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

The Anniversary Edition!

Dow Lohnes Turns 95!
ISSUE #04 JUNE 2013

CONTENTS

CONTENTS JUNE 2013

04

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 12

Matt Parrish

Attorney Spotlight

Digital Millennium Copyright Act Turns 15!

Lets Go Crazy:

15 16

Barbara Wall, Gannett Company, Inc. Vice President and Senior Associate Counsel

Client Spotlight

The Comeback Kid:

Lamont Peterson

19

11th Annual Easy Ryder Cup Tournament

WELCOME

LETTER FROM THE

EDITOR

While you may not have heard of philosopher George Santayana, you have most likely heard some variation of his famous saying, Those who do not remember the past are condemned to repeat it. For Dow Lohnes, a law firm that has now been in existence for nearly a century, we use the occasion of our 95th anniversary to look back at our history and early years. But unlike Santayana, we strive to repeat the past since so much of the history that our founding partners set forth exemplifies the values that are still core to our firm. As our named partners Fayette Dow and Horace Lohnes did in the early 20th century, we endeavor to continue to evolve and grow with the industries in which we work. We seek to attract diverse and devoted attorneys and professionals who encourage a culture of excellence. And most importantly, we aim to nurture the relationships and strengthen the service we provide to the tremendous set of clients who we are so fortunate to serve. For without them, none of these last 95 years would have been possible.

magazine team
Magazine Team
EDITOR: Erin Dwyer e: edwyer@dowlohnes.com HEAD OF DESIGN: Nikki Cipolla e: ncipolla@dowlohnes.com

Contributors
Alida Barletta Joan Hendricks Kristin Leavy Ji Prichard Jennifer Sugiyama Andrea Williams David Wittenstein

Contact us:

Do you have questions, feedback or story ideas? If so, Connect with us at: connect@dowlohnes.com @dowlohnes

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

COVER STORY

HAPPY 95 DOW LOHNES!

th
A Look Back at the Early Years of the Firm1
The year 1918 was filled with momentous events both globally and domestically. World War I -- at the time one of the bloodiest battles the world had ever seen -- officially came to an end in November. In the U.S., Congress authorized time zones and approved Daylight Savings. And while it would be two more years before women officially were granted the right to vote, the first steps toward suffrage were taken with the U.S. House of Representatives passing an amendment to allow women to vote. In Washington, DC, Sunday baseball was made legal after district commissioners rescinded the ban in response to the large increase in the citys wartime population and the need for more recreational activities. And while the year saw residents of Washington enjoying Sunday baseball for the first time, a particular Washingtonian, Fayette Dow, left the Interstate Commerce Commission2 to set up a private law practice. Mr. Dows original practice focused on the oil industry. He was Washington counsel to the National Petroleum Association, co-founded and was named counsel of the American Petroleum Institute, and eventually took part in creating the Oil Code under the National Recovery Act of 1933 after advising the U.S. government during World War I on oil and defense transportation matters. As Dows practice grew, he attracted clients outside the oil industry, including fruit shippers, chemical transporters, and eventually, radio broadcasters evolving from his oil clients use of geophysical radio stations for oil exploration. The firms first radio matter was in 1923, the same year that a young World War I veteran, Horace Lohnes, joined the firm. When a dispute arose over a licensing renewal for several of the geophysical radio stations, Lohnes successfully resolved the matter and one of the first careers in communications law was launched. Four years later, Congress passed the Radio Act of 1927, creating the Federal Radio Commission. Lohnes was involved in its creation and his broadcast practice on behalf of standard AM broadcast stations flourished. In 1934, the Communications Act of 1934 was passed, creating the Federal Communications Commission (FCC) and a whole new regulatory regime for radio and broadcasters. Yet Horace Lohnes did not recognize the opportunities this would create for his practice. When he received a letter that very year from a law student with a great interest in radio law, Fred Albertson -- who had seen a story on Lohnes practice in his fraternity newsletter -- Lohnes replied, I can appreciate your interest in radio law[but] the opportunities in this field for a young lawyer, I believe, to be extremely limited. Albertson persisted and eventually Lohnes relented. He was hired in 1935 for a salary of $1000 for the first year and with the understanding he was to do his own typing and filing. Notably, Albertson was the ninth attorney to be hired by the firm. Three years earlier, Dow had hired his long time secretary, Mary Casey Mallon, as an associate attorney after she studied law at night and earned a law degree in 1932. In a sign of the times, she was shown on the letterhead as M.C. Mallon. In the same year Albertson was hired, a former statistician for the petroleum industry, Catherine F. Dolan -- aka C.F. Dolan, who also earned a law degree at night -- was hired. Ms. Dolan and Mr. Albertson would eventually marry (at which point, she left the firm). Between 1935 and 1942, nine additional attorneys joined the firm and the broadcast practice grew to boast an impressive list of clients including Major Edwin H. Armstrong (inventor of the FM radio), John Fetzer (who went on to purchase the Detroit Tigers), singing cowboy, movie star, and tycoon Gene Autry, the Westinghouse Company, and many major newspapers and radio stations.

1 With credit to and much of the information cited from, A History of Dow, Lohnes & Albertson (1918-1993) on Its 75th Anniversary, 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.

