cable-bill/http://www.dowlohnes.com/jhoover/http://www.dowlohnes.com/irs-guidance-inadvertently-provides-an-extraordinary-tax-saving-opportunity-to-owners-of-business-aircraft-in-2012-02-26-2013/http://www.dowlohnes.com/irs-guidance-inadvertently-provides-an-extraordinary-tax-saving-opportunity-to-owners-of-business-aircraft-in-2012-02-26-2013/http://www.dowlohnes.com/irs-guidance-inadvertently-provides-an-extraordinary-tax-saving-opportunity-to-owners-of-business-aircraft-in-2012-02-26-2013/http://www.dowlohnes.com/reading-writing-and-regulation-in-online-education/http://www.dowlohnes.com/reading-writing-and-regulation-in-online-education/http://www.dowlohnes.com/rise-of-internet-learning-creates-haves-have-notsamong-students/http://www.dowlohnes.com/rise-of-internet-learning-creates-haves-have-notsamong-students/http://www.dowlohnes.com/-penquin-and-random-house-merger-or-marriage-of-convenience-either-way-it-will-probably-happen/http://www.dowlohnes.com/-penquin-and-random-house-merger-or-marriage-of-convenience-either-way-it-will-probably-happen/http://www.dowlohnes.com/-penquin-and-random-house-merger-or-marriage-of-convenience-either-way-it-will-probably-happen/http://www.dowlohnes.com/whistleblowers-are-our-best-weapon-against-fraud-02-05-2013/http://www.dowlohnes.com/whistleblowers-are-our-best-weapon-against-fraud-02-05-2013/http://www.dowlohnes.com/mfm-and-bcca-announce-2013-award-winners-05-21-2013/http://www.dowlohnes.com/20-dow-lohnes-lawyers-named-2013-washington-dc-legal-leaders-by-alm-media-and-martindale-hubbell-04-30-2013/http://www.dowlohnes.com/2013-washington-dc-super-lawyers-recognizes-04-28-2013/http://www.dowlohnes.com/2013-washington-dc-super-lawyers-recognizes-04-28-2013/http://www.dowlohnes.com/2013-washington-dc-super-lawyers-recognizes-04-28-2013/http://www.dowlohnes.com/2013-washington-dc-super-lawyers-recognizes-04-28-2013/http://www.dowlohnes.com/georgia-super-lawyers-02-28-2013/http://www.dowlohnes.com/georgia-super-lawyers-02-28-2013/http://www.dowlohnes.com/georgia-super-lawyers-02-28-2013/http://www.dowlohnes.com/georgia-super-lawyers-02-28-2013/http://www.dowlohnes.com/georgia-super-lawyers-02-28-2013/http://www.dowlohnes.com/georgia-super-lawyers-02-28-2013/http://www.dowlohnes.com/2013-washington-dc-super-lawyers-recognizes-04-28-2013/http://www.dowlohnes.com/2013-washington-dc-super-lawyers-recognizes-04-28-2013/http://www.dowlohnes.com/20-dow-lohnes-lawyers-named-2013-washington-dc-legal-leaders-by-alm-media-and-martindale-hubbell-04-30-2013/http://www.dowlohnes.com/mfm-and-bcca-announce-2013-award-winners-05-21-2013/http://www.dowlohnes.com/whistleblowers-are-our-best-weapon-against-fraud-02-05-2013/http://www.dowlohnes.com/whistleblowers-are-our-best-weapon-against-fraud-02-05-2013/http://www.dowlohnes.com/-penquin-and-random-house-merger-or-marriage-of-convenience-either-way-it-will-probably-happen/http://www.dowlohnes.com/-penquin-and-random-house-merger-or-marriage-of-convenience-either-way-it-will-probably-happen/http://www.dowlohnes.com/-penquin-and-random-house-merger-or-marriage-of-convenience-either-way-it-will-probably-happen/http://www.dowlohnes.com/rise-of-internet-learning-creates-haves-have-notsamong-students/http://www.dowlohnes.com/rise-of-internet-learning-creates-haves-have-notsamong-students/http://www.dowlohnes.com/reading-writing-and-regulation-in-online-education/http://www.dowlohnes.com/reading-writing-and-regulation-in-online-education/http://www.dowlohnes.com/irs-guidance-inadvertently-provides-an-extraordinary-tax-saving-opportunity-to-owners-of-business-aircraft-in-2012-02-26-2013/http://www.dowlohnes.com/irs-guidance-inadvertently-provides-an-extraordinary-tax-saving-opportunity-to-owners-of-business-aircraft-in-2012-02-26-2013/http://www.dowlohnes.com/irs-guidance-inadvertently-provides-an-extraordinary-tax-saving-opportunity-to-owners-of-business-aircraft-in-2012-02-26-2013/http://www.dowlohnes.com/jhoover/http://www.dowlohnes.com/cablevision-viacom-antitrust-lawsuit-a-big-deal-for-the-cable-industry-if-not-your-cable-bill/http://www.dowlohnes.com/cablevision-viacom-antitrust-lawsuit-a-big-deal-for-the-cable-industry-if-not-your-cable-bill/http://www.dowlohnes.com/final-regulations-on-entertainment-use-of-business-aircraft-03-11-2013/http://www.dowlohnes.com/final-regulations-on-entertainment-use-of-business-aircraft-03-11-2013/http://www.dowlohnes.com/jhoover/
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    10IN THE COMMUNITY

    Supporting ourCommunitiesThe firm was pleased to participate in and/or sponsor:Hearts with Hope GalaAtlanta, GA

    Dow Lohnes was delighted to join some of the biggestand brightest leaders in the Atlanta community tosponsor the 25th Annual Hearts with Hope Gala onMay 4. Hearts with Hope benets Partnership Against

    Domestic Violence (PADV), the largest nonprotdomestic violence organization in Georgia, providingcompassionate and empowering support to batteredwomen and their children in Atlanta since 1975.

