David Betras lauds Afroman as a hero of the First Amendment, explains why defamation suit filed against rapper was doomed

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In this episode of Legally Speaking on WFMJ Today, BK Managing Shareholder David Betras lends his unique perspective to the captivating case of Afroman, the rapper whose house was raided by the Adams County Sheriff’s Office.

Unfortunately for the deputies—and much to amusement of millions of people around the world—the entire incident, which included a rotund deputy longingly eyeing a piece of lemon pound cake on Afroman’s kitchen counter, was preserved for all time on the rapper’s extensive surveillance camera system. The raid produced no evidence of wrongdoing on Afroman’s part, who immediately did what he does best with the footage: use it as inspiration for a number of rap songs that were, shall we say, less than flattering to the deputies. The rapper’s creations went viral moments after he posted them on social media, eliciting worldwide scorn and derision for the deputies .

Unamused and totally lacking senses of humor—just as they had lacked evidence the Afroman was engaged in criminal acts—the deputies filed defamation suits against him in Adams County Common Pleas Court claiming they had been damaged by the videos. Among the damage: the deputy who eyed up the lemon pound cake received hundreds of them In the mail…

As David notes, the suit should have been summarily dismissed by they judge assigned to hear it. He didn’t and the case went to trial. After some testimony from the plaintiffs that was absolutely hilarious, the jury in the small rural county ruled in Afroman’s favor, proving, David observed that the Constitution is the Constitution and juror’s knew and obviously appreciated well-done satire when they saw it. And that, David said, was the key to the verdict in the case because satire is protected by the First Amendment. “I love this case because even in the smallest county in Ohio the jurors saw saw that this was really a ridiculous lawsuit.

David explained that the outcome of the case hinged on whether Afroman had libeled or slandered the deputies. A defendant is guilty of liable or slander if they knowingly made false accusations or statements about a person or persons and those parties suffered damages. Clearly, Afroman didn’t make any false accusations, everything the deputies did was caught on tape.

In addition, in 1988 the United States Supreme Court ruled unanimously in Hustler v. Falwell that ruled that the First Amendment prohibits public figures from recovering damages for emotional distress caused by parody or satire, even if it is “outrageous.” The deuputies were clearly public figures and Afroman’s work was indisputably satire. That’s why the judge should have tossed the case out of court immediately.

Fortunately, the jury corrected his error. So, to sum up, at the end of the day justice was done, the deputies who participated in the raid were justifiably embarrassed, and Afroman became an international superstar. And people ask me why I love the law…

BetrasKopp earns multiple Five Star Google Reviews from clients

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How do we ear so many glowing Five Star Google reviews from clients?

By doing what we always do: fighting tirelessly to seek and secure justice for our clients…
If you are someone you know has been injured in a car crash, hurt by a negligent doctor or health care provider, is suffering because someone else was negligent, is facing criminal charges, or is involved in a business dispute, contact the law firm that goes the extra mile for every client: BetrasKopp.

Here is a sample of our recent reviews:

Attorney Tallie Orengia

Kimber S.: I cannot say enough positive things about Attorney Tallie Orengia. From the very beginning of my custody case, she was professional, knowledgeable, and genuinely invested in my family’s well-being.

Custody cases are emotionally exhausting, but Ms
Orengia consistently provided reassurance, clear guidance, and strong advocacy every step of the way.
She took the time to truly listen to my concerns, explained the legal process in a way that was easy to understand, and always made sure I felt prepared and informed. Her attention to detail, strategic approach, and dedication to achieving the best possible outcome were evident throughout the case.
What stood out most was her compassion combined with her confidence in the courtroom. She fought tirelessly on my behalf while remaining respectful and focused on what was in the best interest of the child. I always felt supported and never like just another case.
I am incredibly grateful for her hard work and highly recommend Attorney Tallie Orengia to anyone in need of an exceptional family law attorney, especially for custody matters.

Gary  Squire: Dave Betras was outstanding on my case. He gave me his cell number always answered my calls his staff, including Julie were very nice to me and I was very happy about the outcome of my case.

D Custer: Very professional , helping me with all my legal needs . A great team of attorneys !!! Thank you !!

