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Taking Care of Business Firm Announcement 2012 STRATEGIC. PROACTIVE. ENTREPRENEURIAL. DETERMINED.

KMK Firm Announcement 2012

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Page 1: KMK Firm Announcement 2012

Taking Care of BusinessFirm Announcement 2012

S T R A T E G I C . P R O A C T I V E . E N T R E P R E N E U R I A L . D E T E R M I N E D .

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delivering the goods

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Once again, we have faced a year that has brought both opportunities as well as some obstacles. We are pleased to be in a position to report a number of success stories—for our clients and for KMK® as a firm. During a time of continued economic uncertainty globally, nationally and regionally, those successes were hard won, and as a result, that much more notable. However, some of our clients still face serious challenges, and we are dedicated to helping them find the right business and legal solutions.

At KMK, our attorneys and staff treat each other like family. We celebrate each other’s achieve-ments and support each other when facing difficulties. We feel the same way about our clients, many of whom we’ve had the honor of serving for decades. In fact, our top 25 clients have been with KMK for an average of 15 years and several have been with KMK for more than 50 years. Indeed, many of the smaller companies we serve also have been with the firm for a decade or longer. We do not treat any of these relationships casually. And we don’t take them for granted. On the contrary, our attorneys share an unwavering commitment to understanding our client’s business goals and helping them achieve those goals by offering strategic advice and delivering the desired results.

And so, while this report serves to review and celebrate our clients’ and our firm’s accomplish-ments, we truly are looking ahead and remaining focused on the future. To that end, we recently appointed Rachael A. Rowe to serve as the firm’s Executive Partner. This is a significant step in our succession planning initiative, and we are confident that Rachael will help drive the firm’s continued success. Rachael and I will work closely together to develop and implement strategic initiatives that address and meet our clients’ changing business and legal needs. Together with the Board of Directors and our fellow attorneys, Rachael and I are looking forward to working with our clients to identify and optimize business opportunities and navigate the inevitable challenges.

We remain dedicated to growing our firm in a strategic manner in order to best serve our clients and to earn new business. The attorneys of KMK sincerely thank those who have recommended our law firm to your colleagues and friends. We are devoted to preserving your trust every day and with every matter.

— Paul V. Muething, Managing Partner

Letter From Our Managing Partner

“KMK is dedicated to helping clients make smart

business decisions.”

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Taking Care of BusinessBusiness Representation & TransactionsRepresenting all types and sizes of business organizations, our lawyers regularly serve as outside general counsel to clients and as special counsel for specific transactions. Our attorneys are adept at advising clients on business formation issues, mergers and acquisitions, joint ventures, franchising, and other business expansion alternatives. In addition, our attorneys have been widely recognized for their experience and knowledge in the areas of private placements, public offerings, and all aspects of securities law compliance. Recent successful transactions for our clients include:

• Represented Kendle International Inc. in connection with the acquisition by merger of Kendle by INC Research, LLC. The aggregate consideration paid in connection with the transactions was approximately $375 million, including a related tender offer and consent solicitation for $142.5 million aggregate principal amount of outstanding Kendle Convertible Senior Notes.

• Served as the legal advisors to Multi-Color Corporation in its acquisition of York Label Group for approximately $356 million, payable in debt assumed, Multi-Color stock and cash. The acquisition, announced by Multi-Color on August 26, 2011, closed on October 3, 2011. KMK assisted Multi-Color in its subsequent registration with the Securities and Exchange Commission for resale sellers’ stock consideration and a variety of company capital, debt, warrant, and unit securities in a shelf registration statement. The combined company was expected to have annual revenues of approximately $640 million at closing, making Multi-Color the largest label company in the U.S. and the fastest growing globally. Established in 1916 and headquartered near Cincinnati, Multi-Color is a leader in global label solutions and supports many of the world’s most prominent brands in consumer prod-ucts labeling. Prior to the acquisition, Multi-Color had approximately 1,600 employees working in 18 operations spanning six continents. Multi-Color is a public company trading on the NASDAQ Global Select Market Exchange (LABL). York Label Group had 12 plants across the U.S., Canada, and Chile with about 1,200 employees. The deal included 100% of York’s joint venture in Chile, which was acquired as part of the transaction.

• Represented Orchard Holdings Group LLC, a private investment firm, in the acquisition of a controlling interest in Tosca Limited, a Wisconsin corporation engaged in the business of customized supply chain management and innovation through providing specialized containers in the food, beverage and retail industries, for an amount in the range of $50 million to $100 million (actual purchase price is confidential).

• Represented a large global corporate client in 15 acquisition transactions with an aggre-gate purchase price of approximately $50 million.

Represented a global corporate client in an acquisition totaling approximately $356 million.

$ 356 million

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striving for excellence

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Commercial Finance & ReorganizationKMK attorneys actively work with the region’s largest banks, insurance companies, debt and equity funds, and other financial institutions assisting with the documentation of secured and unsecured commercial loan and leasing transactions. Following the closing and funding of a transaction, we advise our clients throughout the life of the financing agreement, including through any necessary loan restructuring and work-outs. In addition, we are active in our repre-sentation of borrowers for all aspects of their financing needs. Recent representations for our clients include:

• Represented the purchaser of a $36 million mortgage loan and subsequent acquisition of a development project via deed in lieu.

• Represented a lender holding more than $30 million in secured debt in the Chapter 11 case of one of the largest thoroughbred stables in the country.

• Represented a lender to provide a secured term facility of $13.5 million, the proceeds of which were used to finance the acquisition of a company focusing on the design, licensing and marketing of consumer brands.

• Represented a borrower in negotiating and securing a $350 million facility consisting of revolving loans, letters of credit and swing line loans.

• Represented the Director of Development of the State of Ohio in various Business Incentives Loans and Bonds pursuant to its 166 Direct Loan Program, its Innovation Ohio Loan Fund Program and its Ohio Enterprise Bond Fund.

• Represented the originator in connection with a $100 million asset-backed securitization.

Employee Benefits & Executive CompensationWorking with a wide range of clients, including publicly-traded companies, smaller privately-held businesses, non-profit organizations and individuals, KMK’s Employee Benefits attorneys provide sophisticated benefits counsel in areas such as Deferred Compensation, HIPAA Privacy matters and corporate transactions. Representative clients include:

KMK represented a lender holding more than $30 million in secured debt in the Chapter 11 case of one of the largest thoroughbred stables in the country.

$30 million

• American Financial Group, Inc.

• Belcan Corporation

• Castellini Company

• Chiquita Brands International, Inc.