    WHRO Pioneer AwardsVirginia Beach, VAThe Hampton Roads Educational TelecommunicationsAssociation (WHRO) hosted the 2013 Pioneer Awardson April 20, honoring individuals and organizationswho have made signicant contributions in theelds of public broadcasting and educationaltelecommunications, and who have improved the

    quality of life in the Hampton Roads community. DowLohnes served as a sponsor of the event which supportsWHROs local programming and education initiatives.

    2013 Kettle ClassicWashington, DCOn April 20th, over 500 runners participated in the 2ndAnnual Kettle Classic, which Dow Lohnes was pleasedto sponsor. The race raises money for the SalvationArmys Turning Point Center for Homeless Women &Children, a transitional housing center located in theheart of Washington, DC, aimed at breaking the cycle ofhomelessness and poverty by oering families shelter

    for up to two years while mothers gain career and lifeskills to become self-sucient.

    LGBT Equality Caucus ReceptionWashington, DCDow Lohnes Government Strategies sponsored theApril 11th Q Street LGBT Equality Caucus Reception inWashington, DC. Q Street is the professional associationof lesbian, gay, bisexual, and transgender lobbyists andpublic policy advocates, and those working for LGBTequality.

    T. Howard Foundation Diversity in Media AwardsDinnerNew York, NYDow Lohnes was pleased to participate along withseveral of our clients as sponsors of the 20th annual T.Howard Foundation Diversity in Media Awards Dinner

    on March 20. The T. Howard Foundations mission is todiversify the multimedia and entertainment industryby increasing the representation of minorities withinthe industry via a comprehensive internship andprofessional development program for college students

    Home Court Charity Basketball GameWashington, DCThe Hills Angels -- comprised of Members of Congressand their sta -- soundly defeated the GeorgetownUniversity Law Center faculty (Hoya Lawyas) on March19th in the 26th Annual Home Court Charity BasketballGame. Dow Lohnes was proud to sponsor the event

    which raised over half a million dollars this year for theWashington Legal Clinic for the Homeless. The gamehas raised more than $5 million for the Clinic since itsinception.

    Weltner Freedom of Information BanquetAtlanta, GADow Lohnes was proud to sponsor the Charles L.Weltner Freedom of Information Banquet on March 14.Georgia Supreme Court Chief Justice Carol W. Hunsteinwas honored at the event and all funds raised benetedthe Georgia First Amendment Foundation, whichadvances the causes of open government and freedom

    of information through education and advocacy.

    With Liberty & Justice for All DinnerIslip, NYOn February 27, Dow Lohnes was pleased to sponsorthe Touro Law Centers With Liberty & Justice for AllDinner Celebration. The event honored the 2012members of Touro Law Centers Builders Society,recognizing individuals who have been an integral partof the Touro Law community.

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    11

    HATS OFF

    HATS OFFA special section dedicated to our clients and their latest accomplishments. Congratulations!

    DeVry Honored for Outstanding Support of Employee Service in the National Guard and ReserveOn February 14, 2013, DeVry was honored by the Illinois Committee for the Employer Support of the Guard andReserve (ESGR), an agency of the Department of Defense, with an Above and Beyond Award in recognition of itssupport of employee service in the National Guard and Reserve. The award is presented each year to a limitednumber of Illinois organizations that go beyond granting leave for military duty to their National Guard and Reserveemployees. DeVry oers an array of programs and support services for employees in the military and their families,including pay supplement and continuation of benets during active duty time.

    Hawaiian #1 On-Time for Ninth Consecutive YearFor the ninth consecutive year, Hawaiian Airlines earned the U.S. airline industrys #1 ranking for on-time

    performance in 2012, as reported by the U.S. Department of Transportations Air Travel Consumer on February 12,2013. Hawaiian averaged a 93.4 percent on-time performance ranking for the full year 2012, earning the top rankingin 11 of the 12 months and exceeding the industry average for the year by 11.5 percentage points.

    West Marines Randy Repass and Geo Eisenberg Receive 2013 Charles F. Chapman Award The National Marine Manufacturers Association (NMMA) recognized Randy Repass (Chairman of the Board) andGeo Eisenberg (Immediate Past President and CEO) as the recipients of this years Charles F. Chapman Award.Both received the award on February 14, 2013 during the annual Recreational Boating Industry Breakfast held atthe Progressive Insurance Miami International Boat Show & Strictly Sail. First established in 1977, the ChapmanAward recognizes individuals or groups that have provided consistent promotion and protection of the sport ofboating and its benets to both the recreational boating industry and the public. Repass and Eisenberg will donatetheir award to West Marines Blue Future, a company-wide eort to make the world a better place, focusing onsustainability in all its forms.