Grant Howdershelt posted: I’ve had several cases that Dave and the form has handled over the years,I must say they are the best.
Ashley: Dave is a wonderful attorney along with being very knowledgeable in the malpractice space ! He Recently talked with my father regarding some issues and helped him along the way as to what steps to take next! If you are looking for an attorney to help Dave is the guy !!!

Joseph Nohra: Where do I start? This firm gave me my life back. Attacked by the media and let down by many others who tossed me and my family aside, David, Brian, their attorneys, investigator, Kim, Julie, other staff, etc, etc, etc never left my side. On my lowest days, David and Brian double teamed on every facet of my case. They were honest and completely committed. They helped my spouse and children to cope with this aggressive case against me. All angles were addressed and they dropped everything to get me to the finish line. When I look back at this, I thank god that good friends – two very close true friends and brothers connected me to them. Watching them work was incredible. I could write for an hour about this firm. Not enough stars to rate them!

Allyson Fonseca: Betras is The best attorney in northeast Ohio! His office went above and beyond to get my case dismissed. Julie his paralegal was amazing her communication and all around knowledge made my nerves at ease going through such a tough situation. Thank you so much to Betras and the whole team you guys are amazing!

Juan Gomez Maldonado: Attorney Cassese. Worth every dime. This lawfirm has the best in both areas where I live Ohio and Florida . I’m always covered.

John Cantry Jr.: This Betras Law Firm is the best ever in the Entire area..There is not much this Law firm cannot do for you. PERSONAL INJURY, CRIMINAL, ETC….Mr. D.J.Betras is an absolute beast in any court room. Very, very well respected by Judges, prosecutors, and other lawyers. If this firm cannot help you, then it can’t be done. His own private investigator who assists in any form on various cases.

Dr. Pinkett: I am writing to highly recommend David Betras Law Firm for their exceptional legal representation and unwavering professionalism during a very difficult time for our family.

When our son encountered legal trouble while visiting from out of town, we were overwhelmed, unfamiliar with the local system, and deeply concerned about how everything would unfold. From our very first interaction, Mr.Betras was quick to respond, clearly communicated the process, and took immediate action to ensure our son’s rights and well-being were protected.
What stood out the most was his patience and compassion—not just with our son, but with us as a family. Our son being far from home in a stressful situation, it meant the world to have someone who treated us with such care, answered every question thoroughly, and never made us feel rushed or dismissed.
Thanks to Mr. Betras efficiency and legal expertise, we were able to navigate the situation with confidence and clarity. We are deeply grateful for the support and professionalism we received, and we would not hesitate to recommend him to anyone in need of a capable and compassionate attorney.

David Betras: more traffic stops, arrest are behind push for tougher seat belt law

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Why did Governor Mike DeWine ask the members of the Ohio General Assembly to make driving without a seatbelt a primary rather an a secondary offense?

BK Managing Shareholder David Betras answered that question and provided important information about what drivers should and shouldn’t do during a traffic stop in this edition of Legally Speaking on WFMJ Today. Watch the sement here.

At the outset, David reminded because driving without a seat belt is currently a secondary offense you can only be ticketed for it if you are stopped for another reason, i.e. speeding, running a red light, driving erratically, etc.

Before I offer my opinion on why the Governor wants to change the law, I want to remind everyone that as a general rule, the Fourth Amendment to the United States Constitution, requires law enforcement to obtain a  warrant before they can search persons, places, personal belongings –just about anything.

But the U.S. Supreme Court has carved out exceptions to the protections afforded citizens by the Fourth Amendment.

For example, we have less constitutional protection in our cars than we do in our homes.  So, in most cases, if the police want to search your home, they’re going to need a warrant because your home is your castle.

If, however, you’re driving down the street and you commit a traffic violation, cross the line, blow a red light, speed, that gives police the reasonable, articulable suspicion they need to pull you over.

What should you do when that happens?

First, pull over right away.

