Course Schedule

This course will provide in-depth study of U.S. and Texas law protecting trade secrets, the legal mechanism that businesses are increasingly relying on to protect their intellectual property and confidential business information. The course will cover statutory and common law protection for trade secrets. It will examine trade secret fundamentals such as the scope, duration, and prerequisites for trade secret protection, including subject matter, secrecy, economic value, and reasonable efforts to protect the trade secret. Common misappropriation scenarios will be addressed: joint ventures, potential acquisitions, and departing employees going to work for competitors. In addition, the course will explore litigation strategies for trade secrets cases, in particular requests for a preliminary injunction, forensic discovery, and timing of identification of the trade secret. Employment law angles of misappropriation of trade secrets will also be discussed, such as issues regarding confidentiality and non-competition agreements. Procedures and requirements for preserving trade secret protection will also be covered. Finally, the course touches on relevant comparisons between trade secret law and other legal doctrines, such as patent law.

TEXTBOOK: Trade Secret Law in a nutshell. Sharon K. Sandeen, Elizabeth A. Rowe. ISBN: 9781640202115

Trademark law is a species of intellectual property and unfair competition law. Trademarks represent the goodwill (or reputation) of a business and its products/services. Businesses rely on trademarks to identify their products/services, to indicate the source of those products/services, and to distinguish those products/services from the competition. Consumers rely on trademarks to distinguish products/services among competitors and as assurances of quality. Needless to say, trademarks are among a business’s most valuable assets.

This course delves into the fundamentals and modern-day application of U.S. trademark law. We will study the underlying principles of trademark law, the different types of trademarks, how trademark rights are acquired and lost, the scope and limits of those rights, the standards for determining whether a trademark violates the rights of another or deceives the public, the defenses and remedies available to parties in an action for trademark infringement or dilution, and an overview of the federal trademark registration process. Time permitting, we will also study closely related topics like trade dress, cybersquatting, counterfeit and gray market goods, false advertising, and the right of publicity.

Trademark law is a species of intellectual property and unfair competition law. Trademarks represent the goodwill (or reputation) of a business and its products/services. Businesses rely on trademarks to identify their goods/services, to indicate the source of those products/services, and to distinguish those products/services from the competition. Consumers rely on trademarks to distinguish products/services among competitors and as assurances of quality. Needless to say, trademarks are among a business’s most valuable assets.

This course delves into the fundamentals and modern-day application of U.S. trademark law. We will study the underlying principles of trademark law, the different types of trademarks, how trademark rights are acquired and lost, the scope and limits of those rights, the standards for determining whether a trademark violates the rights of another or deceives the public, the defenses and remedies available to parties in an action for trademark infringement or dilution, and an overview of the federal trademark registration process. Time permitting, we will also study closely related topics like trade dress, cybersquatting, counterfeit and gray market goods, false advertising, and the right of publicity.

This course will explore the doctrine, policy, and theory of trademark protection and unfair competition law. We will focus on the federal Lanham Act and also cover some aspects of state unfair competition law. We will ask why, and in what circumstances, things like words, symbols, slogans, product design, packaging, smells, sounds, and restaurant decor can serve as trademarks. We will also study the rules of trademark ownership, including how a party can obtain, maintain, and transfer trademark rights; the scope and limitations of trademark rights; the rules and policies related to trademark infringement and dilution; the nature of trademark defenses, and the right of competitors (and the public) to engage in unauthorized uses of marks for purposes such as parody and comparative advertising. Along the way, we will discuss the heated debates over the broad expansion of trademark rights in recent decades and explore some of the trademark issues involved with internet uses of marks. Other topics that might be covered, time permitting, include false advertising and the legal protection of trademarks abroad.

This course will explore the doctrine, policy, and theory of trademark protection and unfair competition law. We will focus on the federal Lanham Act and also cover some aspects of state unfair competition law. We will ask why, and in what circumstances, things like words, symbols, slogans, product design, packaging, smells, sounds, and restaurant decor can serve as trademarks. We will also study the rules of trademark ownership, including how a party can obtain, maintain, and transfer trademark rights; the scope and limitations of trademark rights; the rules and policies related to trademark infringement and dilution; the nature of trademark defenses, and the right of competitors (and the public) to engage in unauthorized uses of marks for purposes such as parody and comparative advertising. Along the way, we will discuss the heated debates over the broad expansion of trademark rights in recent decades and explore some of the trademark issues involved with internet uses of marks. Other topics that might be covered, time permitting, include false advertising and the legal protection of trademarks abroad.

Transactional Practice Skills: Doing Deals introduces students to the skills that lawyers—in particular, junior lawyers—will need in transactional practice in a modern “biglaw” firm. In this course, students will experience critical aspects of what it is like to be a junior associate on a transactional “deal team” as well as get a “behind the curtain” view on life as a transactional biglaw associate. Throughout the course, students will gain experience as both buy-side and sell-side counsel using various assignments and exercises as part of a mock semester-long transaction. Students will represent their client(s) from the transaction’s earliest stages through signing. Through the lens of the transaction, we will focus on understanding and manifesting the client’s business objectives, performing and communicating the findings of due diligence, drafting and revising documents and honing the soft skills (such as internal and external client communication and appropriate time and deadline management) that are necessary for a student to become a successful junior associate. During the semester, students will interact with practicing attorneys and mock clients in-person and via teleconference to walk through documents and receive feedback, which they will use to revise documents or modify their approach to various issues, much as associates do every day in firms.