    Overstock.com Wins 2012 Compuware Best of the Web Gold Award AgainOn February 22, 2013, Overstock.com, Inc. was named the 2012 Compuware Best of the Web Gold award winnerin the Retail Product Order Transaction category and a Silver award winner in the Retail Last Mile category. Theaward measures three key Web performance metrics response time, availability, and consistency and showcasesleaders across six industries (retail, banking, brokerage, travel, media, and insurance) based on analysis throughout2012. The awards highlight how each winner sets the industry standard for providing a Web or mobile siteexperience that enhances customer satisfaction. Overstock.com is the only retailer to have been a Best of Webaward winner for four consecutive years and has been a Gold award winner in the Retail Product Order Transactioncategory for the past two years.

    Business Coalition for Maryland Oshore Wind Scores Legislative VictoryOn April 9, Maryland Governor Martin OMalley signed the Oshore Wind Energy Act of 2013, a bill to spark an

    oshore wind industry on the Eastern Shore of Maryland and promote partnerships between the state and privatesector. The bill will help create a farm of turbines in the ocean o the Eastern Shore and, according to OMalleysadministration, will support almost 850 manufacturing and construction jobs for ve years and an additional 160ongoing jobs thereafter.

    Scripps Lands Three on 2013 Most Intriguing People ListCongratulations to Scripps Networks Interactive Michael Smith, SVP and general manager, Cooking Channel;Tamara Franklin, SVP aliate operations & new media distribution, Scripps Networks Interactive; and Lisa ChoiOwens, SVP digital media, Scripps Interactive Group for being named to the 2013 list of Most Intriguing People byCynopsis.

    http://investors.devryinc.com/Investor-Relations/Press-Releases/Press-Releases/Press-Release-Details/2013/DeVry-Honored-for-Outstanding-Support-of-Employee-Service-in-the-National-Guard-and-Reserve/default.aspxhttp://investor.hawaiianairlines.com/phoenix.zhtml?c=82818&p=irol-newsArticle&ID=1784329&highlight=http://www.westmarine.com/webapp/wcs/stores/servlet/PressRoomView?langId=-1&storeId=11151&catalogId=10001&nav=LeftNav&page=Press-Release-2013-02-14ahttp://investors.overstock.com/phoenix.zhtml?c=131091&p=RssLanding&cat=news&id=1788016http://%20http//www.scrippsnetworksinteractive.com/newsroom/company-news/Pages/Scripps-lands-three-on-2013-'Most-Intruiging-People'-list.aspxhttp://%20http//www.scrippsnetworksinteractive.com/newsroom/company-news/Pages/Scripps-lands-three-on-2013-'Most-Intruiging-People'-list.aspxhttp://investors.overstock.com/phoenix.zhtml?c=131091&p=RssLanding&cat=news&id=1788016http://www.westmarine.com/webapp/wcs/stores/servlet/PressRoomView?langId=-1&storeId=11151&catalogId=10001&nav=LeftNav&page=Press-Release-2013-02-14ahttp://investor.hawaiianairlines.com/phoenix.zhtml?c=82818&p=irol-newsArticle&ID=1784329&highlight=http://investors.devryinc.com/Investor-Relations/Press-Releases/Press-Releases/Press-Release-Details/2013/DeVry-Honored-for-Outstanding-Support-of-Employee-Service-in-the-National-Guard-and-Reserve/default.aspx
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    LETS GO CRAZY:

    DIGITAL MILLENNIUMCOPYRIGHT ACT TURNS 15!

    What do Pandora, jailbreaking iPhones, and postinga video of toddlers dancing to Princes Lets GoCrazy on YouTube have in common? All of them aregoverned by the Digital Millennium Copyright Act(the DMCA), the groundbreaking, controversiallegislation that brought U.S. copyright law into thedigital age.

    This year we celebrate the 15th birthday of the DMCA.The DMCAs provisions have shaped the way theInternet functions. The law established safe harborsfor Internet service providers (ISPs) and other onlineservice providers that immunize them from copyrightinfringement damages if they comply with the safeharbor conditions. Separately, the law prohibited the

    circumvention or defeating of technological protectionmeasures used by copyright owners to limit access totheir content, while authorizing the Copyright Oce topermit exceptions to this anti-circumvention rule tofacilitate specic fair uses of content. Finally, and ofparticular importance to our radio clients, the DMCAestablished a statutory webcasting license to allowwebcasting, and more generally, the streaming of soundrecordings.

    Copyright law has always contained a tension betweenthe rights of creators and users of copyrightedmaterialreecting the competing but complementary

    goals of encouraging creative eort by giving creatorsthe right to exploit their works and encouraging the freeand open public discourse by giving people the right touse, refer to, and build on the works of others in a rangeof circumstances. Like all copyright legislation, thesuccess of the DMCA can be viewed in terms of how itstrikes the balance between these competing interests.

    Since the enactment of the DMCA, there have beenmany eorts and initiatives to change copyright law,usually in response to changes in technology.

    As distribution technologies have become moreadvanced and Internet speeds have increased, usershave demanded new ways to consume content, whilecontent owners have sought to control the distributionof their content and prevent unauthorized access.Recent initiatives by the copyright owners, such as theStop Online Piracy Act (SOPA) and Protect IP Act (PIPA),which would have criminalized unauthorized streamingof content and prohibited ISPs, search engines andadvertising networks from doing business with sites witpirated content, have failed in the face of grass rootsopposition.