Second, keep your hands on the wheel at ten and two. Keeping your hands visible is critically important because this is the most dangerous time in a traffic stop from the officer’s perspective. They don’t know if someone just hijacked the car or if it’s actually Steve Vesey behind the wheel. When they arrive at the driver’s side window, they’re going to ask for three things:   your driver’s license, vehicle registration, and proof of insurance.

Take my advice here, because I get pulled over for speeding a lot and I know how to smooth out the process for all involved. I keep my registration and my insurance card in my visor. And then when the officer says, can I see your driver’s license? I always say to him, officer, I’m going to reach into my pocket and get it. Is that okay?

They always say yes.

If the officer asks you to get out of the caryou have to get out of the car. If you don’t get out of the car, they’re going to drag you out. People think, oh, I’m going to exercise my constitutional rights and refuse.

I tell people this all the time: the side of the road is not the place to engage a police officer in a debate about the Fourth, Fifth, or Fourteenth Amendments. Bu getting out of your car is the last thing you can be compelled to do during a traffic stop.

That means you do not have to answer questions you may be asked:

Where are you going? Officer, I choose to remain silent. Where are you coming from? Officer, I choose to remain silent. Were you drinking tonight? Officer, I choose to remain silent. Do you know why I pulled you over? No, officer, I don’t. The fact is you may incriminate yourself by answering any one or a combination of those questions.

So, be courteous, be nice, and just shup up.

Here’s another vital tip: don’t get out of your car before they ask you to do so. Exiting your vehicle before they instruct you to makes them very nervous.

Whether you remain in your car or leave it, if the police ask your permission to search your care never, never, never, say yes. If they had probable cause to search your car, they wouldn’t have to ask. But if they ask and you say yes and they find an old joint or discover something else that indicates you’re breaking the law you’re punched your own ticket to an arrest.

Finally, now that Ohio is a so-called Constitutional carry state you are allowed to carry a handgun your car, if a police officer asks if you have a gun in the car you are not allowed to lie. But I suggest that you tell an officer there is a gun in the car and where it is located.

All that said, I’ll now tell you why I believe the governor wants to move not wearing a seat belt from a secondary to a primary offense. It’s not to improve safety or reduce injuries caused by car wrecks.

It’s because, and call me cynical if you wish, doing so give cops another reason to make traffic stops which creates the opportunity for them to determine if the motorist in question is committing other crimes for which they can be arrested.

It’s as simple as that: more stops equals more arrests. So, in addition to making sure that your head doesn’t go through the windshield if you are in a crash, if Governor DeWine gets his way, buckling up will help keep you out of the big house.

As always, thanks for watching Legally Speaking on WFMJ Today. If you enjoy this program and wide variety of content we create, do us a sold by mashing the “Like,” “Subscribe,” and “Share” buttons. We deeply appreciate your support.

Tis the season to review Betras Kopp’s winter driving tips…

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Just in case you haven’t looked outside yet, our “Three Ps” of safe winter driving tips will be extremely relevant and useful over the next couple of days.

Please be careful on the roads, and remember, if someone who isn’t driving safely runs into you or a member of your family, contact Betras, Kopp & Markota right away to arrange a free consultation to discuss your accident. Our experienced team of investigators and attorneys will evaluate your case, provide rock-solid advice, and fight to get the money your family needs and deserves.

So call the LOCAL law firm big enough to win millions from the insurance giants: BetrasKopp.

SAFETY ON WINTER ROADS

Bad roads can lead to bad wrecks. Driving on snow-covered, icy roads is tricky—even for those of us who have been doing it for decades. In order to help drivers avoid accidents, the National Highway Transportation Safety Administration and OSHA have developed the “Three Ps” of winter driving safety:

PREPARE for the trip. PROTECT yourself. PREVENT crashes on the road.

Some of the advice is pretty obvious—like making sure all the ice and snow is scraped off all your windows before you head down the road. But even though common sense dictates that being able to see is critical to safe driving, we’ve all seen people weaving around as they peer out of the very small space they’ve cleared on their windshield that looks like a porthole on a tank’s gun turret. There’s only one difference: a car isn’t a tank rolling through woods, it’s a car lurching down a road crowded with other vehicles that can be hit because the driver can’t see them, lane lines, traffic signals, or stop signs. So let’s start with the obvious, clear off all your windows, it’s a great way to prevent collisions. We’re talking to guys in particular because as the graphic shows, men are a lot more likely to drive in cars with ice-covered windows than women…

Here are the rest of NHTSA’s “Three Ps:

PREPARE

Maintain Your Car: Check battery, tire tread, and windshield wipers, keep your windows clear, put no-freeze fluid in the washer reservoir, and check your antifreeze.