• Cincinnati Financial Corporation

• Cintas Corporation

• Disabled American Veterans

• Fifth Third Bank

• LSI Industries Inc.

• Luxottica U.S. Holdings Corp.

• Vantiv, LLC

Taking Care of Business

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KMK has vast experience in successfully facilitating public finance matters for our clients. Arguably, no law firm in Cincinnati has more New Markets Tax Credit (NMTC) experience than KMK; in fact, KMK attorneys have been involved in virtually every local NMTC  transaction.

In addition to NMTCs, KMK attorneys have a great deal of knowl-edge and experience with Tax Increment Finance (TIF) options, including Area-Wide TIFs and Project TIFs. Notably, KMK attorneys are part of a small group of attorneys in the U.S. known for having successfully combined tax exempt bonds inside a New Markets Tax Credit transaction. Our attorneys have significant experience in other financing and incentive vehicles, such as tax abatements, Section 108 financing, city grant financing, State of Ohio tax credits, and inex-pensive financing options such as the Ohio Enterprise Bond Fund. Clients include Cincinnati Center City Development Corporation (3CDC), Western & Southern Financial Group, Neyer Properties, Inc., Al. Neyer, Inc., Towne Properties, Capital Investment Group Inc., Newport on the Levee, and the Ackermann Group.

All NMTC deals require at least three parties: the Borrower, known as the QALICB; the Community Development Entity (CDE) which allocates the tax credits; and the Tax Credit Investor and Senior Debt Provider, which is usually a bank or a life insurance company. KMK has extensive experience representing all three parties. Representative engagements for our clients include:

• Representing Green Plains Renewable Energy, Inc. (GPRE) on two NMTC transactions: One in Mt. Olive, Mississippi, and one in Birmingham, Alabama. These deals are financing the construction of an ethanol blending station and pipeline to connect to Kinder Morgan Facilities.

• Represented North American Properties in a mixed-used retail/residential project with a $20 million NMTC.

• Recently closed an $84 million transaction for U Square LLC which is a joint venture of Al. Neyer, Inc., Castellini Company, and Towne Properties. The transaction included NMTCs and tax-exempt bonds to finance the project and all infrastructure necessary for its development. The project, known as “U Square at the Loop” is a major redevelopment across the street from the University of Cincinnati. The project will include office, retail, hotels and market rate apartments and is scheduled to open in phases beginning in 2013.

• Represented the Ohio National Life Insurance Company in a $20 million NMTC investment in Brunswick, Maine. The Ohio National Life Insurance Company was the senior debt provider as well as the tax credit investor. This deal financed a start-up private plane manufacturing business.

• Represented Al. Neyer, Inc. as it completed a $35 million NMTC deal at the historic Vernon Manor hotel in Cincinnati. The hotel was converted to offices for the Cincinnati Children’s Hospital and Medical Center. This project was unique in that KMK was instrumental in successfully crafting a way to include the proceeds of a TIF Bond into the qualified NMTC  investment.

• KMK attorneys have participated in every Cincinnati Center City Development Corporation (3CDC) NMTC deal since 3CDC’s inception. 3CDC is a CDE that has completed more than $150 million in NMTC transactions.

• In addition, KMK has represented the Uptown Consortium as a leverage lender into NMTC transactions on multiple occasions. The Uptown Consortium is a multi-round CDE.

In conjunction with its subsidiary, KMK Consulting Company LLC, KMK offers experienced and professional advocates to develop and implement the economic development strategies of our clients. KMK Consulting Company’s Government Affairs Solutions Group repre-sents private and public sector clients to decision makers on the local, state and federal levels of government, capitalizing on our experience and relationships. We focus on economic development incentive nego-tiation and implementation, economic and community development, strategic planning and issue analysis, strategic alliances, outreach, civic involvement, and public/private partnerships in a wide variety of areas. KMK Consulting Company has extensive experience with the City of Cincinnati in incentive negotiations related to corporate loca-tions and expansions, recently working on behalf of Macy’s, Inc. and First Financial Bank. In FY-2011, KMK negotiated deals involving 3,500 jobs and $500 million in capital across 13 states.

Government Incentives, Economic Development and Public Finance

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Intellectual PropertyServing a wide range of clients from start-ups to some of the largest corporations in the region, such as The Procter & Gamble Company, Inc., Cintas Corporation, Gardner Denver, Inc., and Great American Insurance Company, KMK’s Intellectual Property attorneys have vast experience securing and managing intellectual property in the U.S. and abroad. Our state-of-the-art docketing system provides capacity for thousands of trademarks, and we are experienced at handling opposi-tions and infringement matters as well. Recent representations include:

• Acquired important domain names for clients through nego-tiations and UDRP proceedings.

• Represented Fortune 500 clients’ intellectual property rights related to their mergers and acquisitions.

• Served as counsel for a Fortune 500 client, assuming respon-sibility for portfolios of trademarks for several major brands.

Labor & EmploymentKMK’s experienced Labor & Employment attorneys advise employers of all types and sizes and across a multitude of industries, assisting with the development and implementation of human resources practices, personnel policies, disciplinary procedures, employment agreements, performance evaluations and union avoidance strategies. From routine questions to complex labor-related class action litiga-tion, our attorneys represent national companies on a national and regional level, handling cases in nearly every state in the U.S. Recent representative matters and cases include:

• Successfully enforced non-competition and mandatory arbitration agreements for a Fortune 1000 corporation throughout the United States.

• Represented a large private corporation in a national class action lawsuit involving the Fair Labor Standards Act and related claims.

• Currently represent a Fortune 1000 corporation in labor and employment administrative and litigation matters nationwide, including successful enforcement of mandatory arbitration agreements.

LitigationKMK’s Litigation Group has one of the preeminent trial practice teams in the region; this depth of experience enables outstanding judg-ment and perspective in managing complex litigation. Our litigators are client-focused, seeking the most pragmatic, cost-effective solutions

for clients. Practicing across the country, KMK’s Litigation Group delivers a value that is difficult for clients to attain with national firms, while offering similar levels of attorney experience and track records. Notable representative cases include:

• Serrano/EEOC v. Cintas Corporation. KMK defended Cintas Corporation on claims related to gender discrimination in hiring practices involving more than 300 facilities across the U.S. and prevailed in the awards phase of this case filed more than 11 years ago. This case involved individual, class, and collective gender discrimination claims brought by private individuals and the EEOC against the defendant. KMK defeated the individual plain-tiffs’ attempt to have the case certified as a class action and later won summary judgment on the merits of all remaining individual and collective claims advanced by the EEOC. After achieving the dismissals, KMK attorneys asked the Court to award Cintas the attorneys fees and expenses it incurred in defending against the allegations. On August 4, 2011, the United States District Court, Eastern District of Michigan ordered the EEOC to pay Cintas more than $2.6 million in attorneys fees and costs, citing the “excellent result” KMK achieved for Cintas and the “egregious and unreasonable” conduct of the EEOC.