COVER STORY

The Way We Were: What Life Looked Like in 1918

$.03 - Cost of a first-class postage stamp $.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 15 Number of states that ratified the 18th amendment in 1918, establishing the prohibition of alcoholic beverages in the U.S. 100 million Number of gramophone records sold worldwide 25 million Number of people killed in the influenza pandemic of 1918 more than died in all the wars of the 20th century combined. In New York City, the first three-colored traffic light is introduced The Sedition Act of 1918 was passed by Congress, making disloyal, profane, scurrilous, or abusive speech about the U.S. government, its flag or its armed forces an imprisonable offense.

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!

FEATURE STORY

AN ANNIVERSARY WE WONT BE CELEBRATING:

100 YEARS OF INCOME TAXES

BY: Ji Prichard, Senior Counsel EMAIL: jprichard@dowlohnes.com

Aside from the founding of a great law firm, what else happened in 1918? The United States Bureau of Internal Revenue adopted the name Internal Revenue Service, to stress the service it provided to taxpayers. And while 2013 is the 95th anniversary of the IRS, it also marks the 100th anniversary of the ratification of the 16th amendment, the one that gave Congress powers to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration. Although the federal government had previously imposed income taxes (most notably to fund the Civil War during the 1860s), it was the first time that the power to levy taxes on a persons income became a permanent fixture in the U.S. taxing system. Prior to 1913, tariffs, customs duties, and excise taxes were the main sources of government revenue, unless temporary measures were in place to tax personal income. According to one source, tariffs and excise taxes made up nearly 90 percent of all revenue collected between 1868 and 1913. What set the course for the ratification of the 16th amendment was the recognition that funding a government primarily through ever-increasing tariffs and excise taxes was simply bad economic policy. Making a bad policy worse was the fact that the obligation often fell disproportionately on the middle class, shielding the more affluent land and property owners from having to pay taxes on the income generated from these assets. In the end, a federal tax on personal income settled the debate, albeit briefly, on the need for an alternative revenue source. By 1918, the notion of taxing a persons income was a mainstream idea. If you thought todays top marginal tax rate was high, the top marginal rate on personal income in 1918 was at a whopping 77%, up from 7% in 1913. This increase (no doubt fueled by the costs of WWI) resulted in the tax revenue surpassing the billion dollar mark for the first time to $3.6 billion in 1918, representing about 25% of GDP, and paid by just 5% of the population.

But as my 95 year-old grandmother is known to reminisce from time to time, things were simpler back then. The much maligned Form 1040 as we know it today was a mere four pages long in 1918, and that included the instructions. Yet even then, many complained about the income tax forms being too complicated. The government must have anticipated this collective cry for simplicity, because when the first filing was due in 1914, no taxes were actually collected; taxpayers were required only to return a completed form for the field agents to check for accuracy. Finally, for those of us who every year find ourselves wishing for just a little more time to complete our returns or to gather our shoe box full of work papers, heres some perspective on the current filing deadline of April 15. In 1913, Congress set the original deadline for Form 1040 at March 1. The deadline was changed to March 15 in 1918, and remained there until 1954 when the date was moved to April 15. Although its far from clear, one possibility for twice delaying the filing deadline was to address the serious staffing shortage at the Internal Revenue Service. As tax revenues and the number of people filing returns grew dramatically, its not surprising that the modest unit charged with handling personal income taxes struggled to cope. By 1918, the agency employed total staff of 9,600, and in the following three years that number roughly doubled. Of course, the later deadline also gave the government a bit more time to hang on to the taxpayers money before issuing refunds. So whatever the reason for April 15, it could have been worse.

About the Author: Ji Prichard has a broad range of experience in federal tax planning and transactional tax matters, including taxable and tax-free acquisitions, dispositions, mergers and spin-offs for large public corporations as well as closely held companies, and structuring of partnerships and joint ventures.

ATTORNEY SPOTLIGHT

ATTORNEY SP
Associate EMAIL: mparrish@dowlohnes.com

MATT PARRISH
Shortly after joining the Dow Lohnes Litigation practice as an Associate in the Atlanta office, Matt Parrish picked up his first pro bono case. I hadnt done any pro bono work at my previous firm, but one of the first cases I got at Dow Lohnes was for the Atlanta Volunteer Lawyers Foundation (AVLF). After Matt achieved a positive outcome for his first AVLF client, he was hooked. He began volunteering with the AVLF Saturday Lawyer program. In the three years since then, Matt has taken five cases and gotten five positive results for his clients. Its been a great opportunity to work on cases that, while smaller than your average Dow Lohnes litigation matter in terms of dollars, can often mean a great deal to the individuals youre representing, Matt tells us. Recently Matt represented an elderly client, Ms. Jones (name has been changed), with significant mental and physical health issues whose stepson had taken advantage of her by coaxing her into co-signing an auto loan for him. Even though she lacked the capacity to understand what she was signing, she agreed and, not unexpectedly, the truck he bought was bigger than she could ever use, and the payments bigger than she could ever afford. The stepson defaulted on his payments, and soon the bank was pursuing Ms. Jones for the full balance of the loan, which was three times her annual income. Ms. Jones only significant asset, the one that had made her an attractive co-signer, was her house. When the bank filed a collection action against her, the prospect of losing the house in a forced sale became a real possibility. Clearly Ms. Jones needed an attorney to defend the lawsuit, and now that she understood the situation, it was also important to her to see that the debt was resolved fairly. With limited resources, she needed a creative solution to do that. Thats when she met Matt through AVLF. My first 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 effect of sparking a conversation among Ms. Jones adult children about working out a plan to pay the debt. In the meantime, Matt made it clear to the bank that the contract was unconscionable, procured under duress, and lacked a meeting of the minds. Reluctant to engage in protracted litigation on these issues, the bank began to negotiate a settlement with Matt and his client. Everyone loves a happy ending, and thats what Matt was able to secure for his client. Matt crafted a solution that allowed Ms. Jones to keep her house and pay off the debt. All she needed was an advocate who was willing to sit down with her, he says. Just someone who would get to know her case, and help her out of a bad situation. It was very rewarding to be able to do that and know that she still has her home.