Have On Hand: flashlight, jumper cables, abrasive material (sand, kitty litter, even floor mats), shovel, snow brush and ice scraper, warning devices (like flares), and blankets. For long trips, add food and water, medication, and cell phone.

Plan Your Route: Allow plenty of time (check the weather and leave early if necessary), be familiar with the maps/ directions, and let others know your route and arrival time.

Practice cold weather driving when your area gets snow — but not on a main road. Until you’ve sharpened your winter weather driving skills and know how your vehicle handles in snowy conditions, it’s best to practice in an empty parking lot in full daylight. Note our emphasis on the word “empty.”

Know what your brakes will do: stomp on antilock brakes, pump on non-antilock brakes.

Stopping distances are longer on water-covered ice and ice.

Don’t idle for a long time with the windows up or in an enclosed space.

PROTECT YOURSELF

Buckle up and use child safety seats properly.

Never place a rear-facing infant seat in front of an airbag.

Children 12 and under are much safer in the back seat.

Stopped or Stalled? Stay in your car, don’t overexert, put bright markers on antenna or windows and shine dome light, and, if you run your car, clear exhaust pipe and run it just enough to stay warm.

Don’t idle for a long time with the windows up or in an enclosed space.

PREVENT CRASHES

Drive slowly. It’s harder to control or stop your vehicle on a slick or snow-covered surface. On the road, increase your following distance enough so that you’ll have plenty of time to stop for vehicles ahead of you.

A word of caution about braking: Know what kind of brakes your vehicle has and how to use them properly. In general, if you have antilock brakes, apply firm, continuous pressure. If you don’t have antilock brakes, pump the brakes gently.

Stay calm and ease your foot off the gas while carefully steering in the direction you want the front of your vehicle to go if you find yourself in a skid. Stay off the pedals (gas and brake) until you are able to maintain control of your vehicle. This procedure, known as “steering into the skid,” will bring the back end of your car in line with the front.

Drugs and alcohol never mix with driving.

Texting while behind the wheel is especially dangerous in winter conditions. Put your phone down.

IF YOU ARE INVOLVED IN AN ACCIDENT CALL BK

Here’s one more tip: even though you do everything right, someone who does just one thing wrong in icy conditions can cause an accident in the blink of an eye. If you’re involved in a wreck caused by a careless or distracted driver contact BetrasKopp BEFORE you talk to an insurance agent or adjuster. We’ll arrange a free consultation that will give us the opportunity to evaluate your case and provide you with sound advice that will protect your rights and your ability to secure justice and the financial settlement you and your family need and deserve.

For more information, check out NHTSA’s interactive winter driving safety website by clicking here.

Tallie Orengia dominates Heart of a Champion pigskin prognosticator contest in Week 1…

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What can we say?
The results are in for Week One and Tallie Orengia, the newest member of the BK squad breaks out  on top followed by Mark the Shark DeVicchio.
Meanwhile, the Commodore’s ship has run aground, anchored in the muck by a sea of bad picks.
Check out tne next HOC broadcast on Friday, September 12…

HOC Week One Show
t’s the program you’ve all been waiting for…

BK’s pigskin prognosticators are back on the air for the second exciting and entertaining season of the Coach John Kopp Heart of a Champion Show.
This year we’ve added a new expert to the lineup: Attorney Tallie Orengia who, along with defending ’24–’25 champion Jim Melfi opened the season 2-0 while the Commodore, Daniel “Kid” Leslie, and Frank Cassese went 0-2 and Mark the Shark DeVicchio posted a 1-1 mark.
Just as an FYI, the Commodore in a move that was based more on strategy than football knowledge, picked the same teams as Jimmy Melfi.
This week the crew picks six games, Mooney v. Canfield and five NFL contests. Check our Facebook page on Monday for the results.
As always, if you enjoy our content, mash the Subscribe, Like, and Share buttons with as much ferocity as the Buckeyes mashed the Longhorns last week in the Shoe…