    The Copyright Oce too is celebrating the 15th birthdayof the DMCA -- by calling for Congress to design

    the next great copyright act. According to MariaPallante, the Register of Copyrights, for copyright lawto remain relevant, it must be functional and exiblein an increasingly digital age. With rapid evolutionin technology, in the way people consume content,and in the business models of businesses that seek tocapitalize on these changes, copyright law and policywill continue to be a battleground between the contentand entertainment industries, on the one hand, and thetechnology, aggregator, and user communities on theother hand.

    BY: David Wittenstein, Partner

    EMAIL: [email protected]

    Kristin Leavy, Counsel

    EMAIL: [email protected]

    DIGITAL MILLENNIUM COPYRIGHT ACT

    12

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    13DIGITAL MILLENNIUM COPYRIGHT ACT

    Anti-CircumventionUnder the DMCA, it is illegal to defeat or circumvent

    technology that eectively limits access to content, orto manufacture or provide a device primarily intendedto circumvent access control measures. The anti-circumvention rules have been used (successfully) toprohibit hacking of regional limitations on Playstationgames, the evasion of CAPTCHAs (tests that tell humanand computers apart online), and unauthorized Worldof Warcraft cheats, and (unsuccessfully) to prohibitaftermarket garage door openers and ink cartridgesand hardware maintenance competitors. Recognizingthat the anti-circumvention rules might unduly burdennon-infringing uses of copyrighted materials, the DMCAauthorizes the Library of Congress, which oversees theU.S. Copyright Oce, to promulgate rules every threeyears that create exemptions from liability under theDMCAs anti-circumvention provisions. In last yearstriennial review, the Copyright Oce permitted limitedjailbreaking of cell phones (but not iPads or othertablets) so that they will work with any wireless carrier,but refused to create an exemption for space shiftingcontent from one medium to another, such as shifting amovie from a DVD to an iPad.

    Safe Harbors for ISPs and other Service ProvidersThe DMCA established safe harbors from copyrightdamages for online service providers, including ISPs andwebsites that host content provided by third parties.

    In order to qualify, online service providers mustexpeditiously block access to infringing materials if theyreceive a takedown notice from a copyright owner orits representative, cannot have actual knowledge of orreceive a direct nancial benet from the infringement,and must notify the posters of the allegedly infringingcontent so they have the opportunity to respond.Viacom and YouTube have now spent more than 6 yearsin litigation, with Viacom claiming that YouTube is awareof massive unauthorized copying of Viacom content onits site, and seeking more than $1 billion in damages. Inthe latest, but by no means nal, round, a court recentlyfound that YouTube was protected by the DMCA safe

    harbors because, among other reasons, it did not havedirect knowledge of the many infringing materials thatwere posted by users on its site.

    Although the DMCA provides an easy process for theremoval of content posted without authorization,content owners must be careful not to be overlyaggressive when sending takedown noticesa federalcourt found that Princes record label should haveconsidered whether a 29 second video of toddlersdancing to the song Lets Go Crazy was a fair use priorto sending a notice demanding the removal of the videofrom YouTube.

    WebcastingThe DMCA changed copyright law to give record labels

    a right with respect to the digital performance oftheir sound recordings. But the DMCA also containsa statutory license that permits webcasters, such asPandora and traditional over the air radio stations, tostream music in exchange for the payment of royaltiesto the record labels. Ever wonder why you can only skip6 songs an hour and cant make a Billy Joel-only stationon Pandora? The DMCA restricts the number of songsthat can be played by a single artist in a 3 hour periodand requires all webcasts under the statutory license tobe non-interactive, meaning that a user cant dictate thata particular song be played on demand

    The Nitty Gritty on DMCA

    Tips for Reducing Risk of

    Copyright Liability

    Since it may be a while before Congress passes thethe next great copyright act, here are some generalsteps to consider to reduce the risk of copyrightliability for your organization.

    Consider conducting basic copyright training

    for employees as appropriate (includingidentifying copyright infringement riskspreviously faced by your organization).

    Implement policies regarding the use of third-party copyrighted materials by your employees.

    Consider conducting occasional internalaudits of your organizations compliance(including the terms of software andperiodical subscription licenses).

    Develop and encourage the use of standardfreelancer or independent contractoragreements, providing your organization withcopyright ownership of, or very broad licensesto use the material created by the independentcontractor, and when hiring freelancers andindependent contractors such as softwaredevelopers, writers, photographers or artists, tocreate materials for use in your organizationand with its business.

    Conrm that your insurance policy coversclaims of copyright infringement and relatedintellectual property claims.

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    Fifty ve years ago, Dwight D. Eisenhowersigned into law the Federal Aviation Act of 1958creating the Federal Aviation Agency (now theFederal Aviation Administration or FAA). The FAAabolished its predecessor organization, the CivilAeronautics Administration and was empowered

    to regulate and oversee all aspects of United Statescivil aviation as well as regulate safety and use ofAmerican airspace by both civilian and militaryaircraft.

    Six years later, in 1964, Dow Lohnes AviationPractice head Jon Hill received his pilots license andhas been an avid ier ever since. Already a licensedpilot by the time he graduated from law school, Jonwas able to marry his love of ying with his career asan attorney. His rst position was working for the FAAChief Counsels Oce and he now represents majorpassenger airlines, charter airlines, manufacturersof aircraft, aviation parts manufacturers, builders ofunmanned aviation vehicles, as well as corporate clientsin the publishing, chemical, and retail sectors of theeconomy.