TLIGHT:

FIVE FAST FACTS

Whats something else youve recently been successful at outside of the office? Im running one of those crazy obstacle courses where you run through fire, 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 lateseason collapse. So Fantasy Football is not your forte, but we heard that you correctly picked the March Madness winner this 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. The closest I have come is spending a weekend playing blackjack at a casino in Gulfport, Mississippi. Which is to say, not close. Give me another fun fact about yourself. In junior high school I was a member of a state championship parliamentary procedure team. I knew a lot about Roberts Rules of Order for a fourteen-year-old.

NEWSMAKERS

DOW LOHNES
Quoted
Education article, College in Georgia Sues for Right to Post Billboard in Tennessee.

The firms movers, shakers, and newsmakers!

NEWSMAKERS
May 15, 2013 Greg Ferenbach was quoted in The Chronicle of Higher
Journal article, Aereo Gets a Court-Ordered Boost or a License to Steal Depending on How You Look at It.

April 2, 2013 David Wittenstein was quoted in the Upstart Business

May 10, 2013 David Long was quoted in the Bloomberg article, Patent
Court Torn on Whether Software Deserve Patents.

and Regulatory Aspects of MOOC Mania was published by University Business Magazine.

March 26, 2013 Michael Goldstein and Greg Ferenbachs article, Legal

Urge Sweeping Overhaul of Copyright Law.

April 30, 2013 Kristin Leavy was quoted in the LAW360 article, Lawyers April 26, 2013 Matthew Rizzolo was quoted in the LAW360 article,

Google Emerges from FTC Antitrust Probe Largely Unscathed.

March 26, 2013 David Long was quoted in the Inside Counsel article,

March 25, 2013 Michael Goldstein was interviewed for the LAW360
article, 5 Tips for Making It Rain.

Landmark Motorola FRAND Ruling May Serve as Roadmap.

Lohnes Sports & Entertainment client Aaron Mellette for the article, Ready and Waiting: Elon Receiver Prepared for NFL Draft Call.

April 26, 2013 Jeff Whitney spoke with The Times-News about Dow

ITC Clears Microsofts Xbox in Patent Case.

March 22, 2013 David Long commented in The Wall Street Journal article, March 22, 2013 Michael Goldstein was quoted in the Silicon Valley

Business Journal article, Delayed Graduation? Edu-tech Offers a Fix.

April 16, 2013 Adam Chase commented in The Seattle Times article,

Mariners Acquire Majority Stake in Regional Sports TV Network That Could Bring in Millions.

Circ. Could Take the Coin Flip Out of Patent Appeals.

March 21, 2013 Bruce Wieder was quoted in the LAW360 article, Fed. March 21, 2013 Michael Hays was quoted in the Inside Higher Ed article,

April 16, 2013 Adam Chase was quoted in The Huntsville Times article,
The SEC Channel through the Eyes of Sports Media Consultants.

Now What? Gainful Employments Future Uncertain after Court Ruling.

Asus Targeted in Wi-Fi Patent Blitz.

April 12, 2013 Matthew Rizzolo was quoted in LAW360s article, Apple, April 9, 2013 Jonathan Hart commented in the Honolulu Civil Beat

Attorneys Pro Bono Commitment was published by Atlantas Daily Report.

March 19, 2013 Matthew Parrishs article, Win for Elderly Client Fuels

article, Who or What Is a Journalist These Days?

Marking Statute Should Cover All Patent Claims, was published in Law360.

March 14, 2013 Bruce Wieder and Matthew Rizzolos article, The

NEWSMAKERS

9
March 11, 2013 John Hoovers article, Final Regulations on April 28, 2013
Congratulations to the Dow Lohnes attorneys who were honored as top attorneys in the 2013 edition of Washington, D.C., Super Lawyers. Partners Len Baxt (M&A), John Feore (Communications), Michael Goldstein (Schools & Education), Jon Hart (First Amendment, Media and Advertising), Michael Hays (Business Litigation), and Anne Swanson (Communications) were honored along with Senior Counsel Kristin Leavy (Intellectual Property) who was recognized as a Super Lawyers Rising Star.

Entertainment Use of Business Aircraft, was published by the National Business Aviation Association.

Times article, Cablevision-Viacom Antitrust Lawsuit: A Big Deal for the Cable Industry, If Not Your Cable Bill.

