THOMAS, THOMAS, AND THOMAS
A Pretend Limited Liability Partnership
|From:||Ira Steven Nathenson, “Managing Partner,” T3 PLLP|
|To:||Fall 2015 “Associates”|
|Date:||Oct. 19, 2015|
|Re:||Copyright litigation project|
Note to public: this assignment is created for teaching purposes. This project uses real-world materials in order to provide a meaningful learning experience. However, no actual affiliation with any person or entity exists.
You are fictional associates in a fictional law firm: Thomas, Thomas, and Thomas, PLLP, or “Pretend Limited Liability Partnership.” (Also known as T-Cubed.) There are no real clients and no real adverse parties. You will prepare to file suit for the client regarding the song from project 2.
Short description of project.
Projects 2 and 3 are all part of a broader fact pattern involving a song from the 1970s and a version of it done by somebody else in the year 2014. For project 2, you drafted letters to the defendant as well as to any and all providers of internet and online services who may be liable under copyright law for direct or secondary liability. Project 3 builds upon the work from project 2, and involves, inter alia, the preparation of a civil complaint and memorandum of law.
The plaintiff’s work and defendant’s conduct.
Information regarding the client, the defendant, and the various works at issue can be found on the law firm intranet (password required).
Due date and time.
The project file is due Monday, Nov. 23, 2015, 4PM EST. (note: this stated 5PM incorrectly; as assignments page has said and as noted in class, we are getting together for our last class to reflect, so please bring your assignment to the final class, which starts at 4PM.) All materials must be printed out and organized, and must be turned in to either Mariela Torres or Karla Garcia (administrative assistants in the faculty suite, upstairs, second floor, near faculty offices). No electronic submissions will be accepted.
Details of your task:
NOTE (posted Nov. 3): All work product must use 12 point Times New Roman font, with normal 1″ margins.
There must be spaces above and below each paragraph. CLARIFIED (Nov. 20): As stated below, it must double-spaced.
- Civil complaint. Unless I instruct you otherwise, assume that none of the defendants have complied with the demands made in project 2. We now need to consider litigation. Consider where we should file, who we should sue, where we should sue, and what relief we should request. Your case file should include a draft civil complaint, along with summons, civil cover sheet, and exhibits.
- Memorandum. Draft a memorandum to our client on the likelihood of success. Discuss 1) procedure, i.e., your explanation of where you have chosen to sue in light of strategy, subject-matter jurisdiction, personal jurisdiction, and venue; and 2) substance, i.e., the likelihood of success under copyright law. The memorandum should not exceed ten (10) doubled-spaced pages. Your case file should include the memorandum.
Hand in an organized project file prior to the time listed above for the due date. It should be in paper (no electronic submissions). The project file should include:
- Civil complaint. As noted above, this includes the complaint, summons, civil cover sheet, and exhibits.
- Memorandum. See above for details.
- Pre-existing materials. If you use any third-party materials as guidance, such as forms or pre-existing complaints, you must provide copies of the materials.
- Other information. If you believe it would be useful to provide other information, please include it in the file.
Ethics, confidentiality, attribution.
You may discuss the project with other St. Thomas Law students so long as they are current members of this class. As noted above, if you use any third-party materials as guidance, such as forms or complaints, you must provide copies of the materials to me. Your work must be your own. You may not contact any outside parties for legal or factual assistance. These rules are to be construed broadly.
Important project-related information links.
To keep this page simple, other important project information can be found on other pages. In addition to the cases and statutes assigned, discussed in the class, or found in the book, be sure that you have carefully reviewed all of these materials:
- Any and all information regarding project 2.
- Project 3 scoring criteria
- Handout on copyright infringement analysis
- Copyright litigation procedural resources
- Statutes and caselaw on subject matter jurisdiction
- Rules and caselaw on personal jurisdiction
- Statutes and caselaw on venue
- Rules and caselaw on pleading
- Forms in the appendix to the Federal Rules of Civil Procedure
- Local area rules for the district you select
- T-Cubed intranet (password required, to be sent remotely)
Revised Nov. 20, 2015 (clarifying spacing)