Category Archives: EBooks

New Update! Faber on Mechanics of Patent Claim Drafting (7th Edition)

Release #4 is now available for Faber on Mechanics of Patent Claim Drafting (7th Edition)

Faber Patent Claim Drafting 7th ED“This work must be included in the library of anyone who considers himself or herself an attorney [in the field].” – The Licensing Journal

A trusted working tool for more than two decades, Faber on Mechanics of Patent Claim Drafting spotlights proven claim drafting practices and techniques that have been firmly established by patent authorities and custom. Faber on Mechanics of Patent Claim Drafting provides full coverage of U.S. Supreme Court and other court decisions critical to claim drafting. It is an indispensable guide for patent specialists and other intellectual property attorneys, corporate counsel, patent agents, patent officials, and inventors.  Among the topics covered in the recently updated book are the following:

  • Patent eligibility—computer-related claims: Several recent Federal Circuit opinions emphasize that patent claims directed to data processing or pure software can be patent-eligible. Software modifications that improve functioning or capacity of a known system are generally patent-eligible. This applies to improvements in computer functionality or solving technology-based problems, even with conventional generic components when combined in an unconventional manner. It is recommended to disclose and discuss the practical benefits of the claim in the specification. The differences from the art, the technological improvement, and the reasons for this may convert what appears to be known technology into something patent-eligible. See 1:5.5, at note 88.3.
  • “Visually negligible”: Words of approximation are not restricted to words like “about,” “approximately,” and “substantially.” The Federal Circuit held that “visually negligible” was definite because the specification provided examples of visually negligible indicators, namely an objective baseline to determine what is visually negligible based on what can be seen by the normal human eye, and neither the examiners nor the experts during prosecution and reexamination had apparent difficulty determining the scope of this term (Sonix Technology Co. v. Publications International, Ltd.). See § 3:19, at note 389.1.
  • Claims in continuing applications—claim construction: According to the Federal Circuit, where more than one patent derives from, that is claims priority to, a common parent, construction of the same claim in two or more of those patents should be the same, since they are all based off the same disclosure and specification (Trustees of Columbia University v. Symantic Corp.). See § 5:5, at note 43.1.

The update Treatise is available on PLI PLUS, our online research database.  If you’d like to order a print copy, please email libraryrelations@pli.edu or call 877-900-5291.

New Edition! Essential Trial Evidence: Brought to Life by Famous Trials, Films, and Fiction

Book - Essential Trial Evidence BookPLI’s Essential Trial Evidence: Brought to Life by Famous Trials, Films, and Fiction (2nd Edition) is a unique and insightful guide to the law of evidence. Author Martin A. Schwartz enlivens an intricate, technical subject by using engaging, evidentiary examples from popular culture to provide a strong understanding of the Federal Rules of Evidence and its interpretive case law, which represents the prevailing evidence law in the United States.

This unique instructive approach also provides an understanding of how popular culture sources inform jurors’ preconceptions about the trial process. Illustrations from famous cases, movies, novels, cartoons, and other media highlight the presumptions jurors bring to the courtroom.

Essential Trial Evidence: Brought to Life by Famous Trials, Films, and Fiction (2nd Edition) covers a wide range of issues, including relevance and unfair prejudice, the rule against hearsay and its numerous exceptions, recent developments in expert testimony, and the various impeachment methods.

You’ll receive clear guidance on the following:
– Differences between expert witness and lay witness testimony, including how courts handle the dual fact-expert witness
– Procedures for juror questioning of witnesses
– Admissibility of videotape evidence
– Recent developments under the Confrontation Clause
– Requirements for introducing electronic evidence,
– And more!

This essential new title is available on PLI PLUS, our online research database. If you’d like to order a print copy, please email libraryrelations@pli.edu or call 877-900-5291.

PLI PLUS Enhancements: Book Covers and Detailed View

Two enhancements have recently been made to PLI PLUS! Book cover images now display on the table of contents page of a title. In addition you can view book cover images in the new detailed view in Browse as well.

If you’re used to reading PLI books in print, you’re familiar with our book covers.   You’ll notice book cover images now display on PLI PLUS and provide a nice reference to those titles.

Proskauer Book Cover
Detailed view on Browse is an expansion of the list view.  While the list view displays titles in alphabetical order,  the detailed view expands the list to include the book citation information as well as the book cover image.  Just click between the two icons to change the view!  Check out these features on PLI PLUS now!