March 2, 2013 Parker Erkmann was quoted in the International Business

Provides an Extraordinary Tax-Saving Opportunity to Owners of Business Aircraft in 2012 was published in BloombergBNA.

February 26, 2013 John Hoovers article, IRS Guidance Inadvertently

February 28, 2013

article, Reading, Writing, and Regulation in Online Education.

February 25, 2013 Michael Goldstein was quoted in the Corporate Counsel

Congratulations to Dow Lohnes Partners Peter Canfield and Tom Clyde who were recognized as the top attorneys in First Amendment/Media/Advertising in the 2013 edition of Georgia Super Lawyers, and Peter Coffman who was recognizedinLitigation. Lesli Gaither was recognized asa Rising Star in First Amendment/Media/Advertising and Jason McCarter was also honored as a Rising Star in Business Litigation.

February 17, 2013 Todd Gray commented in the GreenvilleOnline.com

article, Rise of Internet Learning Creates Haves, Have-nots among Students.

Dow Lohnes Wins Victory in Rural Interconnection Case

On April 16th, the U.S. District Court for the District of North Dakota issued a summary judgment decision affirming a decision by the North Dakota Public Service Commission granting Dow Lohnes client Midcontinent Communications the right to interconnect its telephone network with Missouri Valley Communications in Williston, North Dakota. The decision means that Midcontinent can offer telephone service in competition with Missouri Valley in Williston, North Dakota, one of the communities at the center of the oil boom in that state. J.G. Harrington represented Midcontinent both at the North Dakota Public Service Commission and before the U.S. District Court.

Times article, Penguin and Random House: Merger or Marriage of Convenience? Either Way, It Will Probably Happen.

February 15, 2013 Parker Erkmann was quoted in the International Business

Weapon against Fraud was published in Georgia Health News.

February 5, 2013 Peter Canfields article, Whistleblowers Are Our Best

Honored
May 21, 2013
The MediaFinancial Management Association (MFM) presented Dow Lohnes Tax Partner Linda Fritts with its 2013 Working Capital Award. The award, which is given to an MFM member who has made significant contributions to help the Association achieve its goals, was presented to Fritts at the groups 53rd Annual Conference in New Orleans, LA. Dow Lohnes congratulates attorneys Michael Basile, Len Baxt, Richard Braunstein, John Byrnes, Peter Canfield, John Feore, Todd Gray, Ralph Hardy, J.G. Harrington, Jon Hart, Michael Hays, Michael Hines, Paul Lang, John Logan, David Mills, Christopher Redding, Anne Swanson, Bruce Wieder, Les Wiesenfelder, and David Wittenstein, all of whom have achieved AV Preeminent status, the highest possible Martindale-Hubbell Peer Review Rating designation.

April 30, 2013

IN THE COMMUNITY

10

Supporting our
Hearts with Hope Gala

Communities
The firm was pleased to participate in and/or sponsor:
Atlanta, GA Dow Lohnes was delighted to join some of the biggest and brightest leaders in the Atlanta community to sponsor the 25thAnnual Hearts with Hope Gala on May 4. Hearts with Hope benefits Partnership Against Domestic Violence (PADV), the largest nonprofit domestic violence organization in Georgia, providing compassionate and empowering support to battered women and their children in Atlanta since 1975.

T. Howard Foundation Diversity in Media Awards Dinner New York, NY

WHRO Pioneer Awards Virginia Beach, VA

Dow Lohnes was pleased to participate along with several 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 to diversify the multimedia and entertainment industry by increasing the representation of minorities within the industry via a comprehensive internship and professionaldevelopment program for college students.

The Hampton Roads Educational Telecommunications Association (WHRO) hosted the 2013 Pioneer Awards on April 20, honoring individuals and organizations who have made significant contributions in the fields of public broadcasting and educational telecommunications, and who have improved the quality of life in the Hampton Roads community. Dow Lohnes served as a sponsor of the event which supports WHROs local programming and education initiatives.

Home Court Charity Basketball Game Washington, DC

2013 Kettle Classic Washington, DC

The Hills Angels -- comprised of Members of Congress and their staff -- soundly defeated the Georgetown University Law Center faculty (Hoya Lawyas) on March 19th in the 26th Annual Home Court Charity Basketball Game. Dow Lohnes was proud to sponsor the event which raised over half a million dollars this year for the Washington Legal Clinic for the Homeless. The game has raised more than $5 million for the Clinic since its inception.

On April 20th, over 500 runners participated in the 2nd Annual Kettle Classic, which Dow Lohnes was pleased to sponsor. The race raises money for the Salvation Armys Turning Point Center for Homeless Women & Children, a transitional housing center located in the heart of Washington, DC, aimed at breaking the cycle of homelessness and poverty by offering families shelter for up to two years while mothers gain career and life skills to become self-sufficient.

Weltner Freedom of Information Banquet Atlanta, GA

Dow Lohnes was proud to sponsor the Charles L. Weltner Freedom of Information Banquet on March 14. Georgia Supreme Court Chief Justice Carol W. Hunstein was honored at the event and all funds raised benefited the Georgia First Amendment Foundation, which advances the causes of open government and freedom of information through education and advocacy.

