2 credits

The class covers the basic structure and function of US legal institutions: the congress, the president, and regulatory agencies, and, especially, the federal courts. It examines the role of state law and state courts in the American system of federalism. The course also studies the American judicial processes of constitutional analyses, interpretation of statues, and development of common law. Some attention is paid to court procedures, including trial by jury. Finally, students study a few topics that are illustrative of the treatment of individual rights in American law, such as freedom of speech, anti-discrimination law, and protection of private property. The class grants two credits towards the American Law degree.

2 credits

This two-credit Legal Research and Writing seminar is required for LL.M. students in the American Law program and optional for students in the LL.M. programs in Banking and Financial Law and Taxation. It is specifically designed to introduce foreign lawyers to the basic principles of American legal writing. In small class settings and individual conferences, students receive guidance on drafting and editing memoranda and agreements. Their work is critiqued and rewritten. The research component of the seminar trains students to locate cases, statutes and secondary material through indexing systems and the latest computer technology. Research assignments are integrated into writing assignments -- exposing students to the methods of US legal analyses -- so that by the end of the term, students obtain the skills needed to write memoranda appropriate for submission to US law firms.

3 credits

This course will give you an introduction to copyright, including a foundation in the theories underlying copyright law, an understanding of the current contours of copyright protection, the basic elements of proving infringement, the fair use defense to and remedies for infringement, and familiarity with related forms of liability such as contributory and vicarious liability. Each class meeting will consist of a combination of lecture and class discussion. Our discussions will focus on discussion of the reading – including cases and policies – and applying the reading to new scenarios. We'll work through hypotheticals based on real-world examples and explore scenarios that will require you to think from a variety of different perspectives. Grading will be based on class participation, including problem sets and hypotheticals worked on in groups, and a 3-hour, closed book, final exam.

3 credits

This course will consider legal and policy challenges arising from rapidly evolving threats in cyberspace. It will define an array of cyber threats, and consider the ways in which they impact a range of governmental and non-governmental actors and entities. It will identify the domestic and international legal frameworks that regulate conduct in cyberspace--including laws related to cybercrime, cyberespionage, and cyberwar--and examine substantive and institutional questions such as: What existing principles limit cyber threats? What are the norms emerging through state practice? How should we fill in the gaps? Who should make these decisions? How should they be enforced? The course will explore these questions within the context of broader policy debates about Internet governance and the role of governmental and non-governmental actors in defending against cyber threats; state restrictions on civil rights and liberties in defending against cyber threats; allocation of decision-making among (and within) the branches for U.S. cybersecurity; and issues of secrecy and accountability. The objective of this course is to deepen our understanding of the existing threats and protections in cyberspace, the regulatory challenges that exist, and the institutions that should address them. No technical knowledge is required. Familiarity with public international law, administrative law and criminal procedure is helpful, but not necessary. International law concepts will be introduced as necessary.

3 credits

The collection, use, storage, and sharing of personal data has become increasingly important throughout society, from commerce to government and from health care to finance. For good reason, we call this the Information Age. Recall the countless high- profile privacy and data security controversies you have heard about in the last year: location tracking; inaccurate credit reports causing lost jobs; data breaches, hacking and identity theft; and government surveillance. Law has responded with a dizzying array of new rules -- and a rapidly growing area of professional specialization for attorneys. This course serves as an introduction to the emerging law of data privacy. By the end, you will be well grounded in many challenges facing any enterprise, public or private, that collects, processes, uses, and stores personal information. In addition to knowledge of constitutional, statutory, and common law rules as well as federal and state enforcement activity, we will learn about the policy questions that arise in this dynamic area, the legally relevant questions to ask when assessing information practices, and some of the many nonlegal models of information governance. You will gain a basic understanding of data privacy regulation in other countries, particularly the European Union. All students will benefit from more sophisticated knowledge about an issue that appears in the news every single day. But there are significant professional payoffs too. Major law firms have organized entire practice areas devoted to privacy and data protection law. In the last seven years the International Association of Privacy Professionals (IAPP), a key trade association in this space, more than tripled in size to 12,000 members. These trends mean that law school graduates will have increasing job opportunities in data privacy and security law. Meanwhile, in many other practice areas -- such as securities, labor and employment, health, advertising, and the list goes on -- familiarity with privacy and security law has become a major asset. Plus, the issues are fascinating and fun. If nothing else, you can have great conversations at parties.

4 credits

In our modern information economy, the law of intellectual property has taken on enormous importance to both creators and users. This course introduces students to the principles of trade secret, patent, copyright, and trademark law, and explores the ways in which those principles are shifting and adapting in response to new technology. The course is open to all upper level students, without prerequisite. No scientific or technical background is required.

4 credits

In our modern global information economy, the law of intellectual property has taken on enormous importance to both creators and users. This course introduces students to the principles of trade secret, patent, copyright, and trademark law, and explores the ways in which those principles are shifting and adapting in response to new technology. The course will also focus on the international comparative aspects of intellectual property and address the practical application of key IP concepts for global practitioners. The course is open to LLM students in the ALP and IP programs, without prerequisite. No scientific or technical background is required.

3 credits

This seminar examines topics from the frontiers of intellectual property law. The class provides students with the opportunity to meet and interact with cutting-edge IP scholars who will be invited to speak. Students will read the speakers' works in progress, critique those writings in papers and oral give-and-take discussions with the authors, and will be provided additional reading as appropriate. The goals of this workshop are three: for students to deepen their substantive knowledge of IP law, for students to increase their abilities to participate in scholarly debate, and for established scholars to improve their working papers through the input of the workshop group. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This 3-credit course will provide a pragmatic, hands-on, practice-oriented course for generalists, the part-time IP practitioner, and those planning a career in IP Law. Students will learn foundational principles of IP, with an emphasis on pragmatic skills development for advising clients and company personnel on best practices for protecting and getting the most out of emerging, software-centric technologies and innovations. The course will address identifying the best form of IP for protecting your company's or clients' most valued innovations; unique IP characteristics of emerging technologies; performing an audit of your company or clients' IP plan; and developing a playbook for implementing an IP Protection Plan to secure and optimize the company crown jewels. Grades will be based on graded assignments, paper or exam, good faith completion of ungraded assignments, and class participation. GRADING NOTICE: This course does not offer the CR/NC/H option. ATTENDANCE REQUIREMENT: Because the course involves regular in-class exercises, some of which are done in teams, and class participation is a significant component of a student's final grade, regular class attendance is essential and thus the course normally does not accommodate flexibility in attendance.

2 credits

This course, open to LLM in American Law and LLM in Intellectual Property Law students, will help participants appreciate and understand how the Internet or "Cloud" has introduced into everyday life an ever-expanding and evolving range of proprietary claims on digital information and its communication. We will cover the role of traditional industrial property (patents and trademarks) and of authors' rights (copyrights), as well as of internationally expanding rights in "confidential" information (trade secrets) -- which are amplified by the primacy of online "contracts" and licensing. We will also explore the extended range of quasi-proprietary interests such as privacy, publicity and "freedom of speech" and regulating factors such as consumer protection, e-commerce, competition and telecommunications policies (standards, Internet governance, Net Neutrality). While the subject matter will be examined in systemic appreciation from the perspective of U.S. and international transactions and enforcement, foreign-trained students will be encouraged to share insights on the national laws of their home countries. Grades will be based on a take-home final examination with a reasonable choice of covered subject matter, along with consideration of class participation. PREREQUISITE: None, as the course is directed to systemic understanding, but exposure to any of the mentioned subject matter would be helpful.

3 credits

Taught by Carolina Rossini, an internationally recognized and awarded professional with over 25 years of experience and a Global Council member for the World Economic Forum in the subject, this is the introductory course for candidates for the LL.M. at Boston University School of Law. This course is worth three (3) credits and is graded based on individual participation, group presentation, and a final opinion paper. This seminar brings an introduction to the field of internet and technology policy and regulation trends. It addresses the increasingly critical and complex legal and policy questions raised by advances in information technology, digital transformation, and the plataformization of the economy, with a special focus on internet governance, social media, fintech, and health. The discussion will always occur against a backdrop of international geopolitics, and economic and sustainable development. Examples of issues covered include internet governance, cybersecurity, NFTs, platforms, algorithms and more. While each topic that we will cover should merit a full course, this Seminar will offer a high-level, integrated view of core current technology policy and normative trends. It will provide enough information, bibliography, field actors identification and networking opportunities for students, and empower them to build their own life-long learning experience if wished. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

The basic questions in patent law are: why should society grant inventors a right to exclude others from using a patented invention? Who should be given the right? What is the scope of the right? How should the right be enforced? What disclosure duties should be placed on the patent holder? We will concentrate on these legal issues without getting mired in discussions of the technical details of particular inventions. Students without a technical background are welcome and encouraged to enroll.

3 credits

This seminar will provide foreign-trained lawyers with a practical overview of American intellectual property concepts in copyright and trademark as well as rights of privacy and confidentiality in their application and negotiation strategies in media and entertainment transactions. The course will study and analyze contracting/licensing from both a commercial and content creators' perspective. Focused on media and entertainment transactions, students will review, analyze, negotiate and draft agreements among which may include brand sponsorship, trademark licensing and product placement, content distribution, personal services for talent, such as music and TV/video production, and licensing music and clearance of rights for film and TV. Students will receive exposure to how the protection of intangible assets can further a variety of business strategies, as well as the client counseling issues to consider. International comparative analyses of concepts and strategies will be presented where applicable. Students will be evaluated based on their class participation and performance on drafting assignments, negotiation exercises and a final capstone project. Co-Requisites: Contracts; a survey IP class and/or prior exposure to copyright and trademark concepts is highly recommended. Limited to 18 LLM students. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This course will examine the principles of trademark and unfair competition law. We will investigate issues of ownership, protectability, and infringement in the context of words, symbols, slogans, product design and other forms of trade dress. We will explore the policy reasons for protecting marks and the limiting principles that protect competition, speech, and other interests. The course also will include a brief introduction to false advertising and the state law right of publicity. GRADING NOTICE: This course does not offer the CR/NC/H option.

3 credits

This advanced course in Privacy Law offers a more detailed examination of privacy law and privacy theory. It builds on the conceptual, analytical, comparative, and doctrinal skills developed in Information Privacy Law to enable more sustained and expert engagement with the American and European regimes of privacy and data protection law. The course offers a deeper and more specialized examination of both scholarly and practical issues in privacy law, from academic theories of privacy and data protection, to deeper examinations of the EU data protection regime and the GDPR, national security law, American privacy reform at the state and federal levels, and other issues of privacy law of the moment. It is intended for students who took Information Privacy Law and who wish to pursue careers in privacy or technology law as well as for those interested in academic theories or privacy--or both, since the emerging global practice of privacy law is one in which lawyers and academics are frequently--and necessarily--in conversation with each other. Assessment will be on the basis of class participation and a final exam/assignment. PREREQUISITE: Information Privacy.

2 credits

This is an introductory course on US contract law specifically designed for foreign-trained LLM students from civil law traditions. Its goal is to prepare non-common law lawyers to work effectively with US counsel when structuring and negotiating contractual terms and provisions. The class brings a practical perspective to the topics covered in a traditional first-year contracts course: the fundamentals of contract formation, enforceability, defenses to enforceability, interpretation, performance, conditions, third party rights, damages, and other remedies. In addition to receiving foundational exposure to the main U.S. contract law topics, students will examine how contract law principles affect real-world US legal practice in a range of settings. Comparisons to civil law traditions will be made to elucidate doctrinal concepts and practice considerations. As a result, students will gain a deeper understanding of the practical and cross-cultural issues to consider when working with (or against) US counsel. Enrollment is limited to LLM students from non-common law backgrounds who have not taken the fall semester four- credit JD or LLM contracts class.

