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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 ( for clinical registration dates and early add/drop deadlines.