Course Schedule

Taught as a web-based course. Meets June 4 - 26, 2020.

This course will concentrate on Texas Oil and Gas Law, referring to the law of other states to facilitate a better understanding of Texas law. The coverage includes a study of various kinds of property interests that are commonly created in oil and gas and in the land from which they are produced; concepts as to the nature of a landowner's interest in oil and gas; the creation and duration of mineral leases; the rights and duties between lessor and lessee; the nature and characteristics of a mineral fee; the rights and duties between mineral and surface owners; the different kinds of royalty and mineral interests; the protection of interests in oil and gas properties against trespassers, including issues raised by horizontal drilling and hydraulic fracturing, and wrongful claimants. State regulation of drilling and production will be briefly covered.

The text for this course is a "Hornbook," selected because it should work better than a traditional casebook for online instruction. The class will address materials in the first 9 chapters. The book covers oil and gas law generally, not just Texas, but the class sessions will concentrate on Texas law.

Oil & Gas Taxation covers the United States federal income taxation of domestic oil and gas operations and transactions. The course examines taxation associated with the operational life cycle of oil and gas operations including exploration, development, production and abandonment. The study of transactions involving oil and gas interests analyzes acquisition, disposition, structuring and investment. Course participants learn the historical context and development of oil and gas provisions found in U.S. tax law. Current tax legislative proposals or enactments that affect the oil and gas industry are addressed if warranted. Although emphasis is on federal income taxation of domestic oil and gas transactions, the international tax aspects of the oil and gas business also are surveyed. It is helpful if students have taken Federal Income Tax or Oil and Gas Law as prerequisites to this course.

Oil & Gas Taxation covers the United States federal income taxation of domestic oil and gas operations and transactions. The course examines taxation associated with the operational life cycle of oil and gas operations including exploration, development, production and abandonment. The study of transactions involving oil and gas interests analyzes acquisition, disposition, structuring and investment. Course participants learn the historical context and development of oil and gas provisions found in U.S. tax law. Current tax legislative proposals or enactments that affect the oil and gas industry are addressed if warranted. Although emphasis is on federal income taxation of domestic oil and gas transactions, the international tax aspects of the oil and gas business also are surveyed. It is helpful if students have taken Federal Income Tax or Oil and Gas Law as prerequisites to this course.

Cross-Listing. Oil & Gas Taxation covers the United States federal income taxation of domestic oil and gas operations and transactions. The course examines taxation associated with the operational life cycle of oil and gas operations including exploration, development, production and abandonment. The study of transactions involving oil and gas interests analyzes acquisition, disposition, structuring and investment. Course participants learn the historical context and development of oil and gas provisions found in U.S. tax law. Current tax legislative proposals or enactments that affect the oil and gas industry are addressed if warranted. Although emphasis is on federal income taxation of domestic oil and gas transactions, the international tax aspects of the oil and gas business also are surveyed. It is helpful if students have taken Federal Income Tax or Oil and Gas Law as prerequisites to this course.

Prerequisite: Law 254J, 354J, 454J, 554J, (Federal Income Taxation) 254N, or 354N (Federal Income Taxation A).

The course covers the taxation of partnerships, limited liability companies and S corporations, the most common forms of business organizations that involve a single level of tax. Most business entities with non-publicly traded interests take one of these forms; almost all such entities should take one of these forms. The rules on partnership tax also are increasingly relevant to a corporate and international practice as partnerships are used for corporate and international joint ventures and as vehicles for mergers and acquisitions. The course is essential for anyone who intends to practice in tax. It is useful for anyone who intends to practice in an area involving significant business planning.

Prerequisite: Law 254J, 354J, 454J, 554J, (Federal Income Taxation) 254N, or 354N (Federal Income Taxation A).

The course covers the taxation of partnerships, limited liability companies and S corporations, the most common forms of business organizations that involve a single level of tax. Most business entities with non-publicly traded interests take one of these forms; almost all such entities should take one of these forms. The rules on partnership tax also are increasingly relevant to a corporate and international practice as partnerships are used for corporate and international joint ventures and as vehicles for mergers and acquisitions. The course is essential for anyone who intends to practice in tax. It is useful for anyone who intends to practice in an area involving significant business planning.

