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Services Available
- On-line commerce and trade, business-to-business issues, and business-to-consumer transactions
- Patent, trademark, copyright, licensing, and related intellectual property issues
- Software development, marketing, and protection
- Financing issues relating to development, marketing, new business endeavors, private placements and public offerings
- On-line contracts and negotiations
- On-line communication laws and policies
- Contracts between on-line investors, creators and channels
- Legal and related business issues that arise in the creation of on-line technology
- Privacy issues
- Trade secret issues
- FTC issues
- Purchases and sales of software and other technology-oriented businesses
Our attorneys know the diverse issues that impact e-Business. More and more business involves the Internet and online technology becomes more regionalized, nationalized, and globalized every day. Dinsmore & Shohl LLP can develop e-Business solutions in a practical and cost-effective manner for any problem the future of online business may hold. Dinsmore & Shohl LLP’s various practice groups support each other as the need arises. Our e-Business attorneys have ready access to the firm’s other practice groups, enabling us to provide the comprehensive services to meet all of our clients’ needs. Representative Experience Owner of Nursing Home
Cable Television Company v. Owner of Nursing Home
Suit for use of cable television wiring Knight-Ridder (The Miami Herald)
Santos v. Knight-Ridder, Inc.
Action for defamation and jurisdiction Tribune Company USA (Chicago Tribune)
United States v. Dairy Farmers of America, Inc.
Newspaper effort of obtain documents sealed in a court file American Publishing Company
Welch v. American Publishing Company
Application of "actual malice" standard to publication of political advertisements The Courier-Journal, Inc.
University of Louisville Foundation, Inc. v. Cape Publications, Inc. The Courier-Journal
Whether a foundation connected to and controlled by a university is a public agency under the Open Records Law The Courier-Journal, Inc.
Roman Catholic Diocese v. Noble
Sealing of court documents and holding client in contempt for publishing information contained in the sealed documents Cape Publications, Inc.
Cape Publications, Inc. v. Braden
Legality of trial court order prohibiting media from communicating with jurors after completion of a capital murder trial Multiple Clients
Business Litigation
Will Montague has served multiple clients in complex business litigation matters involving a wide variety of legal issues and business industries. The following is a representative list of litigation matters for which Mr. Montague has served as lead counsel for his client or otherwise played a significant role in the litigation. Information Technology Industry litigation: - Lexmark International, Inc. v. Dialer & Business Electronics Co. Ltd., et al., U.S. Dist. Ct., E.D. Ky., 5:98-cv-00215-KSF (representation of plaintiff Lexmark in contract action against Taiwanese electronics company)
- Lexmark International, Inc. v. Play Industries, U.S. Dist. Ct., E.D. Ky., 5:99-cv-00168-HRW
- Play Industries v. Lexmark Int'l Inc., U.S. Dist. Ct., E.D. Calif., Case No. 99 CV 932
(lead counsel representation of Lexmark in product development litigation pending in multiple forums) - Integrated Circuit Systems, Inc. v. Lexmark International, Inc., Fayette Circuit Court, Case No. 99-CI-1018 (lead counsel representation of defendant Lexmark in contract litigation)
- Lexmark International, Inc. v. Grey Advertising, Inc., Fayette Circuit Court, Civil Action No. 00-CI-2533 (lead counsel representation of plaintiff Lexmark in advertising contract litigation)
- Lexmark International, Inc. v. NDC Systems, L.P., et al., U.S. Dist. Ct., E.D. Ky., Case No. 5:01-cv-00154-KSF (lead counsel representation of plaintiff Lexmark in computer systems contract litigation)
Banking and Financial Services Industry litigation: - Peoples Bank & Trust Company of Madison County v. The Aetna Casualty & Surety Company, U.S. Dist. Ct., E.D. Ky., Case No. 94-73 (representation of plaintiff bank seeking insurance coverage for losses occasioned by insider fraud)
- Caja Ahorros y Monte de Piedad de Gipuzkoa y San Sebastian v. North American Stainless, U.S. Dist. Ct., E. D. Ky., Case No. 3:96-cv-00091-JMH (representation of Spanish bank in multi-million dollar international banking litigation)
- First National Bank & Trust Co. v. Brant, et al., U.S. Ct. App., 6th Cir., Case No. 03-5533 (lead counsel appellate representation of plaintiff bank in multi-million dollar wire transfer litigation)
