Legal Programs (LEGL1-CE)

Professionals in every field require the skills to handle conflict, solve disputes, influence decisions, and smooth interpersonal relationships. Through discussion, readings, and simulation, gain an overview of the tools and techniques available to manage conflict and to resolve disputes. Methods of negotiation, mediation, and arbitration are all covered in this course.

Explore the theory, skills, and limits of the negotiation process. Course content is grounded in a variety of disciplines that, when applied, lead to mutually beneficial outcomes. Learn the practical application of negotiation methodologies through readings, discussions, and role-playing exercises.

Examine the theory, skills, and boundaries of the mediation process. Analyze the role of third-party intervention in the resolution of conflicts, focusing on the mediator as facilitator. Ethical, practical, and legal constraints are addressed. Role-playing exercises are used to develop skills such as facilitating communication and establishing procedural ground rules.

Learn the practical skills to resolve cases through facilitative mediation. Gain experience with developing opening statements, setting agendas, posing questions, reframing, reflecting, summarizing, and many more critical skills. Each class session includes discussion, critique with peers, critique with a mediation coach, skill-building, and the mediation of cases.

Gain the advanced knowledge and practical skills to improve your abilities as a mediator. Topics include verbal and nonverbal communication, active listening, reframing, questioning, setting agendas, caucusing, and managing emotions. Hone your skills through discussion, in-depth role-playing, and constructive critiquing.

Learn to differentiate among the types of intellectual property protection. Understand the basic principles of patent law and trade secrets, including what is and what is not patentable, the scope of protection afforded by patents, and the different types of patents available. Topics include pursuing a patent from the US Patent and Trademark Office; defenses to and remedies for patent infringement, including patent invalidity; patent licensing; pursuit of patent protection outside the United States; and the benefits of filing an international patent application under the Patent Cooperation Treaty.

This course offers a more detailed examination of the patent drafting and prosecution/procurement process than offered in <i>Patent Law and Trade Secrets</i>. In particular, it emphasizes the issues that arise in patenting computer software/business methods, biotechnology (including living organisms), and pharmaceutical inventions. Although issues are introduced and analyzed primarily from a legal perspective, business and economic considerations, domestic and international social and political controversies, and other issues that can arise with such patents are also discussed.

This course provides an overview of intellectual property (IP) rights, such as patent, copyright, trademark, right of publicity, and trade secret. Throughout the course, students learn about the scope of specific IP rights implicated by various real-world and hypothetical contexts, evaluate the business risks associated with those examples, gain an understanding of critical components of an IP license, and discuss the intersection of IP and software.

Examine basic legal concepts relevant to the protection of works of authorship under copyright law. Basic questions with regard to subject matter, substantive requirements, and procedures for protection are discussed. Other topics include ownership, transfers, duration, renewal, and termination of transfers. Additional emphasis is on infringement actions, remedies, preemption and related bodies of law, and digital technology copyright protection.

In this introduction to key concepts of trademark law, the significance of legal terms, such as <em>arbitrary, fanciful, suggestive,</em> and <em>descriptive,</em> are explained. Other topics include trade dress, surnames, and unfair competition; acquisition and registration of trademarks; infringement; dilution; product passing-off; false advertising and misappropriation; unregistered marks; remedies; and Internet issues in trademark law.

Explore the emerging rules of international intellectual property law. Topics include the most important international treaties, including the Madrid Protocol, the Paris Convention, and the Berne Convention; the impact of the Agreement on Trade-Related Aspects of Intellectual Property Rights; and the problems created by differences in basic rules protecting intellectual property in countries around the world. A central question in the course is whether, and to what extent, greater harmony in standards and effective use of the World Trade Organization&rsquo;s dispute settlement process can enhance the protection of intellectual property in the international arena.

Each year, billions of dollars change hands in licensing deals around the world. Licensing influences every industry and sector, affecting everything from software and technology to designer brand names and sports franchises. This course focuses on licensing agreements in a variety of industries and covers such topics as trademark licenses and business franchises; merchandising agreements; manufacturing and distribution agreements; music copyright licensing for TV commercials, video games, and ring tones; adaptation rights; broadcasting; rights of publicity; and character licensing.

Acquire an intensive introduction to US law, legal systems, and methodologies as well as the nature of legal education, sources of law, and legal writing. Topics include American Federalism; separation of powers and judicial structure; the US mixed system of statutes, regulations, common law, and constitutional law; the hierarchy of sources of law; the synthesis of law sources; legal research; the judicial process and the doctrine of stare decisis; overruling precedent, holding, rationale, and dictum; proper ways of writing a legal memorandum, memo, and client letter; the legislative process; and issues of statutory interpretation.

