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    Daniel J. Donnellon is the Managing Partner of the firm’s Cincinnati office and is a member of the firm's Litigation Department. Dan’s areas of practice are in business, civil and intellectual property litigation. He has ...

Posted in Litigation

On Feb. 8, 2017, two “experienced” plaintiffs who have previously brought claims under the Telephone Consumer Protection Act (“TCPA”) petitioned the Federal Communications Commission (“FCC”) for revision of the rule making authority interpreting Congress’s intent under the TCPA. Specifically, they ask the FCC to change the rule on non-solicitation calls ...

Posted in Litigation

After the 2016 SCOTUS decision of Spokeo v. Robins (see 136 S. Ct. 1540 (2016)) requiring “concrete injury” to have Article III standing to pursue a claim for a technical violation of the Fair Credit Reporting Act, many defense lawyers handling Telephone Consumer Protection Act (“TCPA”) claims were hopeful that they could use the “concrete injury” test to avoid ...

Posted in Litigation

A well-meaning Act of Congress designed to protect consumers, through nuisance damages, has become a nuclear bomb that can put entire businesses at jeopardy. That statute, known as the Telephone Consumer Protection Act (TCPA), has cost large businesses tens of millions and put smaller businesses into bankruptcy or simply out of business. When Congress enacted the TCPA it provided a ...

Posted in Litigation

On May 19, Daniel J. Donnellon joined with several fellow Federal Bar Association chapter officers from across the country to participate in Capitol Hill Day (“CHD”). CHD is an annual event sponsored by the national Federal Bar Association to function in its crucial role as a neutral lobbying arm for the Federal Judiciary. Even though the Federal Judiciary is one-third of our branches of government, its entire annual budget accounts for only two-tenths of each penny of tax-payer dollars. The Constitution specifies that Congress shall be the steward of this independent judiciary, but members of the judiciary are ethically prohibited from lobbying for themselves. That’s where this essential mission of the Federal Bar Association, and the role of its leaders, comes into play.

Posted in Litigation

On April 28, 2016, Daniel J. Donnellon (Cincinnati) accepted an invitation to be an esteemed panelist for a presentation on effective opening statements as part of the Ohio State Bar Association’s All Ohio Legal Forum. Judge Michael Donnelly (Cleveland) and two other seasoned trial lawyers from across The Buckeye State joined Dan on the panel; their session focused on exploring methods to craft and deliver an excellent and memorable opening statement during a trial.

Posted in Litigation

It is almost time for the regular season kickoff of the NFL, and the recent nullification of Tom Brady’s Deflategate suspension by federal judge Richard Berman continues to make headlines. Cincinnati Office Managing Partner Daniel J. Donnellon discusses different types of evidence in relation to the case in his latest “Litigation Lesson” video, which you can watch here ...

Posted in Litigation

One year after SCOTUS relaxed the rule on award of fees through Octane Fitness, the new standard is popping up in trademark cases. Cincinnati Office Managing Attorney Daniel J. Donnellon explains this phenomenon and what it means for litigants in his latest “Litigation Lesson” video, which you can watch here (free).

About the Octane Fitness Decision
It’s been one year since the ...

Posted in Litigation

Does a trial court lose jurisdiction to enforce a settlement agreement after a case is dismissed by the parties? The Ohio Supreme Court recently answered this question, definitively providing an important Litigation Lesson for trial attorneys. Cincinnati Office Managing Attorney Daniel J. Donnellon discusses the decision in his latest “Litigation Lesson” video, which you ...

Posted in Litigation

Is LivingSocial living on the edge? Cincinnati Office Managing Attorney Daniel J. Donnellon continues his "Litigation Lesson" video series with details surrounding Judge William Hayes issuing an order denying a motion to dismiss filed by LivingSocial Inc., the operator of the website of the same name that offers discounts and vouchers. The case involves a convergence ...

Posted in Litigation

Cincinnati Office Managing Attorney Daniel J. Donnellon continues his "Litigation Lesson" video series with an update on United States Supreme Court case B&B Hardware, Inc. v. Hargis Industries, which you can watch for free here.

Case Background
Defendant Hargis lost its effort to register the “sealtite” trademark before the Trademark Trial and Appeals Board (TTAB) for use in ...

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