Corporate greed, regulatory failures responsible for hundreds of deadly big rig accidents each year, Betras Kopp is fighting to make the roads safer by holding truckers accountable

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Attorney David Betras
BK Managing Partner David Betras

Since MahoningMatters offered me the opportunity to grace their website with this column each week, I’ve addressed everything from COVID to corruption, distracted driving to democracy and dozens of topics in between. But if pressed to pick the most important subject I write about, is highlighting the role personal injury attorneys and the civil justice play in saving lives, preventing injuries, and making our nation and our world safer places to live, work, travel, and play would be numero uno on my list.  

Over the years I’ve shined a spotlight on exploding Pintos, Boeing’s fatally flawed Max 8, lethal medical devices and drugs, cigarettes, and myriad other products and practices that sowed carnage, death, and destruction across the land. As my regular readers know, there is a common thread that runs through these largely avoidable tragedies. They were all the result of corporate greed, cost-benefit analyses that placed corporate profits above the value of human life, regulatory failures, secrecy and lies, suppression and persecution of whistleblowers, as well as influence peddling and lobbying by business interests and trade groups.  

And there is one additional point of commonality: the human toll associated with each of these deplorable episodes: the number of people hurt and killed would have been exponentially higher if lawyers like me, my partners, and the other members of the trial bar had not taken on the difficult and expensive task of suing the largest corporations in the world and winning large settlements for victims and families that forced businesses to make products safer or remove them from the market altogether.

I’m revisiting the topic today because America’s Dangerous Trucks, a recent episode of PBS’ outstanding Frontline documentary series clearly shows that corporate greed and the other factors that have put Americans needlessly at risk for decades are at play in the trucking industry. The film opens at the side of the road near the spot where 16-year-old Riley Hein burned to death when his car slid under and was pinned beneath the back wheels of a 40” trailer.

After losing Riley, his father Hunter learned what we do in the course of the documentary:  Riley and the hundreds like him who perish in what are known as “underride” crashes each year did not have to die. Those killed include Marianne Karth’s daughters AnnaLeah and Mary who lost their lives when the car in which they were riding was pushed under one truck after being hit by another. In the wake of the tragedies the families found that the trucking industry had been battling against underride crash safety measures proposed by the National Highway Transportation Safety Administration (NHTSA) since 1981.

They also discovered that NHTSA, like the Federal Aviation Administration (FAA) which is responsible for aviation safety, is a captive agency controlled and dominated by the very industries it is charged with regulating, and that NHTSA uses an economic formula to determine whether to impose new safety standards. If the cost equals more than $12.5 million for each life saved, it won’t be adopted. That’s the same type of cost-benefit analysis Lee Iacocca and Ford made when they decided to sell exploding Pintos.

I hope you share my disgust with the fact that the price of a human life was calculated by the government agency that is supposed to keep our highways safe rather than a profit-driven corporation. 

Which is not to say that the trucking industry and its trade group, the American Trucking Association (ATA) don’t have blood on their hands. Not only did they stop NHTSA from strengthening rear and side collision guards that would reduce the severity of underride crashes—a step that would add less than $250 to the cost of a trailer, they have kept truck safety legislation bottled up in Congress, and launched a successful campaign to convince state legislatures across the county to enact laws that will make it more difficult to hold truckers accountable for the deaths and injuries that occur when big rigs collide with passenger vehicles and motorcycles. Yes, it’s the big rig version of tort reform.

At the end of the film, we learn that the Hein’s sued the company that owned the truck that caused Riley’s death. In 2019 a jury awarded them $19 million—a figure that caught the attention of trailer makers and truckers, many of whom, in yet another demonstration of the power of the civil justice system, began installing improved rear and side underride guards.

Despite that important victory, Hunter Hein remains concerned. “You know, Riley was killed in 2015. We’re seven and a half years into this fight. It’s hard to just sit and watch and wait and hope that NHTSA will do the right thing. It’s really frustrating.”

