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Summer CLE XXXIV

May 28 — June 8, 2013

Register now for Summer CLE 2013!

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$225 per seminar or use the SuperPass and save! Take up to 7 courses with the SuperPass for only $795! All courses are designed to provide practical information you can use in your practice or thought provoking analysis of issues affecting society.

For more information, email LSCLE@umn.edu, or call 612-625-6674.

Limited parking is available in Lot 86 immediately adjacent to the Law School. For directions and campus parking information, click here.

Summer CLE Programs
University of Minnesota Law School
229 - 19th Avenue South
Minneapolis, MN 55455

 


 

Tuesday, May 28, 2013
Selected Topics in Unfair Competition and Business Torts

Professor Thomas F. Cotter
University of Minnesota
Law School

8:30 a.m. - 4:30 p.m.

6.5 CLE credits have been requested
Event #177458

 

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 commercial 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.

 


 

 A. Hill

Wednesday, May 29, 2013
Mergers & Acquisitions: Where Are We? Where Are We Going?

Professor Claire A. Hill
University of Minnesota
Law School

8:30 a.m. - 4:30 p.m.

6.5 CLE credits have been requested
Event #177459

 

This CLE covers the recent history of mergers and acquisitions law, current developments, and trends for the future. It considers the debates over the present role of activist shareholders in acquisitions, proxy fights, and attempts to limit companies' takeover defenses, assessing whether the companies and shareholders as a whole are benefiting.

 


 

Thursday, May 30, 2013
The Constitution in a Conservative Court

Professor Dale Carpenter
University of Minnesota
Law School

8:30 a.m. - 4:30 p.m.

6.5 CLE credits have been requested
Event #177460

 

This CLE is on Constitutional Law developments in the past 25 years. It will survey the major substantive areas (excluding criminal law/procedure and the First Amendment) in constitutional law during the period 1988-present. It will include judicial power, congressional power, executive power (including executive power in wartime), substantive due process, equal protection, and other individual rights. It will also address some the current controversies on the Court's docket, including affirmative action and gay marriage. There will be an update on developments since June 2012.

 


 

Edward S. Adams

Friday, May 31, 2013
Accounting and Finance for Lawyers

Professor Edward S. Adams
University of Minnesota
Law School

8:30 a.m. - 4:30 p.m.

6.5 CLE credits have been requested
Event #177461

 

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.

 


 

Carl M. Warren

Saturday, June 1, 2013
(a.m.) Ethical Implications of Representing Individuals with Mental Disabilities
(p.m.) Overcoming External Bias in Representing Individuals with Mental Disabilities

Carl M. Warren
University of Minnesota
Law School

9:00 a.m. - 3:00 p.m.

3.0 ethics credits have been requested; Event #177462
2.0 bias credits have been requested; Event #177463

 

Session (Three Hours):

Ethical Implications of Representing Individuals with Mental Disabilities. In addition to a brief update concerning general developments in the area of legal ethics, 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.

Afternoon Session (Two Hours):

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.


 

 W. McGeveran

Monday, June 3, 2013
Primer in Data Privacy Law

Professor William McGeveran
University of Minnesota
Law School

8:30 a.m. - 4:30 p.m.

6.5 CLE credits have been requested
Event #177464

 

It is difficult to overstate the importance of personal data to nearly every modern enterprise, from customer relationship management to health care delivery to employee recruitment. As the collection and use of this information increases dramatically, a complex law of data privacy is emerging alongside it. Many clients need to understand this tangle of rules – and most of them don't.

This day-long session, aimed at lawyers who are not specialists in information or privacy law, canvasses the field. Topics will include:

  • Historical Origins of Data Privacy Law
  • Key Statutes and Regulations
  • Internet and Social Media Issues
  • Law Enforcement and National Security Issues
  • Special Considerations for Health, Financial, and Employment Data
  • International Privacy Law

 


 

Tuesday, June 4, 2013
Understanding Trademarks, Copyright and Related Areas of Intellectual Property

Professor Daniel J. Gifford
University of Minnesota
Law School

8:30 a.m.-4:30 p.m.

6.5 CLE credits have been requested
Event #177465

 

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: the 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 and its reach and evolution.
  • The failed Google Settlement
  • The Antitrust/Copyright Interface, which has gained widespread attention.
  • The digital challenge to the copyright paradigm.
  • Trade Secrets.
  • Rights of Publicity.

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.

 


 

 P. Cox

Wednesday, June 5, 2013
Searching for the New Normal in Legal Practice and Legal Education

Professor Prentiss Cox
University of Minnesota
Law School

8:30 a.m. - 4:30 p.m.