    Despite his busy law practice, Jon has continuedto serve as an active pilot and presently holds acommercial pilots rating, multi-engine land, and privatepilots rating, single engine land and sea. And while thereasons for his ights have varied over the years, onMarch 9th Jon took o for a very special reason.

    Raising the landing gear on his A-36 BeechBonanza - which, interestingly, was in productionwhen the FAA was created in 1958 and continues tothis day, the longest production run for any airplane-- Jon headed from Leesburg, Virginia to Gaithersburg,

    Maryland to pick up a young couple who neededtransportation from the National Institute of Health(NIH), back to Michigan where their family of 6 childrenawaited the return of their mother who was receivingtreatment for cancer at NIH.

    The ight was arranged by Angel Flight East, a501 (c) 3 organization that, in coordination with othersimilar organizations across the country, provides freetransportation for families who have been nanciallydevastated by medical bills due to cancer, musculardystrophy, accidents, organ transplants, and otherserious or chronic conditions. Angel Flight East assists

    patients from Maine to South Carolina and west to Ohiofor transportation needs requiring travel outside of theirimmediate living area. There must be either a nancialneed or reason why public transportation cannot beutilized and patients must be able to be transported in anon-pressurized small aircraft.

    Jons ight that Saturday in March lasted aboutan hour and a half crossing Maryland, Pennsylvania,and Ohio landing next to Lake Erie at Burke LakefrontAirport in Cleveland, Ohio where a second volunteerpilot met the ight and the husband and wife, who maketheir living farming in central Michigan, transferred to asecond ight to their ultimate destination.

    Founded in 1992, in response to communityneeds after Hurricane Andrew, Angel Flight East ew17 missions the rst year and has steadily grown. Lastyear, they had over 425 volunteer pilots in 22 statesand ew over 750 missions. Jon has own these ightsfor over 15 years -- averaging about a half dozen ightseach year -- traveling from upstate New York to SouthCarolina. Angel Flight has coordinated ights for reliefafter 9/11; Hurricane Katrina; and Hurricane Sandy; inaddition to daily ights that crisscross the country eachday carrying patients to and from treatment facilities.

    After completing his mission and leaving thefamily in the hands of the second pilot, Jon headed backto Leesburg, Virginia where he landed ready to addresssuch important events as a round of golf with his wife.

    ESQ.

    AKA:

    MembeEMAIL: [email protected]

    Jon Hill

    P ilot

    14ESQ. AKA

    Jon in ight in his A-36 Beech

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    In her role as Adjunct Assistant Professor atthe American University School of Communication(SOC), Dow Lohnes client and Vice Presidentand Senior Associate Counsel of Gannett Co.,Inc., Barbara Wall, really pushes the envelopeto give her students in SOCs Masters in MediaEntrepreneurship (MAME) program a greatexperience.

    One of my goals in teaching the legal coursefor the MAME program is to expose the students toas many areas of the law as I can. I also want them tohear from the top practitioners in each of the elds wecover, she explains.

    Given the limits of classroom time, she

    developed a plan to take her Masters in MediaEntrepreneurship media law class to Dow Lohnes, oneof the top media and communication law rms in thecountry, where she has several contacts.

    Throughout the day, several of the nations leadattorneys in their specialties came by to speak to thestudents in 45-minute sessions tailored for the class.Topic areas included copyright, trademark, vendorcontracts with corporate/tax/employment and therewas also a session on how to avoid litigation.

    Nick Barron, a student in the MAME program,said, By visiting Dow Lohnes I was in some ways ableto engage with attorneys as if they were my companys

    lawyers, with me asking questions, seeing their bodylanguage and experiencing a conversation. Im workingon starting my own company, and I left Dow Lohnes thatday knowing for certain the legal steps I needed to takein setting up my own venture.

    Wall was also pleased with the experience.When I approached [my contacts at Dow Lohnes] withthe idea, they graciously agreed to host my class forthe day. The result far exceeded my expectations: thestudents were engaged, the lawyers presentations were

    spectacular,and to topit o, MikeDiFranza,founder ofCaptivateNetwork, came in to speak about his experiences asan entrepreneur at lunch. Captivate is a network ofcontent screens in elevators throughout the nationsoce buildings and oce campuses; it was acquired byGannett in 2004.

    Why did Wall go to such lengths? The[MAME] program is built on a wonderful concept, hasattracted bright and promising students and is being

    extraordinarily well executed. Im committed to givingthem a broad, ranging overview of the law that aectsmedia entrepreneurs.

    Barbara has always been one of our mostsuccessful adjuncts, says program director Amy Eismanwho also worked at Gannett. She is also the busiestperson on the planet. But somehow she was intriguedenough about creating something new that she devotedcountless hours to setting up one of our programs mostmemorable days. When I heard about it, I cleared myown calendar to attend. It was an extraordinary day.

    About MAME: In a unique partnership, AmericanUniversitys School of Communication and itsKogod School of Business oer a Masters in MediaEntrepreneurship (MAME) program aimed at trainingmid-career professionals to be key digital players inthe new media landscape while they are working. Theprogram targets the next generation of innovators,managers and idea leaders who will pioneer freshconcepts for news and information.

    CLIENT SPOTLIGHT:

    Gannetts Barbara Wall Brings

    Media Entrepreneurship Studentsto Dow Lohnes for UniqueLearning Experience

    15

    CLIENT SPOTLIGHT

    This article was originally authored by and is being reprinted with thepermission of the American University School of Communication.