“It’s very hard to get this agency to actually adhere to their mission to save lives. I mean, I’m an optimistic person, but I’m cautiously optimistic. I still think that the industry has a lot of power and a lot of undue influence with NHTSA. And it is incumbent, I think, upon all of us advocates and people that are very concerned about how many people are dying from side underride crashes to keep the pressure on NHTSA.”

I agree, and we should all demand that the agency free itself from the influence of the auto and trucking industries and begin to do its job.

Lady justice with a colorful sky behind her

Attorney Frank Cassese secures acquittal in aggravated murder case, says verdict proves the criminal justice system works

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Attorney Frank Cassese

Attorney Frank Cassese, leader of Betras Kopp LLC’s (BK) Criminal Defense Practice Group, said today’s acquittal of Daundre Turner on charges of aggravated murder, murder, and robbery, demonstrates the value and effectiveness of the criminal justice system. A Mahoning County Common Pleas Court jury returned the not guilty verdicts after deliberating for six hours.

Mr. Turner was accused of the 2016 killing of Omar Croom on Youngstown’s Eastside. Youngstown Police detectives who investigated the crime at the time did not have sufficient evidence to recommend charges be brought against Mr.Turner. He was arrested, charged, and jailed in early 2023 when a different YPD officer reopened the cold case.

According to Attorney Cassese, the prosecution’s case was based on statements offered by Ranee Fitzgerald, Mr. Turner’s spouse who was charged with complicity to aggravated murder in Mr. Croom’s killing. She waived spousal privilege and testified against her husband during the trial. “The prosecution did a very professional, thorough job with the evidence they had, but at the end of the day, they simply could not convince the jury my client was guilty beyond a reasonable doubt.”

BK Managing Partner David Betras said the outcome of the case was determined by two factors: Attorney Cassese’s ability to identify and select jurors who would listen to the evidence with an open mind and his devastating cross examination of Fitzgerald. “Time after time, Frank pointed out inconsistencies and conflicts in her testimony that raised serious doubts about her veracity and credibility,” Atty. Betras noted.

“This verdict underscores the important role preparation, skill, knowledge, instinct, and sheer talent play in criminal trials,” he continued. “Frank spent hundreds of hours examining the evidence and statements the prosecution would offer at trial, preparing for jury selection, and crafting the questions he asked during cross examination—questions that determined the outcome of the case.”

“I’m extremely pleased by the verdict and gratified that Mr. Turner, who has been incarcerated in the Mahoning County jail while awaiting trial was set free today,” Atty. Cassese. “Along with our commitment to doing whatever is necessary to seek and secure justice for our clients, the entire BK team believes the cornerstone of the justice system is the American jury. Today, our faith in that system was validated.”

FTC strikes blow for economic freedom by banning non-compete clauses

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Attorney David Betras

BKM Managing Partner David Betras

Nearly every Thursday evening for more than 30 years I’ve hosted “Legally Speaking” on WKBN 570. During the program, which is now also aired live on our Facebook page, YouTube channel, and Instagram, I and attorneys from my firm answer listener questions, dispense sage, insightful, and free legal advice, and engage in entertaining and informative banter about various aspects of the law.

Over the course of the approximately 1,500 episodes that have been broadcast some issues have been raised so many times they’ve made it onto the Legally Speaking “greatest hits” list. They include disputes among neighbors related to property damage caused by trees and tree branches that crash to earth, domestic relations disputes, disputes among heirs, whether local governments can be forced to pay for flat tires and ruined wheels caused by potholes, and the enforceability of employment non-compete agreements.

That non-competes are a frequent topic of discussion on the show may come as a surprise to some. It shouldn’t. According to the Federal Trade Commission (FTC), 30 million people or one in five American workers are bound by restrictive agreements that trap them in jobs they no longer want or prevent them from accepting new positions that offer better pay and working conditions.