Prerequisite: Law 254J, 354J, 454J, 554J, (Federal Income Taxation) 254N, or 354N (Federal Income Taxation A).

The course covers the taxation of partnerships, limited liability companies and S corporations, the most common forms of business organizations that involve a single level of tax. Most business entities with non-publicly traded interests take one of these forms; almost all such entities should take one of these forms. The rules on partnership tax also are increasingly relevant to a corporate and international practice as partnerships are used for corporate and international joint ventures and as vehicles for mergers and acquisitions. The course is essential for anyone who intends to practice in tax. It is useful for anyone who intends to practice in an area involving significant business planning.

Prerequisite: Law 254J, 354J, 454J, 554J, (Federal Income Taxation) 254N, or 354N (Federal Income Taxation A).

The course covers the taxation of partnerships, limited liability companies and S corporations, the most common forms of business organizations that involve a single level of tax. Most business entities with non-publicly traded interests take one of these forms; almost all such entities should take one of these forms. The rules on partnership tax also are increasingly relevant to a corporate and international practice as partnerships are used for corporate and international joint ventures and as vehicles for mergers and acquisitions. The course is essential for anyone who intends to practice in tax. It is useful for anyone who intends to practice in an area involving significant business planning.

Prerequisite: Law 254J, 354J, 454J, 554J, (Federal Income Taxation) 254N, or 354N (Federal Income Taxation A).

The course covers the taxation of partnerships, limited liability companies and S corporations, the most common forms of business organizations that involve a single level of tax. Most business entities with non-publicly traded interests take one of these forms; almost all such entities should take one of these forms. The rules on partnership tax also are increasingly relevant to a corporate and international practice as partnerships are used for corporate and international joint ventures and as vehicles for mergers and acquisitions. The course is essential for anyone who intends to practice in tax. It is useful for anyone who intends to practice in an area involving significant business planning.

This course provides a practical understanding of the primary business objectives and legal considerations in equity co-investing and the formation of joint  ventures (“JVs”) as well as the core legal documents commonly used to govern them. While the form and terms of a JV can widely vary, we will focus primarily on investments carried out through separate legal entities and, with a few exceptions, assume the JV and JV parties are US entities. Throughout the semester, students will not only gain an understanding of common business and legal terms negotiated in the formation of a JV, but also see how those concepts are translated into the form of a legal agreement using model documents (primarily the limited liability company agreement  or shareholders agreement). We will also use select facts pertaining to real life JVs to illustrate the areas of possible tension or alignment between JV parties and how different types of JV partners (financial vs. strategic) bring different contributions and concerns to the table. The course will also provide a general background of private equity structures and strategies.

25% Class Participation

75% Drafting Exercises (3 total) - Over the course of the semester students will complete two drafting exercises where they will be asked to review and propose revisions to or interpretations of select provisions of a joint venture agreement using a hypothetical fact pattern and client goals based on readings and class discussions on the applicable topic(s). There will be a third and final assignment to be completed as a take-home final which will require students to analyze a hypothetical fact pattern and documents using the knowledge gained over the course of the semester  

It is strongly suggest students take Business Organizations/Associations as a pre-requisite or at a minimum concurrently with the course.

This course provides a practical understanding of the primary business objectives and legal considerations in forming joint  ventures (“JVs”) and the core legal documents commonly used to govern them. While the form and terms of a JV can widely vary, we will focus primarily on JVs carried out through separate legal entities and, with a few exceptions, assume the JV and JV parties are US entities. Throughout the semester, students will not only gain an understanding of common business and legal terms negotiated in the formation of a JV, but also see how those concepts are translated into the form of a legal agreement using model documents (primarily the limited liability company agreement  or shareholders agreement). We will also use select facts pertaining to real life JVs to illustrate the areas of possible tension or alignment between JV parties and how different types of JV partners (financial vs. strategic) bring different contributions and concerns to the table.