4 credits

Legal and equitable remedies for enforcing contracts, determining what promises are enforceable, elements of assent, standards of fairness and restrictions on bargaining processes, and tests for performance and breach

4 credits

This course will use the case method to examine legal and equitable remedies for enforcing contracts, determining what promises are enforceable, elements of assent, standards of fairness and restrictions on bargaining process, and tests for performance and breach. Designed for students preparing to sit for the bar, this course will focus on those areas emphasized on the multi-state, New York, and Massachusetts bar exams. GRADING NOTICE: This class will not offer the CR/NC/H option.

3 credits

This IP seminar studies the complicated relationship of access and ownership in the development and sustainability of IP-rich communities in the internet age. Students read intensely for the first half of the semester about particular creative and innovative communities and their IP practices, e.g., video game developers, graffiti artists, biomedical engineers, podcasters, photographers, chefs, jewelry designers, app developers (the list is endless!). In this first part of the course, students write short response papers and discuss the material. They will also begin formulating a plan for the second half of the semester, in which they will choose their own a creative or innovative community to study in depth. The second half of the semester supports the student in that research project, identifying the community, gaining access to evidence about that community, analyzing the evidence, and developing legal analysis of intellectual property issues for that community. We workshop the individual projects as a group, read proposals together, and continue with our reading on intellectual property issues that relate to the chosen projects. The final project is a combination of (1) facts/evidence about the community, (2) a written analysis of the facts, (3) legal proposals to aid the achievement of its goals as a creative or innovative community, and (4) a short presentation to the class of the findings/analysis. COREQUISITE/PREREQUISITE: Intellectual Property, Copyright, Trademark, or Patent Law. GRADING NOTICE: This course does not offer the CR/NC/H option. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This course will consider how the evolution and global reach of technology in the areas of criminal practice and privacy rights has created an environment and area of the law that is frequently enacted only to be outpaced, eclipsed, and rendered irrelevant almost immediately by the very thing it seeks to regulate. This course provides an overview of cybercrime, privacy rights, and digital evidence practice; focusing on the current legal and technical landscape facing investigators and prosecutors in our justice system as they respond to the now commonly overlapping digital, cloud, and physical crime scenes. This course will give students the ability to assess current issues in this space using real-world examples. Students will examine the various constitutional protections afforded to users in the digital space, the law and policies that govern detection and prosecution, using this evidence in investigative practice, understanding the principles of digital search and seizure, and privacy rights vs. privacy protections. This course provides a summary of this fast-growing area of the law arising out of digital evidence investigation as it is used in criminal law as well as in areas of collateral civil practice. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This seminar will explore the economics of intellectual property law. There are no prerequisites. The readings for the seminar will consist of Cass and Hylton, Laws of Creation (2013), and several cases and articles. The seminar will emphasize understanding the policy justifications for the major doctrines in intellectual property. The topics studies will include patent law, copyright law, trademark law, trade secret law, and the intersection of antitrust and intellectual property. ENROLLMENT LIMIT: 14 students. UPPER-CLASS WRITING REQUIREMENT: This class may be used to satisfy the requirement. GRADING NOTICE: This class does not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This seminar will focus on the varied legal and business doctrines that influence the practice of entertainment law. Some of the primary topics include copyright and trademark protection and enforcement; defamation and freedom of speech; privacy and publicity rights; social media; licensing and merchandising entertainment properties; and other general contractual relations within the entertainment industry. The course will also examine the practical aspects of entertainment law, such as client counseling and negotiations and contract drafting. There will be no final exam. Grades will be based upon papers and class participation. NOTES: This class may not be used to satisfy the upper-class writing requirement. ENROLLMENT LIMIT: 18 students. GRADING NOTICE: This class does not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This course will examine the free speech, free exercise and establishment clauses of the First Amendment. About two-thirds of the course will focus on speech, including such topics as political speech (including campaign finance regulation), commercial speech, and expression in the public forum. The final one-third of the course will focus on religion, including such topics as freedom of religious practice, religion in schools, and religious displays and symbols.

2 credits

Businesses and organizations handle information every day to conduct business, process transactions, and deliver goods and services. They do so in the context of legal, regulatory, and contractual obligations relating to their possession and use of this information. In the age of "Big Data" and "Advanced Persistent Threats," these entities can no longer focus solely on developing and implementing procedures to govern information processing. Instead, they must implement governance that allows for the optimization of risk while facilitating core management decision making in order to create real value. This is the new world of "knowledge governance." Legal counsel must ensure compliance with the legal and core requirements for security, privacy and data breach prevention, in a way that aligns with the strategic objectives of their firm. Designing a robust compliance program is a critical part of this task, but the big-data environment requires skills that go beyond devising a formal compliance program. In particular, lawyers operating in this environment must consider the value of data and information, understand the nature of their organization's collection, use, and disclosure of that data, and appreciate the relationship between risk optimization and their organization's strategic objectives. This course will explore the lawyer's role in devising and implementing a policy and culture of knowledge governance within a firm. It will focus on information, especially personal information. It will introduce students to the core principles of information risk management -- the privacy attributes of collection, use, and disclosure married with the security concepts of confidentiality, integrity, and availability -- while providing a framework for governance around information risk management. This course will also serve in part as preparation for the International Association of Privacy Professionals (IAPP). UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. **A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This course focuses on the major legal and practical issues related to intellectual property licenses in the global marketplace. Taught from the US practitioner's perspective, the class is specifically designed for foreign- trained lawyers who want to learn how to leverage intangible assets through intellectual property licensing transactions. We will cover patent, copyright, trademark and trade secret license agreements in a range of industries. Topics will include the scope and limitations of different licensing arrangements; crafting and interpreting licensing contract language; the relationship between licenses and transactions involving tangible assets; and licensing enforcement. We will explore the similarities and differences in licensing in the media, entertainment and technology industries; as well as licensing law and practice in foreign jurisdictions. In-class exercises and role plays will help students develop the practical skills needed to successfully draft and negotiate intellectual property licenses. PRE-REQUISITES (unless otherwise waived by the professor): Contracts; and either Intellectual Property (fall survey class) or the fall seminar, The Practice of U.S. Copyright and Trademark Law: Media and Entertainment Transactions. Enrollment is limited to 18 LLM in Intellectual Property Law and LLM in American Law students. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

1 credits

This course begins with an overview of basic legal research skills, processes, and resources using intellectual property subject matter. The course then proceeds to specific research strategies in copyright, patents, and trademark law, providing students an increased understanding of advanced legal research skills using: secondary sources, legislative history, administrative materials, and more. Students will gain an even deeper understanding of the context and framework of legal resources and how they are applied to real-world research from practitioner guest lecturers. Classes combine instruction and hands-on exercises, with an emphasis on exposure to databases beyond Lexis and Westlaw. Students are evaluated on weekly research assignments and a final research project. PREREQUISITE: Intellectual Property. NOTE: Students may not add this course after the first class is held. NOTE: This class counts toward the 6-credit Experiential Learning requirement. ENROLLMENT LIMIT: 15 students. ATTENDANCE REQUIREMENT: Students who fail to attend the first class or obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the class. Students on the waitlist are required to attend the first class meeting for enrollment eligibility. Meeting dates 1/18/2024-2/29/2024

3 credits

The scope of creative products in today's digital age is vast and constantly expanding; its boarders can be fussy at times and vary by country. It can embrace things as different as your favorite Netflix series, fashion designs, mechanical and processes inventions, biological matter, scents and sounds, the knowledge expressed in the 0s and 1s on your laptop, and much more. This seminar explores how intellectual property law and policy deal with the products of creative and inventive endeavors in the digital age. We will cover US federal copyright, patent, trademark, and trade secret law, and the international protection system of intellectual property rights. Relevant US state law will also be briefly covered. Special attention will be given to the impact of the digitization of goods and processes, and how the Internet market and people's online behavior have shaped IP law and policy in recent years. Through outside readings and assignments, in-class discussions, role plays, group projects and outside industry experts and IP thought leaders, students will gain a practical understanding of intellectual property and the dynamic forces shaping it. Assessments will include presentations and short papers. No in-class final exam will be given. Enrollment is limited to 25 LLM in American Law and Intellectual Property Law students. Students may not enroll if they are taking or have already taken the JD Intellectual Property survey class. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This cross-cutting and interdisciplinary course, taught alongside a graduate-level course with BU's new faculty of Computing and Data Sciences, investigates the role that algorithms and automated decision-making systems play in law and society. The course connects legal and technical concepts of transparency, fairness, bias, privacy, and trust, though a series of case studies that present recent applications of technology to legal and regulatory situations and explore the challenges in regulating algorithms. Legal concepts explored will include evidence and expert witnesses, anti-discrimination law concepts of disparate impact and disparate treatment, sectoral information privacy regimes, and public access and transparency laws. Technical concepts explored will include artificial intelligence and machine learning, secure multi-party computation, differential privacy, and zero-knowledge proofs. Grades will be based on a series of assignments that correspond with each case study, to be completed collaboratively in mixed teams of law and computing/data science students. No prior technology experience is required. GRADING NOTICE: This class will not offer the CR/NC/H option.

3 credits

Technology platforms — the intermediaries that shape as well as enable our social and professional interactions, media consumption and game playing, online purchases, and more — have long been treated with cautious deference by lawmakers and regulators concerned that government interference could hamper innovation. But that has changed in recent years, with calls from all sides of the political spectrum to rein in the power of today’s tech giants through a variety of different legal reforms addressing consumer privacy, freedom of speech, algorithmic bias, anti-competitive behavior, and more. This seminar will explore the legal framework for platform regulation in the United States, with an emphasis on platforms' role in enabling harmful third-party conduct. We will begin by contrasting the treatment of intermediaries under copyright and trademark law with the almost-complete immunity that Section 230 of the Communications Decency Act confers for non-IP claims. We will then turn to current debates over whether platforms should face greater responsibility for preventing or limiting internet-related harms. Given the fast-changing landscape, precise topics will be determined in the lead-up to the semester, but they may include election interference, harms to children, privacy violations, perceived political bias, algorithmic amplification, and mis/disinformation. To provide a more robust experience in addressing complex issues at the intersection of law and technology, this course will include joint sessions and projects with a parallel computer science course at MIT, requiring law students and computer science students to collaborate to assess and develop proposals that address the technological as well as legal challenges in regulating platforms. RECOMMENDED COURSES: A previous course in Intellectual Property or Information Privacy is highly recommended. UPPER-CLASS WRITING REQUIREMENT: This class may be used to partially satisfy the requirement. GRADING NOTICE: This class does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

2 credits

This course will examine all aspects of U.S. patent litigation, beginning with pre-filing considerations such as standing, venue, and jurisdiction, and ending with the appeal to the US Court of Appeals for the Federal Circuit. Particular attention will be given to pleadings, claim construction, discovery, and motion practice, as well as the methods of proving invalidity, unenforceability, infringement and damages. The course will also consider trial preparation techniques, trial practice, the role of technical experts, and the remedies available in patent cases. Although the focus will be on patents, we will explore the similarities and differences between patent cases and other types of IP cases, such as copyrights, trademarks and trade secrets. The first portion of each class will cover case law and statutes, and the second portion of each class will include student presentations to allow a discussion of practice skills. Students will be evaluated based primarily on a final exam and their written submissions with respect to at least two in-class presentations that each student will be assigned throughout the semester (e.g., a Markman presentation or mock argument on a motion to transfer). No scientific or technical background is required to enroll in this seminar, and there are no formal prerequisites, although prior or concurrent exposure to civil procedure and to patent law (such as through the Patent Law course or the Intellectual Property course) will be helpful.

