LAW 6943-01: Dot Com Law

Fall 2010

Professor:
Sam Han
Room 451 Keller Hall
University of Dayton School of Law
300 College Park Avenue
Dayton, OH 45469-2772

sam.han@notes.udayton.edu
prof.sam.han@gmail.com

+1 (937) 229-2256 (Office)

+1 (937) 401-0070 (Cell)

Class Location:
Keller Hall, Room 115

Class Hours:
WED 4:30 pm - 8:20 pm

Office Hours:
Tue 1:30 pm - 4:30 pm
Also, by appointment

Excused Absence:
48 hour notice in writing (e.g., email), with acceptable reason, PRIOR to class.
Student will be notified by email whether or not a particular absence will be excused.
In the absence of a compelling reason, all other absences will be unexcused.

Miscellaneous Items:
For some of the projects, we will research issues relating to the actual practice of law.
For the LLM students that currently have their own practice, they will be required to conduct a
full conflict check to determine whether or not there is any conflict with an existing or prior
client, and whether or not any conflict can be waived.

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Projects and Grades:

The final deliverable for this course will include:
(a) ten (10) short written assignments throughout the course of the semester (5
points each);
(b) one (1) mid-semester project: partnership agreement (25 points); and
(c) one (1) final project: office policy manual (25 points).

The student will be graded on the student's:

(a) writing ability;
(b) understanding of substantive legal issues; and
(c) understanding of the relevant business environment.

The goal, by the end of the course, is to have a business model and various documents that can
be used as a template for establishing a virtual law firm.

Each of the ten (10) short written assignments will be due:

(a) electronically in PDF format
(b) sent by email to both of the following email addresses:
prof.sam.han@gmail.com (professor email address)
jscottalbright@gmail.com (teaching assistant email address)
(c) by 11:59:59 pm EST on Sunday night following the date that it is
assigned.

So, for example, the first written assignment (assigned on Wednesday, 2010 August 25) will be
due by 11:59:59 pm EST on Sunday, 2010 August 29, to prof.sam.han@gmail.com and
jscottalbright@gmail.com. Any late filing will be disregarded and the student will:
(a) receive a zero (0%) grade for that particular assignment; and
(b) be reported for a violation of the academic honor code.

The two (2) major projects will be due as explained in greater detail below.

Whether or not a filing is timely will be gauged by the server clock on the professor's system
(which is synchronized to the U.S. naval clock), and not on the student's own system. In short,
the time-stamp of arrival will control; not the time-stamp of when the student sends the material.
Thus, please do not take chances with sending the materials late. There have been occasions
when students have emailed documents just before the stroke of midnight, just to have the
documents arrive within seconds after midnight. Those submissions were considered late.
PLEASE DO NOT TEST THE LIMITS OF THE FILING SYSTEM. ONCE THE VIOLATION
OF THE ACADEMIC HONOR CODE IS REPORTED, JURISDICTION FOR THOSE
PROCEEDINGS TRANSFERS TO THE STUDENT COUNCIL.

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COURSE OUTLINE:

01. Wednesday 8/25/2010

a. Introduction
b. Course Outline
c. Discussion of business considerations
d. Assignment:
i. Research: business name; availability of the business name; availability of
the domain name; possible domain name registrars; contractual issues with
registering a domain name with a domain-registration service; legal issues
surrounding selection and registration of domain name.
ii. Written Assignment #1: Memorandum on business and legal
considerations for establishing an Ohio virtual law firm, including
proper citation to sources.
(5 points)

02. Wednesday 9/1/2010

a. Questions and feedback on Written Assignment #1
b. Review and discussion of students' findings on the business considerations
c. Discussion of corporate structure and related law in Ohio
d. Assignment:
i. Research: Ohio revised code sections relating to corporate structure and
requirements for setting up, maintaining, and dissolving corporate
structure; specific code sections relating to operating an online business.
ii. Written Assignment #2: Memorandum on the appropriate corporate
structure for Ohio virtual law firm, including proper citation to sources.
(5 points)

03. Wednesday 9/15/2010

a. Questions and feedback on Written Assignment #2
b. Review and discussion of students' findings on Ohio corporate structure
c. Communications with clients and personal jurisdiction issues
d. Assignment:
i. Research: Business and legal considerations in creating a client-
solicitation portal on the website; personal jurisdiction issues relating to
online presence.
ii. Written Assignment #3: Memorandum on jurisdictional issues for Ohio
virtual law firm, including proper citation to sources.
(5 points)

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04. Wednesday 9/22/2010

a. Questions and feedback on Written Assignment #3
b. Review and discussion of students' findings on the jurisdictional issues relating to
Ohio virtual law firm
c. Discussion of federal and state statutes that govern online presence and online
transactions.
d. Assignment:
i. Research: Electronic fund transfers and commingling of funds; notices and
policies for website; federal privacy statutes that implicate Ohio virtual
law firms.
ii. Written Assignment #4: Memorandum on relevant statutory provisions
that apply to online Ohio businesses, including proper citation to sources.
(5 points)

05. Wednesday 9/29/2010

a. Questions and feedback on Written Assignment #4
b. Review and discussion of students' findings on federal and state statutory
provisions that apply to online Ohio businesses
c. Discussion of ethical considerations for Ohio virtual law firm
d. Assignment:
i. Research: Ohio ethical rules on attorney communications with potential
clients; Ohio ethical rules on attorney communications with current
clients; exposure to other jurisdictions for unauthorized practice of law.
ii. Written Assignment #5: Memorandum on ethical considerations for
Ohio virtual law firm, including proper citation to sources.
(5 points)