Dow Lohnes Government Strategies sponsored the April 11th Q Street LGBT Equality Caucus Reception in Washington, DC. Q Street is the professional association of lesbian, gay, bisexual, and transgender lobbyists and public policy advocates, and those working for LGBT equality.

LGBT Equality Caucus Reception Washington, DC

With Liberty & Justice for All Dinner Islip, NY

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

HATS OFF

11

HATS OFF
A special section dedicated to our clients and their latest accomplishments. Congratulations! DeVry Honored for Outstanding Support of Employee Service in the National Guard and Reserve
On February 14, 2013, DeVry was honored by the Illinois Committee for the Employer Support of the Guard and Reserve (ESGR), an agency of the Department of Defense, with an Above and Beyond Award in recognition of its support of employee service in the National Guard and Reserve. The award is presented each year to a limited number of Illinois organizations that go beyond granting leave for military duty to their National Guard and Reserve employees. DeVry offers an array of programs and support services for employees in the military and their families, including pay supplement and continuation of benefits during active duty time.

Hawaiian #1 On-Time for Ninth Consecutive Year

For 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 ranking in 11 of the 12 months and exceeding the industry average for the year by 11.5 percentage points.

West Marines Randy Repass and Geoff Eisenberg Receive 2013 Charles F. Chapman Award

TheNational Marine Manufacturers Association(NMMA) recognized Randy Repass (Chairman of the Board) and Geoff 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 at theProgressive Insurance Miami International Boat Show & Strictly Sail. First established in 1977, the Chapman Award recognizes individuals or groups that have provided consistent promotion and protection of the sport of boating and its benefits to both the recreational boating industry and the public. Repass and Eisenberg will donate their award to West Marines Blue Future, a company-wide effort to make the world a better place, focusing on sustainability in all its forms.

Overstock.com Wins 2012 Compuware Best of the Web Gold Award Again

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

Business Coalition for Maryland Offshore Wind Scores Legislative Victory

On April 9, Maryland Governor Martin OMalley signed the Offshore Wind Energy Act of 2013, a bill to spark an offshore wind industry on the Eastern Shore of Maryland and promote partnerships between the state and private sector. The bill will help create a farm of turbines in the ocean off the Eastern Shore and, according to OMalleys administration, will support almost 850 manufacturing and construction jobs for five years and an additional 160 ongoing jobs thereafter.

Scripps Lands Three on 2013 Most Intriguing People List

Congratulations to Scripps Networks Interactive Michael Smith, SVP and general manager, Cooking Channel; Tamara Franklin, SVP affiliate operations & new media distribution, Scripps Networks Interactive; and Lisa Choi Owens, SVP digital media, Scripps Interactive Group for being named to the 2013 list of Most Intriguing People by Cynopsis.

DIGITAL MILLENNIUM COPYRIGHT ACT

12

LETS GO CRAZY:

DIGITAL MILLENNIUM COPYRIGHT ACT TURNS 15!

BY: David Wittenstein, Partner EMAIL: dwittenstein@dowlohnes.com
What do Pandora, jailbreaking iPhones, and posting a video of toddlers dancing to Princes Lets Go Crazy on YouTube have in common? All of them are governed by the Digital Millennium Copyright Act (the DMCA), the groundbreaking, controversial legislation that brought U.S. copyright law into the digital age. This year we celebrate the 15th birthday of the DMCA. The DMCAs provisions have shaped the way the Internet functions. The law established safe harbors for Internet service providers (ISPs) and other online service providers that immunize them from copyright infringement damages if they comply with the safe harbor conditions. Separately, the law prohibited the circumvention or defeating of technological protection measures used by copyright owners to limit access to their content, while authorizing the Copyright Office to permit exceptions to this anti-circumvention rule to facilitate specific fair uses of content. Finally, and of particular importance to our radio clients, the DMCA established a statutory webcasting license to allow webcasting, and more generally, the streaming of sound recordings. Copyright law has always contained a tension between the rights of creators and users of copyrighted materialreflecting the competing but complementary goals of encouraging creative effort by giving creators the right to exploit their works and encouraging the free and open public discourse by giving people the right to use, refer to, and build on the works of others in a range of circumstances. Like all copyright legislation, the success of the DMCA can be viewed in terms of how it strikes the balance between these competing interests. Since the enactment of the DMCA, there have been many efforts and initiatives to change copyright law, usually in response to changes in technology.

Kristin Leavy, Counsel EMAIL: kleavy@dowlohnes.com

As distribution technologies have become more advanced and Internet speeds have increased, users have demanded new ways to consume content, while content owners have sought to control the distribution of their content and prevent unauthorized access. Recent initiatives by the copyright owners, such as the Stop Online Piracy Act (SOPA) and Protect IP Act (PIPA), which would have criminalized unauthorized streaming of content and prohibited ISPs, search engines and advertising networks from doing business with sites with pirated content, have failed in the face of grass roots opposition. The Copyright Office too is celebrating the 15th birthday of the DMCA -- by calling for Congress to design the next great copyright act. According to Maria Pallante, the Register of Copyrights, for copyright law to remain relevant, it must be functional and flexible in an increasingly digital age. With rapid evolution in technology, in the way people consume content, and in the business models of businesses that seek to capitalize on these changes, copyright law and policy will continue to be a battleground between the content and entertainment industries, on the one hand, and the technology, aggregator, and user communities on the other hand.

