Practical Lawyering in Cyberspace: Seminar - Fall 2009
Fall term, Block I
T 5:00 PM - 7:00 PM
Clinical Professor Phillip Malone
2 classroom credits LAW-98141A
2, 3, or 4 optional clinical credits Fall or Spring, or 2 Winter LAW-98141C
Using a variety of cyberlaw-related case studies drawn from recent
legal controversies, along with targeted readings, court filings,
real-life testimony, deposition videotapes and other actual
demonstrative materials, this seminar covers the practical lawyering
skills essential for the effective representation of clients in a wide
variety of technology and internet-related disputes. We will condense
and weave together a broad range of experiences students ultimately may
encounter in the actual practice of law in this dynamic area with the
core doctrinal and theoretical principles of the relevant areas of law,
including intellectual property, speech, anonymity, privacy,
competition, computer crime and others. Special emphasis will be placed
on decision-making and counseling skills; clear and persuasive writing,
drafting and negotiating skills and, most importantly; critical and
strategic thinking and analysis. At appropriate points, we may be
joined by outside specialists to e nhance our understanding of the
complex interplay between substantive and practical issues. (Previous
guests have included Facebook's chief privacy officer, Google's chief
competition counsel, a top Justice Department official responsible for
cyber-crime, a senior Assistant U.S. Attorney who prosecutes major
high-tech cases, the head of the Massachusetts AG's high-tech unit, and
noted computer scientists who have testified as experts in antitrust
and patent cases). This seminar is particularly appropriate as an
offering for those students who intend to enroll, or have enrolled, in
the Cyberlaw Clinic at the Berkman Center.
Students who would like to participate in the optional clinical must
enroll through clinical registration. Clinical placements are with the
Cyberlaw Clinic at the Berkman Center for Internet and Society. Please
refer to the Office of Clinical and Pro Bono Programs (http://www.law.harvard.edu/academics/clinical) for clinical registration dates and early add/drop deadlines.