25% Class Participation/Weekly Quiz - At the beginning of the semester, each student will be assigned an on-call topic and students may be called on to discuss the core components of the topic at hand (Ownership Structures, Governance, Transfer Rights, etc.) or the objectives and considerations of different hypothetical clients in respect of said topic. There will also be a 5 question multiple choice comprehension quiz on canvas to be completed once a week.

75% Drafting Exercises (3 total) - Over the course of the semester students will complete two drafting exercises where they will be asked to review and propose revisions to or interpretations of select provisions of a joint venture agreement using a hypothetical fact pattern and client goals based on readings and class discussions on the applicable topic(s). There will be a third and final assignment to be completed as a take-home final which will require students to analyze a hypothetical fact pattern and documents using the knowledge gained over the course of the semester  

It is strongly suggest students take Business Organizations/Associations as a pre-requisite or at a minimum concurrently with the course.

This course provides a practical understanding of the primary business objectives and legal considerations in forming joint  ventures (“JVs”) and the core legal documents commonly used to govern them. While the form and terms of a JV can widely vary, we will focus primarily on JVs carried out through separate legal entities and, with a few exceptions, assume the JV and JV parties are US entities. Throughout the semester, students will not only gain an understanding of common business and legal terms negotiated in the formation of a JV, but also see how those concepts are translated into the form of a legal agreement using model documents (primarily the limited liability company agreement  or shareholders agreement). We will also use select facts pertaining to real life JVs to illustrate the areas of possible tension or alignment between JV parties and how different types of JV partners (financial vs. strategic) bring different contributions and concerns to the table.

25% Class Participation/Weekly Quiz - At the beginning of the semester, each student will be assigned an on-call topic and students may be called on to discuss the core components of the topic at hand (Ownership Structures, Governance, Transfer Rights, etc.) or the objectives and considerations of different hypothetical clients in respect of said topic. There will also be a 5 question multiple choice comprehension quiz on canvas to be completed once a week.

75% Drafting Exercises (3 total) - Over the course of the semester students will complete two drafting exercises where they will be asked to review and propose revisions to or interpretations of select provisions of a joint venture agreement using a hypothetical fact pattern and client goals based on readings and class discussions on the applicable topic(s). There will be a third and final assignment to be completed as a take-home final which will require students to analyze a hypothetical fact pattern and documents using the knowledge gained over the course of the semester  

It is strongly suggest students take Business Organizations/Associations as a pre-requisite or at a minimum concurrently with the course.

This course provides a practical understanding of the primary business objectives and legal considerations in forming joint  ventures (“JVs”) and the core legal documents commonly used to govern them. While the form and terms of a JV can widely vary, we will focus primarily on JVs carried out through separate legal entities and, with a few exceptions, assume the JV and JV parties are US entities. Throughout the semester, students will not only gain an understanding of common business and legal terms negotiated in the formation of a JV, but also see how those concepts are translated into the form of a legal agreement using model documents (primarily the limited liability company agreement  or shareholders agreement). We will also use select facts pertaining to real life JVs (primarily Hulu) to illustrate the areas of possible tension or alignment between JV parties and how different types of JV partners (financial vs. strategic) bring different contributions and concerns to the table.

25% Class Participation/Weekly Quiz - At the beginning of the semester, each student will be assigned a "client" (or in some case a succession of similarly situated clients) out of the ownership of Hulu LLC and students may be called on to discuss the core components of the topic at hand (Ownership Structures, Governance, Transfer Rights, etc.) or the objectives and considerations of their specific client in respect of said topic. There will also be a 5 question multiple choice comprehension quiz on canvas to be completed once a week.

75% Drafting Exercises (3 total) - Over the course of the semester students will complete two drafting exercises where they will be asked to review and propose revisions to a select provisions of a joint venture agreement based on the Hulu fact pattern provided at the beginning of the semester and their assigned client’s goals and concerns as set forth in the readings and class discussions on the applicable topic(s). The "final" will be a take home assignment to draft a complete Letter of Intent/Term Sheet with respect to Hulu on behalf of a client based on readings, class discussions and a limited set of additional set of facts. Each student will receive feedback on the substance of the drafting as well as practical tips for clear and concise drafting.

It is strongly suggest students take Business Organizations/Associations as a pre-requisite or at a minimum concurrently with the course.

The objective of the class is to give students a hands-on experience of the major issues in patent cases from case filing and pre-trial. Students will take briefing from actual motions that were previously pending in Judge Albright’s Court. Students will prepare and argue both sides of the motions before Judge Albright as though they were arguing in court, learning over the course of several arguments how to zealously advocate for their clients while accurately recounting the facts and law. Other judges and special masters who handle certain motions and hearings will preside over some of the classes to expose the students to a wider variety of adjudicators. Additionally, in-house and outside counsel trial lawyers and experts will be available to the students to help coach them as they prepare for their hearings. To provide different experiences for the students in terms of venue, arguments will be made in the courtroom at the Austin federal courthouse. Accordingly, students should expect some non-standard meeting times. We will work with everyone in the class to ensure that any proposal to meet at an irregular time is acceptable to all students in the course.

Example motions in patent cases that students should prepare to undertake are:

1. Motion to dismiss
2. Motion to transfer
3. Claim construction briefing
4. Discovery motion 
5. Daubert motion
6. Motion for summary judgment

The objective of the class is to give students a hands on experience of the major issues in patent cases that are joined between case filing and pre-trial. Students will take briefing from actual motions that were previously pending in Judge Albright’s Court. Students will prepare and argue both sides of the motions before Judge Albright as though they were arguing in court. Magistrate judges and technical advisors who handle discovery motions and Markman hearings will be invited to handle some of the classes to expose the students to a wider variety of judges. Additionally, in-house and outside counsel patent trial lawyers will be available to the students to help coach them as they prepare for their hearings. To provide different experiences for the students in terms of venue, arguments will be made in the courtroom at the Austin federal courthouse. Accordingly, students should expect some non-standard meeting times. We will work with everyone in the class to ensure that any proposal to meet at an irregular time is acceptable to all students in the course.

Standard motions in patent cases that students should prepare to undertake are:

1. Motion to dismiss under Rule 12(b)(6) or Section 101
2. Motion to transfer either from Waco to Austin or from the WDTX to another district
3. Markman hearing to construe claim terms
4. Discovery motion 
5. Motion for summary judgment
6. Daubert motion

The objective of the class is to give students a hands on experience of the major issues in patent cases that are joined between case filing and pre-trial. Students will take briefing from actual motions that either are or have been pending in Judge Albright’s Court. Students will prepare and argue both sides of the motions before Judge Albright as though they were arguing in court.  Magistrate judges who handle discovery motions will be invited to handle one or two of the classes to expose the students to a wider variety of federal judges. Additionally, patent trial lawyers who are friends of the Court will be available to the students to help coach them as they prepare for their hearings. To provide different experiences for the students in terms of venue, arguments will be made in the courtroom at the law school, in the Austin federal courthouse, and by ZOOM. Accordingly, students should expect some non-standard meeting times and locations. We will work with everyone in the class to ensure that any proposal to meet at an irregular time is acceptable to all students in the course.

Standard motions in patent cases that students should prepare to undertake are:

1. Motion to dismiss (a) 12(b)(6) or under Section 101
2. Motion to transfer either from Waco to Austin or from the WDTX to another district
3. Markman hearing to construe claim terms
4. Discovery motions 
5. Motion for summary judgment
6. Daubert motion
7. Motion in limine 

The objective of the class is to give students a hands on experience of the major issues in patent cases that are joined between case filing and pre-trial. Students will take briefing from actual motions that either are or have been pending in Judge Albright’s Court. Students will prepare and argue both sides of the motions before Judge Albright as though they were arguing in court.  Magistrate judges who handle discovery motions will be invited to handle one or two of the classes to expose the students to a wider variety of federal judges. Additionally, patent trial lawyers who are friends of the Court will be available to the students to help coach them as they prepare for their hearings. To provide different experiences for the students in terms of venue, arguments will be made in the courtroom at the law school, in the Austin federal courthouse, and by ZOOM. Accordingly, students should expect some non-standard meeting times and locations. We will work with everyone in the class to ensure that any proposal to meet at an irregular time is acceptable to all students in the course.