And, as this compelling video and the desperate people who call Legally Speaking make clear, the agreements rob everyone from CEOs, to tech workers, to salespeople, to hair stylists of their freedom to choose where and by whom they are employed. Originally intended to prevent CEOs and other executives from stealing trade secrets, studies show that millions of low paid workers like janitors, cooks, and waiters, are subject to the agreements even though they have no access to trade secrets or confidential corporate information.

We’re often asked if Ohioans can be forced to sign non-competes as a condition of employment and once signed if they can be enforced. The answer to the former question is yes, people may be forced to sign the agreements as a condition of employment. The response to the latter is more complicated. Non-competes are enforceable if a judge finds they are “reasonable” under this three-part test that was developed by the Ohio Supreme Court. To pass the test, agreements must not:

  • Be greater than necessary to protect the employer’s legitimate business interests
  • Impose undue hardship on the employee
  • Be injurious to the public

But, as we tell those who call us to seek advice, challenging a non-compete can be a costly and time-consuming endeavor that most workers who find themselves chained to a job are unable to afford, a fact that adds to the fundamental unfairness of a situation that robs Americans of their basic economic rights.

Fortunately, and in an action that proves government can actually solve problems, the FTC enacted a nationwide ban on new non-competes by a 3-2 vote on April 23. The action came two years after President Biden urged Commission members to “curtail the unfair use of the agreements.” More than 26,000 people submitted public comments about the proposed rule during the time it was under consideration.

“Noncompete clauses keep wages low, suppress new ideas, and rob the American economy of dynamism, including from the more than 8,500 new startups that would be created a year once noncompetes are banned,” FTC Chair Lina M. Khan said in a statement issued following the vote. “The FTC’s final rule…will ensure Americans have the freedom to pursue a new job, start a new business, or bring a new idea to market.”

Predictably, the U.S. Chamber of Commerce which had vehemently opposed the ban, decried the vote and said it would sue to block imposition of the rule because it would “undermine American businesses’ ability to remain competitive.”

I’m not quite sure how empowering a hair stylist in Toledo to work in a salon where she can make more money or enabling an auto mechanic to accept a better paying job will undermine the American economy, but in my opinion freeing millions of Americans to pursue their careers and their dreams is worth the risk.

David Betras, Brian Kopp announce plans for continued growth as their law firm marks 25th anniversary

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Attorneys David Betras and Brian Kopp marked the 25th anniversary of the founding of one of the region’s most respected and successful law firms by reaffirming their commitment to the communities they serve and unveiling a comprehensive plan that will ensure the continued growth of their multi-disciplinary, multi-state practice which will now operate under the name Betras¨ Kopp LLC.

The firm was founded in 1999 when Betras, who began practicing law with his father Joe and Uncle Pete after graduating from Capital University Law School in 1985 and Kopp who had just completed a Federal Clerkship with United States District Court Judge Peter C. Economus decided to strike out on their own. In addition to building a thriving practice in the Mahoning Valley, Kopp spearheaded both the firm’s expansion into Tampa and Sarasota, Florida, and the impressive growth of BK’s complex corporate litigation and sports law practice. Attorneys Betras and Kopp have both earned the prestigious “SuperLawyers” designation.

The partners recently began implementing their plan for growth by adding attorneys Frank Cassese and James Melfi to the firm’s roster of outstanding lawyers. Attorney Cassese, who graduated from Cardinal Mooney High School and Ohio State University before receiving his law degree from Cleveland Marshall School of Law in 2015, will focus on civil and criminal litigation. Attorney Melfi, a graduate of Girard High School and Miami University (OH), received his Juris Doctorate from Capital University Law School in 2019. He is licensed to practice in Ohio and Florida and is a member of the firm’s Complex Litigation Practice Group.

“In addition to impressive legal skills and credentials, Frank and Jim bring an incredible amount of energy to the firm,” Attorney Betras said. “They are eager to learn, possess strong work ethics, and are more than willing to put in the long hours it takes to seek and secure justice for our clients.”

“Adding these two talented attorneys to our team will enable us to significantly expand the firm’s professional and geographic reach and maintain the strong presence we have in our existing markets,” Attorney Kopp, leader of BK’s complex litigation and sports law practice groups said. “David and I are pleased Frank and Jim \joined the firm and excited about the prospect of working and growing with them in the years ahead.”