• FLSA Case. KMK attorneys won an important early decision in a lawsuit filed against its client, defeating the plaintiff’s request that the Court authorize the case to proceed as a collective action under the Fair Labor Standards Act (FLSA). On February 24, 2011, the plaintiff filed suit against our client, alleging the company violated the FLSA provisions by failing to pay a partic-ular group of employees overtime. On June 13, lawyers for the plaintiff moved for conditional collective class certification for all full-time employees. KMK developed a defensive strategy to demonstrate that these particular employees are subject to the discretionary management decisions made by individual general managers and direct supervisors at each work site. Two KMK associates visited approximately 30 locations in a preliminary discovery initiative aimed at gathering evidence to prove this assertion. On September 6, 2011, the U.S. District Court denied the plaintiff’s motion on several grounds. The Court concluded that the plaintiff failed to demonstrate that this particular group of employees were similarly situated. Notably, the burden faced by a plaintiff seeking to preliminarily certify a collective action under the FLSA is modest and a denial of motion for judicially supervised notice is rare.

• U.S. ex rel Master v. LHC Group. KMK was instrumental in helping the U.S. government obtain a $65 million settlement in a False Claims Act (FCA) case involving alleged Medicare fraud. KMK attorneys Greg Utter, Joe Callow and Danielle D’Addesa represented the relator in the FCA case brought against LHC

Taking Care of Business

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Group, Inc. in July 2007. The Department of Justice (DOJ) intervened and the parties reached a settlement agreement on September 29, 2011. During an outside audit of LHC Group, Inc., one of the largest national providers of home health and hospice services, the relator detected possible submissions of fraudulent claims to Medicare and other govern-mental agencies. After nearly four years of investigation, the DOJ, relator, and LHC reached an agreement which represented one of the largest FCA settlements in 2011.

• Eshe v. Fifth Third Bancorp. KMK is currently defending Fifth Third Bancorp in a consolidated securities class action litigation.

Private Client ServicesWorking closely with our clients, KMK’s Private Client Services attorneys develop creative and tax-efficient solutions for estate planning, estate and trust administration, personal tax services, wealth creation and protection, and business succession planning. Additionally, our Family Law attorneys handle prenuptial agreements and sensitive matrimonial disputes including divorce and child custody, guardianships, adoption, and related family issues.

Real EstateWidely recognized as one of the best commercial real estate practices in the region, KMK’s Real Estate Group has a great deal of experience in all areas of real property law including land development, leasing, zoning, land use, sales and acquisitions, real estate taxation and tax exemption, project finance, environmental law, economic development, municipal law, taxable and tax-exempt bonds, government affairs, and site selection analysis. Recent representative real estate transactions include:

• Served as Ohio counsel on the $450 million financing of SunCoke Energy, Inc. prop-erties located in several states. Riverbend Commercial Title Agency, a wholly-owned subsidiary of KMK, served as title insurance coordinator and agent. The financing was provided by a bank group led by JPMorgan Chase and was arranged in connection with the Initial Public Offering of common stock of SunCoke Energy, Inc. (NYSE: SXC) which opened for trading on the NYSE on July 21, 2011. SunCoke Energy, previously a wholly-owned subsidiary of Sunoco, Inc., is the largest independent metallurgical coke producer in the Americas, with additional operations in Brazil. KMK and Riverbend also have assisted SunCoke on the acquisition, entitlements, and construction of its new facility in Middletown, Ohio, and on an additional property acquisition in Haverhill, Ohio.

• Closed a $28 million transaction representing Rock Ohio Caesars LLC in all aspects of public finance and real estate work involving financing of the public infrastructure neces-sary to enable the construction of a new casino in downtown Cincinnati. Known as the “Horseshoe Casino,” it will consist of a 350,000 square foot facility with 2,500 parking spaces and will employ more than 1,700 people. It is scheduled to open in the first calendar quarter of 2013.

• KMK is involved in many aspects of the Fifth & Race development in Cincinnati which will house the new dunnhumbyUSA headquarters as well as public parking, ground level retail and residential real estate. Specifically we will be handling the general real estate matters, New Markets Tax Credits and TIF financing for the necessary public infrastructure.

KMK was instrumental in helping the U.S. government obtain a $65 million settlement in a False Claims Act (FCA) case involving alleged Medicare fraud.

$65 million

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• KMK is involved in many aspects of the new Paycor headquarters development including general real estate matters, New Markets Tax Credits and TIF financing for the necessary public infrastructure.

In addition to commercial real estate transactions, KMK’s Real Estate Group has been instru-mental in helping clients file real estate tax appeals, resulting in tremendous savings on residential and commercial properties located in the Tri-State area and across the country. Representative tax appeal matters include:

• Handled major real estate tax reduction cases for two local Fortune 100 companies.

• Successfully obtained a $39 million reduction in value on an office complex in Hamilton County resulting in an estimated tax refund of $708,500.

• Successfully represented the property owner in a real estate tax appeal reducing the property’s value from $33 million to $9.7 million.

• Successfully reduced the value of a Downtown Cincinnati Class A office building from $42 million to $19 million.

• Significantly reduced the value of a former auto plant in Montgomery County from $21.3 million to $4.8 million, producing a tax savings of $430,300.

• Handled real estate tax appeals on a portfolio of warehouse buildings for an institu-tional investor in Cuyahoga, Franklin, Hamilton, and Butler Counties, Ohio.

• Successfully reduced the value of a personal residence from $4.6 million to $3.2 million.

Title InsuranceRiverbend Commercial Title Agency Limited Partnership, a wholly-owned subsidiary of KMK, provides timely title services to enable our clients to fulfill their commercial real estate objec-tives. Riverbend is an agent for the top three largest underwriting organizations in the nation, which empowers Riverbend’s clients with the flexibility of different underwriting perspectives and decisions. Riverbend’s clients include developers, builders, commercial lenders, buyers, sellers and lessees. Recent successful transactions for our clients include:

• Riverbend Commercial Title Agency successfully closed and issued a $25 million owner’s policy of title insurance on a transaction involving the sale of 5,500 acres in Mercer County, Kentucky. The property was sold at a public auction.

• Riverbend served as title insurance coordinator and agent for the $450 million, multi-state SunCoke Energy, Inc. deals.

