Course Descriptions

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Tax Litigation (LWTE565)

Instructor(s): Mistala Cullen

2 credit(s), Letter Graded
Concentration(s): Taxation (LLMUS), LLM in Taxation (LLMT), Taxation (MSLS)

This course provides a comprehensive review of prelitigation IRS administrative procedures, practical analysis in the selection of a choice of forum to litigate a federal tax dispute, pre-trial practice and case analysis, trial techniques and strategies when litigating a federal tax dispute before the U.S. Tax Court, and a review of refund litigation.

Tax Research (Remote via Zoom) (LWTE570)

Instructor(s): Michael Dallo

2 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Business and Corporate Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS), Taxation (LLMUS), LLM in Taxation (LLMT), Business and Corporate Law (MSLS), Taxation (MSLS)
Prerequisite(s): Tax I

Topics will include the merits of different tax systems (such as income and consumption taxes), questions of tax administration and legal complexity, the efficiency implications of taxation, and distributional implications. It will consider how well current legislation addresses these various issues and consider whether there are ways that they might be better addressed. Tax I is a prerequisite for this course; other tax courses, especially Corporate Tax, would be useful, but are not required. This courses fullfills the written work requirement. 

Taxation of Financial Instruments (LWTE557)

Instructor(s): Beth Wapner

2 credit(s), Letter Graded
Concentration(s): Taxation (LLMUS), LLM in Taxation (LLMT), Taxation (MSLS)

Taxation of Financial Instruments analyzes the U.S. Federal taxation of both traditional stocks and bonds transactions as well as derivatives, such as options, forward contracts and swaps. The course explains the complex rules that govern interest and time value of money, wash sales, hedging transactions and holding and trading foreign currencies.

Note:

Please note that this course will not meet every week. On the days it meets, it will be for two and a half hours.

Trade Secrets (LWIP575)

Instructor(s): Shawn Miller

2 credit(s), Letter Graded
Concentration(s): Employment and Labor Law (JD), Intellectual Property (JD), Intellectual Property (LLMUS), Employment and Labor Law (LLMG), Intellectual Property Law (LLMG), Intellectual Property Law (MSLS)

This course provides an introduction to trade secret law. Subjects include the definition of trade secrets, the means by which trade secret protection is distinguished from copyright and patent law, and issues in enforcing trade secret protection. We will study the federal Defend Trade Secrets Act, the Uniform Trade Secrets Act, and California trade secrets law, as well as the relationship between trade secrets protection and California's policy against enforcing non-compete agreements. 

Trademark Prosecution (LWIP582)

Instructor(s): Kayla Jimenez

3 credit(s), Letter Graded
Requirement(s): Experiential OR Writing
Concentration(s): Intellectual Property (JD), Intellectual Property (LLMUS), Intellectual Property Law (LLMG), Intellectual Property Law (MSLS)
Prerequisite(s): IP Survey or Trademark Law

This course will provide students with practical, hands-on trademark prosecution skills. Students will learn how to file a trademark application with the United States Patent & Trademark Office (“USPTO”), maintain a trademark registration, defend a trademark registration/application, and advise clients on branding strategy. These skills will be taught through in-class demonstrations and assignments that include (i) conducting and analyzing trademark searches, (ii) filling out a trademark application, (iii) responding to various types of office actions, (iv) drafting an appeal to the Trademark Trial and Appeal Board(“TTAB”), and (v) reviewing post-registration filings and requirements.  Students will also sharpen their communication skills by interfacing with hypothetical clients who come to the student for brand strategy and trademark advice.  The grade in this class will be based on writing assignments and the student’s in-class participation.

Transactional IP (LWIP590)

Instructor(s): Joni Laura

3 credit(s), Letter Graded
Concentration(s): Intellectual Property (JD), Intellectual Property (LLMUS), Intellectual Property Law (LLMG), Intellectual Property Law (MSLS)

Transactional IP is a comprehensive course designed to provide students with a deep understanding of the legal, commercial, and strategic aspects of intellectual property (IP) management and transactions. This course delves into the intricacies of IP rights, their creation, protection, licensing, and transfer, equipping students with the knowledge and skills required to navigate the complex world of intellectual property in the business and legal landscape.

By the end of this course, students will have acquired the skills and knowledge to:

• Identify, protect, and manage intellectual property effectively.
• Draft and negotiate IP licensing agreements.
• Evaluate the value of intellectual property assets.
• Understand the global context of intellectual property transactions.
• Navigate legal and ethical challenges in the IP domain.

This course is essential for students pursuing careers in law, business, technology, or any field where intellectual property plays a pivotal role. Whether you aspire to be a lawyer, entrepreneur, or corporate executive, Transactional IP will equip you with the expertise needed to thrive in a world driven by innovation and intellectual property.

Transfer Pricing (LWTE584)

Instructor(s): David Bowen

2 credit(s), Letter Graded
Concentration(s): Business and Corporate Law (JD), International Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMUS), International Law (LLMUS), Taxation (LLMUS), LLM in Taxation (LLMT), LLM in International Law (LLMI), Business and Corporate Law (MSLS), International Law (MSLS), Taxation (MSLS)
Prerequisite(s): Tax I

The course involves a thorough study of the fundamental and practical concepts of “transfer pricing,” from U.S. and international perspectives. Transfer pricing is one of the most significant tax issues for multinational enterprises with international operations. It attracts the scrutiny of tax authorities worldwide and continues to draw attention of multiple countries’ tax legislatures. The course first analyzes the fundamental methods by which income and other items are affected – often with major financial impact - through MNE “controlled” transactions. The basic analytical framework involve critical analysis of U.S. Code provisions, Treasury Regulations, other administrative materials and important judicial decisions. These U.S. provisions are compared to other comprehensive, consensus-type guidelines, such as the recent OECD Guidelines. Practical strategies are discussed in terms of proactive strategies for resolving and avoiding cross-border disputes involving transfer pricing. Topics include allocations and apportionments of income, deductions, credits and allowances; the “arm’s length” standard and its alternatives; BEPS (base erosion and profit shifting); economic double taxation; Treaty mechanisms such as MAP (mutual agreement procedures); TIPs (taxpayer-initiated adjustments) and compensating adjustments; general legal principles and apportionment methods, including the judicial doctrines of assignment of income, the economic substance doctrine, fruit-tree, and other matters; methods to determine “true” taxable income in “controlled” transactions involving tangible and intangible property, services, and intercompany financing; relevant U.S. customs rules; tax penalties and relevant forms, including country-by-country reporting; tax planning and compliance efforts; and relevant comparisons of international transfer pricing rules within particular contexts. Grades will be based on a written exam which includes true false questions, multiple choice, and a hand-graded essay,

This course is open to LLM and JD levels.

Note:

This is a seven week short course in the second half of the semester.  US Income Tax Treaties will be taught in the first half of the semester.

Trusts & Estates (LWGC590)

Instructor(s): Adam Hirsch

3 credit(s), Letter Graded

This survey course provides an introduction to non-tax aspects of estate planning and the law of gratuitous transfers, including inter vivos gifts, intestate succession, wills, will substitutes, trusts, fiduciary administration, and future interests.