Study

This class offers an introduction to the law of trademark and unfair competition. Whether or not students intend to specialize in trademark law, a basic understanding of its rules will better enable them to advise clients who wish to protect their own marks, as well as those facing claims that they have infringed someone else’s mark. No technical background is needed. Trademarks include brand names and logos, and can also extend to other features that identify the source of a product for its consumers – including colors, packaging, and design – when they meet certain requirements. The course will begin with the requirements for obtaining trademark protection: distinctiveness, use in commerce, special rules for trade dress, and various bars to protection such as genericity and functionality. It will then cover confusion-based trademark infringement, secondary liability, anti-dilution, statutory and common law defenses, false advertising, and cybersquatting. Could a Utah theme park called “Evermore” stop Taylor Swift from calling her album “Evermore”? Did Lil Nas X’s Satan shoes infringe Nike’s trademarks? With the proliferation of craft brews, are we running out of brand names for beer, particularly pun-based “hoptions”? The course will address these and other pressing questions.

In an age where nearly every organization collects and uses data, lawyers must be data-savvy. Modern data challenges ask clients to navigate legal, technical, and mission considerations, often all at once. Machine learning and artificial intelligence add still more questions, even as organizations race to realize data’s potential.

This course focuses on data governance: how organizations and communities make decisions about data, code, and their missions, and the wide-ranging impact of those decisions. Students will learn about three foundational data governance models: how companies protect and manage access to data; how data is shared and reused for research purposes; and how public datasets are assembled and managed. The course will feature simulations and interactive exercises to help students apply these models and skills to real-world scenarios.

At the end of the class, students will gain an understanding of how the law defines and regulates data, and how regulatory frameworks for data differ from field to field. They will also gain foundational knowledge in organizational and multi-stakeholder governance, and how good governance principles might apply to data. Finally, they will gain experience designing and applying governance models for organizations and multi-stakeholder collaborations.

No technical background is necessary to take this class. The first few weeks will include an introduction to data, databases, and governance best practices. 

Artificial intelligence is on a tremendous growth trajectory and is being developed, adopted and used for many purposes throughout society.  From a legal and policy perspective, AI presents many interesting and complex issues because the technological developments have greatly outpaced the legal, ethical, and policy developments.  One of the important questions centers on what legal and policy frameworks and practices are appropriate to build an ecosystem of trust that will help ensure citizens and other stakeholders that artificial intelligence will benefit them and is being developed and deployed in an ethical, safe, reliable and responsible manner (the “Legal and Policy Framework Question”).  Policymakers and other stakeholders around the globe are grappling with this Legal and Policy Framework Question.  As the discussions unfold, organizations also are designing their own practices for operationalizing trustworthy or ethical artificial intelligence.

The goal of the seminar is to give students a foundation in the emerging AI laws and policies and insight on the broader process of how laws and policies need to adapt for significant technological changes.  This seminar will explore in detail several approaches currently being considered to answer the Legal and Policy Framework Question, including regulatory approaches, standards, soft law, and self-regulation. As the students study various approaches, they will be asked to consider several sub-questions, such as (a) how the AI legal and policy framework should be calibrated to address risk, (b) the extent to which the framework should be sector specific or apply across industries, (c) which frameworks enable society to capitalize on AI’s benefits and mitigate potential risks, and (d) what is the optimal level of cross-border harmonization and how best to achieve it.   The course also will explore certain other legal issues arising in connection with AI, such antitrust and competition law and intellectual property and proprietary rights matters.

This course will cover the dynamic and rapidly evolving legal field of cybersecurity and data breach response.  The course will focus on the workflow during the aftermath of any sort of data security incident, a rapidly growing legal practice area, where legal professionals have emerged as critical decision-makers. Every class will begin with a 15-20 minute discussion of current events.  The course will be broken up into two parts.   The first part of the course will cover the foundation of the legal aspects of data breach response, in the form of traditional discussion.  The second part of the course will involve a fictional fact pattern/simulation of a data security incident at a financial firm, with student teams conducting various tasks, with “real-life” outside legal experts playing various roles.  The tasks will include: intake; board briefing; law enforcement liaison; federal/state regulatory interphase; insurance company updates; and vendor/third party/employee briefings.

What does it take to thrive as a transactional attorney today and tomorrow? Future of Contracts aims to expose students to current issues in the digital transformation of legal services—e.g. harnessing data, facilitating operations and project management with design and technology, applying artificial intelligence to key functions, etc.—in order to help our approaches to transactional law and contracts practice be “future friendly.”

There is no question that a sea change is underway and that new are key forces for change. Legal professionals are increasingly turning to accessible and impactful technologies that help them achieve better outcomes and offer higher value through data-driven analytics and insights, higher efficiency and productivity, and greater and more equitable access. Students interested in preparing for tomorrow should be exposed to this world as much as possible.

With guest experts and current materials, the focus of all deliverables will be on realistic experiences of being a transactional attorney today and tomorrow. Graded work product will include a series of individual and team assessments—of legal tech companies, modern business challenges, and opportunities for greater access to justice.

Class will meet on a regular schedule except that one class will be canceled in order for students to take part in the Duke Center on Law & Technology’s Future of Contracts Design Derby. That will likely happen on Friday 23 February 2024. If registering, please calendar that date. (see story from 2023 Future of Contract Design Derby: https://law.duke.edu/news/students-seven-law-schools-participate-2023-future-contracts-design-derby/)

No textbook required.

This seminar introduces trade secrecy doctrine and examines the most important policy contexts in which trade secrecy are arising today. No background knowledge is required. However, students must be prepared to be quick studies of various areas of technology and law. Of the various U.S. intellectual property regimes, trade secrecy is perhaps the most doctrinally elusive. Historically a common law tort that also borrowed from property and contract, trade secrecy has become codified in state, federal, and international regimes. The codification of trade secrecy doctrine has coincided with increasing recognition that it is often the most important mechanism by which firms protect returns on innovation and/or business investment. Notably, trade secrecy (and secrecy more generally) is becoming increasingly important not only for private firms, but also for national and regional innovation and security strategies. This seminar begins with an introduction to the trade secret doctrinal canon (including a discussion of how trade secrecy intersects with patent, copyright, and data exclusivity protection). It then discusses empirical evidence on uses of trade secrecy. Next, it considers various policy contexts, ranging from cybercrime and data regulation to employment and public administration. The seminar concludes by examining frontier technology areas in which trade secrecy plays a prominent role. These include machine learning and biopharmaceutical manufacturing.

Patents, trademarks, copyrights, and trade secrets are the currency of an innovation economy. Each of these forms of intellectual property may be bought and sold, licensed, or used as security. How each is used will depend on the business context; the needs of a start-up company being far different from those of a multinational corporation. This course will focus on intellectual property transactions in various business contexts, including: maximizing value and assessing risks; using intellectual property in financing start-ups; protecting trade secrets; employment issues related to intellectual property; intellectual property licensing; and intellectual property in mergers, acquisitions and bankruptcy.