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LAW Global Litigation

Intellectual Property: Computer Software

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Intellectual Property
Computer Software

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LAW 749

Global Litigation

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Recommended for route(s):

[ Academia ] Intellectual Property: Computer Software

Why it is relevant for ...

[ Academia ] as a Related Elective for those interested in Litigation : Attorneys who represent multi-national companies increasingly have to manage the challenges posed by global litigation. This course looks at the substantive, procedural and practical issues that have recently faced lawyers in high-profile international cases, from oil and tobacco cases to software and pharma litigation. This seminar offers useful tips and perspectives for future business lawyers who are more and more likely to serve clients facing disputes with trans-national impacts.

General course Description:

A securities class action is resolved in the NJ federal court for US investors and in the Amsterdam Court of Appeals for all other investors world-wide. Apple sues Samsung for patent infringement in N.D. CA and Samsung counter-sues in Korea, Japan and Germany. Merck is sued for injuries arising from its prescription drug, Vioxx, in the U.S., Canada and Australia, and the Australian lawyers are directed to challenge an otherwise unproblematic judicial ruling because of its possible impact on the U.S. litigation; meanwhile class certification is denied in the U.S. but granted in Canada. Philip Morris' Hong Kong subsidiary files a claim in an international arbitration tribunal charging that Australia's public health protection statute regarding tobacco marketing violates Australia's bi-lateral investment treaty with Hong Kong. Lawyers who received a $9 billion judgment from Ecuadorian courts against Chevron for environmental damage fight to enforce it in courts in Argentina, Brazil and Canada while Chevron's lawyers file a RICO suit against the plaintiff lawyer in the federal court for the N.Y.S.D. With the globalization of the economy we are seeing the globalization of litigation and the emergence of a new class of "global lawyers" who advise clients on litigation risks and opportunities in jurisdictions with different substantive law, procedural rules and legal and judicial cultures. This seminar will consider the doctrinal, procedural and practical challenges that arise when litigation goes global. We will consider the high profile cases in which these issues have played out in recent years and meet some of the lawyers who are creating a new virtual international court system for the resolution of global disputes. Special Instructions: Students in this course may if they wish also register for a 1-credit course on comparative class actions (Law 748), which will be taught collaboratively with faculty and students in U. Windsor (Ontario) and Tilburg University (the Netherlands). Elements used in grading: Class Participation, Attendance, Final Paper.

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