According to Atty. Betras, the growth strategy also includes rebranding the firm. “Over the past 25 years we’ve operated under a number of iterations of Betras, Kopp and someone,” he said. “Every time we changed the name we had to go through the costly and time-consuming process of changing everything from our letterhead to our TV ads, to our digital platforms, to our business cards, to our corporate registrations. It’s a process we do not want to repeat multiples times as we expand in the years ahead.”

“So, we decided to do it one more time and build off Betras and Kopp, the names that are at the core of our corporate identity,” Betras continued. “We’ve changed the firm name to Betras¨ Kopp LLC Attorneys at Law and have adopted a new, clean, modern logo. Our website URL is now www.betraskopp.com, we’re producing new TV ads, revising and upgrading our digital platforms and content, and taking all the steps necessary to inform our clients, the legal community, and the public about our new brand.”

While the makeup of the firm and its name are changing, one thing remains constant: David Betras’ and Brian Kopp’s commitment to their hometown. “For nearly a century residents of the Valley have relied on us to meet their legal needs,” Betras said. “It started in 1929 when my Uncle Pete opened a small law office in downtown Youngstown. When my dad, Joe, returned from serving in World War II, he used the GI Bill to go to law school and joined him. After being immersed in the law our entire lives my cousin Brian and I launched our first firm in 1999, and now, a quarter-century and thousands of satisfied clients later, he and I are writing a new chapter in our family’s legal legacy.”

BKM Managing Partner David Betras scores a big win for Trumbull County Commissioner Niki Frenchko, democracy, and Constitutional rights in federal court…

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Federal Judge rules Trumbull County officials repeatedly violated Niki Frenchko’s Constitutional rights, Commissioner vows to continue fight for government accountability and transparency

BKM Managing Partner David Betras and Trumbull County Commissioner Niki Frenchko

“Here in America, we do not arrest our political opponents.” Those tens words comprise the first sentence of a scathing 81-page opinion in which U.S. District Court Judge J Philip Calabrese found that Trumbull County Commissioners Frank Fuda and Maro Cantalamessa, Trumbull County Sheriff Paul Monroe, and Trumbull County Sheriff deputies Harold Wix and Robert Ross willfully violated Commissioner Niki Frenchko’s rights under the First and Fourth Amendments to the U.S. Constitution when they repeatedly attempted to silence her and prevent her from representing the interests of her constituents.

The ruling comes in a federal civil rights lawsuit filed on Commissioner Frenchko’s behalf in March of 2023 by Attorneys David Betras and Matt Miller-Novak formerly of Austintown, Ohio who now practices in Cincinnati. In the suit they alleged that Commissioner Frenchko’s arrest during the July 7, 2022 Trumbull County Commissioners meeting was a “…ruthless false arrest intended to punish a political adversary for criticizing the County Sheriff…” In addition to finding that the five defendants had indeed violated Commissioner Frenchko’s rights, Judge Calabrese also stripped them of their sovereign immunity which means they can be held individually liable for monetary damages.
“I was compelled to file this suit because if public officials can use their offices and power to silence me, they can do it to anyone,” Commissioner Frenchko said after the decision was announced. This is a tremendous day for freedom of speech, the rule of law, and democracy,” “The people of Trumbull County elected me in 2020 because I promised to bring transparency and accountability to county government. When I kept my word, I was harassed, assaulted, and ultimately arrested, but I would not be intimidated. Today’s ruling both vindicates what I have done in the past and gives me the strength to continue fearlessly doing the people’s business in the months and years ahead.”
“I said at the time that this incident was a scene out of Russia and other dictatorships where despots like Vladmir Putin and Syria’s Bashar al-Assad routinely arrest and jail their political opponents,” Atty. Betras said. “But there it was, live on Facebook, an elected official arrested and silenced by her political enemies for exercising her First Amendment rights. It was absolutely chilling and I and Commissioner Frenchko are truly grateful that those who committed these vile acts are now being held accountable. This decision sends a loud and clear message: political oppression is not acceptable in the United States.”
Check out media coverage of the case on these outlets: