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Practical Lawyering in Cyberspace: Seminar - Fall 2011

Fall term, Block J
W 5:00 PM - 7:00 PM

Clinical Professor Phillip Malone and Mr. Christopher T. Bavitz
2 classroom credits LAW-98141A
Optional clinical: 2, 3, or 4 Fall or Spring credits, or 2 Winter credits LAw-98141C

This course will explore the complex challenges of effectively representing clients in a wide variety of intellectual property, technology and internet-related disputes. Using a rich set of cyberlaw-related case studies drawn from recent legal controversies, including targeted case readings, court filings, real-life testimony, deposition videotapes and other demonstrative materials, we will condense and weave together a broad range of experiences lawyers encounter in the actual practice of law in these dynamic fields with the core doctrinal and theoretical principles of the relevant areas of law, including IP, online speech, anonymity, privacy, cybercrime, antitrust and others. We will focus particularly closely on critical and strategic thinking and analysis, complex legal-practical problem solving and decision-making; and clear and persuasive writing and drafting. At appropriate points, we will bring in outside specialists to enhance our understanding of the interplay betw een substantive and practical issues. (Previous guests have included Microsoft's head of global IP strategy, Twitter's general counsel, Facebook's chief privacy officer, Google's chief competition counsel, a top Justice Department official responsible for cybercrime, a senior Assistant U.S. Attorney who prosecutes major high-tech cases, and noted computer scientists who have testified as experts in antitrust and patent cases). This seminar is particularly suited for students who intend to enroll, or have enrolled, in the HLS 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 of the Berkman Center for Internet and Society. Please refer to the Office of Clinical and Pro Bono Programs website ( for clinical registration dates, early add/drop deadlines, and other information about the clinical.