3 credits

Graduate Prerequisites: INTELLECTUAL PROPERTY, PATENT LAW, OR PERMISSION OF THE INSTRUCTOR. ; Graduate Corequisites: INTELLECTUAL PROPERTY, PATENT LAW, OR PERMISSION OF THE INSTRUCTOR. - This seminar examines various aspects of U.S. patent practice including prosecution processes, strategies, post-grant options, business and ethical considerations, and management of international patent portfolios. PREREQUISITE/COREQUISITE: Intellectual Property Law, Patent Law; for LLMs, some experience with patent law is sufficient; experience as technology specialist or who have passed the patent bar may also be admitted. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with the approval of the Associate Dean for Academic Affairs. OFFERING PATTERN: This class is frequently offered in alternating years. Students are advised to take this into account when planning their long-term schedule. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This course introduces the student to the structure of the patent trial process and the skills used by patent trial lawyers. This is a simulation course. Students will act as trial counsel in a federal civil action. The case will model a hypothetical patent case, from filing of the complaint to trial. The students will simulate motion practice, claim construction, depositions, as well as trial. The course will include some substantive instruction on patent law, but the focus of the course will be on experiential learning. Students will receive instruction on general litigation techniques relevant to presenting complex science and technologies to a judge or fact-finder. For example, students will learn how to utilize technology to facilitate their presentations during oral argument and in examining witnesses (e.g., through use of demonstratives). Students do not need to have a background in science or technology. Similarly, students do not need to have taken prior coursework in patent law. Enrollment will be limited to 12 students, who will be divided into plaintiff and defendant teams. Grades will be individualized and based on the following: participation in class discussion, simulations, and workshops; motion to dismiss argument; claim construction argument; deposition; and trial. PREREQUISITE Evidence (may be a corequisite for 3Ls). RECOMMENDED COURSES: Patent Law, Patent Litigation NOTE: This class counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This class does not offer the CR/NC/H option.

3 credits

This seminar explores how modern technology disrupts many of the customs and principles upon which our laws and institutions for national security have evolved. The advancement of modern technology is changing the nature of how we perceive and defend against security threats across all domains. Attacks can be launched in ways that national borders and other conventional defenses cannot easily stop, and the proliferation of privacy enhancing cryptographic tools provides virtual refuge for threat actors to congregate, coordinate and conspire. At the same time, the state has mobilized the use of new technologies--expanding, and indeed, redefining, surveillance capabilities--to predict, prevent and defend against threats in the modern era. This class will focus on a series of historical and contemporary challenges posed by a range of technologies to the government's administration of security and justice, and the solutions implemented or proposed by the state in response. The objective is to contextualize and deepen our understanding of the substantive and institutional questions that arise from the modern day "going dark" problem, in order to facilitate sound policy and good politics in areas that are devoid of law. Topics for discussion may include, but are not limited to: the use of cryptographic tools to evade government surveillance; government proposals for "backdoor" access to people's devices and data; the use of government hacking as a surveillance tool; and the use of machine learning to predict and prevent threat incidents. No technical knowledge is required. UPPER-CLASS WRITING REQUIREMENT: This class may not be used to satisfy the requirement. GRADING NOTICE: This class does not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

2 credits

This course exposes LL.M. students to the basic principles of real property law, including possession, ownership, rights in land, conveyances, estates, future interests, real estate contracts, easements, land use disputes, landlord-tenant issues, and land use controls, among others. The course is designed to provide a fundamental understanding of the essential doctrines of real property law for LL.M. students interested in taking a U.S. bar exam.

2 credits

Intellectual property- from sophisticated aerospace technology to computer software and web applications to music and video rights- is one of the most important, challenging, and sophisticated areas of modern commerce. However, because the IP revolution has occurred in only the last 25 years, many of the traditional principles of income taxation are not easily applied to IP assets. This course will explore the tax aspects of creating intellectual property, buying intellectual property, exploiting IP through leases and licenses, and strategies for selling valuable IP rights with the best tax results. The course will also explore important international tax issues, including the so called "migration" of IP offshore, cost-sharing arrangements, and other mechanisms that seek to "locate" IP and the associated tax liabilities in tax-favorable jurisdictions. The course will teach the tax differences between copyrighting and patenting a software program, the right and wrong ways to license and sell a trademark, and the mechanisms for turning a "license" into a "sale" and thereby converting ordinary income into capitol gains.

2 credits

This course will examine the theory, practice, and interrelationship of trade secret law and the law of restrictive covenants, including laws governing the use and enforceability of noncompetition agreements. We will explore what a trade secret is, what it is not, how it differs from other types of intellectual property, and how something secret can constitute protectable property. We will investigate how trade secrets can be misappropriated, including misappropriation through one's memory; whether and in what circumstances trade secrets will be protected, including through the use of noncompetition agreements, nondisclosure agreements, and other restrictive covenants; the other purposes served by those agreements; and the strengths and weaknesses of the various laws governing the protection of trade secrets and the use of restrictive covenants. Depending on class interest and time, we may discuss related issues such as the current debate over the use of noncompete agreements and their putative effects on innovation. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule.

3 credits

Practice Areas: Intellectual Property and Corporate Finance This course is one of the semester-long transaction simulations offered as part of the Transactional Law Program and satisfies the Transaction Simulation requirement of the Transactional Practice Concentration. The course will cover matters and transactions engaged in by a startup company (the "Company") seeking to disrupt the music industry with a new music streaming platform. During this course, students will play the role of a transactional intellectual property attorney, advising the Company on several key strategic intellectual property decisions and matters in connection with launching its music streaming service. Some of these lawyering tasks will be foundational, such as advising the Company in selecting a strong trademark and deciding which open source software to use as the base of its otherwise proprietary software. Other tasks will focus on the key music licensing hurdles for the Company, including advising the Company on music licenses it will need to stream music and launch an advertising campaign. Later in the semester, students will work on a proposed equity investment in the Company, representing either the Company or the investor. The course also addresses various ethical issues that may arise in connection with these types of matters and transactions and in transactional practice generally. CLASS SIZE: Limited to 12 students. PREREQUISITE: IP Survey Course OR at least two of the following courses; Patent Law, Copyright Law, or Trademark Law. Contract Drafting is recommended, but not required. NOTES: This course counts toward the 6 credit Experiential Learning requirement and also satisfies the Transaction Simulation requirement of the Transactional Practice Concentration. GRADING NOTICE: This course does not offer the CR/NC/H option. ATTENDANCE REQUIREMENT: A student who fails to attend the first class or to obtain permission to be absent from either the instructor or the Registrar will be administratively dropped from the course. Students who are on the wait list are required to attend the first class to be considered for enrollment. Because the course involves regular in-class exercises, some of which are done in teams, and class participation is a significant component of a student's final grade, regular class attendance is essential and thus the course normally does not accommodate flexibility in attendance.

4 credits

This course will examine the nature and functions of federal administrative agencies and the legal controls on agency action. Agency action is situated and examined in its political and legal contexts. Topics include the status of administrative agencies in the constitutional framework of separation of powers including the non-delegation doctrine, the President's appointment and removal powers in light of the unitary executive, the constitutionality of the legislative and line-item vetoes, the constitutionality of agency adjudication, and the constitutional (and political) status of independent agencies; agency rulemaking and adjudication including the choice of procedural model and the procedural requirements of the rulemaking model; and the availability, timing and scope of judicial review of agency action including standing to seek judicial review and exceptions to the availability of judicial review. The course also examines different methods of policy analysis such as regulatory impact analysis and cost-benefit analysis. Additional topics include discriminatory enforcement, regulatory delay, judicial imposition of procedural constraints on agencies, the implication of private rights of action from regulatory statutes and the availability citizens' suits. Some attention may be paid to differences between state and federal separation of powers doctrines.

3 credits

This seminar focuses on developing the critical lawyering skills needed to succeed on the Multistate Performance Test (MPT) of the Uniform Bar Exam -- and to succeed in the practice of law: the ability to analyze and apply relevant law to specific factual situations to perform a lawyering task in writing. As with the MPT, students will be assigned lawyering tasks, which may include writing a memorandum to a supervising attorney, a client letter, a persuasive memorandum or brief, a statement of facts, a contract provision, a settlement proposal, and the like. Students will work from source files containing facts and other material, and will receive a collection of legal sources with sufficient substantive information to complete the task. The class does not teach research skills or substantive law. Rather, it focuses on developing analytical and writing skills in the American legal tradition. The class will also expose students to specific writing approaches, outlining and issue spotting techniques, and time management strategies. Enrollment is limited to 14 foreign-trained lawyers enrolled in the American Law Program. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This advanced course in Privacy Law offers a more detailed examination of privacy law and privacy theory. It builds on the conceptual, analytical, comparative, and doctrinal skills developed in Information Privacy Law to enable more sustained and expert engagement with the American and European regimes of privacy and data protection law. The course offers a deeper and more specialized examination of both scholarly and practical issues in privacy law, from academic theories of privacy and data protection, to deeper examinations of the EU data protection regime and the GDPR, national security law, American privacy reform at the state and federal levels, and other issues of privacy law of the moment. It is intended for students who took Information Privacy Law and who wish to pursue careers in privacy or technology law as well as for those interested in academic theories or privacy--or both, since the emerging global practice of privacy law is one in which lawyers and academics are frequently--and necessarily--in conversation with each other. Assessment will be on the basis of class participation and a final exam/assignment. PREREQUISITE: Information Privacy.

3 credits

In the United States and around the world, there is an intense debate about the proper role of antitrust as applied to technology industries. This course will examine some of the key questions involved in that debate including the role of network effects, Big Data, attention competition, and multi-sided platforms in antitrust legal analysis and innovation policy more broadly. We'll study these issues not just through a legal lens but also with a focus on economics and policy, and with the aid of cases from the start of the computing age (AT&T, IBM), the seminal case of US v Microsoft, and more recent inquiries involving firms such as Google, Facebook, and Amazon. NOTE: This class does not satisfy the Upper-class Writing Requirement. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

4 credits

The antitrust laws reflect a conviction that competition in the marketplace will yield the best outcomes for consumers and the optimal allocation of resources in our economy. Beginning with the Sherman Act of 1890, the antitrust statutes condemn a variety of acts -- from mergers to agreements among competitors to monopolists' exclusionary business practices -- that restrain trade or contribute to monopoly power. The statutes, however, are written in general terms, leaving it to the courts to draw the line between lawful competition and unlawful restraints of trade or monopolization. Early on, the Supreme Court established that the law reaches only "unreasonable" restraints, which only begs the question of how to draw the line between "reasonable" competition and "unreasonable" interference with competitive markets. Over the course of the twentieth century, the courts struggled to fix this line; as the century closed, they had settled on an economically-oriented normative framework that largely deferred to firm decisions and doubted the value of government intervention in markets. In recent years, however, a cacophony of voices -- ranging from activists to scholars to politicians of all stripes -- has begun to call that framework into question and to call for renewed enforcement of antitrust laws. This course will explore the principal statutes and common law that have shaped antitrust law over the past century-and-a-quarter since Congress passed the Sherman Act. We will also examine the standards and procedures that the antitrust agencies use to evaluate mergers and to challenge conduct as anticompetitive. As we critically evaluate the case law, we will also reflect on current calls for reform. While we will engage rigorously with economics, all of the economic principles necessary to understand the case law and debates will be explained in the course; formal training in economics is not a requirement.

3 credits

This seminar will consider selected legal issues concerning unique art objects and artifacts. The problems that lawyers face when they deal with art cut across traditional legal boundaries. The seminar will explore the sometimes conflicting rights and interests of artists, collectors, dealers, museums and the public, from the perspective of the lawyers who advise them and of the law makers to whom they sometimes appeal. A paper is required. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with the approval of the instructor. **A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

The subject of the course is the translation of medical technologies into new products and services for the healthcare system. The course begins with a rigorous study of intellectual property, licensing and the core aspects of planning, creating, funding and building new entrepreneurial ventures. Concepts and tools are presented for assessing new technologies and their potential to be the basis for a new entrepreneurial venture. Comparisons will be made of how technologies can be sourced and commercialized out of three very different environments: universities, national laboratories and corporate laboratories. Cross-disciplinary teams of students will be formed which will evaluate translational research projects currently being developed at Boston University and their potential for transformation into a start-up company to commercialize the technology, providing a unique linkage between the scientific research activities of the university and the professional schools. Each week there will be a case study which will discuss examples of both success and failure in technology commercialization. Some of these case studies examine Boston University life sciences spin-out companies, and the founders and CEO?s of these ventures will share their experiences with the class. NOTE: This course meets at the School of Management and will be treated as a non-law course on the law transcript. The course and grade will appear on the transcript, however the grade is not factored into the law g.p.a.

4 credits

This course covers U.S. laws governing global finance and trade. We will examine the compliance obligations of multinational enterprises pursuant to U.S. Anti-Money Laundering, Sanctions, Anti-Bribery and export controls laws and regulations, with additional focus on cryptocurrency regulations. We will also explore sections of the UK and EU regulations, including the UAE with respect to virtual assets’ governance, as applicable. Key focuses of the course will be the extraterritorial scope of U.S. laws, and techniques for mitigating legal risk in transnational business operations. Students will learn how to: 1. Identify and assess legal risk in transnational trade and financial operations; 2. Build compliance programs that effectively mitigate such risk; 3. Manage interactions between multinational enterprises and U.S. enforcement agencies; and 4. Present professionally and effectively to various audiences about these risks.

2 credits

This course will take students through the compliance mechanisms within financial organizations putting regulatory requirements into practice. The purpose of the class is to offer a fundamental preparation to the lawyer in a financial institution's legal department or a separate compliance department. This course covers the following: * The history of compliance * The interaction between business processes, legal requirements, and compliance. * The profession of financial compliance * The interaction of conflicts, risks and ethics * Defining best practice, business process, risk assessment and controls and their interactions within financial institutions *Compliance for investment advisers, private funds, mutual funds, broker-dealers, and other regulatory regimes * Interacting with regulators, enforcement agencies and investigations * Business ethics and culture in financial institutions. The course will use an exam as the final assessment. GRADING NOTICE: This course will not offer the CR/NC/H option.

3 credits

This course is the foundational skills course within the Transactional Law Program. It teaches students basic principles and skills of drafting and analyzing commercial and transaction agreements, with a focus on recognizing, and addressing through contractual provisions, key business issues in transactions. Although the course will be of particular interest to students interested in a corporate or transactional law practice, since most practicing attorneys will need to work with contracts at some point in their career, the concepts and skills which the course conveys are applicable to virtually all practice areas and specialties. While the course utilizes lectures to introduce various contract concepts and techniques essential for drafting and reviewing commercial and transaction agreements, it also requires that students complete both in-class exercises and out-of-class assignments as a means of building basic drafting skills and a solid understanding of the structure and operation of contractual provisions in a business transaction. The course also considers various ethical issues that may arise in the contract drafting and review process and in transactional practice generally. Grades will be based on class participation and graded drafting assignments. CLASS SIZE: 12 students. UPPER-CLASS WRITING REQUIREMENT/EXPERIENTIAL LEARNING REQUIREMENT: This course is a designated Professional Writing Course which may be used to partially satisfy the Upper-Class Writing Requirement (with a grade of B or higher) or the 6-credit Experiential Learning Requirement, but not both. GRADING NOTICE: This course does not offer the CR/NC/H option. ATTENDANCE REQUIREMENT: A student who fails to attend the first class or to obtain permission to be absent from either the instructor or the Registrar will be administratively dropped from the course. Students who are on the wait list are required to attend the first class to be considered for enrollment. Because the course involves regular in-class exercises, some of which are done in teams, and class participation is a significant component of a student's final grade, regular class attendance is essential and thus the course cannot accommodate flexibility in attendance.

2 credits

This is an introductory course on US contract law specifically designed for foreign-trained LLM students from civil law traditions. Its goal is to prepare non-common law lawyers to work effectively with US counsel when structuring and negotiating contractual terms and provisions. The class brings a practical perspective to the topics covered in a traditional first-year contracts course: the fundamentals of contract formation, enforceability, defenses to enforceability, interpretation, performance, conditions, third party rights, damages, and other remedies. In addition to receiving foundational exposure to the main U.S. contract law topics, students will examine how contract law principles affect real-world US legal practice in a range of settings. Comparisons to civil law traditions will be made to elucidate doctrinal concepts and practice considerations. As a result, students will gain a deeper understanding of the practical and cross-cultural issues to consider when working with (or against) US counsel. Enrollment is limited to LLM students from non-common law backgrounds who have not taken the fall semester four- credit JD or LLM contracts class.

4 credits

Legal and equitable remedies for enforcing contracts, determining what promises are enforceable, elements of assent, standards of fairness and restrictions on bargaining processes, and tests for performance and breach

4 credits

This course will use the case method to examine legal and equitable remedies for enforcing contracts, determining what promises are enforceable, elements of assent, standards of fairness and restrictions on bargaining process, and tests for performance and breach. Designed for students preparing to sit for the bar, this course will focus on those areas emphasized on the multi-state, New York, and Massachusetts bar exams. GRADING NOTICE: This class will not offer the CR/NC/H option.

4 credits

Course about the legal structure and characteristics of business corporations. Topics include the promotion and formation of corporations; the distribution of power between management and shareholders; the limitations on management powers imposed by state law fiduciary duties and federal securities laws; shareholder derivative suits; capital structure and financing of corporations; and fundamental changes in corporate structure, such as mergers and sales of assets. Hirst’s Section: This section covers similar topics, but has a different emphasis and approach, involving fewer cases, and more exercises and analysis of real-world transactions and documents, including from Tesla, Twitter, and Boeing. The course involves self-directed learning through the submission of multiple choice quizzes, and some use of corporate-finance-style numerical analyses. Laptops and similar devices are generally not permitted without an accommodation. The course serves as a prerequisite to advanced courses. PREREQUISITE: Business Fundamentals.

4 credits

Course about the legal structure and characteristics of business corporations. Topics include the promotion and formation of corporations; the distribution of power between management and shareholders; the limitations on management powers imposed by state law fiduciary duties and federal securities laws; shareholder derivative suits; capital structure and financing of corporations; and fundamental changes in corporate structure, such as mergers and sales of assets. The course serves as a PREREQUISITE to advanced courses. GRADING NOTICE: This class will not offer the CR/NC/H option.

3 credits

The seminar will examine the role of the courts in both enabling and hindering the remarkable social/political/cultural shifts that have made it possible for many lesbian, gay, bisexual and transgender Americans to participate more fully in our common life while being as open as they choose about who they are, creating for many of us a changed landscape impossible to have imagined a just a few decades ago. The First Amendment will be a primary focus, although the questions posed will inevitably spill over into considerations of the Due Process and Equal Protection provisions of the Fourteenth Amendment. Our perspective will be critical, recognizing evolving openness in the courts where it appears and at the same time calling out the conscious, unconscious and systemic bias that continues to pervade the law. The plan is to begin with the unlikely emergence of the First Amendment as a friend to LGBT+ folk in the otherwise hostile legal landscape of the Fifties. Then, we will track how, fertilized by the African-American civil rights and feminist movements of the Sixties and early Seventies, the right to speak burgeoned into the right to participate openly in civic venues that were formerly off limits. We will look at how, and to what extent, the role of the state as guardian of gender conformity lost much of its power to impede openness and equality for people who had historically been regarded as simply beyond the pale of community. We will examine the “red lines” that queer people were forbidden to cross, like the scouts, the military, athletics, parenting and marriage; and the extent to which those lines have eroded or become more rigid. We will assess the “blowback,” such as the spate of laws forbidding discussion of sexual orientation and gender identity in the schools; laws targeting transgender individuals; and the increasing use of the First Amendment to create exemptions to public accommodation laws. Finally, we will think together about the advantages and possible drawbacks of the strategies employed to advance equality for LGBTQ+ folks as these strategies relate to the larger struggle for human liberation and for the fostering of an environment that makes it easier for the planet and its inhabitants to thrive. To help facilitate this discussion, one or more sessions will, if feasible, include practicing attorneys working in this area of the law. There will be final paper in lieu of an examination. Grades will be based on the paper and class participation, including weekly response papers to the material covered in our weekly sessions. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. GRADING NOTICE: This class does not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This IP seminar studies the complicated relationship of access and ownership in the development and sustainability of IP-rich communities in the internet age. Students read intensely for the first half of the semester about particular creative and innovative communities and their IP practices, e.g., video game developers, graffiti artists, biomedical engineers, podcasters, photographers, chefs, jewelry designers, app developers (the list is endless!). In this first part of the course, students write short response papers and discuss the material. They will also begin formulating a plan for the second half of the semester, in which they will choose their own a creative or innovative community to study in depth. The second half of the semester supports the student in that research project, identifying the community, gaining access to evidence about that community, analyzing the evidence, and developing legal analysis of intellectual property issues for that community. We workshop the individual projects as a group, read proposals together, and continue with our reading on intellectual property issues that relate to the chosen projects. The final project is a combination of (1) facts/evidence about the community, (2) a written analysis of the facts, (3) legal proposals to aid the achievement of its goals as a creative or innovative community, and (4) a short presentation to the class of the findings/analysis. COREQUISITE/PREREQUISITE: Intellectual Property, Copyright, Trademark, or Patent Law. GRADING NOTICE: This course does not offer the CR/NC/H option. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This course will consider legal and policy challenges arising from rapidly evolving threats in cyberspace. It will define an array of cyber threats, and consider the ways in which they impact a range of governmental and non-governmental actors and entities. It will identify the domestic and international legal frameworks that regulate conduct in cyberspace--including laws related to cybercrime, cyberespionage, and cyberwar--and examine substantive and institutional questions such as: What existing principles limit cyber threats? What are the norms emerging through state practice? How should we fill in the gaps? Who should make these decisions? How should they be enforced? The course will explore these questions within the context of broader policy debates about Internet governance and the role of governmental and non-governmental actors in defending against cyber threats; state restrictions on civil rights and liberties in defending against cyber threats; allocation of decision-making among (and within) the branches for U.S. cybersecurity; and issues of secrecy and accountability. The objective of this course is to deepen our understanding of the existing threats and protections in cyberspace, the regulatory challenges that exist, and the institutions that should address them. No technical knowledge is required. Familiarity with public international law, administrative law and criminal procedure is helpful, but not necessary. International law concepts will be introduced as necessary.

3 credits

This readings seminar will focus on emerging issues of civil liberties in our digital society, with special attention paid to privacy and freedom of speech in the age of social media, platforms, and artificial intelligence. We will explore the potential and dangers of the Internet revolution in communications, and how it is affected by the activities of users, by companies like Google, Facebook, and Twitter, and by government attempts to restrain or shape the evolution of online activity through law. The course will be structured around discussions of principal readings of relatively recent (and readable) books and articles, including the possibility of videoconferencing or in-person lectures with some of the authors to discuss their work. There will be three student papers required – two short papers due during the semester providing a critical review of one of the readings chosen by the student, and a slightly longer paper due at the end of exams comparing and critiquing two of the principal readings. In addition to gaining a deeper understanding of the topics of the books, we will work on developing essential skills for lawyers of close reading and clear and persuasive writing. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. ** A student who fails to attend the initial meeting of a seminar. or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This course will consider how the evolution and global reach of technology in the areas of criminal practice and privacy rights has created an environment and area of the law that is frequently enacted only to be outpaced, eclipsed, and rendered irrelevant almost immediately by the very thing it seeks to regulate. This course provides an overview of cybercrime, privacy rights, and digital evidence practice; focusing on the current legal and technical landscape facing investigators and prosecutors in our justice system as they respond to the now commonly overlapping digital, cloud, and physical crime scenes. This course will give students the ability to assess current issues in this space using real-world examples. Students will examine the various constitutional protections afforded to users in the digital space, the law and policies that govern detection and prosecution, using this evidence in investigative practice, understanding the principles of digital search and seizure, and privacy rights vs. privacy protections. This course provides a summary of this fast-growing area of the law arising out of digital evidence investigation as it is used in criminal law as well as in areas of collateral civil practice. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This seminar will explore the economics of intellectual property law. There are no prerequisites. The readings for the seminar will consist of Cass and Hylton, Laws of Creation (2013), and several cases and articles. The seminar will emphasize understanding the policy justifications for the major doctrines in intellectual property. The topics studies will include patent law, copyright law, trademark law, trade secret law, and the intersection of antitrust and intellectual property. ENROLLMENT LIMIT: 14 students. UPPER-CLASS WRITING REQUIREMENT: This class may be used to satisfy the requirement. GRADING NOTICE: This class does not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This course will introduce internationally-trained LLM students to the roles and responsibilities of in-house legal counsel. Students will investigate the skills and characteristics that contribute to successful and effective practice as an in-house counsel and explore the similarities and differences between in- house legal practice and outside legal practice. Topics covered during the course will include: the relationship between in-house counsel and his/her client; in-house counsel's role in adding value to his/her organization; advising and counseling clients; fact gathering and investigation; managing an in-house legal practice; selecting and managing outside counsel; and the ethical challenges of in-house counsel. This will be a hands-on course focused on practice skills development. In role plays, students will step into the shoes of in-house counsel to address a variety of situations in which an in- house counsel would be expected to act. ** A student who fails to attend the initial meeting of a seminar or to obtain permission to be absent from either the instructor or the Registrar may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

There is no such thing as a good lawyer who is not also a good writer. Whether you are writing a court document, a legal development update, a settlement agreement, or a simple internal email to colleagues, your ability to make proper decisions about tone, style, language and organization will play a big role in your effectiveness as a practitioner and overall professional identity. This seminar will focus on the best practices for effective writing across a broad range of legal communications. Weekly assignments will build upon -- but not overlap with -- the fall semester Legal Research and Writing seminar's assignments. Students will be exposed to a range of writing styles and approaches suitable for different audiences. Assignments will focus on the craft of writing and effective expression, not on substantive legal issues or legal research and may include such work products as lawyer-to-lawyer letters, informal client advisories, internal communications and official submissions to government agencies. Students will receive direct individual feedback on their assignments. Enrollment is limited to 14 LLM in American Law Program students who are not enrolled in Professor Sugarman's "Advanced Legal Writing for LLMs: The Essentials for Bar Exam Writing and Beyond."

3 credits

This course will examine the free speech, free exercise and establishment clauses of the First Amendment. About two-thirds of the course will focus on speech, including such topics as political speech (including campaign finance regulation), commercial speech, and expression in the public forum. The final one-third of the course will focus on religion, including such topics as freedom of religious practice, religion in schools, and religious displays and symbols.

3 credits

This seminar examines the Food and Drug Administration as an administrative agency combining law and science to regulate activities affecting public health and safety. Topics include testing and approval of pharmaceuticals and medical devices; food safety and nutritional policy; biologics and biotechnology regulation; cosmetic regulation; pricing of and reimbursement for drugs and devices; global aspects of pharmaceutical regulation, US and foreign patent issues, and FDA practice and procedure; jurisdiction and enforcement. A writing project involving research on food and drug issues will be required. ENROLLMENT LIMIT: 14 students. RECOMMENDED COURSES: Health Law or Public Health Law, Administrative Law. UPPER-CLASS WRITING REQUIREMENT: This class may be used to satisfy the requirement. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

4 credits

This survey course will cover the principles that govern and influence the interaction of patients, payors, and providers in the field traditionally referred to as "health law." Coverage includes establishment of the physician-patient relationship, privacy and confidentiality, medical malpractice, conflicts of interest, health care financing, federal preemption, billing fraud, public health law, proposals for health care reform, regulation of drugs and devices, licensure of health professions, and regulation of health facilities, including emergency departments. The course content will be in part driven by the students themselves delving deeper into assigned topics, through class presentations.

2 credits

This course focuses on the highly regulated industry of health care, but with attention to the law applicable to hospitals and health systems. The course will review Federal and State statutes, regulations, as well as case law relevant to hospital organization, responsibilities and liability, credentialing, fraud and abuse laws and compliance oversight. The course is intended to develop competencies in understanding health care and health care insurance laws and regulations as they pertain to hospitals, developing familiarity with the reimbursement (particularly Medicare & Medicaid), regulatory compliance and enforcement issues facing hospital counsel. In addition, it is expected that students will demonstrate legal analysis and reasoning, problem-solving and communications skills required for work in a hospital/health care setting. Through understanding core health care law principles, students will learn the foundational legal, structural and business aspects of the modern hospital complex. Understanding how hospitals fit into the broader health care environment of payors, physicians, patients, regulators and other health care providers, law students will be able to appreciate the challenging dynamics affecting the health care system and the role of the hospital, often at the hub of activity, both in terms of current practice, but also health care delivery system reform. After completing the class, students will have been exposed to the key health care-related legal issues facing hospitals that hospital counsel and other health care lawyers need to know. Additionally, recognition of these stressors will be important training for lawyers in other disciplines interacting with hospitals, such as labor and employment law, intellectual property, antitrust, criminal defense, environmental, corporate, employee benefits, tax, etc. Course materials include a case book, primary source documentation, and guest lectures from in-house and outside counsel representing hospitals.

3 credits

The collection, use, storage, and sharing of personal data has become increasingly important throughout society, from commerce to government and from health care to finance. For good reason, we call this the Information Age. Recall the countless high- profile privacy and data security controversies you have heard about in the last year: location tracking; inaccurate credit reports causing lost jobs; data breaches, hacking and identity theft; and government surveillance. Law has responded with a dizzying array of new rules -- and a rapidly growing area of professional specialization for attorneys. This course serves as an introduction to the emerging law of data privacy. By the end, you will be well grounded in many challenges facing any enterprise, public or private, that collects, processes, uses, and stores personal information. In addition to knowledge of constitutional, statutory, and common law rules as well as federal and state enforcement activity, we will learn about the policy questions that arise in this dynamic area, the legally relevant questions to ask when assessing information practices, and some of the many nonlegal models of information governance. You will gain a basic understanding of data privacy regulation in other countries, particularly the European Union. All students will benefit from more sophisticated knowledge about an issue that appears in the news every single day. But there are significant professional payoffs too. Major law firms have organized entire practice areas devoted to privacy and data protection law. In the last seven years the International Association of Privacy Professionals (IAPP), a key trade association in this space, more than tripled in size to 12,000 members. These trends mean that law school graduates will have increasing job opportunities in data privacy and security law. Meanwhile, in many other practice areas -- such as securities, labor and employment, health, advertising, and the list goes on -- familiarity with privacy and security law has become a major asset. Plus, the issues are fascinating and fun. If nothing else, you can have great conversations at parties.

2 credits

Businesses and organizations handle information every day to conduct business, process transactions, and deliver goods and services. They do so in the context of legal, regulatory, and contractual obligations relating to their possession and use of this information. In the age of "Big Data" and "Advanced Persistent Threats," these entities can no longer focus solely on developing and implementing procedures to govern information processing. Instead, they must implement governance that allows for the optimization of risk while facilitating core management decision making in order to create real value. This is the new world of "knowledge governance." Legal counsel must ensure compliance with the legal and core requirements for security, privacy and data breach prevention, in a way that aligns with the strategic objectives of their firm. Designing a robust compliance program is a critical part of this task, but the big-data environment requires skills that go beyond devising a formal compliance program. In particular, lawyers operating in this environment must consider the value of data and information, understand the nature of their organization's collection, use, and disclosure of that data, and appreciate the relationship between risk optimization and their organization's strategic objectives. This course will explore the lawyer's role in devising and implementing a policy and culture of knowledge governance within a firm. It will focus on information, especially personal information. It will introduce students to the core principles of information risk management -- the privacy attributes of collection, use, and disclosure married with the security concepts of confidentiality, integrity, and availability -- while providing a framework for governance around information risk management. This course will also serve in part as preparation for the International Association of Privacy Professionals (IAPP). UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. **A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

2 credits

This course will examine innovation theory and how it applies within the legal profession. The initial focus in the class will be on the disruptive forces and 'megatrends' in the world today that have an impact on organizations and the practice of law. The class will introduce students to the many facets of innovation in the legal context, including the application of advanced technologies to legal problem solving, derivation of new insights from data science, changes to the traditional employer/employee model (the 'future of work' for professionals), alternative revenue/business models applicable to legal services providers, and incorporating lean startup/design thinking theory into legal problem solving. The unique innovation directive applicable to law firms will be closely examined, including the emerging application of advanced technologies - such as artificial intelligence and blockchain - to legal problem solving. Recent advancements in Generative AI (e.g., ChatGPT) and their application to the law will be closely examined. In addition, the course will examine the ethics and rapidly evolving legal/regulatory policy and practice issues with data and advanced technologies, and how this evolving ethics/regulatory field will impact organizations and their legal providers. NOTE: Final paper required in lieu of exam. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement either partially or in full.

3 credits

This course will explore legal doctrines in intellectual property--particularly patent law--that shape innovation, research, and development in the life sciences. Students will be introduced to laws that influence decision makers in the life sciences and participate in a series of exercises to apply legal doctrines and understand the incentives and outcomes produced by the existing legal framework. Course topics include selecting drug candidates, IP licensing, material transfer agreements, how firms use IP to protect pharmaceuticals, the optimal timing of patent protection, building patent portfolios, regulatory exclusivity, Hatch-Waxman litigation (litigation between brand-name and generic drug companies), and generic drug development. The course will be a combination of lecture and in-class problem-solving exercises. There are no prerequisites for this class. UPPER-CLASS WRITING REQUIREMENT: All students may attempt to satisfy writing requirement. **A student who fails to attend the initial meeting of a seminar or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This course focuses on the major legal and practical issues related to intellectual property licenses in the global marketplace. Taught from the US practitioner's perspective, the class is specifically designed for foreign- trained lawyers who want to learn how to leverage intangible assets through intellectual property licensing transactions. We will cover patent, copyright, trademark and trade secret license agreements in a range of industries. Topics will include the scope and limitations of different licensing arrangements; crafting and interpreting licensing contract language; the relationship between licenses and transactions involving tangible assets; and licensing enforcement. We will explore the similarities and differences in licensing in the media, entertainment and technology industries; as well as licensing law and practice in foreign jurisdictions. In-class exercises and role plays will help students develop the practical skills needed to successfully draft and negotiate intellectual property licenses. PRE-REQUISITES (unless otherwise waived by the professor): Contracts; and either Intellectual Property (fall survey class) or the fall seminar, The Practice of U.S. Copyright and Trademark Law: Media and Entertainment Transactions. Enrollment is limited to 18 LLM in Intellectual Property Law and LLM in American Law students. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

1 credits

This course begins with an overview of basic legal research skills, processes, and resources using intellectual property subject matter. The course then proceeds to specific research strategies in copyright, patents, and trademark law, providing students an increased understanding of advanced legal research skills using: secondary sources, legislative history, administrative materials, and more. Students will gain an even deeper understanding of the context and framework of legal resources and how they are applied to real-world research from practitioner guest lecturers. Classes combine instruction and hands-on exercises, with an emphasis on exposure to databases beyond Lexis and Westlaw. Students are evaluated on weekly research assignments and a final research project. PREREQUISITE: Intellectual Property. NOTE: Students may not add this course after the first class is held. NOTE: This class counts toward the 6-credit Experiential Learning requirement. ENROLLMENT LIMIT: 15 students. ATTENDANCE REQUIREMENT: Students who fail to attend the first class or obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the class. Students on the waitlist are required to attend the first class meeting for enrollment eligibility. Meeting dates 1/18/2024-2/29/2024

3 credits

This course is designed to give students a broad overview of the law--domestic, foreign, and international--governing international business transactions. With the significant growth in international commerce and trade, and the forces of economic and social globalization, lawyers will increasingly confront international legal issues during their professional careers. This course will focus on the legal problems encountered in business ventures that cross national borders. Topics may include formation of contracts, choice of law, financing the international sale of goods through letters of credit, sales and distribution agreements, licensing and contract manufacturing, joint venture agreements, foreign investment, international dispute settlement, and global compliance issues. This course explores one or more of these topics with contract drafting and negotiation exercises. NOTE: While prior background in international law is not required, it is strongly recommended.

2 credits

Corporate law associates are often assigned "due diligence" projects in connection with transactional deals. They are asked to review a target's records and identify "anything that looks suspicious." Where to begin? This is a practical skills course that will assist LLM in American Law Program students in understanding international compliance and risk due diligence in cross- border transactions. Students will learn to identify and investigate the myriad "red flags" that can signal a target company's non-compliance with US laws governing global trade and anti-corruption. Through case studies and hands-on exercises and assignments, students will develop the lawyering skills needed to assess a target company's control framework (compliance programs), identify potential red flags of non-compliance, and advise management on the risks posed by a potential transaction. The focus will be on the compliance obligations of multinational enterprises pursuant to anti-corruption rules (primarily, the Foreign Corrupt Practices Act) and U.S. trade sanctions (OFAC). Students may not also take "Compliance and Risk Management in Global Commerce." (JD 918)

3 credits

The aim of this class is to provide an overview of how international environmental commitments and international economic commitments fit together within the global economic governance architecture. Students will explore the history of today’s international climate movement, beginning with the 1992 Earth Summit (Rio) and covering the most recent commitments made under the United Nations Framework Convention on Climate Change. They will explore the parallel way in which international trade and investment commitments have intensified during that time period, and the course will layout the various efforts by global leaders to harmonize the two (economic and environmental) regimes. The course includes topics such as (1) environmental disputes at the World Trade Organization, (2) investor-state dispute settlement targeting environmental and climate policies, (3) efforts at the bilateral, regional and mega-regional level to incorporate environmental commitments into free trade agreements, (4) unilateral efforts by the EU and the US to promote climate-friendly policy-making worldwide and (5) developing country perspectives in the “just transition” movement. By the end of the course, students will have a comprehensive understanding of the points of harmony and tension between these two regimes and will have thought critically and creatively about the ways forward. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

4 credits

This course will offer a basic survey of contemporary international law. It will teach students about the major issues of public international law and policy that influence current events, with an eye to both legal theory and modern legal practice. Specific topics will include: (i) the history, theory, and nature of international law; (ii) the sources of international law; (iii) the "actors" of international law -- states, international organizations (with emphasis on the U.N. system); (iv) the domestic incorporation of international law, with a focus on key concepts of U.S. foreign relations law; (v) international human rights; (vi) the use of force; and (vii) humanitarian law..

3 credits

This course focuses on the law governing international trade, including both the law established by the World Trade Organization and relevant U.S. laws. This will include an in-depth analysis of the treaties, regulations, and case law that govern international trade. The course will cover the basic principles and mechanisms of international trade law, including most-favored-nation (MFN), national treatment, dispute settlement, as well as relevant laws in different substantive areas such as tariffs, quotas, services, intellectual property, and trade remedies. The course will also examine the political economy of international trade relations, including how economic and political forces have shaped current regulatory policies and may shape future policies.

3 credits

This seminar will offer a survey of international law of war and international criminal law. We will start by exploring the prohibition on the use of force, and then explore humanitarian law, which seeks to tame and regulate the conduct of states during wars, armed conflicts, and occupation. We will examine the responses of humanitarian law to "the war on terror" and modern warfare technologies, including the use of drones and autonomous weapons. Then, we will shift to examining the violations of international law of war and other violations for which individuals may incur criminal liability directly under contemporary international law. We will examine the institutional framework, including the International Criminal Court and its predecessors, and jurisdictional issues of international criminal law. GRADING NOTICE: This course does not offer the CR/NC/H option. ENROLLMENT RESTRICTION: Students who previously enrolled in Law and War (JD 797) may not register for this class. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

4 credits

Spanning the range of industries from health care to financial services to manufacturing and beyond, compliance is the fast-growing practice of managing the full range of legal risk within highly-regulated organizations. At the complex intersection of law, business operations, reputation, and ethics, compliance lawyers practice "preventive law" to protect companies against corporate criminal and civil liability. We will discuss how to identify and evaluate an organization's legal risks and and work in multidisciplinary teams to develop effective strategies to prevent wrongdoing (and detect violations when they do occur). Among other topics, we will look at the Federal Sentencing Guidelines for Organizations, the Foreign Corrupt Practices Act, and enforcement guidance from the Department of Justice and Securities & Exchange Commission to see how compliance has become a key mechanism of corporate accountability in the U.S. and globally.

2 credits

This is a six-week class intended to provide international LLM students with an introduction to the Uniform Commercial Code (UCC), the model code developed for the purpose of harmonizing the varied commercial and contract laws in the United States. The course will begin with an overall survey of the UCC, including its purpose and coverage. Students will then focus on two important articles of the code -- Article 2 and Article 9. Article 2 governs the sale of goods by merchants or professional sellers and addresses such matters as offer and acceptance, consideration and contract formation, modification, repudiation, breach of contracts, and the "battle of the forms." Article 9 governs secured transactions -- business transactions in which a debtor grants a security interest in personal property to a creditor in order to ensure repayment of a debt. This article addresses such issues as creating and giving notice of a security interest in property, and resolving conflicts among creditors claiming interests in the same property. The class will use a variety of learning methodologies, including readings, lectures, small group discussions, and role-plays. The class has no pre-requisites. Enrollment is limited to 40 LLM in American Law Program students. Students may not also enroll in LAW BK 972 or LAW JD 805.

3 credits

The scope of creative products in today's digital age is vast and constantly expanding; its boarders can be fussy at times and vary by country. It can embrace things as different as your favorite Netflix series, fashion designs, mechanical and processes inventions, biological matter, scents and sounds, the knowledge expressed in the 0s and 1s on your laptop, and much more. This seminar explores how intellectual property law and policy deal with the products of creative and inventive endeavors in the digital age. We will cover US federal copyright, patent, trademark, and trade secret law, and the international protection system of intellectual property rights. Relevant US state law will also be briefly covered. Special attention will be given to the impact of the digitization of goods and processes, and how the Internet market and people's online behavior have shaped IP law and policy in recent years. Through outside readings and assignments, in-class discussions, role plays, group projects and outside industry experts and IP thought leaders, students will gain a practical understanding of intellectual property and the dynamic forces shaping it. Assessments will include presentations and short papers. No in-class final exam will be given. Enrollment is limited to 25 LLM in American Law and Intellectual Property Law students. Students may not enroll if they are taking or have already taken the JD Intellectual Property survey class. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

2 credits

This course is restricted to students who applied and were accepted as participants for the Jessup Moot Court competition. A full description can be found here: https://www.bu.edu/law/current-students/jd-student-resources/legal-writing-appellate-advocacy-programs/appellate-advocacy-program-competitions/jessup-moot-court-competition/ PREREQUISITE/CO-REQUISITE: International Law (JD927). NOTE: This class counts toward the 6 credit Experiential Learning requirement.

3 credits

This course examines the historical underpinnings of language with a focus on how the prestige dialect affects understanding of and access to the law and legal system at all levels. The course will examine the language of law through four modules: (1) How language affects access to the American legal system; (2) How language affects outcomes in the American legal system; (3) How silence (what is not said or not written) affects access and outcomes; and (4) How language influences the attorneys' professional identities, including the students' own. Students will read a variety of cases and articles and listen to excerpts from podcasts and hearings in court to evaluate the role of language in shaping the law. Topics may be driven by student interest, but will center around issues of race, ethnicity, sex, sexual orientation, gender, gender identity, ability, religion, age, and socioeconomic class. Students will also draw upon recent and current events to analyze how or if the language of law is changing and the impact therefrom. Students will choose an area where language impacts law to focus on and will use this topic for a research paper and presentation. Some shorter reflections may also be required. UPPER-CLASS WRITING REQUIREMENT: This class may be used to partially satisfy the requirement.

3 credits

This cross-cutting and interdisciplinary course, taught alongside a graduate-level course with BU's new faculty of Computing and Data Sciences, investigates the role that algorithms and automated decision-making systems play in law and society. The course connects legal and technical concepts of transparency, fairness, bias, privacy, and trust, though a series of case studies that present recent applications of technology to legal and regulatory situations and explore the challenges in regulating algorithms. Legal concepts explored will include evidence and expert witnesses, anti-discrimination law concepts of disparate impact and disparate treatment, sectoral information privacy regimes, and public access and transparency laws. Technical concepts explored will include artificial intelligence and machine learning, secure multi-party computation, differential privacy, and zero-knowledge proofs. Grades will be based on a series of assignments that correspond with each case study, to be completed collaboratively in mixed teams of law and computing/data science students. No prior technology experience is required. GRADING NOTICE: This class will not offer the CR/NC/H option.

3 credits

Technology platforms — the intermediaries that shape as well as enable our social and professional interactions, media consumption and game playing, online purchases, and more — have long been treated with cautious deference by lawmakers and regulators concerned that government interference could hamper innovation. But that has changed in recent years, with calls from all sides of the political spectrum to rein in the power of today’s tech giants through a variety of different legal reforms addressing consumer privacy, freedom of speech, algorithmic bias, anti-competitive behavior, and more. This seminar will explore the legal framework for platform regulation in the United States, with an emphasis on platforms' role in enabling harmful third-party conduct. We will begin by contrasting the treatment of intermediaries under copyright and trademark law with the almost-complete immunity that Section 230 of the Communications Decency Act confers for non-IP claims. We will then turn to current debates over whether platforms should face greater responsibility for preventing or limiting internet-related harms. Given the fast-changing landscape, precise topics will be determined in the lead-up to the semester, but they may include election interference, harms to children, privacy violations, perceived political bias, algorithmic amplification, and mis/disinformation. To provide a more robust experience in addressing complex issues at the intersection of law and technology, this course will include joint sessions and projects with a parallel computer science course at MIT, requiring law students and computer science students to collaborate to assess and develop proposals that address the technological as well as legal challenges in regulating platforms. RECOMMENDED COURSES: A previous course in Intellectual Property or Information Privacy is highly recommended. UPPER-CLASS WRITING REQUIREMENT: This class may be used to partially satisfy the requirement. GRADING NOTICE: This class does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This seminar will survey a range of legal issues presented by sports in America. There are no pre-requisites. However, students should be prepared to learn basic principles of antitrust law and labor law and how these principles have influenced the regulation of professional sports franchises and leagues and the relationship between players and owners. Intellectual property law, tort law, and agency law, as applied in the professional sports context will also be studied and applied. Topics will include the legal, contractual, and economic relationship between professional sports franchises and the sports and entertainment venues in which they play, and the ownership of athlete identity and its utilization by athletes, teams, sponsors, and equipment manufacturers. The course will also focus upon the negotiation of significant contracts that govern the relationship between stakeholders in the sports industry, such as venue leases, naming rights agreements, sponsorships, and athlete endorsement agreements. Grades will be based on contract interpretation exercises and writing, an advocacy writing and oral class participation. There is no examination. UPPER-CLASS WRITING REQUIREMENT: This class may not be used to satisfy the requirement. OFFERING PATTERN: This class not offered every year. Students are advised to take this into account when planning their long-term schedule. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This is a practical skills seminar designed to introduce LLM students to the theory and practice of legal interviewing and client counseling. Through a combination of classroom discussion, readings, reflective writing, simulations and role-plays, students will learn the skills and techniques lawyers use to help clients make sound decisions. These include: identifying and obtaining relevant facts; effectively formulating questions; actively listening; identifying legal problems; clarifying client needs and objectives; formulating potential strategies; assisting clients in evaluating options; and communicating difficult information to clients, in litigation and transactional contexts. This course will provide opportunities for experiential learning, allowing students to develop and practice interviewing and counseling in real- world contexts. Enrollment limited to 18. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

2 credits

We cannot avoid external and societal stressors, and we cannot ignore the inherent stressors of law school. We can, however, work on developing healthy behaviors to help manage or regulate that stress. The Mindfulness in Law seminar will explore mindfulness strategies that students can use to make the stressors from law school and the practice of law less overwhelming. It has been noted that mindfulness practices can enable students to perform better in law school by enhancing their ability to manage stress, concentrate, and develop and sustain higher energy levels. As a result, they can learn more, study more efficiently and perform better in class, clinics and law practice settings. The seminar is designed to address the many causes of stress (personal, societal, global), and identify ways to address and manage stress, develop a grounded and centered presence, and cultivate focus, resilience and equanimity. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This seminar exposes international LLM students to how business lawyers effectively and ethically represent their clients in negotiating complex commercial contracts. Through role plays, in-class discussions, and written assignments, students will learn strategies to move negotiations from a binary win/lose result to a win-win outcome that can lay the groundwork for a productive start or continuation of a contractual relation. The seminar is hands-on, with a focus on developing practical negotiation skills in contexts that replicate actual legal practice with an unfamiliar opposing party. While students will have an opportunity to draft business and legal provisions of commercial agreements, the emphasis will be on strategies to effectively negotiate these provisions. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

2 credits

This course will examine all aspects of U.S. patent litigation, beginning with pre-filing considerations such as standing, venue, and jurisdiction, and ending with the appeal to the US Court of Appeals for the Federal Circuit. Particular attention will be given to pleadings, claim construction, discovery, and motion practice, as well as the methods of proving invalidity, unenforceability, infringement and damages. The course will also consider trial preparation techniques, trial practice, the role of technical experts, and the remedies available in patent cases. Although the focus will be on patents, we will explore the similarities and differences between patent cases and other types of IP cases, such as copyrights, trademarks and trade secrets. The first portion of each class will cover case law and statutes, and the second portion of each class will include student presentations to allow a discussion of practice skills. Students will be evaluated based primarily on a final exam and their written submissions with respect to at least two in-class presentations that each student will be assigned throughout the semester (e.g., a Markman presentation or mock argument on a motion to transfer). No scientific or technical background is required to enroll in this seminar, and there are no formal prerequisites, although prior or concurrent exposure to civil procedure and to patent law (such as through the Patent Law course or the Intellectual Property course) will be helpful.

3 credits

Graduate Prerequisites: INTELLECTUAL PROPERTY, PATENT LAW, OR PERMISSION OF THE INSTRUCTOR. ; Graduate Corequisites: INTELLECTUAL PROPERTY, PATENT LAW, OR PERMISSION OF THE INSTRUCTOR. - This seminar examines various aspects of U.S. patent practice including prosecution processes, strategies, post-grant options, business and ethical considerations, and management of international patent portfolios. PREREQUISITE/COREQUISITE: Intellectual Property Law, Patent Law; for LLMs, some experience with patent law is sufficient; experience as technology specialist or who have passed the patent bar may also be admitted. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with the approval of the Associate Dean for Academic Affairs. OFFERING PATTERN: This class is frequently offered in alternating years. Students are advised to take this into account when planning their long-term schedule. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This course introduces the student to the structure of the patent trial process and the skills used by patent trial lawyers. This is a simulation course. Students will act as trial counsel in a federal civil action. The case will model a hypothetical patent case, from filing of the complaint to trial. The students will simulate motion practice, claim construction, depositions, as well as trial. The course will include some substantive instruction on patent law, but the focus of the course will be on experiential learning. Students will receive instruction on general litigation techniques relevant to presenting complex science and technologies to a judge or fact-finder. For example, students will learn how to utilize technology to facilitate their presentations during oral argument and in examining witnesses (e.g., through use of demonstratives). Students do not need to have a background in science or technology. Similarly, students do not need to have taken prior coursework in patent law. Enrollment will be limited to 12 students, who will be divided into plaintiff and defendant teams. Grades will be individualized and based on the following: participation in class discussion, simulations, and workshops; motion to dismiss argument; claim construction argument; deposition; and trial. PREREQUISITE Evidence (may be a corequisite for 3Ls). RECOMMENDED COURSES: Patent Law, Patent Litigation NOTE: This class counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This class does not offer the CR/NC/H option.

3 credits

This course stresses how patent prosecution affects the value of patents and the effect of decisions made during prosecution on enforceability of patents, while emphasizing patent law principles and doctrines as applied to biotechnology and pharmaceutical patents, specifically. Particular attention will be paid to recent U.S. Federal Circuit and Supreme Court case law developments and their impact on the field. Topics include (1) patent eligibility of biotechnological inventions including diagnostics and "natural" products such as genes, claim strategies, written description, enablement, utility, best mode including requirements for biological deposits, inventorship, inherent anticipation, obviousness, infringement, and the intersection of patent and FDA regimes for small molecules and biologics; (2) patent scope and forms of infringing activities in pharma/biotech; and (3) a survey of theories, critiques, and institutions of patent law, generally. Pharma/Biotech Patent Prosecution will integrate a working understanding of the core issues and strategies involved in prosecuting a patent before the U.S. Patent & Trademark Office (PTO), exploring various strategies for responding to office actions, avoiding and overcoming objections and rejections, and avoiding prosecution history estoppels arising under Supreme Court and Federal Circuit case law. We will consider some advanced topics, including but not limited to the prosecuting lawyer's duty of candor before the PTO, client engagement and preparation, patent litigation, and/or post-grant practice.

3 credits

This seminar explores how modern technology disrupts many of the customs and principles upon which our laws and institutions for national security have evolved. The advancement of modern technology is changing the nature of how we perceive and defend against security threats across all domains. Attacks can be launched in ways that national borders and other conventional defenses cannot easily stop, and the proliferation of privacy enhancing cryptographic tools provides virtual refuge for threat actors to congregate, coordinate and conspire. At the same time, the state has mobilized the use of new technologies--expanding, and indeed, redefining, surveillance capabilities--to predict, prevent and defend against threats in the modern era. This class will focus on a series of historical and contemporary challenges posed by a range of technologies to the government's administration of security and justice, and the solutions implemented or proposed by the state in response. The objective is to contextualize and deepen our understanding of the substantive and institutional questions that arise from the modern day "going dark" problem, in order to facilitate sound policy and good politics in areas that are devoid of law. Topics for discussion may include, but are not limited to: the use of cryptographic tools to evade government surveillance; government proposals for "backdoor" access to people's devices and data; the use of government hacking as a surveillance tool; and the use of machine learning to predict and prevent threat incidents. No technical knowledge is required. UPPER-CLASS WRITING REQUIREMENT: This class may not be used to satisfy the requirement. GRADING NOTICE: This class does not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

Antidiscrimination law is broadly viewed as a vehicle to redress and ameliorate racial inequality across domains of social, economic, and political life. And yet, all too often, this body of law reinforces and reproduces racial hierarchy and stratification. The tension between antidiscrimination law's egalitarian aspirations and racially subordinating effects is not new. Nevertheless, our current cultural moment invites renewed attention to the forces that hinder antidiscrimination law's remedial promise and potential. To further this inquiry, the seminar will interrogate contemporary battles over racial justice through a lens that draws on critical theory, history, and social science. To further ground the seminar to current events, the class will put students into conversation with scholars, practitioners, and/or activists engaged in work "on the ground." This is a reading and writing intensive course. NOTE: This class does not satisfy the upper-class writing requirement. GRADING NOTICE: This class will not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

Chatman/Donweber: This course offers an approach to the lawyer's responsibilities to clients, the profession, and the public. Topics addressed will be problems of disclosure, conflict of interest, advertising, adversary tactics, competence, attorney fees, and fiduciary duties. Cunha: The goals of the Professional Responsibility course are first and foremost to give you a good working knowledge of the Rules of Professional Conduct for lawyers, how those rules have been interpreted by the ABA and State Disciplinary Boards, and how those rules are likely to be applied in real-world practice settings confronted by attorneys on a daily basis. This course will enable you not only to research, locate, interpret and apply the relevant legal standard, but also to give you the analytical tools necessary to handle the tough ethical dilemmas you may encounter in your own practice. Through the readings, class discussions and guest speakers, the course will provide you an ethical “toolbox” to supplement the positive law, in order to assist you in constructing ethical and moral arguments and navigating ethical dilemmas not explicitly addressed by the attorney discipline rules. NOTE: This course satisfies the upper-class Professional Responsibility requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

2 credits

This course offers an approach to the lawyer's responsibilities to clients, the profession, and the public. Topics addressed will be problems of disclosure, conflict of interest, advertising, adversary tactics, competence, attorney fees, and fiduciary duties. GRADING NOTICE: This course does not offer the CR/NC/H option.

2 credits

This course exposes LL.M. students to the basic principles of real property law, including possession, ownership, rights in land, conveyances, estates, future interests, real estate contracts, easements, land use disputes, landlord-tenant issues, and land use controls, among others. The course is designed to provide a fundamental understanding of the essential doctrines of real property law for LL.M. students interested in taking a U.S. bar exam.

3 credits

Biotechnology and Pharmaceuticals are two of the fastest growing industries in the U.S., and the legal issues that arise in connection with representing them are complex and evolving. This seminar will focus on the transactional, intellectual property, and regulatory legal issues that challenge lawyers working with clients in these industries. We will begin with an overview of these industries, including a basic review of the sciences underpinning them (intended for non-scientists). We will then delve into complex legal issues such as licensing, collaborations, and consortium building; academic-industry interactions; the drug and biologic regulatory approval process; issues arising in clinical trials; and legal issues arising in the manufacture and distribution of life sciences products. If time permits, we will also examine the medical device industry and the ways in which that industry differs from the biopharmaceutical industry. In lieu of an exam, students will prepare a 25 page, journal-worthy article addressing a legal topic of the student's selection. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. GRADING NOTICE: This course does not offer the CR/NC/H option. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

2 credits

Practicing law in-house is often done at the tension point of enterprise growth and risk mitigation. This course explores the unique aspects of working as a lawyer within an organization's internal legal department. In order to provide a realistic appreciation and understanding of the role of in-house counsel, the course will utilize scenario-based group tutorials and simulations in which students will act as in-house counsel for a fictitious company in a specific industry. Areas covered may include contractual and employment matters, regulatory, compliance, internal investigations, enterprise risk questions and advising the Board of Directors and senior management. While the course will involve the substantive law of various areas relevant to the fictitious company's business and operations, the focus of the course will be on practicing and building lawyering skills that are critical for effective and ethical in-house practice. These include identifying and analyzing legally viable alternatives, and making recommendations, for the company to pursue to carry-out its business strategy and mitigate risks, as well as written and oral communications and presentations reflecting the same. As an overarching theme, the course will consider how to balance the important role of lawyer and trusted business advisor with the backdrop of the ever-present ethical and reputational considerations of the enterprise. This course is designed to provide students with practical skills (as well as opportunities to use and apply them) as they learn to identify and navigate the day-to-day challenges of the modern corporate counsel. Grades in the course will be based on scenario-based responses (presentation and/or written), a collaborative final group presentation, and in-class participation. CLASS SIZE: Limited to 12 students. NOTE: This course counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option. ATTENDANCE REQUIREMENT: A student who fails to attend the first class or to obtain permission to be absent from either the instructor or the Registrar will be administratively dropped from the course. Students who are on the wait list are required to attend the first class to be considered for enrollment. Because the course involves regular in-class exercises, some of which are done in teams, and class participation is a significant component of a student's final grade, regular class attendance is essential and thus the course normally does not accommodate flexibility in attendance.

2 credits

This course is designed to provide an introductory understanding of the theory and principles by which decentralized digital currencies - cryptocurrencies - operate, within both a practical and legal framework. The course can be broken down into three broad topics: (1) An examination of the concept of money, currency, and legal tender; (2) An introduction to the history of decentralized digital currencies, including the logic of a peer- to-peer payment system, the decentralized governance of cryptocurrency solutions, an analysis of the problems that cryptocurrencies are intended to resolve, and a high-level understanding of the blockchain; and (3) An in- depth examination and analysis of the current state of regulatory and tax treatment of various cryptocurrency transactions in the United States and in international jurisdictions.