Gain an overview of the substantive law that governs the legal relationships between private parties. The course focuses heavily on the law of torts (intentional torts, negligence, malpractice, strict liability, and product liability) and property (individual and concurrent ownership of property, acquisition of property, real estate sales/purchases, title, recording, and transfers of assets during lifetime and upon death). This course also provides a brief introduction to contracts and business organizations, which are covered more thoroughly in <em><a href="https://www.sps.nyu.edu/professional-pathways/courses/legl1-ce8804" target="_blank">Fundamentals of Business Law/LEGL1-CE8804</a>.</em> As a class, we visit the New York City Small Claims Court to observe actual litigated matters between private parties.

This introduction to the basic principles of US public law considers constitutional law as developed by the US Supreme Court, from its first cases through recent decisions. The course focuses on developments in public law, such as the standards of due process, both substantive and procedural; civil rights; discrimination; the role of religion in public places; equal protection; the right to counsel; and the &ldquo;war on terror.&rdquo; Issues are addressed through extensive reading of Supreme Court decisions.

Fundamental knowledge of the tenets of business law is essential for anyone contemplating a career in business. This course provides a solid foundation in the concepts of business law by exploring the Uniform Commercial Code with particular emphasis on contracts for the sale of goods&mdash;including warranties and product liability&mdash;as well as the law of negotiable instruments, including drafts, trade acceptances, checks, and promissory notes. Also covered are the important common law principles of contract law, including agreement, consideration, capacity, legality, defenses to contract enforceability, third-party rights, breach, and remedies. Covenants not to compete in employment contracts and in the sale of an ongoing business are explored. Forms of business organization such as sole proprietorships, partnerships, corporations, and limited liability companies are reviewed, and the advantages and disadvantages of each form are discussed. The constitutional environment of business as set forth in the Commerce Clause&mdash;Article 1, Section 8 of the US Constitution&mdash;and the expansion of federal regulatory power as interpreted by US Supreme Court decisions are analyzed.

The management of international business is the management of risk. This course emphasizes both private and public international law, with particular focus on leading court decisions that illustrate the rule of law. Additional topics covered include differences in national laws and legal systems; national lawmaking powers and the regulation of US trade; regulation of import competition and unfair trade, including antidumping; resolution of international commercial disputes, including litigation and enforcement of foreign judgments; US export control laws and export licensing; import, customs, and tariff law; GATT law and the WTO; and NAFTA rules of origin.

Gain a comprehensive understanding of the law and the methodology that surround disclosure and discovery in the civil litigation of information in electronic form. Examine the legal requirements, terms, and parameters of e-discovery.

Designed for employees, managers, human resource professionals, paralegals, attorneys, and others who wish to understand their rights and obligations under the antidiscrimination statutes, this course covers two categories of employment discrimination law (disparate treatment and adverse impact); the major federal, New York State, and New York City antidiscrimination laws; sexual harassment and other forms of harassment in the workplace; legal protections against sexual orientation and gender identity discrimination; prohibitions against retaliation; voluntary and mandatory affirmative action programs; and administrative enforcement procedures.

Recent regulatory changes, such as the Sarbanes-Oxley Act of 2002, have had a major impact on the way corporations are governed. This two-day seminar focuses on corporate governance issues, as well as ethics and financial reporting. Topics include corporate structure and policy statements, including issues related to a CEO, CFO, and an audit committee; delegation of authority and responsibilities among boards of directors, officers, and management; fiduciary responsibilities of the company's directors, management, and employees; protection for whistleblowers; the reporting and disclosure requirements of the Sarbanes-Oxley Act; and the role of the newly created Public Company Accounting Oversight Board.

Following <i>Corporate Governance Workshop: The Fundamentals</i>, this course reflects the globalization of business and the evolution of standardized principles of corporate transparency. Topics include the role of the International Monetary Fund and World Bank in fostering international norms; exceptions to those norms and the resulting ability of global entities to engage in regulatory arbitrage; the push toward international convergence of accounting, financial reporting, and auditing standards; and the extent of de facto global adoption of U.S. governance principles.