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    THE COMEBACK KID:

    Lamont Peterson

    CONGRATULATIONS IBF CHAMPION LAMONT PETERSON

    On February 22, Dow Lohnes Sports & Entertainment client and reigning International Boxing Federation (IBF)140-pound champion Lamont Peterson defeated Kendall Holt before his hometown crowd in Washington, DC.

    Writing about his eighth round TKO, The Washington Postwrote that Peterson served notice to his peers and the

    rest of the boxing world that hes ready to continue his ascent to the highest levels of the sport.

    Native of Washington, DC Alias: Havoc

    Peterson turned pro in 2004

    Professional Record: 31 Wins 16 KOs 1 Loss 1 Draw

    Peterson defeated Amir Khan for the WBA and IBF light-welterweight titles in Washington, DC on December 10, 2011

    Lamont and his younger brother, Anthony are both trained by internationally renowned boxing coach and DLSE client,

    Barry Hunter of Headbangers Boxing in Washington, DC.

    Lamont and Anthony have been regularly featured on ESPN telecasts

    A little bit about Lamont:

    PETERSON COMEBACK WIN

    16

    http://%20http//articles.washingtonpost.com/2013-02-15/sports/37112655_1_lamont-peterson-barry-hunter-drug-testhttp://%20http//articles.washingtonpost.com/2013-02-15/sports/37112655_1_lamont-peterson-barry-hunter-drug-testhttp://%20http//articles.washingtonpost.com/2013-02-15/sports/37112655_1_lamont-peterson-barry-hunter-drug-testhttp://%20http//articles.washingtonpost.com/2013-02-15/sports/37112655_1_lamont-peterson-barry-hunter-drug-testhttp://%20http//articles.washingtonpost.com/2013-02-15/sports/37112655_1_lamont-peterson-barry-hunter-drug-test
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    Brendan Koethreturned to Dow Lohnes on March 4 as an Associate in the Corporate practice group.Brendan had been working as a Law Clerk with the Corporate group since May of 2012, whihe completed law school. Brendan received his J.D. with a Certicate in Securities Law fromThe Catholic University of America, Columbus School of Law, in December 2012. He receivedhis B.S.B.A. in International Economics and Finance from Catholic in 2008. Prior to joiningthe rm, Brendan interned with the District of Columbia Department of Insurance, Securitieand Banking, and with the Securities and Exchange Commission, Division of Enforcement.He was also a Senior Analyst for Westlaw Business Thomson Reuters from 2008 to 2011.Brendan sat for the New York State Bar Examination in February.

    WELCOME TO THE

    TEAM

    Henry Wendeloined the Communications practice group as a rst-year Associate on March 25. Henry wasan exceptional paralegal for the COM group from January 2011 through May 2012. Sincethen, Henry worked as a summer associate for Wilkinson Barker Knauer, LLP and as a lawclerk for the FCC in the Oce of Commissioner McDowell. Prior to law school, Henry workedfor two years as the Assistant Director of Residential Life at Johns Hopkins University and forseveral years as the Assistant Director of Student Judicial Services for The George WashingtonUniversity. Henry is a 2004 graduate of the University of Arkansas, Walton School of BusinessB.S., Business Administration - Economics); a 2006 graduate of Indiana University, Wendell

    School of Education (M.A., Higher Education and Student Aairs); and a December 2012graduate of The Catholic University of America, Columbus School of Law. Henry was sworn intothe Missouri Bar on May 22, 2013.

    Kristy Woolfjoined Dow Lohnes on March 25 as Counsel in the Tax practice group. Kristy will be primarilworking on aviation tax matters. Prior to joining Dow Lohnes, she was a tax associate atFried, Frank, Harris, Shriver & Jacobson LLP and with Shearman & Sterling LLP, and she wasa law clerk with the United States Attorneys Oce, Appellate Division. Kristy earned her J.D.(with High Honors) from the George Washington University School of Law in 2006 and herB.S. in Biology from Furman University in 1998.

    17

    NEW HIRES

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    DOW LOHNES

    AROUND TOWNMay 29, 2013Meg Miller presented a session entitledFun Facts aboutFCC License Renewal and Overall FCC Compliance atthe Public Media Business Associations 2013 AnnualConference in Washington, DC.

    May 21, 2013Maureen Nagle was a panelist at the Media FinancialManagement Associations 53rd Annual Media FinanceFocus Conference in New Orleans, LA. The panel, MediaTransactions and Valuations looked at the latest termsstructures and trends in valuations. Corporate PartnerBill Dudzinsky moderated the session.

    May 20, 2013Tax Partner Linda Fritts and Dow Lohnes Government

    Strategies Executive Vice President, Norm Lent

    were panelists at the Legislative Update program at theMedia Finance Focus Conference in New Orleans, LA.

    May 3, 2013John Hoover presented Understanding Federal Excise TaxExposure for Management Companies at the NationalBusiness Aviation Association (NBAA) Business AviationTaxes Seminar in Washington, DC.

    April 29, 2013David Long was interviewed on Bloomberg TelevisionsBloomberg Surveillance regarding Googles $12.5 billionacquisition of Motorola patents.

    April 29, 2013Lisa Bureau and Becky Flake were presenters on a panelentitled Dening Regular and Substantive Interaction TheFuzzy Line between Online and Correspondence Education atthe United States Distance Learning Association (USDLA)National Conference in St. Louis, MO.