KMK successfully obtained a $39 million reduction in value on an office complex in Hamilton County resulting in an estimated tax refund of $708,500.

$39 million

Taking Care of Business

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getting down to brass tacks

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going the extra mile

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Taking Care of Our CommunityFinancial SupportThe attorneys and staff of KMK are committed to financially supporting a number of local char-ities, schools, and civic organizations, with firm contributions totaling in excess of $250,000 per year in addition to the $104,000 contribution to The United Way and the $50,000 contribution to ArtsWave (formerly The Fine Arts Fund) in 2011. A representative sampling of organizations that KMK supported in 2011 include:

• DePaul Cristo Rey High School. KMK joined a handful of businesses in Cincinnati committed to serving as a corporate partner and employer for students at the new DePaul Cristo Rey High School. Through DePaul Cristo Rey’s work study program, four low-income high school students work a total of five days per week at KMK to earn money to help pay for their Catholic college preparatory education. KMK has agreed to a multi-year commitment to sponsor and employ four students per year.

• Cincinnati Center City Development Company (3CDC)/Fountain Square Management Group. For several years, KMK has sponsored the Wednesday Evening Summer Concert Series at Fountain Square. This family-friendly, 16-week series features a wide variety of Reggae bands and is offered free-of-charge to the community and downtown visitors.

• USO Tribute Cincinnati. KMK’s event sponsorship helped fund critical programs and services that USO-Metro provides to recovering service men and women and their families at Walter Reed Army Medical Center in Washington D.C. and the National Naval Medical Center in Bethesda, Maryland.

• Kenzie’s CLOSET. Kenzie’s CLOSET makes high school prom dresses and related acces-sories available to students who cannot afford them so that no young woman in Cincinnati will have to miss her prom because of family financial limitations. This charitable organiza-tion has helped more than 1,800 young women make their dreams a reality, and KMK is a proud sponsor of its annual fundraiser.

• Dress for Success. KMK’s contribution supported the organization’s mission to promote the economic independence of disadvantaged women by providing professional attire, a network of support and the career development tools to help women thrive in work and in life.

• C-Cap’s Entrepreneur Boot Camp. KMK’s sponsorship supported an intensive two-day workshop designed for growth-company entrepreneurs and future entrepreneurs.

• YWCA Career Women of Achievement. KMK’s sponsorship of this recognition program helps to support the YWCA’s mission and programming to eliminate racism and empower women.

• Big Brothers Big Sisters Bowl for Kids Sake. KMK’s Young Professionals Group raised money to sponsor community-based mentoring for children in 2011 and 2012.

The attorneys and staff of KMK are committed to financially supporting a number of local charities, schools, and civic organizations, with firm contributions totaling in excess of $250,000 per year.

$ 250 thousand

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• Lighthouse Youth Services Beacon of Light Humanitarian Awards. KMK’s sponsorship supported their mission to help provide services for abused kids and families in need.

• Chiquita Golf Classic. KMK’s sponsorship of this charitable event benefited several chari-ties in our region.

• Prevent Blindness Ohio/People of Vision Awards. KMK’s sponsorship of this event was made in support of their mission to prevent blindness and preserve sight.

• WE Celebrate. KMK is proud to support this Cincinnati USA Regional Chamber event that recognizes the success of women-owned businesses.

Pro Bono ServiceFor many years, KMK has made a strong commitment to the Volunteer Lawyers Project of the Legal Aid Society of Greater Cincinnati, both in terms of financial support as well as providing legal services to indigent clients. Last year, KMK attorneys contributed approximately 500 hours of service specifically to Volunteer Lawyers Project cases in addition to cash contribu-tions. In total, our attorneys donated 3,300 pro bono hours last year to non-profits and other charitable organizations.

Community ServiceAbove and beyond monetary donations and pro bono service, KMK members and employees devoted thousands of personal dollars and thousands of service hours to varying causes throughout the Greater Cincinnati region in 2011, including serving Oyler Community Learning Center (K-12 public school, mentoring and tutoring), the Anna Louise Inn of Downtown Cincinnati (women’s shelter), and the Ronald McDonald House Charities of Greater Cincinnati, to name a few. Community service and support truly are cultural values fostered by our founding partners 58 ago, and they remain a foundational and unifying force within the firm today.

“ Community involvement has been, and will remain, something that we are proud of and foster and encourage. I think it broadens a person, makes a person a better lawyer, because it requires them to make decisions involving matters they might not have experienced before.”

– John L. Muething (1921 – 2008), Founding Partner and former Managing Partner

In total, our attorneys donated 3,300 pro bono hours last year to non-profits and other charitable organizations.

3,300

Taking Care of Our Community

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staying ahead of the curve

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James E. Burke Litigation

• Named the “Cincinnati Best Lawyers’ Securities Litigation Lawyer of the Year” 2012

• Recognized as a Top 100 Business Litigation Lawyer in Ohio by Ohio Super Lawyers 2012

• Recognized as a Top 50 Business Litigation Lawyer in Cincinnati by Ohio Super Lawyers 2012

Joseph M. Callow, Jr. Litigation

• Named the “Cincinnati Best Lawyers’ Antitrust Litigation Lawyer of the Year” 2012

Michael T. Cappel Litigation

• Named to Cincinnati USA Regional Chamber’s 2011 C-Change Leadership Program

Gregory L. Cecil Real Estate

• Cincinnati Academy of Leadership for Lawyers (Call) Program, Class of 2012

Mark J. Chumley Labor & Employment

• Designated as a Certified Specialist in Labor & Employment Law by the Ohio State Bar Association

Robert E. Coletti Business Representation & Transactions

• Named President of the Miami University Foundation, 2011

John J. Cranley, IV Real Estate

• Named to the Board of Mercy Health Partners Foundation, 2011

Rachael A. RoweOn April 23, 2012, the KMK Board of Directors announced the appointment of Litigation Partner, Rachael Rowe, as the firm’s Executive Partner. Working with Managing Partner, Paul Muething, Rachael will share responsibility for the day-to-day management of the firm and will take on a more visible role with current clients, potential clients, and in the business and civic communities as a leader of the firm.

Donald P. KlekampWe at KMK want to acknowledge and congratulate Don Klekamp, one of our founding part-ners, on the occasion of his 80th birthday in 2012. Don maintains an active law practice and remains a tremendous example for his work ethic, client service, and focus on quality results. It is impossible to overstate Don’s impact on KMK and his clients while at the same time, being widely recognized in our community for his volunteer services and philanthropy. Don is a truly remarkable man.