Health Care Industry litigation: - The Commonwealth of Kentucky and The University of Louisville v. Columbia/HCA Healthcare Corporation, Franklin Circuit Court, Case No. 95-CI-1891 (representation of Commonwealth of Kentucky and University of Louisville Hospital in medical industry litigation and related arbitration involving claims exceeding $100 million)
- T.J. Samson Community Hospital, et al. v. Southeastern United Medigroup, Inc., Anthem Blue Cross and Blue Shield, et al., Barren Circuit Court, Case No. 97-CI-00047 (representation of defendant Anthem Blue Cross in multi-million dollar class action claims asserted by hospitals regarding medical cost reimbursement claims exceeding $10 million)
Bankruptcy and Insurance Liquidation litigation: - Phoenix Corporation, Calumet Farm, Inc. v. Casty, U.S. Bankr. Ct., E.D. Ky., Adversary No. 93-5078 (representation of defendant in complex bankruptcy preference action)
- George Nichols, Liquidator for Kentucky Central Life Ins. Co. v. ABN AMRO Bank N.V., et al., Franklin Circuit Court, Case No.: 93-CI-196-AP-004
- In Re: Stephens v. ABN Amro Bank N.V., et al., U.S. Dist. Ct., E.D. Ky., 3:94-cv-00061-JMH
(representation of defendant entity owned by Merrill Lynch in complex insurance liquidation adversary proceeding and related federal court action involving claims exceeding $50 million) - AMCI Coal Sales, Inc. v. Mountain Mineral Coal Sales, Inc., et al., U.S. Bankr. Ct., E.D. Ky., Adversary No. 96-7003 (representation of plaintiff in bankruptcy adversary proceeding)
- Bank One, Kentucky, NA, v. NationsBank of Texas, NA, U.S. Bankr. Ct., E.D. Ky., Adversary No. 96-02058-wsh (representation of plaintiff BankOne seeking declaration of rights in bankruptcy adversary proceeding)
- Alminco, Inc. v. Bravo International Supply, U.S. Bankruptcy Ct., E.D. Ky., Adversary No. 99-5003 (representation of plaintiff in bankruptcy adversary proceeding)
- In Re: Russell Cave Company, Inc., The J. Peterman Company, U.S. Bankr. Ct., E.D. Ky, Case No. 99-50142 (representation of Chapter 11 debtor in various bankruptcy matters involving debtor's nationwide retail operations)
- Technologies International Holdings, Inc. et al., v. Commonwealth of Kentucky, et al., U.S. Bankr. Ct., E.D. Ky., Adversary No. 99-05074-wsh (representation of intervening plaintiff BankOne in bankruptcy adversary proceeding to protect $10 million security interest)
- Appalachian Regional Healthcare, Inc., et al., v. Turner, et al., Franklin Circuit Court, Case No. 05-CI-00344 (representation of defendant CEO of large workers compensation self-insured fund in $80 million litigation arising from insurance liquidation proceedings)
Equine Industry litigation: - Keeneland Association, Inc. v. Hollendorfer, U.S. Dist. Ct., E.D. Ky., Case No. 96-466 (representation of plaintiff Keeneland in equine litigation)
- Keeneland Association, Inc. v. Pegasus Bloodstock, USA, Inc., et al., U.S. Dist. Ct., E.D. Ky., Case No. 96-103 (representation of plaintiff Keeneland in equine litigation)
- Domino Stud of Lexington, Inc. North Ridge Farm v. Griffin, Fayette Circuit Court, No. 96-CI-2438 (representation of horse farm in boarding/lease dispute)
- Kentucky Standardbred Sales Company, LLC v. Waxman, U.S. Dist. Ct., E.D. Ky., Case No. 96-546 (representation of plaintiff in equine litigation)
Trust and Estate litigation: - Fon Rogers, Trustee v. The Pittston Company, et al., U.S. Dist. Ct., W.D. Va., Civil Action No. 92-0019 (representation of family trust in multi-million dollar business litigation)
- Ballou, et al. v. Ballou, et al., U.S. Dist. Ct., E.D. Ky., Case No. 95-264 (representation of family member in dispute regarding family trust)
- Powell v. Barsky, Bourbon Circuit Court, Case No. 99-CI-00033 (lead counsel representation of trustee in family trust litigation)
Other litigation: - Valera, et al. v. The Ohio Company, et al., Pike Circuit Court, No. 90-CI-471 (representation of defendant corporations in multi-million dollar class action securities litigation)
- Wade Swope Toyota, Inc. v. Toyota Motor Distributors, Inc., et al., U.S. Dist. Ct., W.D. of Ky., Case No.: 3:91-cv-00821-JGH-CCG (representation of defendant Toyota in multi-million dollar business litigation involving vehicle allocation system)
- The Aetna Freight Lines, Inc. v. R & J Manufacturing Co. et al., Scott Circuit Court, Case No. 96-CI-0008 (representation of plaintiff in international shipping dispute)
- Equal Opportunity Finance, Inc. v. Kentucky Highland Investment Corp., Laurel Circuit Court Case No. 97-CI-0431 (representation of plaintiff entity owned by Ashland, Inc., in multi-million dollar business litigation)
- Meatyard v. Greene, Fayette Circuit Court, Case No. 03-CI-1161 (representation of defendant in litigation regarding ownership of valuable photograph prints)
The Courier-Journal, Inc.