Book cover detailed viewpost

Employment Law Yearbook 2017 Now Available

 

EmploymentLawThe 2017 edition of Employment Law Yearbook covers the most important issues facing today’s employers and employment law practitioners. In this tight employment market and amid the rapidly changing global economy, it is imperative that employers and employment law practitioners understand the legal implications of a wide range of workplace actions. Authored by Orrick, Herrington & Sutcliffe LLP’s Employment Law Practice Group, a nationally recognized leader in this field, Employment Law Yearbook 2017 substantially revises the 2016 edition and provides a review of current developments in the law, including case decisions, statutes, and other events of interest to employers in the past year, as well as practical steps employers can take to minimize their risks and comply with the law.

Revised annually, Employment Law Yearbook 2017 is an essential reference for in-house and outside corporate attorneys and human resource professionals, as well as attorneys representing plaintiffs and defendants in employment-related litigation.

This essential title is available on PLI PLUS, our online research database. If you’d like to order a print copy, please email libraryrelations@pli.edu or call 877-900-5291.

Free Special Bulletin! Looking Ahead: The Impact of the 2016 Election on Key Legal Issues

The 2016 presidential election was notable for many reasons, not the least of which is the heightened sense of unpredictability that has been expressed by so many on a range of issues.

PLI’s publishing team has always been dedicated to bringing lawyers the guidance they need to best serve their clients and fulfill their professional obligations. Now, in light of the election,
we’d like to look toward the future. We’ve asked some of our authors to give their predictions, reflections, and analysis regarding a variety of legal topics likely to be affected by the new administration in Washington—including corporate and securities law, immigration law, environmental law, and intellectual property law. These experts have responded with a range
of insights, presented below. We hope readers will find their views thought-provoking.

To access the bulletin on Discover PLUS, click here, or you can scroll through the PDF below.

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9 Terms to Include in Your Privacy Policy

A privacy policy should disclose the types of information that a company collects, how that information is used, and with whom that information is shared.

The authors of Privacy Law Answer Book, edited by Jeremy Feigelson (Debevoise & Plimpton LLP), recommend, at a minimum, the following terms:

  1. A description of the personal information that will be collected—for example, a user’s name, email address, phone number, mailing address, or credit card number.
  2. When that personal information will be collected—for example, information may be collected when a user registers for an online account or places an order.
  3. A description of the non-personal information that will be collected—for example, a user’s browser information or IP (Internet Protocol) address.
  4. How that non-personal information will be collected—for example, through the use of cookies or web beacons.
  5. How the collected information will be used—for example, personal information may be used to send the user information about a company’s products or services, and non-personal information may be used to provide targeted advertising by displaying products or advertisements that may be of interest to the user.
  6. Whether the collection of any information is voluntary or mandatory for consumers— for example, if non-personal information is automatically collected via cookies, that is considered mandatory collection.
  7. The categories of third parties with whom the information is shared—for example, information may be shared with a company’s affiliates, outside vendors, or other third parties (this disclosure need not list each third party by name).
  8. Whether and how a user can review or change her personal information—for example, explaining how a user can update her profile or contact a company to request a change or request that information be deleted from the user’s records.
  9. A statement that the privacy policy should not be construed as establishing a contractual relationship.

TO LEARN MORE ABOUT DATA PRIVACY LAW AND PRIVACY POLICIES, INCLUDING THE AUTHOR’S POLICY OUTLINE, PURCHASE:

Privacy Law Answer Book (2017 Edition) Edited by Jeremy Feigelson, Debevoise & Plimpton LLP

Subscribe to Discover PLUS?  Read it here ›

3 Elements of an FDA Recall Strategy

James P. Ellison and Anne K. Walsh’s FDA Deskbook: A Compliance and Enforcement Guide provides an in-depth discussion on recalls.

A firm conducting a recall must develop a recall strategy taking into account the results of the Health Hazard Evaluation (HHE), ease in identifying the product, the degree to which the product’s deficiency is obvious to the consumer or user, the degree to which the product remains unused in the marketplace, and the continued availability of essential products. FDA will review and approve the recall strategy of a recalling firm. The elements of a recall strategy are:

  1. Depth of Recall The depth of recall pertains to the level in the distribution chain to which the recall will be extended. This will depend on the product’s degree of hazard and extent of its distribution. For example, the recall could extend all the way to the consumer or user level, it could stop at the retail level, or it may not need to go beyond the wholesale level.
  2. Public Warning A public warning is intended to alert the public that “a product being recalled presents a serious hazard to health.” It is only used in urgent situations for which other means of preventing use of the product appear inadequate. FDA will usually issue the warning in consultation with the recalling firm. If the firm issues its own warning, it should submit the warning to FDA for review and comment prior to distribution, along with a plan for distribution. The recall strategy should indicate whether a public warning is needed and how it will be issued, for example, via general or specialized news media.
  3. Effectiveness Checks Effectiveness checks are required to confirm that all consignees at the specified recall depth received the notification. Consignees may be contacted by whatever means deemed appropriate by the recalling firm, including by letter, telephone calls, or a combination. It is recommended that a firm conduct at least the initial effectiveness check in writing, and may then follow up via telephone if no response is received. When a phone call is made, the firm should document the call and that documentation should be retained in the recall record. The recall strategy will specify the methods to be used and the level of effectiveness checks that will be conducted. Depending on the product involved and the health hazard presented by the product, a firm may be required to contact 100% of consignees, or may not be required to conduct an effectiveness check at all.