People

We congratulate those KMK attorneys who recently received noteworthy recognitions, earned professional designations and have taken active leadership roles in the community:

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Louis F. Gilligan Litigation

• Named the “Cincinnati Best Lawyers’ Personal Injury Litigation—Defendants Lawyer of the Year” 2012

• Recipient of the John P. Kiely Professionalism Award, which recognizes trial lawyers possessing outstanding trial skills and demonstrating the highest degree of professionalism, civility and ethical standards in their daily practice; presented by the Professionalism Committee of the Cincinnati Bar Association, 2012

• Honored as the 2011 recipient of the Distinguished Alumni Award from the University of Cincinnati College of Law Alumni Association

Thomas F. HankinsonLitigation

• Named to Cincinnati USA Regional Chamber’s 2012 C-Change Leadership Program

Patricia B. Hogan Intellectual Property

• Named the “Cincinnati Best Lawyers’ Copyright Law Lawyer of the Year” 2012

Bill Keating, Jr. Business Representation & Transactions

• Recipient of the University of Cincinnati College of Business Distinguished Service Award, 2011

James C. Kennedy Business Representation & Transactions

• Recipient of the University of Cincinnati College of Law Distinguished Alumni Award, 2012

James J. McGraw, Jr. Business Representation & Transactions

• Named to the Mercy Health Southwest Ohio Board of Trustees, 2012

Michael J. Moeddel Business Representation & Transactions

• Named Chairman of the Board of the Greater Cincinnati Sports Corporation, 2011

Brian P. Muething Litigation

• Named to the Cincinnati Academy of Leadership for Lawyers (Call) Program, Class of 2012

Paul V. Muething Business Representation & Transactions

• Named to the Board of Trustees of Xavier University, 2011

William A. Posey Litigation

• Recognized as a Top 100 Personal Injury Plaintiff Attorney in Ohio by Ohio Super Lawyers 2012

• Recognized as a Top 50 Personal Injury Plaintiff Attorney in Cincinnati by Ohio Super Lawyers 2012

Adrienne J. Roach Family Law

• Recognized as a Top 50 Woman Attorney in Family Law in Ohio by Ohio Super Lawyers 2012

• Recognized as a Top 25 Woman Attorney in Cincinnati in Family Law by Ohio Super Lawyers 2012

James A. Singler Private Client Services

• Received the Ohio State Bar Association’s District 1 Community Service Award for Attorneys 40 and Under, 2012

Brandi M. Stewart Litigation

• Named to the Leadership Council on Legal Diversity Fellows Program, 2012

• Named to the Board of Trustees of Chatfield College, 2012

Gregory M. Utter Litigation

• Elected a Fellow in the American College of Trial Lawyers, to be inducted in October 2012 in New York City

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G. Randall Ayers Labor & Employment Partner, Practice Group Leader 513.579.6919 | [email protected]

Randy helps employers manage all issues related to labor relations, including collective bargaining, arbitration and litigation of disputes involving collective bargaining agreements and proceedings before the National Labor Relations Board and State Labor Agencies. He has broad experience providing in-depth counsel to employers in the areas of equal employment opportunity, discrimination, wrongful discharge, non-competition and trade secrets, wage and hour, and unemployment compensation. The depth of Randy’s knowledge and experience allows him to provide big-picture advice to employers in all areas related to labor and employment, helping clients control costs, avoid expensive disputes whenever possible, and efficiently resolve issues when they arise.

With nearly 25 years of experience, Randy was named to the Top Labor and Employment Lawyers list by Corporate Counsel; he also is listed in Chambers USA: America’s Leading Business Lawyers, The Best Lawyers in America, and Ohio Super Lawyers. Randy is AV® Preeminent™ Peer Review Rated by Martindale-Hubbell.

Licensed to practice law in Ohio and Kentucky, Randy earned his J.D. from The Ohio State University Moritz College of Law in 1988. He earned his A.B. from Earlham College in 1984. Randy joins KMK from Frost Brown Todd’s Cincinnati office.

James C. Kennedy Business Representation & Transactions Of Counsel 513.579.6599 | [email protected]

With 35 years of experience as an attorney with American Financial Group, Inc. and its subsidiaries and affiliates, Jim brings to KMK clients a vast amount of knowledge having overseen a multitude of acquisitions and divestiture transactions. In recent years, the aggre-gate transaction value of those deals was in the billions of dollars. Jim served AFG in various capacities and retired as Vice President, Deputy General Counsel, and Secretary. As Secretary of AFG for more than 25 years, he served as the primary interface with AFG’s independent board members and their committees.

Jim’s practice at KMK is focused on corporate, securities, and financing law, where he has extensive experience in mergers, acqui-sitions, and divestitures representing public corporations and their subsidiaries as well as other entities. He has significant experience in initial and follow-on public offerings of securities and in representing issuers and investors in private placements of securities. In addition, he has regularly advised on corporate governance, financing, compliance and related litigation matters. Following the passage of the Sarbanes-Oxley Act of 2002, he was responsible for consolidating and managing the AFG Internal Audit and Investigative Services department.

Jim earned his J.D. from the University of Cincinnati College of Law in 1976, and his B.B.A. from the University of Cincinnati in 1973.

KMK Welcomes Four Experienced Attorneys to Our Team

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Cheryl S. Scotney Intellectual Property Partner 513.579.6942 | [email protected]

Cheryl helps clients obtain and protect their valuable trademarks. Her practice is concentrated in the area of intellectual property. She has experience in the preparation and prosecution of domestic and foreign trademark registration applications, filing of opposition and cancellation trademark proceedings, preparation and prosecution of copyright registration applications, and the preparation and prosecu-tion of domestic and foreign patent applications involving inventions pertaining to the chemical arts.

Before joining KMK, Cheryl worked as both a trademark and patent attorney for more than 12 years with the Standley Law Group LLP in Dublin, Ohio, where she handled the majority of the firm’s U.S. and foreign trademark prosecution and copyright registration. Prior to earning her J.D. from Capital University Law School in 1998, Cheryl was employed with Chemical Abstracts Service (CAS). Cheryl earned her B.S. from Ball State University in 1976.

Daniel P. Utt Real Estate Partner, Practice Group Leader 513.579.6564 | [email protected]

For more than 25 years, Dan Utt has helped real estate owners, devel-opers, investors, landlords, tenants and lenders navigate the issues and considerations associated with real estate and general business law matters. Dan has significant experience with a broad range of real estate transactions, including residential, retail, commercial, and mixed-use developments; office, commercial and industrial building projects; development and loan transactions for senior living and multi-family communities; representation of sellers, purchasers, borrowers and lenders in commercial real estate transactions; office, commercial and shopping center development and lease transactions; zoning and land-use planning matters; environmental matters related to real estate transactions; organization of partnership and limited liability companies for a variety of transactions; and representation of general contractors and builders.