Standard motions in patent cases that students should prepare to undertake are:

1. Motion to dismiss (a) 12(b)(6) or under Section 101
2. Motion to transfer either from Waco to Austin or from the WDTX to another district
3. Markman hearing to construe claim terms
4. Discovery motions 
5. Motion for summary judgment
6. Daubert motion
7. Motion in limine 

This course examines doctrines and policy concerns of United States patent law. Topics examined include eligible subject matter for patenting, conditions for patentability, patent specification and claim requirements, infringement, defenses and remedies. There are no specific prerequisites. The course is designed to be accessible to students without a science or engineering background. Course materials will include the latest edition of Patent Law and Policy: Cases and Materials by Robert Merges and John Duffy.

This course examines doctrines and policy concerns of United States patent law. Focal points include (1) patentability requirements such as eligible subject matter, novelty, and nonobviousness; (2) assessment of patent scope and forms of infringing activities; and (3) theories and institutions of patent law. There are no specific prerequisites. The course is designed to be accessible to students without a science or engineering background. Students are required to participate in class on "on call" panel days. Grading will be based on satisfaction of the panel requirement and performance on a one-day, take-home examination.

This course examines doctrines and policy concerns of United States patent law. Focal points include (1) patentability requirements such as eligible subject matter, novelty, and nonobviousness; (2) assessment of patent scope and forms of infringing activities; and (3) theories and institutions of patent law. There are no specific prerequisites. The course is designed to be accessible to students without a science or engineering background. 

This course covers the foundational legal doctrines of U.S. Patent Law and highlights the relationship of patent law to other areas of intellectual property law (e.g., copyright, trade secrets). The course is not geared toward preparation for the patent bar exam, but instead focuses on the principles of patent law, important litigation and patent drafting strategies, and the rapidly evolving case law in this area. There are no prerequisites for this course, and no technical background is required.

This course will be taught in person but with the option of occasional remote participation via Zoom.  If students require all remote participation, they must register for the 27801 section of this course, which is identical but web-based.

This course examines doctrines and policy concerns of United States patent law. Focal points include (1) patentability requirements such as eligible subject matter, novelty, and nonobviousness; (2) patent scope and forms of infringing activities; and (3) theories, critiques, and institutions of patent law. There are no specific prerequisites. The course is designed to be accessible to students without a science or engineering background. Course materials will include (1) the latest edition of Patent Law and Policy: Cases and Materials by Robert Merges and John Duffy; (2) Foundations of Intellectual Property by Robert Merges and Jane Ginsburg; and (3) other materials made available online and in hard copy.

This Patent Litigation course will cover major issues in a typical patent litigation from pre-suit evaluation through trial and appeal (time permitting).   Students will be divided into two roughly equal groups, one representing the plaintiff (and patent owner), the other will represent the defendant. Students will develop a patent litigation between two fictional companies. The phases of litigation covered will include: pre-suit analysis, complaint/answer, early motion practice, discovery, claim construction, expert reports, pretrial/trial, and appeal.  The course will also cover inter partes review and the Patent Trial and Appeal Board.  We will also discuss mediation and settlement.

This Patent Litigation course will cover major issues in a typical patent litigation from pre-suit evaluation through trial and appeal (time permitting).   Students will be divided into two roughly equal groups, one representing the plaintiff (and patent owner), the other will represent the defendant. Students will develop a patent litigation between two fictional companies. The phases of litigation covered will include: pre-suit analysis, complaint/answer, early motion practice, discovery, claim construction, expert reports, pretrial/trial, and appeal.  The course will also cover inter partes review and the Patent Trial and Appeal Board.  We will also discuss mediation and settlement.

This Patent Litigation course will cover major issues in a typical patent litigation from pre-suit evaluation through trial and appeal (time permitting).   Students will be divided into two roughly equal groups, one representing the plaintiff (and patent owner), the other will represent the defendant. Students will develop a patent litigation between two fictional companies. The phases of litigation covered will include: pre-suit analysis, complaint/answer, early motion practice, discovery, claim construction, expert reports, pretrial/trial, and appeal.  The course will also cover inter partes review and the Patent Trial and Appeal Board.  We will also discuss mediation and settlement.