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Ice Miller client, Kerri Leigh, will perform around Indianapolis during race weekend including Indianapolis 500’s Carb Day. Kerri Leigh recently performed at the Music Stage during City of Speedway’s “Festival on Main” charity event on May 9, 2014 benefitting the Indy Family Foundation.  To see Kerri Leigh this weekend, check out the schedule below:

  • Thursday, May 22, 2014Birdy’s Bar and Grill, Indianapolis, IN at 9:00 p.m.
  • Friday, May 23, 2014 – National Anthem at the Indianapolis 500’s Carb Day at Noon
  • Friday, May 23, 2014The Rathskeller at 7:00 p.m.

* more performances may be added

Born in the Midwest, and raised to the tunes of Ms. Patsy Cline and Mr. Willie Nelson, Kerri is a true all-American girl. Like many Midwestern girls, Kerri grew up playing basketball and volleyball, performing the national anthem whenever she could. Ultimately forgoing her chance at a college basketball career, Kerri followed her dream of being a country singer.

Known for her powerful voice, city-edge, and girl-next-door attitude, Kerri has sold out some of the most popular venues in New York City, such as the Bitter End and the Canal Room, and is a recurring  performer at the CMA Festival in Nashville.  Most recently, Kerri was a huge hit at the Indianapolis Zoo’s 500-person sold out event, Zoolala.  For pictures of Zoolala, visit the Indianapolis Star, and the Indianapolis Zoo’s photographs.

Her songs, all original compositions, reflect her dichotomous upbringing – a childhood in small-town Wisconsin, and an adolescence in New York City.  Undertones of her adolescent role models Willie Nelson, Dolly Parton, and Patsy Cline can be heard amidst her sassy, honest, and empowering lyrics.

To learn more about Kerri Leigh, please click here.

Ice Miller’s client, Rashad Lawrence, former Wide Receiver for Northwestern University, signed an undrafted free agent contract with the Washington Redskins Saturday night. He will attend an initial rookie mini-camp at the Redskins facility in the coming week.

Learn more here.

With the Pacers hoping to close out Round 2 of the Eastern Conference Semi-Finals tonight against the Wizards, stay connected to the Pacers everywhere you go with Magnitude Agency’s Pacers mobile app, the OFFICIAL app for the Indiana Pacers. Find news, player profiles, stats and take advantage of exclusive promotions.

To download the app in the iTunes store, click here.

Ice Miller is proud to sponsor the City of Speedway’s “Festival on Main” charity event on May 9, 2014 from 6-10 p.m. benefitting the Indy Family Foundation. Ice Miller will be the Music Stage sponsor featuring musical acts from Kendall/Purdy Project, Hang Nine and country singer Kerri Leigh.

“Festival on Main” will have a custom car and motorcycle show, sports screen to watch IndyCar races and fireworks in the evening taking place, rain or shine, at Main Street in Speedway, Indiana. General admission is free.

Besides the music, fireworks and car show, there is a lot to experience at “Festival on Main”:

  • 2 beer gardens featuring 8 local breweries
  • Food trucks
  • Ruth Chris Tent with Fuzzy vodka special drink
  • Zip line
  • Major kid zone with bounce houses, race track experiences, crafts, rock climbing wall, dunk tank
  • Wine and canvas experience
  • IndyCar show cars and displays
  • IndyCar drivers and their families in attendance
  • Local Mascots
  • Robotics area
  • And much more…

All proceeds from the event will go to the Indy Family Foundation, a non-profit organization that aids those in the motorsports community who find themselves in financial need due to hardship caused by illness, injury or death.

Headliner for the Music Stage, Kerri Leigh, is the definition of an all American girl, born and raised in small town Wisconsin to a soundtrack of Patsy Cline and Willie Nelson from her grandparents’ turntable. Almost immediately Kerri began singing and belting out those country songs around the house. In 2011 she met singer/songwriter Craig Wilson and they began writing and performing all over the country.

“We are so excited to be performing on the Ice Miller Music Stage during the Indy Family Foundation’s Festival on Main. After the warm welcome we received performing at the Indianapolis Zoo’s Zoolala, and experiencing the sheer excitement of an Indianapolis crowd at that event, we can’t wait to join in Indiana’s passion for racing! The energy surrounding the Indianapolis Motor Speedway’s racing season both at this Friday’s Festival on Main, and two weeks from now at The Indianapolis 500’s Carb Day is just awesome.”

To learn more about the event and Indy Family Foundation, please click here.

Ice Miller is a proud sponsor of the Center for the Business of Life Sciences at the IU Kelley School of Business conference focusing on Informatics/”Big Data” Uses and Challenges in the Life Sciences. Attorney Tom Walsh is moderating the afternoon panel on “Implementing Big Data Issues” on May 9, 2014 at the Indiana Government Center.