Dan is a licensed title insurance agent and is an authorized agent for Riverbend Commercial Title Agency. Riverbend Commercial Title Agency is an authorized agent for Chicago Title Insurance Company, First American Title Insurance Company, Old Republic National Title Insurance Company and Commonwealth Land Title Insurance Company. Through Riverbend Commercial Title Agency, the firm provides title insurance policies for purchasers and lenders and provides closing and escrow services.

Dan has been selected for inclusion in The Best Lawyers in America and Ohio Super Lawyers, and he is AV Preeminent Peer Review Rated by Martindale-Hubbell. He is licensed to practice law in Ohio.

Dan earned his J.D. from the University of Dayton School of Law, summa cum laude, Executive Editor of Law Review in 1986. He earned his B.S. in Business Administration from Bowling Green State University in 1983. Dan joins KMK from Katz Teller Brant & Hild in Cincinnati.

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Gregory L. Cecil Real Estate 513.579.6930 | [email protected]

Greg Cecil helps real estate developers, builders, financial institutions, retailers, investors and corporate clients structure and close major trans-

actions involving the acquisition, development, finance and/or disposition of real estate. He has a wide range of experience repre-senting clients in a variety of real estate matters including retail, office and industrial lease transactions, real estate lending, site selection analysis, land acquisition and development and sales/acquisitions of existing properties. Greg also represents financial institutions and purchasers in connection with the foreclosure, acquisition and dispo-sition of distressed real estate in formal bankruptcy, workout and/or reorganization proceedings. Prior to joining Keating Muething & Klekamp, Greg was a Closing Agent with Riverbend Commercial Title Agency, a wholly-owned subsidiary of the firm, and often draws upon that experience to identify and resolve title issues for his clients.

Greg earned his J.D. from the Salmon P. Chase College of Law, Northern Kentucky University in 2005, and his B.A. from the University of Kentucky in 2000.

Danielle M. D’Addesa Litigation 513.579.6545 | [email protected]

Danielle helps clients resolve complex commercial litigation, primarily in areas of ERISA defense, securities, and general corporate and business

matters. She also has experience in false claims act and qui tam litiga-tion, product liability/tort litigation, and mass tort litigation.

Danielle earned her J.D. from the University of Cincinnati College of Law in 2003, Order of the Coif. She earned her B.A. from Rollins College in 1999, summa cum laude.

Drew M. Hicks Litigation 513.579.6565 | [email protected]

Practicing in the field of commercial litigation, Drew has a depth of experience advising clients in cases related to financial banking litigation, securi-

ties litigation and arbitrations, and class actions. He has represented public and private companies in a wide variety of business disputes including union organization campaigns and other complex commer-cial litigation.

Drew earned his J.D. from the University of Cincinnati College of Law in 2003. He earned his B.A. from Duke University in 1999.

J. Michael Hurst Intellectual Property 513.562.1401 | [email protected]

Mike Hurst’s practice is concentrated in the area of intellectual property law. He has extensive experience in trademark prosecution, protection

and portfolio management, copyright matters, domain names, brand management counseling, social media and Web 2.0 issues, as well as intellectual property licensing, both in the U.S. and internation-ally. Prior to joining Keating Muething & Klekamp, Mike served as Corporate Counsel-IP at Caterpillar Inc. in Peoria, Illinois. He serves as co-leader of the firm’s multi-disciplinary Evolving Media & Technology Team. Mike earned his J.D. from the University of Cincinnati College of Law in 1998, Order of the Barristers. He earned his B.S. from Duke University in 1995.

Robert C. Lesan, III Business Representation & Transactions 513.579.6939 | [email protected]

Rob Lesan’s practice is concentrated in the corpo-rate and finance areas where he has experience in mergers, acquisitions and divestitures representing

both public and closely-held corporations. His corporate practice also includes representing clients in various business transactions including entity formation, contracting, strategic alliances, distributorships and technology licensing. In addition to his corporate practice, Rob advises both franchisors and franchisees regarding state and federal franchise law matters.

Rob earned his J.D. from the J. Reuben Clark Law School, Brigham Young University in 2005, cum laude, Law Review. He earned his B.S. from The Ohio State University in 2000, magna cum laude.

Brian P. Muething Litigation 513.639.3814 | [email protected]

Brian’s practice is primarily concentrated in the litigation and bankruptcy and reorganiza-tion areas. He has represented public and private

companies in a range of matters in state and federal court, as well as commercial arbitrations. Brian has represented multiple firm clients in class action matters. In bankruptcy courts, he has represented numerous firm clients including financial institutions, insurance companies, landlords, and a court-appointed creditor representative in a mass tort bankruptcy.

Brian earned his J.D. from the University of Cincinnati College of Law, 2003. He earned his B.A. from Miami University in 2000 with a triple major in political science, geography, and urban and regional planning.

KMK Is Pleased to Introduce 10 Attorneys Named Partner

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Claire V. Parrish Private Client Services 513.579.6936 | [email protected]

Claire practices in the firm’s Private Client Services Group, advising clients with issues related to estate planning and taxation. She has experience coun-

seling clients concerning their estate planning and business succession objectives and drafting the documents necessary to achieve the client’s particular goals. She also has experience with the probate administra-tion of decedents’ estates in various counties in Ohio and Kentucky and with the administration of trusts. Claire has represented fiducia-ries and beneficiaries in litigation involving trusts and estates.

Claire earned her J.D. from the University of Cincinnati College of Law in 1995, Order of the Coif. She earned her B.A. from Indiana University in 1991.

James A. Singler Private Client Services 513.639.3961 | [email protected]

Jim Singler has experience in the areas of estate planning, probate and trust administration, special needs planning, medicaid planning, taxa-

tion, adoption matters, wealth transfers, business succession planning, business planning, entity selection for new and existing businesses, preparation of corporate organizational documents, general corpo-rate law, and real estate law. He also has experience counseling clients with respect to the formation and ongoing representation of private foundations, public charities and other non-profits. In addition, he has successfully argued in the Twelfth Appellate District Court of Appeals in Ohio.

Beginning in January of 2013, Jim will serve as Adjunct Professor of Estate Planning at the University of Cincinnati College of Law.

Jim served as an intern to Member of Parliament of the United Kingdom, Nicholas B. Harvey. During his internship, Mr. Harvey served as the party’s Secretary of State for Health.

