Bench & Bar May/June 2025

vol. 89 no. 3 THIS ISSUE OF THE KENTUCKY BAR ASSOCIATION’S B&B-BENCH & BAR WAS PUBLISHED IN THE MONTH OF MAY. COMMUNICATIONS & PUBLICATIONS COMMITTEE EILEEN M. O’BRIEN chair , lexington PAUL ALLEY florence ELIZABETH M. BASS hendersonville , tenn . JENN L. BRINKLEY pensacola , fla . KYLE R. BUNNELL lexington FRANCES E. CATRON CADLE lexington ALLISON I. CONNELLY lexington JAMES P. DADY bellevue JOHN M. GHAELIAN lexington P. FRANKLIN HEABERLIN prestonsburg JESSICA R. C. MALLOY louisville SANDRA J. REEVES corbin JOHN SCHAAF georgetown GERALD R. TONER louisville ZACHARY M. VAN VACTOR louisville SAMUEL W. WARDLE louisville LITANY L. WEBSTER cincinnati , ohio MICHELE M. WHITTINGTON lexington

CONTENTS 2 President’s Page BY RHONDA JENNINGS BLACKBURN

6 Chief Justice Debra Hembree Lambert Formally Sworn In 8 Justice Pamela R. Goodwine Formally Sworn In

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2025 ANNUAL CONVENTION OVERVIEW

16 Basics of Patent Prosecution BY CHRIS EMERSON 20 Data Privacy has Come to Kentucky. What Should My Organization Do? BY KYLE MILLER AND DALTON CLINE FEATURE: INTELLECTUAL PROPERTY LAW

KATHRYN D. WILLIAMS louisville MARK A. WINSOR lawrenceburg

26 Protecting Proprietary Information of a Business BY PATRICK M. TORRE 30 Is the Value of Courtroom Science Waning? The Disturbing Trend of Bad Science BY JUDGE DAVID TAPP AND KATHERINE TAPP

PUBLISHER JOHN D. MEYERS EDITOR EILEEN M. O’BRIEN

COLUMNS

MANAGING EDITOR SHANNON H. ROBERTS DESIGN & LAYOUT JESI L. EBELHAR

38 Northern Kentucky University Salmon P. Chase College of Law 42 University of Louisville Louis D. Brandeis School of Law 44 Effective Legal Writing BY ALEXANDRA J. SIPES 52 Kentucky Bar Foundation 51 Kentucky Lawyer 54 Continuing Legal Education DEPARTMENTS Assistance Program

36 Young Lawyers Division BY DONALD H. COMBS III 40 University of Kentucky J. David Rosenberg College of Law

THE B&B - BENCH & BAR (ISSN-1521-6497) IS PUBLISHED BI-MONTHLY BY THE KENTUCKY BAR ASSOCIATION, 514 WEST MAIN STREET, FRANKFORT, KY 40601-1812. PERIODICALS POSTAGE PAID AT FRANKFORT, KY AND ADDITIONAL MAILING OFFICES. ALL MANUSCRIPTS FOR PUBLICATION SHOULD BE SENT TO THE MANAGING EDITOR. PERMISSION IS GRANTED FOR REPRODUCTION WITH CREDIT. PUBLICATION OF ANY ARTICLE OR STATEMENT IS NOT TO BE DEEMED AN ENDORSEMENT OF THE VIEWS EXPRESSED THEREIN BY THE KENTUCKY BAR ASSOCIATION, ITS BOARD OF GOVERNORS, SECTIONS, DIVISIONS, COMMITTEES, OR MEMBERS. ANNUAL DUES AND IS NOT LESS THAN 50% FOR THE LOWEST SUBSCRIPTION PRICE PAID BY SUBSCRIBERS. FOR MORE INFORMATION, CALL (502) 564-3795. POSTMASTER SEND ADDRESS CHANGES TO: B&B - BENCH & BAR 514 WEST MAIN STREET FRANKFORT, KY 40601-1812 SUBSCRIPTION PRICE: $20 PER YEAR. MEMBERS SUBSCRIPTION IS INCLUDED IN

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Law Practice Management BY STEVE EMBRY

46 Lawyer Wellbeing BY DR. ERIC Y. DROGIN 48 July Bar Applicant Listing BAR NEWS

50 Pro Hac

Announcement

60 Who, What, When and Where

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Cover and several inside graphics by ©istockphoto.com/JesiEbelhar