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Dana Howard

Member, Lexington

Dana is a Member in Stoll Keenon Ogden’s Lexington and Louisville offices and has been with the firm since 2007. As a Registered Patent Attorney, she concentrates her litigation practice on complex commercial litigation, including IP litigation, class actions, and ERISA litigation. Dana also assists clients in protecting their intellectual property and has successfully prosecuted patent applications in the biotechnology and imaging fields. Dana has achieved CIPP/US certification as a privacy professional by the International Association of Privacy Professionals (IAPP) and regularly counsels and represents clients in privacy law matters, including data breach response.

Because she understands the critical role that intellectual property rights have in businesses, Dana works closely with her clients to determine the best course of action. If litigation is warranted, she stands ready to move forward in an assertive yet efficient manner.

Always working to stay on top of the latest developments in her field of expertise, Dana is an active member of several professional groups, including the American Intellectual Property Law Association. She serves as an occasional guest lecturer in sports law classes at the University of Kentucky.

For her many legal accomplishments, Dana has been named a Rising Star by Kentucky Super Lawyers®.

Business Litigation: Dana primarily represents clients in Kentucky, but she has worked with companies and professionals throughout the U.S. faced with IP challenges. She has experience handling all forms of IP cases, including patent, copyright, trademark, trade dress, trade secret and unfair competition.

Intellectual Property: Beyond her role as a litigator, Dana counsels clients at every stage in the development, exploitation, safeguarding and enforcement of IP assets. She also regularly drafts, reviews and negotiates information technology agreements, including software licenses, maintenance agreements, consulting agreements and internet-related documents.

Privacy & Information Security: From online marketing and social media to electronic payment systems, Dana understands the complexity of modern information channels and the regulations that govern them. She helps clients mitigate their risk and guides them in taking appropriate steps to protect their customers’ private information.

Emerging Business & Venture Capital: Dana often serves as counsel to startup companies on IP matters. She evaluates IP property under consideration and assists with registration of these assets.

Sports Law: Drawing on her extensive knowledge of IP protection, Dana provides counsel to collegiate athletics programs and companies within the sports industry.

Education
University of Kentucky College of Law
2007, J.D., magna cum laude
University of Kentucky
1998, B.A., summa cum laude
Admissions
Illinois, pro hac vice
U.S. District Court, Central District of California, pro hac vice
U.S. District Court, Northern District Illinois, pro hac vice
United States Patent and Trademark Office
Kentucky
Pro Hac Vice: U.S. District Court, Southern District of Indiana
U.S. Court of Appeals, Sixth Circuit
U.S. District Court, Eastern District of Kentucky
U.S. District Court, Eastern District of Michigan
U.S. District Court, Western District of Kentucky
U.S. Patent and Trademark Office
United States Supreme Court

Recognition

  • Kentucky Super Lawyers®, Rising Star, 2016-2017
  • Order of the Coif
  • Kentucky Law Journal, symposium editor 2006-2007
  • Kentucky Law Journal, staff member, 2005-2006
  • Legal Ethics, Research Assistant, 2006
  • CALI Award for Highest Grade in Federal Courts & Jurisdiction, 2007
  • CALI Award for Highest Grade in International Law, 2005
  • Highest Grade in Legal Research, 2004
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Affiliations

  • Fayette County Women Lawyers Association
  • Fayette County Bar Association
  • American Bar Association, Intellectual Property and Human Rights Divisions, 2007-present
  • American Intellectual Property Law, 2012-present
  • University of Kentucky, guest lecturer, Sports Law, 2011-present
  • Kentucky Pro-Football Hall of Fame, Inc., board of directors, 2013-present
  • Kentucky Law Journal board of directors, 2009-2010
  • Fayette County Women Lawyers Association, community service chair, 2008-present
  • Junior Achievement, volunteer, 2007-present
  • Richmond Kiwanis Club Richmond Civitan Club
  • Kentucky Pro-Football Hall of Fame, Inc., Board of Directors, 2013-2016
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Work Highlights

Education/Privacy

Successfully filed and negotiated a settlement of claims against Laurel County School District under the McKinney-Vento Homeless Education Assistance Improvements Act of 2001 on behalf of a minor client (J.S. and S.S., as next friends of Q.W., a minor v. Laurel County Board of Education, U.S. District Court, Eastern District of Kentucky, Case No. 6:16-cv-00309-GFVT).

Represented college students against allegations of sexual harassment under Title IX.

Represented college students in protecting privacy rights under the Federal Education Rights and Privacy Act (FERPA).

ERISA

Defended multiple institutional and individual clients against allegations of breach of fiduciary relating to employee stock ownership plans (ESOPs) asserted by the Department of Labor and/or ERISA plan participants and negotiated settlements of the same.

 

Successfully prosecuted claims on behalf of ESOP trustee against previous trustee for breach of fiduciary duty and obtained a settlement favorable to plan participants.

 

Successfully arbitrated indemnity claims in arbitration and obtained a judgment on behalf of a former ESOP trustee.

 

Energy

Successfully defended Alliance Coal LLC against multiple claims of wrongful death and obtained favorable ruling from the Kentucky Supreme Court on issue of first impression relating to workers’ compensation immunity in published opinion at Falk v. Alliance Coal, LLC, 461 S.W.3d 760 (Ky. 2015).

 

Successfully obtained summary judgment on behalf of Alliance Coal LLC, and Hopkins County Coal, LLC, in Hopkins County Circuit Court dismissing multimillion dollar claims by Walmart, Inc., for alleged property damages based upon complex theories of mine subsidence.

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News Seminars


     Intellectual Property for the Occasional IP Practitioner
, published in accompaniment with presentation at the Kentucky
     Bar Association’s 26th Annual Issues for Corporate House Counsel CLE Seminar, 2016

     Safeguarding Your Client’s Data, published in accompaniment with presentation at the Kentucky Bar Association’s
     Annual Convention CLE, 2015

     Intellectual Property for the Occasional IP Practitioner, published in accompaniment with presentation at the Kentucky
     Bar Association’s Annual Convention CLE,  2015

     To Tweet, Or Not To Tweet: Legal Risks for Business Owners Using Social Media, 2013

     No One Bargained for That: What Happens When An Arbitrator Manifestly Disregards the Law, 2013