Jim earned his J.D. from the University of Dayton School of Law in 2005; Valedictorian, magna cum laude, Notes and Comments Editor of Law Review. He earned his B.A. from Rollins College in 2002, magna cum laude.

Jason V. Stitt Commercial Finance & Reorganization 513.639.3964 | [email protected]

As a member of the firm’s Commercial Finance & Reorganization Group, Jason’s practice is concen-trated in the areas of bankruptcy, reorganization,

and creditors’ rights. He counsels individuals and companies in matters related to federal bankruptcy cases, including plan confirma-tion, substantive consolidation, relief from stay, §363 sales and bid procedures, disallowance of claims, DIP financing, non-discharge-ability of debts, mass tort asbestos bankruptcies, and out-of-court debt restructuring and work-outs. Jason routinely advises clients regarding contractual rights in bankruptcy and liquidation matters and priority rights under the Uniform Commercial Code. Jason has extensive experience defending bankruptcy preference and fraudulent conveyance actions. He also has represented defendants in officer and director liability cases and “Ponzi” scheme claims. He has appeared in bankruptcy courts across the country.

Prior to joining KMK in 2004, Jason practiced with a boutique commercial finance and bankruptcy firm in Lexington, KY. He earned his J.D. from the University of Kentucky College of Law in 2002 and his B.A. from the University of Kentucky in 1997.

James W. Thweatt, III Employee Benefits and Executive Compensation 513.579.6598 | [email protected]

Jay Thweatt’s practice is concentrated in the areas of employee benefits and executive compensation. He advises companies on the design, forma-

tion and operation of tax-qualified pension, profit-sharing, and employee stock ownership plans, as well as health and welfare plans, including cafeteria plans. He also represents clients before the IRS and Department of Labor with respect to determination letter requests, voluntary correction submissions, and other employee benefit-related matters. In the area of executive compensation, he assists clients with the creation and operation of non-qualified deferred compensation plans, stock options, and other equity-based compensation arrange-ments. Jay also has experience advising clients on employee benefit matters in connection with corporate transactions.

Prior to joining Keating Muething & Klekamp in 2006, Jay was an associate with a law firm in Roanoke, Virginia. Jay earned his LL.M. from Georgetown University Law Center in 2002, with distinction. He earned his J.D. from George Mason University School of Law in 1999, and his B.A. from Hampden-Sydney College in 1995, magna cum laude.

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KMK Introduces Seven New Associates

Ross J. Bextermueller Business Representation & Transactions 513.562.1433 | [email protected]

Ross practices in the firm’s Business Representation & Transactions Group. He earned his J.D. from the University of Cincinnati College of Law in

2011, cum laude, Moot Court, Order of the Barristers. Ross attended Saint Louis University where he earned his M.B.A. in 2008 and his B.S. degree in Business Administration in 2006.

Richard R. Campbell Litigation 513.579.6474 | [email protected]

Rich practices in the firm’s Litigation Group. He earned his J.D. from the University of Cincinnati College of Law in 2010. In July 2008, he attended

the University of Akron School of Law – Webster University Geneva Summer Law Study Abroad Program in Geneva, Switzerland. In 2007, Rich earned his B.S. degree in Business Administration and Finance from the University of Dayton.

Thomas F. Hankinson Litigation 513.579.6503 | [email protected]

Practicing in the firm’s Litigation Group, Tom has experience in a wide variety of complex intellec-tual property litigation matters, including disputes

over patents, trade secrets, trade dress, and contractual relationships such as research collaborations, assignment-of-invention clauses, and non-competition agreements. He also has experience in planning and managing modern discovery, whether it be from the perspective of a small business or a multi-national corporation. Tom has represented both plaintiffs and defendants in resolving disputes over intellectual property and has participated in successful federal trials in Ohio, Massachusetts, and Texas.

Before joining KMK, Tom was an associate in the intellectual property litigation group at Sidley Austin LLP in Chicago, Illinois. He earned his J.D. from Northwestern University School of Law in 2007, magna cum laude, Order of the Coif, where he was the Associate Editor of the Law Review. He earned his B.S. from Denison University in 2002, summa cum laude.

Jennifer D. Johnson Labor & Employment 513.579.6501 | [email protected]

Jennifer Johnson’s practice focuses on labor and employment law. She assists in defending employers against charges of discrimination,

harassment, and retaliation, and she advises employers on compliance with such laws. Jennifer brings experience in the areas of data and information privacy and trademarks.

During law school, Jennifer spent nearly two years working as a member of the legal team for an international media company, assisting in contract review, research and compliance matters. She earned her J.D. from the University of Cincinnati College of Law, cum laude, in 2011. While in law school, Jennifer was an Associate Member and Notes & Comments Editor of the University of Cincinnati Law Review. She earned her B.A. from Xavier University, magna cum laude, in 2008.

Caroline M. Koehler Labor & Employment 513.579.6571 | [email protected]

Caroline Koehler practices in the labor and employment law area. Caroline has extensive expe-rience in assisting with document reviews, and she

is familiar with the electronic document review and retrieval process. Prior to joining KMK, she worked as a contract attorney at Hamilton Brass & Aluminum Castings, Inc. where she drafted corporate resolutions related to various corporate actions, conducted research related to OSHA and EPA regulations, and assisted in the merger with Centri-Cast Corporation. During law school, Caroline served as a summer associate with Thompson Hine in the business litigation practice group in addition to completing an Externship with the Ohio Attorney General’s Office in the Court of Claims-Defense Section. While in law school, Caroline was also a member of the National Moot Court Team.

Caroline earned her J.D. from Capital University Law School in 2010, cum laude, Order of the Curia, Order of the Barristers. She graduated from Miami University with a B.A. degree, cum laude, in 2007.

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Antoinette L. Schindel Employee Benefits & Executive Compensation 513.579.6473 | [email protected]

Antoinette practices in the firm’s Employee Benefits & Executive Compensation Group. She advises companies on the implementation and

operation of tax-qualified pension and profit-sharing plans, as well as health and welfare plans. She also assists clients with the implementa-tion and operation of non-qualified deferred compensation plans and equity-based compensation plans. In addition, Antoinette has experi-ence in the areas of labor and employment.

Prior to joining Keating Muething & Klekamp, Antoinette was an associate with the law firm of Marrinan & Mazzola Mardon PC in New York, NY. Antoinette earned her J.D. from Yeshiva University, Benjamin N. Cardozo School of Law in 2003. In 1998, she earned her B.A. from Barnard College, Columbia University. In 2011, she earned her LL.M from Washington University School of Law, with honors.