6.5 CLE credits have been requested
Event #177466

 

The last two years have seen the state of legal education move from a topic of discussion in a few insular circles to a series of front page articles in the New York Times and other prominent publications. Law school applications are plunging to levels last seen in the 1970s. These changes in legal education reflect in substantial part changes in legal practice. Law firms are evolving in response to the use of new technology and by shifting patterns in how corporations purchase legal services.

This CLE Seminar will examine these changes in three parts:

(1) Changes in Legal Practice-- this section will include the following: overall trends in legal employment, including the number and type of attorneys hired; a review of the new forms of legal service providers, with special emphasis on internet providers and aggregators as well as non-attorney legal services; and the disaggregation of legal service purchasing by the largest clients.

(2) Challenges Facing Legal Education—this section will include the following: examining the place of law schools in the world of legal practice; challenges to the traditional "business model" of law schools; and the critics of legal education, including the blogs, the internal critics and lawsuits against certain institutions.

(3) Changes in Legal Education—this section will focus on the curricular reforms that are currently being attempted in law schools, including the curricular changes at the University of Minnesota Law School.

 


 

Thursday, June 6, 2013
Hot Topics in Contract and Commercial Law

Professor Brian Bix
University of Minnesota
Law School

8:30 a.m. - 4:30 p.m.

6.5 CLE credits have been requested
Event #177468

 

This CLE program will offer a sample of some of the most important and controversial topics in current contract law and commercial law. Among the topics that will be explored are developments in the international sale of goods, mandatory arbitration, choice of law and choice of forum clauses, electronic contracting, and recent and proposed regulations by the Consumer Financial Protection Bureau.

 


 

Friday, June 7, 2013
Hot Topics in Energy Law

Professor Hari M. Osofsky
University of Minnesota
Law School

8:30 a.m.-4:30 p.m.

6.5 CLE credits have been requested
Event #177470

 

This Summer CLE will focus on hot topics in energy law, with an emphasis on the transitions currently taking place as a consequence of technological development and of efforts to respond to climate change. Part I will provide an overview of the dynamics among the physical, market, and regulatory elements of the energy system, including the federalism and governance challenges that emerge from these dynamics. The overview will also provide an introduction to the fragmented legal regime pertaining to sources of energy, electricity, and transportation. Parts II through IV of the Summer CLE will examine hot topics in these three major areas of energy law, providing an overview of the challenge, relevant law, and regulatory and governance innovation in each context. Part II will focus on sources of energy, considering the challenge of managing the risks related to rapidly evolving technology in the context of deepwater drilling and hydraulic fracturing. Part III will focus on electricity, exploring the challenge of upgrading the aging electricity grid and integrating renewables onto it, issues that have only become more salient in the aftermath of Superstorm Sandy; the discussion will include issues surrounding SmartGrid computerization, barriers to building new transmission lines, and market integration of renewables. Part IV will focus on transportation, specifically on the emergence of new regulations of motor vehicle greenhouse gas emissions and fuel efficiency under the Obama Administration. The Summer CLE will conclude with reflections on the challenges and possibilities of energy transition.

 


 

Saturday, June 8, 2013
Client Conflicts, Confidential Information, Up-the-Ladder Reporting, Professional Liability and Other Issues for Lawyers

Professor Richard W. Painter
University of Minnesota
Law School

8:30 a.m. - 4:30 p.m.

6.5 CLE credits have been requested including 5 ethics credits
Event #177472

This course covers many of the most frequently confronted ethics issues for lawyers working in law firms as well as lawyers working in house. The four most important categories of issues we will address are: (i) conflicts with current clients, former clients or a lawyer's prior government service, (ii) protection of the attorney client privilege and other confidential information, (iii) communication with a corporate client's senior managers and directors about law compliance, and (iv) liability exposure of lawyers and their firms in malpractice suits, administrative proceedings and other actions.

We will discuss how the ABA Model Rules of Professional Conduct, as well as the Minnesota Rules of Professional Conduct approach these issues. We will also discuss relevant areas of federal law, including the attorney-client privilege and waiver of the privilege, the Securities and Exchange Commission's rules of professional conduct for securities lawyers promulgated under the Sarbanes-Oxley Act of 2002, and recent developments in federal insider trading law that could require increased protection of confidential client information. Finally, we will discuss recent federal and state cases on the liability of lawyers and other professionals to clients, bankruptcy trustees of clients, investors and other parties.

This course will include at least 5 hours devoted to material that meets the criteria for professional responsibility/ethics credit in a CLE.