Tom’s discussion will show how the use of business analytics is revealing a wide range of insights across a variety of industries.  He will answer questions such as:  How applicable is the “crunching of big data” to the pharmaceutical and medical device sectors? Do privacy requirements make it more difficult to glean information? Can such insights point to potential new products or different uses for ones already on the market?

Afternoon Panel Members Include:

·         Tom Walsh, Partner, Ice Miller LLP, Panel Moderator

·         Michael Mattioli, Associate Professor of Law, Indiana University Maurer School of Law

·         Buck Woody, Senior Technical Specialist, Global, Microsoft Azure Team

·         Titus Schleyer, M.D., PhD, Director of the Center for Biomedical Informatics, Regenstreif Instritute

·         Stacey Yout, Covance

To see the full agenda and to register please click here.

Ice Miller attorney  TJ Johnson was recently featured on Fox Business News for being the co- creator of ‘The Pocket Drone.’

TJ and his partner Timothy Reuter created a personal drone that makes high definition action photography accessible and convenient for consumers.  The Pocket Drone is the first ever drone that folds to the size of a 7-inch tablet, but still has the ability to carry a high-quality camera. The $495 retail price includes everything a consumer needs to fly the drone, except the camera.  In the three months since The Pocket Drone was introduced, Reuter and Johnson have booked orders of nearly  $1 million.

TJ asserts that “Designing and building products like ‘The Pocket Drone’ helps ensure that I am up to date with current technology and have some fun in my free time.  Personally experiencing the same challenges as our clients helps me understand their process and be better prepared to assist them throughout their business and product development.”

As an engineer with a background in designing and building electronic control solutions for motion control systems, Johnson has always been involved in projects such as this one.  Before pursuing a legal career, he started his own business designing and building embedded systems in his hometown of Reno, Nevada.

To see the interview, please follow this link: http://bit.ly/1n8oUHY, or visit www.airdroids.com for more information on The Pocket Drone.

Ice Miller Proudly Supports Junior Achievement

Posted by L. Marcum On March 31, 2014

Ice Miller was the proud VIP sponsor of Junior Achievement’s 26th Annual Central Indiana Business Hall of Fame event on February 20, 2014 at the Indiana Roof Ballroom. Close to 600 business leaders and their guests gathered to honor outstanding men and women who epitomize success in the business world, high moral and ethical standards, and dedication to important civic causes, thereby improving the quality of life in our community. Congratulations to our clients who were named 2014 Laureats:

  • Billie Dragoo – Founder, President and CEO, RepuCare
  • Dave P. Lindsey – Founder, President and CEO, DEFENDER Direct
  • David E. Simon – Chairman and CEO, Simon Property Group, Inc.
  • Michael Smith, Retired EVP/CFO, Anthem

The evening began with an exclusive VIP reception where Ice Miller Chief Managing Partner Phil Bayt spoke about Ice Miller’s appreciation of Junior Achievement. The mission of Junior Achievement aligns with Ice Miller’s efforts in the community, and our firm is grateful to past and present Laureates.

Junior Achievement students participated in the evening’s events, which included stories about the advancements made by the organization. Many Ice Miller attorneys attended the event to support the work  Junior Achievement and the Laureates do for the community.

2014 Laureates enjoyed meeting and listening to Junior Achievement students at the 26th Annual Central Indiana Business Hall of Fame event.

(left to right: Michael Smith, Phil Bayt, Andre Lacy)

Chief Managing Partner of Ice Miller, Phil Bayt, with 2014 Laureate Michael Smith and Chairman of the Board of LDI, Lt. Andre B. Lacy.

(left to right: T.J. Cole, Jason McNiel, Holiday Banta, Jessica McNiel, Joshua Christie, Julie Gasper, Andrew Vento, George Gasper)

Ice Miller attorneys and their guests attended the black tie affair to support Junior Achievement and the 2014 Laureates.

Chief Managing Partner of Ice Miller, Phil Bayt, speaking at the VIP reception in front of distinguished guests and the 2014 Laureates discussing his appreciation for Junior Achievement, what it contributes to the community and how Junior Achievement aligns with Ice Miller’s goals for civic involvement.

Ice Miller attorney Melissa Proffitt Reese and Eric Bedel of the Greater Indianapolis Chamber of Commerce at the Junior Achievement 26th Annual Central Indiana Business Hall of Fame event.

Ice Miller Supports TechColumbus Entrepreneurs

Posted by S. Rector On March 27, 2014

Technology-focused entrepreneurs in Columbus, Ohio, have a great resource in TechColumbus. Each year, more than 500 emerging technology companies reach out to TechColumbus for services and funding to grow into sustainable, profitable businesses.