Courtier-Journal v. Marshall
Constitutional rights of the press and the parties involved in a dispute between the Ku Klux Klan and civil rights plaintiffs Kentucky Press Association
Kentucky Press Association v. Commonwealth of Kentucky
First Amendment issues dealing with closure of juvenile court proceedings. Multiple Clients
Intellectual Property Litigation
Will Montague has served multiple clients in intellectual property litigation matters involving a wide variety of subject matter areas. The following is a representative list of matters for which Mr. Montague has served as lead counsel for his client or otherwise played a significant role in the litigation. - Zavos Biotechnology, et al v. Medi-Cult A/S, U.S. Dist. Ct., E.D. Ky., 5:95-cv-00401-KSF (representation of Danish biotech company in trade secret litigation)
- Antec Corporation v. Moore Diversified Products, Inc., U.S. Dist. Ct., N. D. Ga., Case No. 1:96-cv-00189-WCO (representation of defendant / accused infringer in patent and antitrust litigation involving fiber optic cable storage technology)
- Marathon Ashland Petroleum, L.L.C., v. Duke & Long Distributing Co., W. D. Ky., Case No. 5:99-cv-00107-TBR (representation of plaintiff/franchisor Marathon-Ashland Petroleum in trademark litigation)
- Lexmark International, Inc. v. AFP Technology LLC, U.S. Dist. Ct., E.D. Ky., 5:99-cv-00313-HRW (representation of Lexmark in copyright and unfair competition litigation involving printer management system design)
- Woolfe v. National Thoroughbred Racing Association, et al., Va. Dist. Ct., Louisa County, Case No. 99-617 (representation of NTRA in state court intellectual property case)
- BDT Products, Inc., et al v. Lexmark International, Inc., U.S. Dist. Ct., E. D. Ky., Case No. 5:99-cv-00061-JMH
- Lexmark International, Inc. v. BDT Products Inc, et al., U.S. Dist. Ct., E.D. Ky., 5:98-cv-00424-JMH
(co-counsel representation -- and later lead counsel representation -- of defendant Lexmark in $40 million trade secret litigation and extensive post-judgment proceedings involving printer paper handling technology) - Fieldturf Intl Inc, et al. v. Southwest Recreation, U.S. Dist. Ct., E.D. Ky., 5:00-cv-00012-JMH (representation of defendant in patent, unfair competition, and antitrust litigation between competing artificial turf producers)
- Hewlett-Packard Company v. Nu-Kote International, Inc., U.S. Dist. Ct., E.D. Ky., Case No. 5:99-cv-00018-KSF (lead counsel representation of Lexmark opposing third party discovery by competitors in large-scale patent litigation )
- Peoples Bank & Trust Co. v. Peoples Bank of Kentucky, U.S. Dist. Ct., E. D. Ky., Case No. 5:99-cv-00500-KSF (lead counsel representation of plaintiff in trademark and unfair competition litigation between competitor banks)
- Research Corporation Technologies, Inc. v. Lexmark International, Inc., U.S. Dist. Ct., E.D. Ariz., Case No. 00-257 TUC FRZ
- Lexmark International, Inc. v. Research Corp Tech, U.S. Dist. Ct., E.D. Ky., 5:00-cv-00347-KSF
- Lexmark International, Inc., v. University Rochester, et al, U.S. Dist. Ct., E.D. Ky., 5:00-cv-00346-KSF
(representation of Lexmark in related patent cases involving laser printer technology) - TechFoam, LLC v. Polycel Structural Foam, Inc., et al, U.S. Dist. Ct., E. D. Ky., Case No. 5:00-cv-00161-HRW (lead counsel representation of defendant Polycel in patent and trade secret litigation involving plastic injection molding technology)
- Lexmark International, Inc., et al v. Pitney-Bowes, Inc., et al, U.S. Dist. Ct., E. D. Ky., Case No. 5:01-cv-00237-JMH
- Pitney-Bowes, Inc., et al v. Apple Computer, Inc., et al., U.S. Dist. Ct., E.D. Ky., 5:02-cv-00063-JMH
