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Summer CLE Week XXXI

May 31 – June 12, 2010

Register now for Summer CLE 2010!

Online Registration is available now!

73 CLE credits applied for including 6.0 Ethics and 2.0 Bias.

For more information: (web) www.law.umn.edu/cle/, (email) LSCLE@umn.edu, or 612-625-6674

SuperPass! Super Programs! Super Savings!
$225 per seminar or Use the SuperPass and save! Take up to 7 courses with the SuperPass (excluding Krogh on 6/12) for only $795! SuperPass users can add the highly-regarded Krogh program for only an additional $125! All courses are designed to provide practical information you can use in your practice or thought provoking analysis of issues affecting society.

Parking is available in Lot 86 immediately adjacent to the law Center or local ramps. For directions and campus parking information, click here. Additional municipal parking is also available in the Holiday Inn Metrodome parking garage, a five-minute walk from the Law School.


Edward S. Adams

Monday, May 31, 2010
Professor Edward S. Adams
University of Minnesota Law School
6.5 General credits (event code 143501)

Accounting and Finance for Lawyers


Cash and Accrual Accounting. Materiality. Financial Ratio Analysis. Net Present Value. Discounted Cash Flow Analysis. The Capital Asset Pricing Model. The Efficient Markets Hypothesis. Are you familiar with these terms? Do you understand these concepts? Can you communicate with others using these terms? Do you understand accounting and financial concepts utilized by and central to your clients? Do you believe you might be a more valued attorney to your clients if you did? This course provides you with an overview of accounting and finance from the perspective of the practicing attorney. Among other things, this course will teach you how to:

  • Understand basic accounting principles;
  • Read an annual report and analyze financial statements;
  • Look beyond mere numbers to gauge the real financial performance and strength of a an entity; and
  • Employ cash flow analysis to value a business or determine the potential financial rewards of an investment opportunity.
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    Kristin E. Hickman

    Tuesday, June 1, 2010
    Professor Kristin E. Hickman
    University of Minnesota Law School
    6.5 General credits (event code 143503)

    Administrative Law Review and Update


    As they focus on statutory and regulatory substance, regulatory lawyers often lose sight of broader administrative law issues that may be relevant in representing clients before federal administrative agencies and subsequently in litigation challenging federal government action. This one-day CLE program offers a brief survey and review of administrative law doctrine as well as a primer on recent U.S. Supreme Court and appellate court decisions concerning administrative law issues.

     


    Daniel J. Gifford

    Wednesday, June 2, 2010
    Professor Daniel J. Gifford
    University of Minnesota Law School
    6.5 General credits (event code 143505)

    Understanding the Current State of the Law in Trademarks, Copyright and Related Areas of Intellectual Property


    This course will review developments in trademark, copyright, and related areas of intellectual property. Illustrative of the topics to be covered are:

     

    • Trademark Protection, Infringement, Dilution, including:
    • impact of Moseley v. V. Secret Catalogue, 537 U.S. 418 (2003); revised federal dilution law; Minnesota Anti-dilution law; and Dastar Corp. v. Twentieth Century Fox Film Corp., 539 U.S. 23 (2003) involving the relation of the trademark law to copyright law.
    • Trade Dress, design protection issues.
    • Internet Domain Names and the Anticybersquating Consumer Protection Act.
    • Copyright generally, including its scope and limitations.
    • Fair Use Analysis.
    • Moral Rights, incorporated into U.S. law pursuant to the Berne convention.
    • Software Protection under copyright law and its limitations.
    • Contractual Provisions for Copyright Owners under shrinkwrap and similar licenses.
    • Copyright Misuse doctrine, its reach and evolution.
    • The Google Settlement.
    • The Antitrust/Copyright Interface, which has gained widespread attention.
    • The digital challenge to the copyright paradigm.
    • Trade Secrets.
    • Rights of Publicity.

     

    In reviewing recent developments, the course will tie recent developments to the basic cores of trademark, copyright, and related laws. The course is designed to provide assistance to practitioners with, and without, prior experience in intellectual property.