Explore all elements of how to respond to formal and informal government investigations. The course covers Department of Justice investigatory techniques and managing prosecutors' expectations, focusing on conducting an effective internal investigation, the rules for implementing a legal hold, and the role of outside counsel. Key topics include the work product privilege; deferred prosecution agreements; full and partial privilege waivers and the McNulty memo; investigating senior officers and directors; the role and responsibility of the board of directors; the General Counsel's conflicts of interests; and communications with investors and the media.

Foreign Corrupt Practices Act (FCPA) prosecutions are on the rise. In recent years, the Department of Justice and other investigators have dramatically increased their expenditure of resources in this area. Gain a comprehensive understanding of the FCPA, learn to develop and implement internal reporting and oversight structures to prevent violations, and find out how to respond in the event of a government investigation. Special emphasis is placed on new and emerging areas in which prosecutions are occurring or are likely to occur.

The breadth of transnational disputes has grown as the economy has become more global. The total number of international arbitrations is on the rise, and transnational litigation also is growing. As business relationships become more sophisticated and complex, business executives, lawyers, and other players in the business world must be able to quickly assess the impact of disputes and explore methods to resolve them. This course offers an overview of international arbitration and international litigation. Whether you&rsquo;re a business executive wanting to better communicate with your general counsel, a lawyer seeking to broaden your knowledge of international dispute resolution, or simply someone interested in how businesses resolve international disputes, this course will provide you with a solid understanding of the primary tools used in transnational dispute resolution. Each stage of a transnational business dispute&mdash;from the arbitration agreement through enforcement of an award or judgment&mdash;is explored and assessed in detail to equip you with a practical framework for thinking about transnational disputes and to provide you with the skills to assess when to litigate in US courts and when to seek arbitration.

Did you know that you do not need to be an attorney to write a legal pet trust that is valid in all 50 states? This course will clearly and simply address the many issues to consider when struggling to care for pets, whether after the pet owner&rsquo;s death or during periods of the owner&rsquo;s prolonged illness or absence. This class will take you through the various facets of continuing pet care, including pet trusts in microchips, the confluence of pet trusts and pet insurance, and the prevention of economic euthanasia. If your mission is to safeguard pets from becoming orphaned and to ensure that every animal is guaranteed a secure future, then this course will provide the legal and practical knowledge necessary to do so.

This intensive course provides an overview of the legal processes that occur when someone dies in New York State, and it outlines what people can do during their lifetime to plan appropriately. Gain an understanding of the important elements of a will; the various decisions to be made concerning healthcare, including healthcare proxies and living wills; and the selection of beneficiaries and executors. Examine the advantages and disadvantages to having a power of attorney. Also, discuss the distribution of a decedent&rsquo;s assets, the rights of surviving spouses and other family members upon the death of a decedent, and the rights of creditors of an estate. In addition, this course covers the Surrogate&rsquo;s Court, including the roles of the attorneys, the guardians ad litem, the public administrator, and the New York State attorney general. The transfer tax system also is discussed, including estate, gift, and generation-skipping transfer taxes. This course is beneficial to those studying law, financial planning, or accounting, as well as to individuals interested in the subject for personal reasons.

This course provides a basic overview of federal employment law, focusing on some of the most significant laws and legal principles that are utilized in today&rsquo;s workplace. Additionally, discuss recent changes to New York City and State laws that affect New York employers. The goal of this course is to provide supervisors, labor and employment mediators, arbitrators, and human resources professionals with knowledge that can be used to identify and handle potential legal issues that may arise between employers and employees. This course is intended to serve as an introduction for human resources professionals interested in expanding their existing knowledge about employment law, or as a refresher course for those who have experience in this area of law.

This course covers the legal issues affecting big data, data analytics, and data-driven business models. Specifically, review the intellectual property, contractual, and regulatory legal environments for data-driven businesses. For example, discuss under what circumstances intellectual property rights apply in the creation of data-driven businesses; what contractual models are appropriate; and what governmental regulations currently in play and on the horizon constrain, limit, or support these businesses.

In this seminar, taught by an experienced bankruptcy, foreclosure, and debt-settlement attorney, you will learn about the laws and resources available to help you manage, and often reduce, consumer debt obligations. Since the financial crisis of 2008, government agencies on both the local and federal levels have become much more aggressive in enforcing consumer rights as they relate to debt. You must know your rights, however, in order to take advantage of them. Credit card debt, student loan debt, credit repair, foreclosure, and bankruptcy will be among the topics covered. Course materials will include case histories; plain-language discussions of relevant statutes and court decisions; helpful, ready-to-use sample forms and letters; and contact information for free legal services and resources. Binders containing the information and resource material covered in class will be distributed.