    April 28, 2013Jeannie Yockey-Fine and Matthew Johnson presentedI Have the State Application. Now What Do I Do?at theUnited States Distance Learning Association (USDLA)National Conference in St. Louis, MO.

    April 22, 2013Jay Vaughan and Jeannie Yockey-Finepresentedat sessions at the National Association of StateAdministrators and Supervisors of Private Schools(NASASPS) Annual Conference in Sacramento, CA.Vaughan presented the session, The School ClosureExperience, Coming Soon to a State Near You: How CanStates, Accreditors and the USDOE Work Together to Assist

    Students Aected by a School Closure, while Yockey-Finepresented Survivor: State Authorization Island.

    April 16, 2013J.G. Harrington presented Regulatory DevelopmentsImpacting Higher Ed Technologyat The Association forInformation Communications Technology Professionalsin Higher Education (ACUTA) 42nd Annual Conference inSan Diego, CA.

    April 11, 2013LizBurdock,VicePresidentofDowLohnesGovernment

    Strategies, was invited to attend Maryland GovernorMartin OMalleys signing of the Maryland OshoreWind Energy Act in recognition of her work rallying thebusiness community in support of the measure throughher leadership of the Business Coalition for MarylandOshore Wind. Governor OMalley gave her the signingpen for the bill.

    April 9, 2013John Feorejoined National Association of Broadcasters(NAB) General Counsel Jane Mago and others for adiscussion on the hot issues in the broadcast industry oa panel entitled Regulation Reprieve, Revival, Repeat or

    Retreat?at the 2013 NAB Show in Las Vegas, NV.

    April 7, 2013David Wittenstein spoke on a panel entitled Copyright &the Internet: Giving Broadcasters the Cold Shoulder?at theABA Forum on Communications Laws RepresentingYour Local Broadcaster: 32 Degrees of LocalBroadcasting program held in conjunction with the 201NAB Show in Las Vegas, NV. Anne Swanson served onthe program committee and Dow Lohnes was pleased tserve as a sponsor of the event.

    April 4, 2013

    Michael Pryor moderated The Growing Importance ofIP Interconnection: What Are the Best Policy Options?at the 18th Annual Comprehensive Conference onTelecommunications Law in Seattle, WA.p

    March 14, 2013Kristen Rasmussenparticipated in the University ofFloridas Journal of Law and Public Policy Symposiumon Media Law. She spoke on a panel examining U.S. v.Alvarez and the Stolen Valor Act: Should false statementof fact be protected under the First Amendment?