Transactional Practice Skills: Doing Deals introduces students to the skills that lawyers—in particular, junior lawyers—will need in transactional practice in a modern “biglaw” firm. In this course, students will experience critical aspects of what it is like to be a junior associate on a transactional “deal team” as well as get a “behind the curtain” view on life as a transactional biglaw associate. Throughout the course, students will gain experience as both buy-side and sell-side counsel using various assignments and exercises as part of a mock semester-long transaction. Students will represent their client(s) from the transaction’s earliest stages through signing. Through the lens of the transaction, we will focus on understanding and manifesting the client’s business objectives, performing and communicating the findings of due diligence, drafting and revising documents and honing the soft skills (such as internal and external client communication and appropriate time and deadline management) that are necessary for a student to become a successful junior associate. During the semester, students will interact with practicing attorneys and mock clients in-person and via teleconference to walk through documents and receive feedback, which they will use to revise documents or modify their approach to various issues, much as associates do every day in firms.

This course will be taught entirely online via Zoom.

Transactional Practice Skills: Doing Deals introduces students to the skills that lawyers—in particular, junior lawyers—will need in transactional practice in a modern “biglaw” firm. In this course, students will experience critical aspects of what it is like to be a junior associate on a transactional “deal team” as well as get a “behind the curtain” view on life as a transactional biglaw associate. Throughout the course, students will gain experience as both buy-side and sell-side counsel using various assignments and exercises as part of a mock semester-long transaction. Students will represent their client(s) from the transaction’s earliest stages through signing. Through the lens of the transaction, we will focus on understanding and manifesting the client’s business objectives, performing and communicating the findings of due diligence, drafting and revising documents and honing the soft skills (such as internal and external client communication and appropriate time and deadline management) that are necessary for a student to become a successful junior associate. During the semester, students will interact with practicing attorneys and mock clients in-person and via teleconference to walk through documents and receive feedback, which they will use to revise documents or modify their approach to various issues, much as associates do every day in firms.

Transactional Practice Skills: Doing Deals introduces students to the skills that lawyers—in particular, junior lawyers—will need in transactional practice in a modern “biglaw” firm. In this course, students will experience critical aspects of what it is like to be a junior associate on a transactional “deal team” as well as get a “behind the curtain” view on life as a transactional biglaw associate. Throughout the course, students will gain experience as both buy-side and sell-side counsel using various assignments and exercises as part of a mock semester-long transaction. Students will represent their client(s) from the transaction’s earliest stages through signing. Through the lens of the transaction, we will focus on understanding and manifesting the client’s business objectives, performing and communicating the findings of due diligence, drafting and revising documents and honing the soft skills (such as internal and external client communication and appropriate time and deadline management) that are necessary for a student to become a successful junior associate. During the semester, students will interact with practicing attorneys and mock clients in-person and via teleconference to walk through documents and receive feedback, which they will use to revise documents or modify their approach to various issues, much as associates do every day in firms.

This course focuses on real contracts with real risks.  During Part I of the course, homework will be due twice weekly.  During Part II and Part III of the course, homework will be due weekly.  There will be a mid-term writing assignment (ungraded).  I may periodically review your homework assignments.

We will study a guaranty, a promissory note and a deed of trust.  These agreements are commonly used for financing.  A prominent local law firm has provided materials for our use in class.  We will also study a merger agreement, an asset acquisition agreement and a joint venture agreement.  The merger, joint venture and asset acquisition agreement were prepared by committees of the American Bar Association.  We will also study a confidentiality agreement, non-compete agreement, a waiver of liability and several other commonly used agreements.  Finally, we will study an intellectual property license. 

Many of these documents are lengthy.  We will study them in detail, particularly the liabilities in each agreement.  This course could also be called "everything you always wanted to know about commercial liabilities, but were afraid to ask."  However, we do not study commercial terms, such as profit.  

Prerequisite: First year torts and first year contracts.  

This course focuses on real contracts with real risks.  During the course we will study a guaranty, a promissory note, a deed of trust and an assignment.  These are commonly used agreements in financing.  A prominent local law firm has provided these materials for our use in class.  We will also study a merger agreement, an asset acquisition agreement and a joint venture agreement.  The merger, joint venture and asset acquisition agreement were prepared by committees of the American Bar Association  ("ABA").  We will also study a confidentiality agreement, non-compete agreement, a waiver of liability and several other commonly used agreements.  Finally, we will study an intellectual property license.  

This course highlights the liabilities in each agreement.  This course could also be called "everything you always wanted to know about commercial liabilities, but were afraid to ask."  However, we do not study commercial terms, such as profit.   