DIGITAL MILLENNIUM COPYRIGHT ACT

13

The Nitty Gritty on DMCA

Anti-Circumvention Under the DMCA, it is illegal to defeat or circumvent technology that effectively limits access to content, or to manufacture or provide a device primarily intended to circumvent access control measures. The anticircumvention rules have been used (successfully) to prohibit hacking of regional limitations on Playstation games, the evasion of CAPTCHAs (tests that tell human and computers apart online), and unauthorized World of Warcraft cheats, and (unsuccessfully) to prohibit aftermarket garage door openers and ink cartridges and hardware maintenance competitors. Recognizing that the anti-circumvention rules might unduly burden non-infringing uses of copyrighted materials, the DMCA authorizes the Library of Congress, which oversees the U.S. Copyright Office, to promulgate rules every three years that create exemptions from liability under the DMCAs anti-circumvention provisions. In last years triennial review, the Copyright Office permitted limited jailbreaking of cell phones (but not iPads or other tablets) so that they will work with any wireless carrier, but refused to create an exemption for space shifting content from one medium to another, such as shifting a movie from a DVD to an iPad. Safe Harbors for ISPs and other Service Providers The DMCA established safe harbors from copyright damages for online service providers, including ISPs and websites that host content provided by third parties. In order to qualify, online service providers must expeditiously block access to infringing materials if they receive a takedown notice from a copyright owner or its representative, cannot have actual knowledge of or receive a direct financial benefit from the infringement, and must notify the posters of the allegedly infringing content so they have the opportunity to respond. Viacom and YouTube have now spent more than 6 years in litigation, with Viacom claiming that YouTube is aware of massive unauthorized copying of Viacom content on its site, and seeking more than $1 billion in damages. In the latest, but by no means final, round, a court recently found that YouTube was protected by the DMCA safe harbors because, among other reasons, it did not have direct knowledge of the many infringing materials that were posted by users on its site. Although the DMCA provides an easy process for the removal of content posted without authorization, content owners must be careful not to be overly aggressive when sending takedown noticesa federal court found that Princes record label should have considered whether a 29 second video of toddlers dancing to the song Lets Go Crazy was a fair use prior to sending a notice demanding the removal of the video from YouTube. Webcasting The DMCA changed copyright law to give record labels a right with respect to the digital performance of their sound recordings. But the DMCA also contains a statutory license that permits webcasters, such as Pandora and traditional over the air radio stations, to stream music in exchange for the payment of royalties to the record labels. Ever wonder why you can only skip 6 songs an hour and cant make a Billy Joel-only station on Pandora? The DMCA restricts the number of songs that can be played by a single artist in a 3 hour period and requires all webcasts under the statutory license to be non-interactive, meaning that a user cant dictate that a particular song be played on demand

Tips for Reducing Risk of Copyright Liability

Since it may be a while before Congress passes the the next great copyright act, here are some general steps to consider to reduce the risk of copyright liability for your organization. Consider conducting basic copyright training for employees as appropriate (including identifying copyright infringement risks previously faced by your organization). Implement policies regarding the use of third- party copyrighted materials by your employees. Consider conducting occasional internal audits of your organizations compliance (including the terms of software and periodical subscription licenses). Develop and encourage the use of standard freelancer or independent contractor agreements, providing your organization with copyright ownership of, or very broad licenses to use the material created by the independent contractor, and when hiring freelancers and independent contractors such as software developers, writers, photographers or artists, to create materials for use in your organization and with its business. Confirm that your insurance policy covers claims of copyright infringement and related intellectual property claims.

ESQ. AKA

14

Jon Hill

ESQ.

Member EMAIL: jhill@dowlohnes.com

AKA: Pilot
Fifty five years ago, Dwight D. Eisenhower signed into law the Federal Aviation Act of 1958 creating the Federal Aviation Agency (now the Federal Aviation Administration or FAA). The FAA abolished its predecessor organization, the Civil Aeronautics Administration and was empowered to regulate and oversee all aspects of United States civil aviation as well as regulate safety and use of American airspace by both civilian and military aircraft. Six years later, in 1964, Dow Lohnes Aviation Practice head Jon Hill received his pilots license and has been an avid flier ever since. Already a licensed pilot by the time he graduated from law school, Jon was able to marry his love of flying with his career as an attorney. His first position was working for the FAA Chief Counsels Office and he now represents major passenger airlines, charter airlines, manufacturers of aircraft, aviation parts manufacturers, builders of unmanned aviation vehicles, as well as corporate clients in the publishing, chemical, and retail sectors of the economy. Despite his busy law practice, Jon has continued to serve as an active pilot and presently holds a commercial pilots rating, multi-engine land, and private pilots rating, single engine land and sea. And while the reasons for his flights have varied over the years, on March 9th Jon took off for a very special reason. Raising the landing gear on his A-36 Beech Bonanza - which, interestingly, was in production when the FAA was created in 1958 and continues to this day, the longest production run for any airplane -- Jon headed from Leesburg, Virginia to Gaithersburg, Maryland to pick up a young couple who needed transportation from the National Institute of Health (NIH), back to Michigan where their family of 6 children awaited the return of their mother who was receiving treatment for cancer at NIH. The flight was arranged by Angel Flight East, a 501 (c) 3 organization that, in coordination with other similar organizations across the country, provides free transportation for families who have been financially devastated by medical bills due to cancer, muscular dystrophy, accidents, organ transplants, and other serious or chronic conditions. Angel Flight East assists