(representation of accused infringer Lexmark in patent litigation involving laser printer technology) - Nations Auto Sales v. Nicholasville Road Auto Sales, U.S. Dist. Ct., E.D. Ky., 5:02-cv-00075-KSF (lead counsel representation of defendant in copyright and trademark litigation)
- Lexmark International, Inc. v. Static Control Components, U.S. Dist. Ct., E.D. Ky., 5:02-cv-00571-GFVT (co-counsel representation of Lexmark in preliminary injunction proceedings involving copyright infringement claims)
- In Re: Aimster Copyright Litigation, U.S. Ct. App., 7th Cir., Case No. 02-4125 (lead counsel appellate representation of defendant Aimster in multi-district copyright litigation)
- Hager v. Allstate Ins. Co., Fayette Circuit Court, Case No. 98-CI-2482 (co-counsel representation of intervening party Computer Sciences Corporation for purposes of protection of company's trade secret computer programs during class action discovery)
- Waric Associates, Inc. v. Lucidsoft, LLC, et al, U.S. Dist. Ct., E.D. Ky., Case No.03-250 JBC (lead counsel representation of defendant in copyright litigation involving competing comuter software products)
- Ohio Valley Educational Cooperative v. The Francis School, U.S. Dist. Ct., E.D. Ky., Case No. 3:04-cv-00012-JMH (co-counsel representation of plaintiff in copyright litigation)
- Intermountain Broadcasting Co., Inc. v. Yahoo!, Inc., et al., Jefferson Circuit Court, Case No. 04-CI-004156 (lead counsel representation of defendant Yahoo! against claims of internet defamation by Yahoo! subscriber)
- Software Management, Inc. v. Digital Records Management, Inc., U.S. Dist. Ct., W. D. Ky., Case No. 5:04-cv-00127-TBR (lead counsel representation of defendant against copyright, trade secret, and Computer Fraud & Abuse Act claims asserted by competitor software company)
- Brubaker v. Design Team, Inc. et al., U.S. Dist. Ct., E.D. Ky., 5:03-cv-00449 (co-counsel representation of plaintiff artist in copyright litigation)
- Wear v. Guess?, Inc. et al., U.S. Dist. Ct., E.D. Ky., 5:04-cv-00140-KSF (co-counsel representation of plaintiff artist in copyright litigation)
- TransDigital Solutions, Inc. et al v. Overstreet, et al., U.S. Dist. Ct., E.D. Ky., 5:04-cv-00502-JMH (lead counsel representation of defendants in copyright litigation)
- Specialty Matboard Corp. v. Premier Diecutting & Manufacturing, Inc., et al., U.S. Dist. Ct., N.D. Tex., Civ. Action No. 3:06 CV 00132 (lead counsel representation of co-defendant in copyright litigation)
- Duzyk v. Henry Brown, LLC, U.S. Dist. Ct., E.D. Ky., 5:06-cv-00279-JMH (representation of defendant business in copyright litigation)
- Jenkins & Morrow, PLLC, et al. v. Nicol, Clark, Mortenson, Max & Henderson, PSC, U.S. Dist. Ct., E. D. Ky., Case No. 5:06-cv-00378-KSF
- Nicol, Clark, Mortenson, Max & Henderson, PSC v. Jenkins & Morrow, PLLC, Franklin Circuit Court, Civil Action No. 06-CI-1314
(lead counsel representation of defendant / declaratory judgment plaintiff in trademark and unfair competition cases pending in multiple forums) - Trusted Health Products, Inc. v. Trusted Natural Products, LLC. et al., U.S. Dist. Ct., E.D. Ky., 5:06-cv-00207-JBC (lead counsel representation of plaintiff in copyright, trademark, and unfair competition litigation)
- Kasper v. Hobby Lobby Stores, Inc., U.S. Dist. Ct., E.D. Ky., 5:07-cv-00327-KSF
- Kasper v. Crafts, Etc!, Ltd., U.S. Dist. Ct., E.D. Ky., 5:07-cv-00386-KSF
(lead counsel representation of national home decor businesses against copyright claims in related cases) - T.D.I. International, Inc. et al. v. Golf Preservations, Inc. et al., U.S. Dist. Ct., E.D. Ky., 6:07-cv-00313-DCR (lead counsel representation of defendants in trade secret and trademark litigation)
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