Ice Miller is proud to support TechColumbus through the TechColumbus Expert Network (EN). EN is made up of like-minded professional service firms who understand the importance of helping emerging technology companies in Central Ohio grow into the economic drivers of tomorrow.

As part of EN, Ice Miller offers pro-bono and specially priced legal services to TechColumbus’ startup clients. Our firm helps entrepreneurs with a full range of services, including intellectual property protection, labor law advice, business structure and capital formation.

When we meet with TechColumbus clients, we begin with a discussion about the business itself—where the company is with its business plan and the entrepreneurs’ near-term and long-term goals. From there, we work closely with the client to develop a strategic plan to accomplish legal goals in an efficient and effective way.

To learn more about resources available to your business through TechColumbus, contact Susan Rector at susan.rector@icemiller.com.

The U.S. Supreme Court agreed to hear arguments in American Broadcasting Companies, Inc. v. Aereo, Inc. sometime in April 2014. The online streaming copyright infringement case has been watched closely by many in the entertainment and technology industries, as the Supreme Court’s ruling may change the way broadcast companies do business.

Background

Originally filed in New York in 2012, several broadcasters, including ABC, NBC, CBS and Fox, sued Aereo for copyright infringement. Aereo is an online streaming subscription service that functions much like the infrastructure in the landmark Cablevision decision. Aereo owns thousands of standard television antennas, just like the ones an average person would use to receive broadcast stations. Aereo then assigns customers an individual antenna for a fee of $8-$12 a month. Customers can record and stream live broadcasts through the internet and view on his or her computer, tablet or smartphone.

Although a customer could use an antenna the same way as Aereo without legal implications, the plaintiff broadcast companies argue Aereo is guilty of copyright infringement because it is retransmitting performances in violation of the plaintiffs’ public performance rights. The plaintiffs sought a preliminary injunction two weeks before Aereo was set to launch in the New York area. The district court denied the injunction, holding that while the broadcasters would likely suffer irreparable harm if Aereo was allowed to launch, they did not show a likelihood of success on the merits of their copyright claims. The court relied on its prior decision in Cablevision, which held that a system where customers could record television broadcasts on a remote hard drive assigned to each individual customer was not a retransmission because the potential viewing audience was limited to that specific customer. The 2nd Circuit Court of Appeals upheld the district court’s decision in April 2013.

While Aereo was being appealed in New York, two other cases involving nearly identical subscription streaming services reached the courts in Los Angeles and Washington, D.C. The broadcasters were successful in both of those cases, and the courts held the streaming companies violated the broadcasters’ public performance rights when they did not pay to retransmit the broadcasts. As a result of these conflicting opinions among the circuits, Aereo was ripe for the Supreme Court.

Impacts of Supreme Court’s decision

The road to the Supreme Court was unusual because typically, the party who won in the appellate court fights a petition for certiorari. Here though, Aereo joined the petition so that the case could be resolved on the merits and Aereo would know once and for all if other suits could be brought against it in other jurisdictions. Other parties are more concerned by the underlying issues of the case and filed briefs in support of the petition for certiorari. Some of the parties that filed amicus curie briefs in support of the broadcasters include the National Football League and National Baseball League; the American Society of Composers, Authors and Publishers (ASCAP); Broadcast Music Inc. (BMI); Time Warner; Metro-Goldwyn-Mayer; and the Screen Actors Guild. While no briefs have been filed yet in support of Aereo, the Computer Communications Industry Association, which includes members Yahoo, Google, Facebook and Amazon, initially filed a brief supporting Aereo with the Court of Appeals.

The broadcasters believe a verdict upholding the 2nd Circuit decision will destroy the business models of all broadcasting companies. Fox went so far as to threaten that the company would convert to a cable pay-tv channel if Aereo was not forced to shut down. The underlying problem for the broadcasters is that a significant portion of their revenue comes from retransmission fees paid by cable and satellite providers to rerun shows. The 2nd Circuit’s ruling opens the floodgates for other services to use an Aereo-like infrastructure to avoid paying the broadcasters. Therefore, the broadcasters fear that soon, no one will pay to retransmit copyrighted shows and the broadcasters will lose a significant portion of their revenue.

Aereo argues that the case is about the right of every American to use a television antenna. In so doing, it frames the issue around putting the control and choice back into customers’ hands as to what television programming the customer wishes to watch. Significantly, Aereo also raises the argument that customers have a right to use new technology, which includes the cloud, to access broadcasts through an antenna and DVR.

