Today’s practitioners, whether operating domestically or internationally, are required to know how the law from other jurisdictions impacts on their client’s business affairs.
Whether the client is located in the US or UK or in Europe, a practitioner needs to understand the fundamental elements of these legal systems in order to protect and or defend their client’s business.
This weekend school has been specifically developed to assist practitioners to understand the basic requirements of the common law system in the US and UK.
The first part of the course will start with an introduction to common law system of law and look at how the common law system developed.
The second part of the course will involve the study of various areas of common law in the UK and contracted to the US system. We will study contracts law, torts law, the impact of equity, remedies available for breach.
The third part of the course will focus on the impact of the conflict of laws (private international law). How does this operate in the areas of tort, contract, property and so on and transactions which contain a foreign element.For example, conflict of laws issues will arise if proceedings are contemplated in London in respect of a contract involving a party in Italy seeking to recover damages for breach of a contract governed by the law of Italy.
The fourth part of the course will look at civil litigation procedure from studying the legal institutions, and the civil procedure rules including discovery, interrogatories, affidavits.
The final part of the course will involve a negotiation of a dispute where participants will have the chance to role play in the negotiation. At the conclusion of the negotiation, the participants will also be drafting terms of settlement for the matter.
The topics to be covered in this course are:-
1. Introduction to the common law system in the UK and US and terminology
2. Contracts law and terminology in the UK and US and the international sale of goods (Vienna Convention)
3. Torts law and terminology in the UK and US
4. Equity law in the UK and terminology
5. Remedies and damages in the US & UK for breach of contract and torts
6. Law of contract – forum of competent jurisdiction and the law of the contract
7. The Impact of private international law on commercial transactions; Applicable Law, Court of Competent Jurisdiction.
8. Commencing proceedings and civil litigation procedure including discovery, interrogatories, affidavits.
9. Dispute Resolution and the art of negotiation
10. Case study – participants will role play in the negotiation and draft terms of settlement for the matter.
For further details, fill in the attached contact form:-
Coming to the last lesson in this cycle of lessons on Negotiation and Mediation. Tomorrow we will be speaking about all the soft skills a practitioner needs to have to bring about the most optimal results.
If you would like details about this course, fill in the form below.
It is said that contracts go through a 7-stage process. These are:-
2. Make – Buy
3. Source – Award
6. End options
Do you know what these mean ? Put your comments below.
On completion of this module, participants should demonstrate an understanding of the principles and techniques of the skills of interviewing and advising.
Element 1: Interviewing
- be able to choose an appropriate way to obtain relevant information
- be able to plan, prepare for and identify the objectives of an interview
- understand how to conduct an effective interview that elicits the relevant information, allows the client to explain any concerns, anticipates the client’s questions and has clear outcomes
- be able to listen actively and use appropriate questioning techniques
- be able to establish a professional relationship.
Element 2: Advice and follow up
Participants should be able to:
- advise the client taking into account the client’s objectives, priorities and constraints and addressing all relevant factual, practical and legal issues
- identify possible courses of action, the legal and non-legal consequences of a course of action (including the costs, benefits and risks) and assist the client in reaching a decision
- identify any further decisions to be made or steps to be taken and manage the client’s expectations including likely outcomes and timescales
- accurately record an interview, advice given orally, decisions made by the client and follow-up steps and, where appropriate, confirm instructions in each case in accordance with the outcomes for Writing
- identify the circumstances in which to take instructions or seek advice from a supervising solicitor.
Course dates for 2017 will be available shortly.
Upon completion of this core practice area, participants will:-
- Understand the nature of civil litigation
- Be able to identify the critical steps in civil litigation
Participants will learn how to do
- Do a case analysis
- Evaluate different courses of action
- Consider the prospect of litigation funding or public funding
- Identify and take steps in court procedure taken in the preparation and conduct of litigation.
- Alternate Dispute Resolution
- Enforcement and appeal of judgements
- Drafting appropriate pleadings
One of the most popular business models used today to expand globally is franchising.
We have developed this course to assist the practitioner and their client to understand the complexities of this type of business expansion.
The International Franchising Law Masterclass is comprised of the following topic areas:
- Different business models in the franchising system
- Business format of franchising
- The impact of different cultures and legal systems of international franchising
- The effect of a wide range of laws which govern franchising such as franchising laws, codes of conduct, trademark protection, dispute resolution
- New developments in taxation avoidance and minimisation and the impact it has on business models.
More specifically, we will be looking at:-
- Definition of franchising.
- Assessing a franchise business for suitability of transport to overseas jurisdictions.
- The role of legal advisers in the business decision to expand a franchise to a new country.
- Comparison of Business Models (organics, agents, distributors, licencing, franchising, joint ventures, master franchisees)
- Franchising and the concept of culture
- Building and protecting the brand
- Due diligence
- Brand Due Diligence
- Role of advisers in due diligence
- Contents of a franchising agreement
- Obligations of franchisor and franchisee
- Other important terms in a franchise agreement
- Due Diligence Considerations
- Comparative session – Italy v UK
- International Franchise Laws and Regulations
- Franchise Business Structures
- Expansion in franchising
- Legal Issues in negotiation matters
- Intellectual Property Issues
- Protection of Trade Marks
- Real Property considerations – Leases and licences
- Dispute Resolution
- Alternative dispute resolution – mediation and arbitration
- Forum and choice of Law
- Factors in dispute resolution
- The future of franchising
- Social Franchising
- Exit Strategies – selling, insolvency, buyouts, public listing, venture capitalists
The students will be learning the above through caselaw and practice case studies to apply the concepts to real practical situations.
Philosophical and economic underpinnings lie behind Intellectual Property Law.
The law of intellectual property includes the areas of copyright, design, patents, confidential information, business reputation and trademarks.
In the Intellectual Property Law Masterclass, we will be studying key policy issues, the rationale and role of intellectual property law.
We will examine the overlap between areas of protection, the growing importance of obligations under international treaties and the interaction of intellectual property law with other areas such as competition law and contract law.
For each category of intellectual property, we will be learning about how the rights arise, the nature of the rights protected, ownership and exploitation. Finally, we will study infringement types and what remedies are available to owners of IP.
In particular, the Masterclass will cover: –
- Introduction and history of intellectual property
- International aspects of intellectual property protection
- International Treaties & UK statues and the system in the US
- Common Law principles and the protection of intellectual property
- Copyright principles and protection
- Copyright Assignment and Licensing
- Copyright Infringement, Defences and Remedies
- Industrial Designs & Requirements for registration
- Infringement of Design, Defences and Remedies
- Patents principles and protection
- Infringement of Patents, Defences and Remedies
- Confidential information and principles
- Remedies for breach of confidential information in contract and equity
- Defences for breach of confidential information and Remedies
- Business Reputation and principles in the action of passing off
- Misrepresentation, Association, Sponsorship and endorsement
- Trade Marks elements and principles
- History of Trademarks at common law and international conventions
- Classes of designated goods and services
- Trade Mark registration and elements necessary for registration
- Grounds for opposition to registration
- Licensing of Trade Marks
- Infringement, Defences and Remedies
- Domain names and new technology issues
- The Future of IP
For further details for classes in 2017 send an email to firstname.lastname@example.org to join our mailing list or visit our website Intellectual Property Master Class