 

TO LEARN MORE ABOUT THE FDA, READ:

FDA Deskbook: A Compliance and Enforcement Guide Edited by James P. Ellison and Anne K. Walsh (Hyman, Phelps & McNamara, P.C.)

Subcribe to Discover PLUS?  Read it here — ›

Federal Bail and Detention Handbook 2016 Now Available

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The 2016 Federal Bail and Detention Handbook, written by the Honorable John L. Weinberg, provides judges and lawyers alike with quick, on-point answers to all aspects of federal bail and detention law. The Handbook provides legal professionals with a comprehensive guide to the Bail Reform Act of 1984, including relevant statutory language, legislative history and appellate case law. It analyzes each step of the process, including:

The Handbook’s Table of Cases lists every federal appellate decision of significant precedential value that interprets or applies the Act.

Designed as a practical tool to be used both in court and the office, 2016 Federal Bail and Detention Handbook includes “Practice Pointers,” designed by Judge Weinberg to provide defense counsel and Assistant U.S. Attorneys with strategic suggestions for dealing with the Act. In addition to the sample orders and motions included in the Handbook, the 2016 edition includes, in Appendix III, a comprehensive collection of the official, nationally recommended forms relating to release and detention.

The Treatise is available for purchase here and is also accessible online on our digital research platform, PLI Discover PLUS.

Interested in our other Litigation resources?  Check out our Litigation Research Center below!

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New Treatise! Cybersecurity: A Practical Guide to the Law of Cyber Risk

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The many recent sophisticated cyber threats—from hacktivists and empowered insiders to organized criminals and state-sponsored cyber attacks—means that the task of managing cyber risks, once the near-exclusive realm of IT professionals, is now also borne by attorneys, senior executives, and directors. PLI’s new Cybersecurity: A Practical Guide to the Law of Cyber Risk provides the practical steps that can be taken to help your clients understand and mitigate today’s cyber risk and to build the most resilient response capabilities possible.

Cybersecurity: A Practical Guide to the Law of Cyber Risk provides a comprehensive discussion of the complex quilt of federal and state statutes, Executive Orders, regulations, contractual norms, and ambiguous tort duties that can apply to this crucial new area of the law. For example, it describes in detail:

  • The leading regulatory role the Federal Trade Commission has played, acting on its authority to regulate “unfair” or “deceptive” trade practices;
  • The guidance issued by the SEC interpreting existing disclosure rules to require registrants to disclose cybersecurity risks under certain circumstances;
  • The varying roles of other regulators in sector-specific regulation, such as healthcare, energy, and transportation; and
  • The impact of preexisting statutes, such as the Computer Fraud and Abuse Act and the Electronic Communications Privacy Act, on current cybersecurity issues.

In addition, the authors of Cybersecurity: A Practical Guide to the Law of Cyber Risk have supplemented these more traditional sources of law with industry practices and the most important sources of soft law:

  • An explanation of the National Institute of Standards and Technology (NIST) Cybersecurity Framework and information sharing environments from a former Department of Homeland Security official,
  • The views of the U.S. Secret Service on partnering with federal law enforcement and effective information-sharing,
  • The guidance of leading consultants about the appropriate steps to prepare for cybersecurity incidents,
  • The perspective of a leading insurance company on the evolving role of insurance in protecting companies from the financial losses associated with a successful cyber breach, and
  • The views of one of the most sophisticated incident response organizations on the proper elements of effective incident response.

Throughout the book, Cybersecurity: A Practical Guide to the Law of Cyber Risk includes practice tools developed during the hundreds of breaches that the authors have weathered with their clients. These valuable practice aids include checklists, an overview of the legal consequences of a breach, and a tabletop exercise.

If you’d like to order Cybersecurity: A Practical Guide to the Law of Cyber Risk, please email the PLI Library Help Desk or call 877-900-5291.

 

What’s New for August on Discover PLUS

 

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ANSWER BOOKS

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TREATISES

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TREATISES – SUPPLEMENTED

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COURSE HANDBOOKS

Children’s Law:

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Accounting:

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Professional Skills:

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If you’d like to order any of the above titles, please email the PLI Library Help Desk or call 877-900-5291.