patients from Maine to South Carolina and west to Ohio for transportation needs requiring travel outside of their immediate living area. There must be either a financial need or reason why public transportation cannot be utilized and patients must be able to be transported in a non-pressurized small aircraft. Jons flight that Saturday in March lasted about an hour and a half crossing Maryland, Pennsylvania, and Ohio landing next to Lake Erie at Burke Lakefront Airport in Cleveland, Ohio where a second volunteer pilot met the flight and the husband and wife, who make their living farming in central Michigan, transferred to a second flight to their ultimate destination. Founded in 1992, in response to community needs after Hurricane Andrew, Angel Flight East flew 17 missions the first year and has steadily grown. Last year, they had over 425 volunteer pilots in 22 states and flew over 750 missions. Jon has flown these flights for over 15 years -- averaging about a half dozen flights each year -- traveling from upstate New York to South Carolina. Angel Flight has coordinated flights for relief after 9/11; Hurricane Katrina; and Hurricane Sandy; in addition to daily flights that crisscross the country each day carrying patients to and from treatment facilities. After completing his mission and leaving the family in the hands of the second pilot, Jon headed back to Leesburg, Virginia where he landed ready to address such important events as a round of golf with his wife.

Jon in flight in his A-36 Beech

CLIENT SPOTLIGHT

15

CLIENT SPOTLIGHT: Gannetts Barbara Wall Brings Media Entrepreneurship Students to Dow Lohnes for Unique Learning Experience
This article was originally authored by and is being reprinted with the permission of the American University School of Communication.

In her role as Adjunct Assistant Professor at the American University School of Communication (SOC), Dow Lohnes client and Vice President and Senior Associate Counsel of Gannett Co., Inc., Barbara Wall, really pushes the envelope to give her students in SOCs Masters in Media Entrepreneurship (MAME) program a great experience. One of my goals in teaching the legal course for the MAME program is to expose the students to as many areas of the law as I can. I also want them to hear from the top practitioners in each of the fields we cover, she explains. Given the limits of classroom time, she developed a plan to take her Masters in Media Entrepreneurship media law class to Dow Lohnes, one of the top media and communication law firms in the country, where she has several contacts. Throughout the day, several of the nations lead attorneys in their specialties came by to speak to the students in 45-minute sessions tailored for the class. Topic areas included copyright, trademark, vendor contracts with corporate/tax/employment and there was 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 able to engage with attorneys as if they were my companys lawyers, with me asking questions, seeing their body language and experiencing a conversation. Im working on starting my own company, and I left Dow Lohnes that day knowing for certain the legal steps I needed to take in setting up my own venture. Wall was also pleased with the experience. When I approached [my contacts at Dow Lohnes] with the idea, they graciously agreed to host my class for the day. The result far exceeded my expectations: the students were engaged, the lawyers presentations were

spectacular, and to top it off, Mike DiFranza, founder of Captivate Network, came in to speak about his experiences as an entrepreneur at lunch. Captivate is a network of content screens in elevators throughout the nations office buildings and office campuses; it was acquired by Gannett in 2004. Why did Wall go to such lengths? The [MAME] program is built on a wonderful concept, has attracted bright and promising students and is being extraordinarily well executed. Im committed to giving them a broad, ranging overview of the law that affects media entrepreneurs. Barbara has always been one of our most successful adjuncts, says program director Amy Eisman, who also worked at Gannett. She is also the busiest person on the planet. But somehow she was intrigued enough about creating something new that she devoted countless hours to setting up one of our programs most memorable days. When I heard about it, I cleared my own calendar to attend. It was an extraordinary day.

About MAME: In a unique partnership, American Universitys School of Communication and its Kogod School of Business offer a Masters in Media Entrepreneurship (MAME) program aimed at training mid-career professionals to be key digital players in the new media landscape while they are working. The program targets the next generation of innovators, managers and idea leaders who will pioneer fresh concepts for news and information.

PETERSON COMEBACK WIN

16

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 Post wrote 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.

A little bit about Lamont:

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

NEW HIRES

17

WELCOME TO THE

TEAM
Brendan Koeth
returned 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, while he completed law school. Brendan received his J.D. with a Certificate in Securities Law from The Catholic University of America, Columbus School of Law, in December 2012. He received his B.S.B.A. in International Economics and Finance from Catholic in 2008. Prior to joining the firm, Brendan interned with the District of Columbia Department of Insurance, Securities and 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.

Henry Wendel

joined the Communications practice group as a first-year Associate on March 25. Henry was an exceptional paralegal for the COM group from January 2011 through May 2012. Since then, Henry worked as a summer associate for Wilkinson Barker Knauer, LLP and as a law clerk for the FCC in the Office of Commissioner McDowell. Prior to law school, Henry worked for two years as the Assistant Director of Residential Life at Johns Hopkins University and for several years as the Assistant Director of Student Judicial Services for The George Washington University. Henry is a 2004 graduate of the University of Arkansas, Walton School of Business (B.S., Business Administration - Economics); a 2006 graduate of Indiana University, Wendell School of Education (M.A., Higher Education and Student Affairs); and a December 2012 graduate of The Catholic University of America, Columbus School of Law. Henry was sworn into the Missouri Bar on May 22, 2013.