     


    Oren Gross

    Thursday, June 3, 2010
    Professor Oren Gross
    University of Minnesota Law School
    6.5 General credits (event code 143507)

    Contracts for the International Sale of Goods


    The United Nations Convention on Contracts for the International Sale of Goods ("CISG") is an international code that attempts to harmonize and standardize substantive contract law pertaining to international sale of goods transactions. Significantly, CISG is a self-executing treaty which creates a private right of action to individuals and firms before courts in the United States. Moreover, when applicable, CISG supersedes state law and specifically the Uniform Commercial Code. Unfortunately, despite the growing use of CISG in international transactions due both to more countries becoming Contracting States and individual parties adopting CISG as the law that governs their contractual relations, few law school courses deal with this significant source of law. However, in the modern globalized market, lawyers cannot afford unfamiliarity with CISG and its unique principles and rules.

    This seminar will discuss, among other things, the following issues:

     

    • The scope of application of CISG
    • Opting-out of and into CISG
    • CISG's general principles (e.g., good faith)
    • Contract formation (rules of offer and acceptance; battle of the forms)
    • Contract formalities
    • Obligations of the parties
    • Breach of contract issues
    • Remedies
    • Excused performance

     

     


    Claire A. Hill

    Friday, June 4, 2010
    Professor Claire A. Hill
    University of Minnesota Law School
    6.5 General credits (event code 143509)

    New Perspectives on Liability and Responsibility In the Wake of the Financial Crisis


    Many people behaved badly in the financial crisis. Which ones are liable, and on what theories? Which ones should be liable? Some of the "bad actors" lost their jobs; others have thrived, taking home very large pay packages even as the country still reels from high unemployment, reduced consumer spending, reduced lending to businesses as well as consumers, stagnant or falling real estate prices, and budget shortfalls at all levels of government. Was the financial crisis caused by a failure of regulation? Of corporate governance? This course explores the roles of the major private actors in the crisis—mortgage originators and brokers, lawyers, investment bankers, rating agencies, money managers, and others. It considers what theories of liability have been successful and are apt to be successful. It considers as well whether the crisis will, or should, provide an impetus for more activism by shareholders, and more oversight by directors. Finally, this course considers broader implications, including in areas such as executive compensation and even limited liability itself.

     


    Carl M. Warren

    Saturday, June 5, 2010
    Professor Carl M. Warren
    University of Minnesota Law School
    3.0 Ethics credits (a.m., event code 143510)
    2.0 Elimination of Bias credits (p.m., event code 143515)

    (a.m.) Ethical Implications of Representing Individuals with Mental Disabilities

    This course will explore the appropriate role of an attorney when the ideal attorney/client relationship envisioned by the Rules of Professional Conduct cannot be achieved due to a mental disability affecting the client that was either known or unknown to the attorney at the time they were retained. We will review pertinent rules and decisions and seek to discern, through analysis of hypotheticals, the requirements, options and opportunities faced by attorneys who find themselves in this situation.

    (p.m.) Overcoming Internal and External Bias in Representing Individuals with Mental Disabilities

    This course will explore the impact of stereotypes and prejudice on the ability of individuals with mental disabilities to obtain effective representation and achieve fair treatment in the justice system. We will discuss the need for attorneys to provide such representation, their appropriate role and how to deal with bias, both internal and external, that could affect the representation and outcome.


    Dale Carpenter

    Monday, June 7, 2010
    Professor Dale Carpenter
    University of Minnesota Law School
    6.5 General credits (event code 143516)

    The Constitution in a Conservative Court: Two Decades and Counting


    This CLE will cover many of the major substantive developments in constitutional law (except criminal law and procedure) during the period 1988-present. It will consider developments in judicial power, congressional power, executive power (including executive power in wartime), the dormant commerce clause, substantive due process, equal protection, free speech, and religion.


    Thomas F. Cotter

    Tuesday, June 8, 2010
    Professor Thomas F. Cotter
    University of Minnesota Law School
    6.5 General credits (event code 143517)

    Selected Topics in Unfair Competition and Business Torts


    This seminar provides an introduction to a body of law that is becoming increasingly important not only within the disciplines of intellectual property, antitrust, media law, and entertainment law, but also to general business and corporate practice as well. Broadly construed, the law of unfair competition encompasses not only the relatively well-known fields of trademark and trade secret law, but also a variety of miscellaneous doctrines with which lawyers and judges often have much less familiarity. Claims arising under these latter doctrines nevertheless are becoming more and more common, either as independent bases for litigation or as additional or pendent claims in IP, antitrust, or commercial litigation.