Bryce J. Yoder Litigation 513.562.1420 | [email protected]

Bryce practices in the firm’s Litigation Group and is experienced in the areas of commercial litigation and securities class actions. Before joining KMK,

Bryce was an attorney with Sullivan & Cromwell, LLP in New York, NY. Bryce earned his J.D. from Duke University School of Law in 2008, where he was Staff Editor of the Duke Law Journal. He earned his B.A. from Tulane University in 2005.

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Firm Honors and Recognitions

KMK was recognized as a Leading Law Firm in the 2012 edition of Chambers USA: America’s Leading Business Lawyers® in the following areas:

• Banking & Finance

• Bankruptcy / Restructuring

• Corporate / Mergers & Acquisitions

• General Commercial Litigation

KMK was named a 2012 “Go-To” Law Firm® by Corporate Counsel®, a publication of American Lawyer Media. KMK was chosen by several Fortune 500 clients as their preferred law firm in the following areas:

• Corporate Transactions

• Labor & Employment

• Litigation

• Securities

KMK was ranked nationally in the 2011-12 “Best Law Firms Survey” by U.S.News Media Group and Best Lawyers in America®:

• Land Use & Zoning Law (National Tier 2)

• Copyright Law (National Tier 3)

• Venture Capital Law (National Tier 3)

KMK received 28 Metropolitan Tier 1 rankings in the 2011-12 “Best Law Firms Survey”:

• Banking & Finance Law

• Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law

• Closely Held Companies & Family Business Law

• Commercial Litigation

• Corporate Law

• Employee Benefits (ERISA) Law

• Equipment Finance Law

• Family Law

• Land Use & Zoning Law

• Litigation – Antitrust

• Litigation – Bankruptcy

• Litigation – ERISA

• Litigation – Labor & Employment

• Litigation – Land Use & Zoning

• Litigation – Real Estate

• Litigation – Securities

• Mergers & Acquisitions Law

• Municipal Finance Law

• Personal Injury Litigation – Defendants

• Personal Injury Litigation – Plaintiffs

• Private Funds / Hedge Funds Law

• Product Liability Litigation – Defendants

• Product Liability Litigation – Plaintiffs

• Project Finance Law

• Real Estate Law

• Securities / Capital Markets Law

• Tax Law

• Venture Capital Law

We take this opportunity to thank you, our clients and colleagues, for bestowing upon us your trust. While we try not to take these recogni-tions—or ourselves—too seriously, we do take seriously the fact that you expended your time and effort to participate in the surveys and interviews that led to these honors. And we are very serious about our commitment to deliver value and exceptional legal and business solu-tions with every matter and case that we handle. For your votes of confidence in KMK, we thank you.

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KMK was ranked #1 in Ohio by The Best Lawyers in America 2012:

• Business Organizations

• Land Use & Zoning Litigation

• Project Finance Law

• Product Liability Litigation

• Real Estate Litigation

• Securities Litigation

KMK was the only firm ranked #1 in Cincinnati by The Best Lawyers in America 2012:

• Closely Held Companies and Family Business Law

• Equipment Finance Law

• Land Use & Zoning Litigation

• Municipal Law

• Private Funds/Hedge Funds Law

KMK was ranked #1 in Cincinnati by The Best Lawyers in America 2012:

• Bankruptcy Litigation

• Business Organizations

• Employee Benefits Law

• ERISA Litigation

• Land Use & Zoning Litigation

• Municipal Law

• Personal Injury Litigation

• Product Liability Litigation

• Project Finance Law

• Real Estate Law

• Real Estate Litigation

• Securities Litigation

• Venture Capital Law

KMK was honored to be included on the National Law Journal’s 2012 Midsize Hot List highlighting the nation’s top 20 midsized law firms.

KMK was honored to be selected for inclusion in the 2012 Top Ranked Law Firms in the Midwest report published by the National Law Journal.

KMK was named the Top Large Law Firm in Ohio in Business & Transactions Law 2011 by Super Lawyers® in the Super Lawyers Business Edition. Notably, KMK was the only large law firm in Ohio to receive this top recognition.

KMK was honored to be recognized on The BTI Client Service A-Team list for 2012, representing “the only law firm ranking based solely on direct, unprompted feedback from corporate counsel” and recognizing firms whose clients “delineate the firm as absolutely best at client service.”

KMK was named one of the top nationally-ranked law firms in the United States in Fortune Magazine’s “2012 Top Ranked Law Firm” list. The list was compiled by LexisNexis Martindale-Hubbell based on a large percentage of AV-rated attorneys.

KMK was named the Commercial Litigation Firm of the Year 2011—USA by Finance Monthly’s Law Awards.

KMK was recognized as a 2012 honoree of the Medical Mutual Pillar Award for Community Service.

KMK was named to The BTI Client Service A-Team list for 2012, representing “the only law firm ranking based solely on direct, unprompted feedback from corporate counsel” and recognizing firms whose clients “delineate the firm as absolutely best at client service.”

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LeadershipManaging Partner Paul V. Muething

Executive PartnerRachael A. Rowe

Practice GroupsBusiness Representation & Transactions Practice Group Leaders: James M. Jansing and Edward E. Steiner

Commercial Finance & Reorganization Practice Group Leaders: John S. Fronduti and Robert G. Sanker

Employee Benefits & Executive Compensation Practice Group Leader: Stephen M. Goodson

Labor & Employment Practice Group Leader: G. Randall Ayers

LitigationPractice Group Leaders: Joseph M. Callow, Jr. and Gregory M. Utter

Private Client ServicesPractice Group Leader: Joseph P. Rouse

Real EstatePractice Group Leader: Daniel P. Utt

Keating Muething & Klekamp PLL publications should not be construed as legal advice on any specific facts or circumstances. Contents are intended for general infor-mation purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our “Contact” form, which can be found at www.kmklaw.com. The mailing or distribution of our publications is not intended to create, and receipt of them does not constitute, an attorney-client relationship. With regards to all content in this and other Firm publications, including but not limited to client testimonials, case studies and descriptions, etc., past results do not predict future outcomes as each case has to stand on its own. To comply with ethical standards for law firms, we are obligated to inform you that THIS IS AN ADVERTISEMENT.

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KMK attorneys perform sophisticated legal work—efficiently and effectively—for our clients in Cincinnati and across the country.

Put the value of KMK to work for you and your organization today.

©2012 Keating Muething & Klekamp PLL. All Rights Reserved.

W W W . K M K L A W . C O M

One East Fourth Street, Suite 1400 • Cincinnati, OH 45202tel 513.579.6400 • fax 513.579.6457 • [email protected]

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