    18AROUND TOWN

    http://www.pbma.org/2013-annual-conferencehttp://www.pbma.org/2013-annual-conferencehttp://www.mediafinance.org/index.aspx?pageid=383http://www.mediafinance.org/index.aspx?pageid=383http://www.mediafinance.org/index.aspx?pageid=383http://www.mediafinance.org/index.aspx?PageID=383http://www.nbaa.org/events/taxes-seminar/2013/http://www.nbaa.org/events/taxes-seminar/2013/http://www.nbaa.org/events/taxes-seminar/2013/http://www.bloomberg.com/video/dow-lohnes-s-long-motoroal-has-decaeds-of-patents-YfUaxirPQ9aA4fmWs9Rg1w.htmlhttp://www.usdla.org/2013-usdla-national-conference/http://www.usdla.org/2013-usdla-national-conference/http://www.usdla.org/2013-usdla-national-conference/http://www.usdla.org/2013-usdla-national-conference/http://www.nasasps.org/2013-annual-conferencehttp://www.nasasps.org/2013-annual-conferencehttp://www.nasasps.org/2013-annual-conferencehttp://www.acuta.org/wcm/ACUTA/Events___Education/Events/Core/Events/eventdetails.aspx?iKey=SC13&TemplateType=Ahttp://www.acuta.org/wcm/ACUTA/Events___Education/Events/Core/Events/eventdetails.aspx?iKey=SC13&TemplateType=Ahttp://www.acuta.org/wcm/ACUTA/Events___Education/Events/Core/Events/eventdetails.aspx?iKey=SC13&TemplateType=Ahttp://www.capitalgazette.com/news/government/governor-signs-several-pieces-of-legislation-including-wind-energy-bill/article_c365ad61-5bc8-5d56-9e73-8b70f44ce716.htmlhttp://www.capitalgazette.com/news/government/governor-signs-several-pieces-of-legislation-including-wind-energy-bill/article_c365ad61-5bc8-5d56-9e73-8b70f44ce716.htmlhttp://www.capitalgazette.com/news/government/governor-signs-several-pieces-of-legislation-including-wind-energy-bill/article_c365ad61-5bc8-5d56-9e73-8b70f44ce716.htmlhttp://nab13.mapyourshow.com/5_0/sessions/sessiondetails.cfm?ScheduledSessionID=1AAACChttp://nab13.mapyourshow.com/5_0/sessions/sessiondetails.cfm?ScheduledSessionID=1AAACChttp://www.americanbar.org/content/dam/aba/events/communications_law/2013/broadcaster_brochure.authcheckdam.pdfhttp://www.americanbar.org/content/dam/aba/events/communications_law/2013/broadcaster_brochure.authcheckdam.pdfhttp://www.americanbar.org/content/dam/aba/events/communications_law/2013/broadcaster_brochure.authcheckdam.pdfhttp://www.lawseminars.com/detail.php?SeminarCode=13TELWAhttp://www.lawseminars.com/detail.php?SeminarCode=13TELWAhttp://www.law.ufl.edu/news/2012/04/04/march-14-2013-uf-journal-of-law-and-public-policy-symposium-on-media-law/http://www.law.ufl.edu/news/2012/04/04/march-14-2013-uf-journal-of-law-and-public-policy-symposium-on-media-law/http://www.law.ufl.edu/news/2012/04/04/march-14-2013-uf-journal-of-law-and-public-policy-symposium-on-media-law/http://www.law.ufl.edu/news/2012/04/04/march-14-2013-uf-journal-of-law-and-public-policy-symposium-on-media-law/http://www.law.ufl.edu/news/2012/04/04/march-14-2013-uf-journal-of-law-and-public-policy-symposium-on-media-law/http://www.law.ufl.edu/news/2012/04/04/march-14-2013-uf-journal-of-law-and-public-policy-symposium-on-media-law/http://www.lawseminars.com/detail.php?SeminarCode=13TELWAhttp://www.lawseminars.com/detail.php?SeminarCode=13TELWAhttp://www.americanbar.org/content/dam/aba/events/communications_law/2013/broadcaster_brochure.authcheckdam.pdfhttp://www.americanbar.org/content/dam/aba/events/communications_law/2013/broadcaster_brochure.authcheckdam.pdfhttp://www.americanbar.org/content/dam/aba/events/communications_law/2013/broadcaster_brochure.authcheckdam.pdfhttp://nab13.mapyourshow.com/5_0/sessions/sessiondetails.cfm?ScheduledSessionID=1AAACChttp://nab13.mapyourshow.com/5_0/sessions/sessiondetails.cfm?ScheduledSessionID=1AAACChttp://www.capitalgazette.com/news/government/governor-signs-several-pieces-of-legislation-including-wind-energy-bill/article_c365ad61-5bc8-5d56-9e73-8b70f44ce716.htmlhttp://www.capitalgazette.com/news/government/governor-signs-several-pieces-of-legislation-including-wind-energy-bill/article_c365ad61-5bc8-5d56-9e73-8b70f44ce716.htmlhttp://www.capitalgazette.com/news/government/governor-signs-several-pieces-of-legislation-including-wind-energy-bill/article_c365ad61-5bc8-5d56-9e73-8b70f44ce716.htmlhttp://www.acuta.org/wcm/ACUTA/Events___Education/Events/Core/Events/eventdetails.aspx?iKey=SC13&TemplateType=Ahttp://www.acuta.org/wcm/ACUTA/Events___Education/Events/Core/Events/eventdetails.aspx?iKey=SC13&TemplateType=Ahttp://www.acuta.org/wcm/ACUTA/Events___Education/Events/Core/Events/eventdetails.aspx?iKey=SC13&TemplateType=Ahttp://www.nasasps.org/2013-annual-conferencehttp://www.nasasps.org/2013-annual-conferencehttp://www.nasasps.org/2013-annual-conferencehttp://www.usdla.org/2013-usdla-national-conference/http://www.usdla.org/2013-usdla-national-conference/http://www.usdla.org/2013-usdla-national-conference/http://www.usdla.org/2013-usdla-national-conference/http://www.bloomberg.com/video/dow-lohnes-s-long-motoroal-has-decaeds-of-patents-YfUaxirPQ9aA4fmWs9Rg1w.htmlhttp://www.nbaa.org/events/taxes-seminar/2013/http://www.nbaa.org/events/taxes-seminar/2013/http://www.nbaa.org/events/taxes-seminar/2013/http://www.mediafinance.org/index.aspx?PageID=383http://www.mediafinance.org/index.aspx?pageid=383http://www.mediafinance.org/index.aspx?pageid=383http://www.mediafinance.org/index.aspx?pageid=383http://www.pbma.org/2013-annual-conferencehttp://www.pbma.org/2013-annual-conference
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    On May 13, the Atlanta oce of Dow Lohnes hosted the 11th Annual Easy Ryder Cup atPiedmont Driving Club. Although the playing format and rules of the competition have

    evolved over the eleven years the tournament has been in existence (or in some cases,the rules have evolved hole-by-hole...), it is a tradition like no other, pairing Dow Lohnesand Cox Communications Inc. for a day of golf and camaraderie. This year, eight teams-- four on the 18-hole course and four on the 9-hole course -- comprised of both Cox andDow Lohnes members competed for bragging rights.

    11th

    AnnualEasy Ryder Cup Tournament

    hoto 1: Team 2, comprised of an 18-hole team and 9-hole team, had the lowest aggregate score and were winners of thears Easy Ryder Cup. From left to right: James Carlson (CCI), Kevin Mills, Katie Blaszak, Erin Dwyer, and CCIs Robinunson, Linda Trickey and Judy Nussbaum. Photo 2: CCIs Mark Padilla and Jennifer Hightower convene post-golf with Keills, John Byrnes, and Tom Clyde who graciously hosted the event at Piedmont. Photo 3: David Lester strategizes about

    ext shot with CCIs Brian Carter and Patrick Davidson. Photo 4: Dow Lohnes attorneys and almost (professional) golfersristin Leavy and Lori Beth Ouzts warm up before the competition.

    1 2 3

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    EASY RYDER CUP

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    1200 New Hampshire Avenue, NW, Suite 800Washington, DC 20036-6802(202) 776-2000

    Six Concourse Parkway, Suite 1800Atlanta, GA 30328-6117(770) 901 - 8800

    www.dowlohnes.com