06. Wednesday 10/6/2010

a. Questions and feedback on Written Assignment #5
b. Review and discussion of students' findings on ethical considerations for Ohio
virtual law firm
c. Discussion of cloud computing and online document storage
d. Assignment:
i. Research: available online services for document storage, including
safeguards for backup files, privacy, confidentiality, etc.; contractual
liabilities and assurances from online document storage services;
confidentiality issues with reference to attorney-client materials.
ii. Written Assignment #6: Memorandum on online document storage
facilities, risks, and safeguards, including proper citation to sources.
(5 points)

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07. Wednesday 10/13/2010

a. Questions and feedback on Written Assignment #6
b. Review and discussion of students' findings on online document storage facilities.
c. Discussion of 1st Project (Written Partnership or LLC Agreement)
d. Discussion of Final Project (Written Office Policy Manual)

08. Wednesday 10/27/2010

WRITING DAY. NO CLASS.
Written Partnership or LLC Agreement Due
DEADLINE TO ELECTRONICALLY SUBMIT FIRST PROJECT:
11:59:59 pm EST, 2010 October 27.
NOTE: This is a group project. The project groups are:
GROUP I: Artim, Carreiro, Haertel, and Villalba
GROUP II: Prince, Sullivan, Sutlive, and Williams

09. Wednesday 11/3/2010

a. Review and discussion of Written Partnership or LLC Agreement
b. Discussion of liability and insurance for Ohio online businesses
c. Assignment:
i. Research: errors and omissions policies for online presence; legal
malpractice insurance for Ohio attorneys, including specific companies,
costs of insurance, specific provisions and exclusions; Internet-specific
riders and exclusions for Ohio virtual law firm
ii. Written Assignment #7: Memorandum on business and malpractice
insurance, including proper citation to sources.
- What "a la carte" policies are there?
- Do those policies cover virtual law firms?
- What is the price for those policies?
- Who issues those types of policies?
- Are they available for all types of law practice?
- What types of conventional policies exist?
- What is the cost for a good Ohio policy?
- Do those policies cover virtual law practice?
- What is the cost?
- Which company offers the policy?
(5 points)
NOTE: For those who can show proof of insurance, this project will be
waived, and the student will receive full marks.

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10. Wednesday 11/10/2010

a. Questions and feedback on Written Assignment #7
b. Review and discussion of students' findings on insurance issues
c. Discussion on finding potential clients using Internet resources
d. Assignment:
i. Research: where to find potential clients, what can be done, what are the
limitations, are there any legal prohibitions, are there any ethical
prohibitions, are there any contractual prohibitions; pros and cons of social
networking sites
ii. Written Assignment #8: Memorandum on potential Internet sources for
clients, including proper citation to sources.
(5 points)
NOTE: For those who can obtain a client and produce a signed
engagement letter (or retainer agreement), this project will be waived, and
the student will receive full marks.

11. Wednesday 11/17/2010

GUEST INSTRUCTOR: Ms. Stephanie Kimbro
a. Questions and feedback on Written Assignment #8
b. Review and discussion of students' findings on client search and solicitation
c. Discussion of practicalities associated with operating an Ohio virtual law firm
d. Assignment:
i. Research: necessary steps to establishing a bank account, an online
transaction account, trust account, finding and ordering equipment and
supplies, staffing (real and virtual) options, license to practice, bar dues
(and other professional organizations), business permits, etc.
ii. Written Assignment #9: Bullet-point list of all factors that must be
considered for operating an Ohio virtual law firm, including proper
citation to sources.
(5 points)
NOTE: The submitted work-product should be the table-of-contents for
your final project. Preferably, the table of contents will be properly
formatted to show all sections and sub-sections.

12. Wednesday 11/24/2010

a. Course Summary
b. Discussion of how to use the Internet to advance business or personal goals
i. Discussion of the impact of Traton News
ii. Discussion of Traton News' effect on Traton Homes
iii. How Traton News uses Google, Bing, and Yahoo to advance the business
purpose
iv. Effective marshaling of blogs, pages, posts, news releases, and other
avenues
c. Actions waiting for filing
d. Revisit discussion of Final Project: Office Policy Manual

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13. Wednesday 12/1/2010

a. Questions and feedback on Written Assignment #9
b. Review and discussion of students' findings on practical considerations for
operating an Ohio virtual law firm
c. Discussion of courts' and agencies' electronic filing and docketing systems
d. Assignment:
i. Research: federal rules of civil procedure, local civil rules, standing orders
for the Southern District of Ohio, USPTO PAIR and e-File registrations
ii. Written Assignment #10:
FOR LLM STUDENTS: Register as an e-filer to the United States
District Court for the Southern District of Ohio, in accordance with the
rules applicable to the United States District Court for the Southern
District of Ohio (complete all forms necessary to register and practice
before the Southern District of Ohio)
FOR JD STUDENTS: Obtain permission to practice as a third-
year law student (complete all forms necessary to register and practice
as a third-year law student)
(5 points)
NOTE: For those who can show proof of registering with the Southern
District of Ohio, this project will be waived, and the student will receive
full marks.

DEADLINE TO ELECTRONICALLY SUBMIT FINAL PROJECT:

Written Office Policy Manual
Wednesday, 2010 December 15 (11:59:59 pm EST).
NOTE: This is a group project, where the students will be assigned in pairs.
PAIR 1: Artim and Haertel
PAIR 2: Prince and Sutlive
PAIR 3: Carreiro and Villalba
PAIR 4: Sullivan and Williams