    This seminar will focus on some of these latter doctrines, including the law of false advertising and product disparagement at common law, under the federal Lanham Act, the Federal Trade Commission Act, and state ‘baby FTC’ Acts; the law of tortious interference with contract and with prospective business relations; the right of publicity and related doctrines, including the law of false endorsement; and the ongoing tension between First Amendment and unfair competition law. Participants will come away with a good working knowledge of how these doctrines work and how they are distinct from trademark, antitrust, consumer protection, and other related bodies of law.


    Brian H. Bix

    Wednesday, June 9, 2010
    Professor Brian H. Bix
    University of Minnesota Law School
    6.5 General credits (event code 143518)

    Hot Topics in Contracts and Commercial Law


    This CLE seminar will cover some of the most important and most interesting recent developments in contract and commercial law. These will include the evolving rules of electronic contracting, the changes of revised UCC articles 1 & 2, and the international rules and principles of the CISG and the UNIDROIT Principles.


    Richard W. Painter

    Thursday, June 10, 2010
    Professor Richard W. Painter
    University of Minnesota Law School
    6.5 General credits (event code 143519)

    Securities Litigation in the Post-Meltdown World


    This course addresses recent developments in private securities litigation, SEC enforcement actions and criminal proceedings under the federal securities laws as well as civil suits and attorney general enforcement actions under state securities laws. We will discuss recent cases before the Supreme Court and courts of appeals addressing issues such as civil liability for conspiracy to violate the securities laws, the pleading standards required for civil suits, the transnational jurisdictional reach of the United States securities laws, and criminal liability of corporate officers for "theft of honest services." Other topics of discussion will be strategies plaintiffs' lawyers use to file securities claims on behalf of employee stock ownership plans under the Employee Retirement Income Security Act (ERISA) instead of under the securities laws, and recent developments in insider trading law, including recent insider trading prosecutions.


    Prentiss Cox

    Friday, June 11, 2010
    Professor Prentiss Cox
    University of Minnesota Law School
    6.5 General credits (event code 143521)

    Consumer Financial Services Regulation: Updates from a Rapidly Changing World


    Regulation of consumer financial products has gone from a sleepy backwater of commerce and law to the top of the news. President Obama has made regulatory reform in this area, especially creation of an independent Consumer Financial Protection Agency, a priority of his Administration this year. This seminar will examine the competing proposals for new regulatory authority over consumer financial products and providers of those services. It may be change you can believe in or it may be change you can’t believe or it may be not much change at all, but the debate will highlight the opportunities and pitfalls for companies, regulators and litigators in this area of law. The seminar will focus on the regulatory environment for origination of consumer financial products rather than regulation of the securities markets and corporate governance matters.


    Egil

    Saturday, June 12, 2010
    Egil "Bud" Krogh
    Center for the Study of the Presidency and Congress
    3.0 Ethics credits have been requested

    Integrity: Good People, Bad Choices and Life Lessons from the White House


    Introduction

    • The Day Elvis Met Nixon — Hidden ethical traps in personal loyalty
    • The Integrity Zone model

    The Fall—Rule 8 Run Amuck

    • White House career
    • Hot dogs, crime in D.C. and Judge Harold Carswell
    • Dr. Daniel Ellsberg and the White House Plumbers—Were we, as lawyers, competent for our task?
    • Pleading guilty to a felony: 18 USC 241 — Deprivation of Rights of Citizens
    • Watergate — lawyers disciplined
    • Groupthink, peer pressure, unquestioned obedience to authority, misplaced loyalties, vanity (hubris and pride), ignorance and other threats to integrity
    • National security? The ultimate conflict of interest
    • The Williamsburg epiphany

    Paying the Price—Seven-year Attorney Discipline Case, In Re Krogh

    • We Shall Prevail - William L. Dwyer, Esq.
    • 60 Minutes: Mike Wallace and Krogh
    • Challenges in jail: Feb. 5, 1974 - June 15, 1974 . . . on to DisneyWorld

    Legal Representation and Redemption

    • William L. Dwyer, Esq.
    • In re Krogh, 85 Wn.2d 462 (1975) and In re Krogh, 95 Wn.2d 504, 610 P.2d 1319 (1980)
    • The right to a private hearing doesn’t mean a private hearing is right
    • Lessons from the reinstatement process and making amends

    Lessons for Professionals Today

    • Honoring professional oaths and integrity in action
    • IPSE DIXIT—How the world looks to a federal judge

     

     
    Summer CLE Brochure

    Download Brochure (PDF, 3 MB)