Prerequisite: First year torts and first year contracts.   Business Associations will also be helpful, but is not a prerequisite. 

Please note, the three documents provided by the ABA are over 750 pages long total.  These three documents are usually well-represented on the final exam.  The ABA documents are also heavily commented by the drafters.  In addition to the ABA documents, we study several other documents that are lengthy and dense.  So, it is important that you come to each class well-prepared.  

This course focuses on real contracts with real risks.  During the course will study a guaranty, a promissory note and a deed of trust.  These agreements are commonly used for financing.  A prominent local law firm has provided materials for our use in class.  We will also study a merger agreement, an asset acquisition agreement and a joint venture agreement.  The merger, joint venture and asset acquisition agreement were prepared by committees of the American Bar Association.  We will also study a confidentiality agreement, non-compete agreement, a waiver of liability and several other commonly used agreements.  Finally, we will study an intellectual property license.  Many of these documents are lengthy.  We will study them in detail, particularly the liabilities in each agreement. 

This course does not focus on commercial matters, such as profit/loss.  

Prerequisite: First year torts and first year contracts.  

This course focuses on real contracts with real risks.  During the course will study a guaranty, a promissory note and a deed of trust.  These agreements are commonly used for financing.  A prominent local law firm has provided materials for our use in class.  We will also study a merger agreement, an asset acquisition agreement and a joint venture agreement.  The merger, joint venture and asset acquisition agreement were prepared by committees of the American Bar Association.  We will also study a confidentiality agreement, non-compete agreement, a waiver of liability and several other commonly used agreements.  Finally, we will study an intellectual property license.  This course highlights the liabilities in each agreement.  

Prerequisite: First year torts and first year contracts.  

Transactions focuses on real contracts with real risks.  During the course will study a guaranty, a promissory note and a deed of trust.  We will also study a merger agreement, an asset acquisition agreement and a joint venture agreement.  Time permitting, we will also study a confidentiality agreement, non-compete agreement, a waiver of liability and several other commonly used agreements.  This course includes a significant writing component.  

Prerequisite: First year torts and first year contracts.  

Transactions focuses on real contracts with real risks.  We will study a guaranty, a promissory note and a deed of trust.  In the second half of the course, we will study a merger agreement, a joint venture agreement and an asset acquisition agreement.  Time permitting, we may also review several articles from current headlines ("ripped from the headlines.")  We will also consider negotiations, with a particular emphasis on the importance of statements made during negotiations. 

Prerequisites: first year torts and first year contracts.  

Transactions will focus on real contracts with real risks including a guaranty, a promissory note and a deed of trust.  We will also review a merger agreement and an asset acquisition agreement.  Time permitting, we will also review a joint venture agreement.

Prerequisite: First year Torts and first year Contracts.  

This course is about real contracts with real risks and how to mitigate those risks.  We will study agreements related to financing, including a guaranty, a note, and a deed of trust.  We will also study a merger agreement, a joint venture agreement and perhaps a purchase agreement.  Finally, we will also study major cases related to contract formation.  Time permitting, we may also study material taken from current articles in the media.  

 Prerequisite: first year torts and contracts.  

Transactions will focus on real contracts with real risks including a guaranty, a promissory note and a deed of trust.  We will also review a merger agreement and an asset acquisition agreement.  Time permitting, we will also review a joint venture agreement.

Prerequisite: First year Torts and first year Contracts.  

This course will be taught entirely online via Zoom.

Transactions will focus on real contracts with real risks including a guaranty, a promissory note and a deed of trust.  We will also review a merger agreement and an asset acquisition agreement.  Time permitting, we will also review a joint venture agreement.

Prerequisite: First year Torts and first year Contracts.  

We will include We will discuss real contracts with real risks. A guaranty, a note and a deed of trust will be carefully reviewed.  We will also review a merger agreement and an asset acquisition agreement.  Time permitting, we will review a share purchase agreement and a joint venture agreement.

Prerequisite: Law 421 or Law 521 Contracts

This course will be taught entirely online via Zoom.

This course surveys environmental law in the United States from its roots in the common law, to the explosion of legislation and regulation that emerged in the 1970's, and through to regulatory efforts to address climate change today. Beyond giving students a solid foundation in navigating the major laws that govern protection of the environment and public health, the course will introduce students to the regulatory state. We will examine the ways in which courts, Congress, and agencies sometimes work together and sometimes act at cross purposes in developing and implementing environmental policies. The course will also consider the disparate perspectives that inform environmental programs--ethical values, economics, and science--and how conflicts between them can lead to surprising compromises in statutory and regulatory outcomes. The course surveys four major pollution statutes, with a particular emphasis on laws regulating air and water pollution and the laws governing the commercial use and remediation of hazardous substances. The course casebook incorporates regular discussion problems and will be supplemented by four required quizzes scheduled during the semester. Students completing this course will be well-positioned to take one or more advanced environmental law courses; although, it is not a prerequisite for enrollment in any of them.