Kristy Woolf

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

AROUND TOWN

18

DOW LOHNES
May 29, 2013

AROUND TOWN
Meg Miller presented a session entitled Fun Facts about FCC License Renewal and Overall FCC Compliance at the Public Media Business Associations 2013 Annual Conference in Washington, DC. Students Affected by a School Closure, while Yockey-Fine presented Survivor: State Authorization Island.

April 16, 2013

May 21, 2013

Maureen Nagle was a panelist at the Media Financial Management Associations 53rd Annual Media Finance Focus Conference in New Orleans, LA. The panel, Media Transactions and Valuations looked at the latest terms structures and trends in valuations. Corporate Partner Bill Dudzinsky moderated the session.

J.G. Harrington presented Regulatory Developments Impacting Higher Ed Technology at The Association for Information Communications Technology Professionals in Higher Education (ACUTA) 42nd Annual Conference in San Diego, CA.

April 11, 2013

Liz Burdock,Vice President of Dow Lohnes Government Strategies, was invited to attend Maryland Governor Martin OMalleys signing of the Maryland Offshore Wind Energy Act in recognition of her work rallying the business community in support of the measure through her leadership of the Business Coalition for Maryland Offshore Wind. Governor OMalley gave her the signing pen for the bill.

May 20, 2013

Tax Partner Linda Fritts and Dow Lohnes Government Strategies Executive Vice President, Norm Lent were panelists at the Legislative Update program at the Media Finance Focus Conference in New Orleans, LA.

May 3, 2013

John Hoover presented Understanding Federal Excise Tax Exposure for Management Companies at the National Business Aviation Association (NBAA) Business Aviation Taxes Seminar in Washington, DC. David Long was interviewed on Bloomberg Televisions Bloomberg Surveillance regarding Googles $12.5 billion acquisition of Motorola patents.

April 9, 2013

April 29, 2013

John Feore joined National Association of Broadcasters (NAB) General Counsel Jane Mago and others for a discussion on the hot issues in the broadcast industry on a panel entitled Regulation Reprieve, Revival, Repeat or Retreat? at the 2013 NAB Show in Las Vegas, NV. David Wittenstein spoke on a panel entitled Copyright & the Internet: Giving Broadcasters the Cold Shoulder? at the ABA Forum on Communications Laws Representing Your Local Broadcaster: 32 Degrees of Local Broadcasting program held in conjunction with the 2013 NAB Show in Las Vegas, NV. Anne Swanson served on the program committee and Dow Lohnes was pleased to serve as a sponsor of the event.

April 7, 2013

April 29, 2013

Lisa Bureau and Becky Flake were presenters on a panel entitled Defining Regular and Substantive Interaction The Fuzzy Line between Online and Correspondence Education at the United States Distance Learning Association (USDLA) National Conference in St. Louis, MO.

April 28, 2013

April 4, 2013

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

Michael Pryor moderated The Growing Importance of IP Interconnection: What Are the Best Policy Options? at the 18th Annual Comprehensive Conference on Telecommunications Law in Seattle, WA.p Kristen Rasmussen participated in the University of Floridas Journal of Law and Public Policy Symposium on Media Law. She spoke on a panel examining U.S. v. Alvarez and the Stolen Valor Act: Should false statements of fact be protected under the First Amendment?

April 22, 2013

March 14, 2013

Jay Vaughan and Jeannie Yockey-Fine presented at sessions at the National Association of State Administrators and Supervisors of Private Schools (NASASPS) Annual Conference in Sacramento, CA. Vaughan presented the session, The School Closure Experience, Coming Soon to a State Near You: How Can States, Accreditors and the USDOE Work Together to Assist

EASY RYDER CUP

19

11th Annual

Easy Ryder Cup Tournament

On May 13, the Atlanta office of Dow Lohnes hosted the 11th Annual Easy Ryder Cup at Piedmont 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 Lohnes and 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 and Dow Lohnes members competed for bragging rights.

Photo 1: Team 2, comprised of an 18-hole team and 9-hole team, had the lowest aggregate score and were winners of this years Easy Ryder Cup. From left to right: James Carlson (CCI), Kevin Mills, Katie Blaszak, Erin Dwyer, and CCIs Robin Dunson, Linda Trickey and Judy Nussbaum. Photo 2: CCIs Mark Padilla and Jennifer Hightower convene post-golf with Kevin Mills, John Byrnes, and Tom Clyde who graciously hosted the event at Piedmont. Photo 3: David Lester strategizes about his next shot with CCIs Brian Carter and Patrick Davidson. Photo 4: Dow Lohnes attorneys and almost (professional) golfers Kristin Leavy and Lori Beth Ouzts warm up before the competition.

1200 New Hampshire Avenue, NW, Suite 800 Washington, DC 20036-6802 (202) 776-2000 Six Concourse Parkway, Suite 1800 Atlanta, GA 30328-6117 (770) 901 - 8800 www.dowlohnes.com