2 credits

Intellectual property- from sophisticated aerospace technology to computer software and web applications to music and video rights- is one of the most important, challenging, and sophisticated areas of modern commerce. However, because the IP revolution has occurred in only the last 25 years, many of the traditional principles of income taxation are not easily applied to IP assets. This course will explore the tax aspects of creating intellectual property, buying intellectual property, exploiting IP through leases and licenses, and strategies for selling valuable IP rights with the best tax results. The course will also explore important international tax issues, including the so called "migration" of IP offshore, cost-sharing arrangements, and other mechanisms that seek to "locate" IP and the associated tax liabilities in tax-favorable jurisdictions. The course will teach the tax differences between copyrighting and patenting a software program, the right and wrong ways to license and sell a trademark, and the mechanisms for turning a "license" into a "sale" and thereby converting ordinary income into capitol gains.

2 credits

This course will examine the theory, practice, and interrelationship of trade secret law and the law of restrictive covenants, including laws governing the use and enforceability of noncompetition agreements. We will explore what a trade secret is, what it is not, how it differs from other types of intellectual property, and how something secret can constitute protectable property. We will investigate how trade secrets can be misappropriated, including misappropriation through one's memory; whether and in what circumstances trade secrets will be protected, including through the use of noncompetition agreements, nondisclosure agreements, and other restrictive covenants; the other purposes served by those agreements; and the strengths and weaknesses of the various laws governing the protection of trade secrets and the use of restrictive covenants. Depending on class interest and time, we may discuss related issues such as the current debate over the use of noncompete agreements and their putative effects on innovation. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule.

3 credits

Practice Areas: Healthcare law, Intellectual Property and Strategy Transactions This course is one of the semester-long transaction simulations offered as part of the Transactional Law Program. Collaborative activity is essential to the biopharmaceutical industry due to the high costs and risks associated with drug development. In this course, students will learn how to read, draft, and negotiate collaboration agreements for new drug research, development and commercialization partnerships between biopharmaceutical companies. The course will begin with a brief introductory overview of (i) the biotechnology industry, with a focus on the importance of partnering for successful drug development and commercialization; and (ii) different forms of partnering agreements to develop a general understanding of the structure of such contracts. For the duration of the course, students will be assigned to teams to review, revise and negotiate the terms of a collaboration agreement for their clients, either a large pharmaceutical company or a smaller biotechnology company. Students will learn to think critically about whether certain provisions favor one party or the other, and ways to modify such elements through drafting changes. At the conclusion of the course, each team will be asked to present the key terms of the proposed collaboration agreement to their client's board of directors. Through regular out-of-class assignments, including substantial drafting assignments involving marking up term sheets, preparing issues lists, revising key sections of the collaboration agreement that will be negotiated and finalized by the student teams, and delivering board presentations, the course builds contract analysis, drafting, negotiation and strategic thinking skills students will need as they enter transactional law practice. The course also addresses various ethical issues that may arise in connection with these types of transactions and in transactional practice generally. The course grade will be based on individual participation, drafting assignments, and contributions to team efforts. Please note that no scientific background is necessary for this course as we will not be focusing on the scientific rationale for collaborations. CLASS SIZE: Limited to 12 students. PREREQUISITE: Contract Drafting is recommended, but not required. NOTES: This course counts toward the 6-credit Experiential Learning requirement and also satisfies the Transaction Simulation requirement of the Transactional Practice Concentration. GRADING NOTICE: This course does not offer the CR/NC/H option. ATTENDANCE REQUIREMENT: A student who fails to attend the first class or to obtain permission to be absent from either the instructor or the Registrar will be administratively dropped from the course. Students who are on the wait list are required to attend the first class to be considered for enrollment. Because the course involves regular in-class exercises, some of which are done in teams, and class participation is a significant component of a student's final grade, regular class attendance is essential and thus the course cannot accommodate flexibility in attendance.

3 credits

Practice Areas: General Corporate and Corporate Finance This course is one of the semester-long transaction simulations offered as part of the Transactional Law Program. The simulated transaction is the formation and subsequent first-round venture financing of a new software business started by two entrepreneurs who are recent graduates of the California Institute of Technology. During this course, students will be exposed to, and will handle, the principal issues that arise in counseling entrepreneurs as to their emerging businesses, including key elements such as founders' arrangements, entity selection, governance, equity compensation, intellectual property protection, capital raising through SAFEs (which are simple agreements for future equity), convertible notes and preferred stock financing, capitalization/valuation/dilution and investment documentation based on industry-standard contracts. Through exercises both in and outside of class, as well as class discussions, students will simulate the work of practicing attorneys who counsel start-ups and their founders on a day-to-day basis. As part of these simulations, students will review sample agreements, draft and revise agreements and conduct negotiations. In addition, from time to time during the course, the instructors will address ethical issues and other practice points that can arise in connection with the simulated transaction or in transactional practice generally when working with emerging/start-up companies. The course grade will be based on attendance and class participation and three graded writing assignments. CLASS SIZE: 12 students. PREREQUISITE OR CO-REQUISITE: Corporations. Contract Drafting is recommended but not required. NOTES: This course counts toward the 6-credit Experiential Learning requirement and also satisfies the Transaction Simulation requirement of the Transactional Practice Concentration. GRADING NOTICE: This course does not offer the CR/NC/H option. ATTENDANCE REQUIREMENT: A student who fails to attend the first class or to obtain permission to be absent from either the instructor or the Registrar will be administratively dropped from the course. Students who are on the wait list are required to attend the first class to be considered for enrollment. Because the course involves regular in-class exercises, some of which are done in teams, and class participation is a significant component of a student's final grade, regular class attendance is essential and thus the course cannot accommodate flexibility in attendance.

3 credits

This course is a semester-long transaction simulation offered exclusively for LLM in American Law Program and LLM in Intellectual Property Law students. The simulated transaction is the formation and initial financing of a privately- held company in the software industry. The course will expose LLM students to the principal issues involved in counseling U.S.-based entrepreneurs as to their emerging businesses, including choice of entity and entity formation, equity compensation for founders and employees, intellectual property protection of company assets, capital raising through preferred stock financing, and negotiation of financing-related contracts based on industry- standard models. Through in-class discussions, homework assignments and graded writing assignments, students will simulate the work of both junior and senior practicing attorneys who counsel start-ups and their founders and investors. Students will review sample agreements related to start-up businesses such as formation and financing documents, draft and revise such agreements and conduct negotiations for the financing of an emerging business. While the simulation is based on a start-up transaction, many of the principles and concepts will be applicable to a broader range of business deals. The course grade will be based on homework assignments, class participation and graded writing assignments. CLASS SIZE: Limited to 12 students. PREREQUISITE(S): Contracts and Corporations, unless otherwise waived by the instructor. Prior work experience in transactional business law is neither required nor expected. ATTENDANCE REQUIREMENT: A student who fails to attend the first class or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the class. Students who are on the wait list are required to attend the first meeting to be considered for enrollment. GRADING NOTICE: This class will not offer the CR/NC/H option.

3 credits

Practice Areas: Cross-Border Transactions and International Negotiations This course is one of the semester-long transaction simulations offered as part of the Transactional Law Program. The simulated transaction involves two companies, one a large U.S.-based pharmaceutical company ("KJH"), and the other an African agricultural production company that is majority owned by the government of the fictional African country of Malundi ("MCC"). The two companies are interested in working together to exploit a new technology developed by KJH that uses cassava, a plant, grown and harvested by MCC, for a new arthritis drug. MCC has a surplus supply of cassava and has been searching for alternative markets and uses for the surplus supply. KJH has a worldwide distribution channel, has developed and patented a manufacturing process, and possesses valuable know-how, used to extract the active ingredient for the new drug from cassava. Their collaboration could take the form of a joint venture, licensing agreement, long-term supply contract, or a combination of these structures. The course will begin with an introduction to important concepts about international business legal structures, negotiations, and the facts of the simulated case. The class will engage in a number of "hands-on" skill building exercises, individually and in small groups. After the third- or fourth-class meeting, students will be assigned to one of two teams of attorneys, one team representing MCC, and the other representing KJH. The teams will structure, negotiate and document in a detailed "letter of intent" the terms of the parties' collaboration.. The course will explore the impact of cross-cultural customs and norms, as well as challenges presented by individual personalities and negotiating styles and client demands. Certain ethical issues will be addressed that may arise in transactions of this kind and in transactional practice generally. A key goal of the course is to expose students to "real-world" practice and enhance students' ability to structure, negotiate and document a transaction. The course grade will be based on individual class participation, individual and team drafting assignments and team negotiations. CLASS SIZE: Limited to 12 students. This course is open to LLM students provided there are available seats and with the permission of the Instructor and the Assistant Dean of Graduate and International Programs. PREREQUISITES: Corporations and Contract Drafting (or Transactional Contracts in the case of LLM students) are recommended, but not required. NOTES: This course counts toward the 6-credit Experiential Learning requirement and also satisfies the Transaction Simulation requirement of the Transactional Practice Concentration. GRADING NOTICE: This course does not offer the CR/NC/H option. ATTENDANCE REQUIREMENT: A student who fails to attend the first class or to obtain permission to be absent from either the instructor or the Registrar will be administratively dropped from the course. Students who are on the wait list are required to attend the first class to be considered for enrollment. Because the course involves regular in-class exercises, some of which are done in teams, and class participation is a significant component of a student's final grade, regular class attendance is essential and thus the course cannot accommodate flexibility in attendance.

3 credits

Practice Areas: Intellectual Property and Corporate Finance This course is one of the semester-long transaction simulations offered as part of the Transactional Law Program and satisfies the Transaction Simulation requirement of the Transactional Practice Concentration. The course will cover matters and transactions engaged in by a startup company (the "Company") seeking to disrupt the music industry with a new music streaming platform. During this course, students will play the role of a transactional intellectual property attorney, advising the Company on several key strategic intellectual property decisions and matters in connection with launching its music streaming service. Some of these lawyering tasks will be foundational, such as advising the Company in selecting a strong trademark and deciding which open source software to use as the base of its otherwise proprietary software. Other tasks will focus on the key music licensing hurdles for the Company, including advising the Company on music licenses it will need to stream music and launch an advertising campaign. Later in the semester, students will work on a proposed equity investment in the Company, representing either the Company or the investor. The course also addresses various ethical issues that may arise in connection with these types of matters and transactions and in transactional practice generally. CLASS SIZE: Limited to 12 students. PREREQUISITE: IP Survey Course OR at least two of the following courses; Patent Law, Copyright Law, or Trademark Law. Contract Drafting is recommended, but not required. NOTES: This course counts toward the 6 credit Experiential Learning requirement and also satisfies the Transaction Simulation requirement of the Transactional Practice Concentration. GRADING NOTICE: This course does not offer the CR/NC/H option. ATTENDANCE REQUIREMENT: A student who fails to attend the first class or to obtain permission to be absent from either the instructor or the Registrar will be administratively dropped from the course. Students who are on the wait list are required to attend the first class to be considered for enrollment. Because the course involves regular in-class exercises, some of which are done in teams, and class participation is a significant component of a student's final grade, regular class attendance is essential and thus the course normally does not accommodate flexibility in attendance.

3 credits

This course is for foreign-trained LL.M. students. It teaches students basic principles and skills of drafting and analyzing commercial and transaction agreements under U.S. state laws, with a focus on recognizing, and addressing through contractual provisions, key business issues in transactions. While the course utilizes lectures and class discussion to introduce and explain the use of various contract concepts and techniques essential for drafting and reviewing commercial and transaction agreements, it also requires that students complete both in-class exercises and out-of-class assignments as a means of building basic drafting skills and a solid understanding of the structure and operation of contractual provisions in a business transaction under U.S. law. The course also considers various ethical issues that may arise in the contract drafting and review process and in transactional practice generally. Grades will be based on class participation and graded drafting assignments. CLASS SIZE: Limited to 12 students. GRADING NOTICE: This course does not offer the CR/NC/H option. ATTENDANCE REQUIREMENT: A student who fails to attend the first class or to obtain permission to be absent from either the instructor or the Registrar will be administratively dropped from the course. Students who are on the wait list are required to attend the first class to be considered for enrollment. Because the course involves regular in-class exercises, some of which are done in teams, and class participation is a significant component of a student's final grade, regular class attendance is essential and thus the course cannot accommodate flexibility in attendance.