The Court’s decision will likely have far reaching implications. If the Court upholds the 2nd Circuit’s ruling that the broadcasters are unlikely to prevail on their infringement claims, broadcasting companies will have a strong incentive to abandon their free-to-customer business model in favor of pay-tv stations, just to recapture the lost retransmission fee revenue. While this will reduce the free content available to the public, a Forbes article reporting a recent SNL Kagen statistic shows that of the 114 million homes with a television in the United States, 103 million already pay for cable or satellite services. Therefore, a very small percentage of TV’s would be affected.

From the other side, companies that rely on cloud technology are following the case closely as a decision overturning the Second Circuit may impact how companies can offer cloud-based services to customers. Specifically, the Court has the opportunity to overrule Cablevision, which may alter a company’s ability to use the cloud without violating copyright laws.

The Court will hear arguments in April and is expected to reach a decision this year.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader’s specific circumstances.

On Sept. 10, 2013, the 9th Circuit Court of Appeals affirmed the district court’s refusal to dismiss claims brought against it under the Federal Wiretap Act, 18 U.S.C. § 2511 (the “Wiretap Act”) in Joffe, et al v. Google, Inc.  The claims arose out of Google’s collection of data from unencrypted Wi-Fi networks in the course of capturing photographs for Google’s Street View. 

Street View, launched in 2007, allows Google Map users to  see street-level photographs of the area being viewed.  The photographs are captured by cameras mounted on vehicles owned by Google that photograph their surroundings when driving on public roads.   Between 2007 and 2010, in an effort to improve its location-based services (like driving directions), Google equipped these cars with Wi-Fi antennas and software able to collect data transmitted by nearby Wi-Fi networks. The software was intended to collect only basic information about the Wi-Fi networks, such as the network’s name, the signal strength, and whether the network was encrypted.

However, the software and antennas collected much more information than its original purpose, including data sent and received over unencrypted Wi-Fi networks. Specifically, the cars collected “payload data,” or anything transmitted by a device connected to a Wi-Fi network. The information included personal emails, usernames, passwords, videos, and documents from anyone who was using an unencrypted Wi-Fi network when the car drove past. The cars collected payload data in more than 30 countries.

In 2010, Google acknowledged that its vehicles had been collecting fragments of payload data, publicly apologized, and rendered inaccessible the personal data that had been acquired.  Shortly thereafter, several putative class-action lawsuits were filed, each of which was transferred by the Judicial Panel on Multidistrict Litigation to the Northern District of California.  The plaintiffs alleged that Google violated several state privacy law claims and the Federal Wiretap Act, which makes it unlawful to intercept certain communications and serves to protect wire, oral, and electronic communications.

 Appealing the district court’s denial of its motion to dismiss the Wiretap Act claims, Google argued that the data transmitted over the unencrypted Wi-Fi networks were “electronic communications…readily accessible to the general public,” and therefore its actions were exempt from Wiretap Act liability pursuant to 18 U.S.C. § 2511(2)(g)(i). Specifically, Google argued that 1) Wi-Fi is a type of radio communication, which under the Act is by definition readily accessible to the public and 2) if Wi-Fi is not a radio communication, it is still readily accessible to the public under the general meaning of the phrase. The 9th Circuit disagreed with both arguments. In rejecting the second argument, the court specifically explained that data transmitted via Wi-Fi is not “readily accessible” as it has a small range (less than 330 feet), can only be intercepted and interpreted with sophisticated hardware, software, and expertise that the general public lacks.  While recognizing that the hardware and software required could be purchased at many electronics stores, the court reasoned that if a person of the public were to somehow receive such data, that person would only interpret it as white noise.

As explained this New York Times article, the next step is for the  plaintiffs to seek class certification.  If the plaintiffs are successful, the class could include millions of people, exposing Google to significant damages.  Privacy and consumer watch groups are also pleased with the 9th Circuit’s ruling.  The executive director of the Electronic Privacy Information Center, Marc Rotenberg was quoted in this CBS/AP article, calling the ruling “a landmark decision for Internet privacy.”  John M. Simpson, Consumer Watchdog’s privacy project director, called it a “tremendous victory for privacy rights.” 

While Google has claimed that a “rogue engineer” was at fault, a Federal Communications Commission investigation concluded that the engineer was merely acting without supervision. As explained in this CNET article, Google has already reached a $7 million settlement with 37 states and the District of Columbia over this collection of data from unsecured wireless networks.  Google also agreed to destroy the collected data, create a new employee training program on protecting consumers’ privacy, and launch a national ad campaign educating consumers on how to protect their privacy online.  With regard to that settlement, Google released this statement:  “We work hard to get privacy right at Google.  But in this case we didn’t, which is why we quickly tightened up our systems to address the issue.  The project leaders never wanted this data, and didn’t use it or even look at it.”  It is yet unclear how Google’s settlement with these states may impact the Joffe putative class action.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader’s specific circumstances.

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