We are pleased to announce the newest journal from PLI Press, PLI Current: White Collar Practice Journal. This journal is the first in a series of new journals from PLI Press dedicated to coverage of key practice areas. It will be published at least twice each year and features original articles written by the leading experts in this field—practicing attorneys, judges, scholars, and others, including PLI Press’s highly acclaimed authors and CLE faculty members—dedicated to bringing you expert commentary and analysis of developments in financial crimes and related issues.
Articles in this premier issue include:
- An Assessment of the Impact of the Foreign Corrupt Practices Act over Its Forty-Year History, Don Zarin (Holland & Knight LLP)
- Challenging the DOJ’s Accomplice Liability Strategy for Reaching Foreign Conduct in International Bribery Schemes, Colin R. Jennings, Steven A. Delchin (Squire Patton Boggs LLP)
- Private Ownership and Public Trust: Combating Money Laundering by Requiring Beneficial Owners to Disclose Their Interests, Nicole Healy (Ropers Majeski Kohn & Bentley PC)
- Cooperate and Risk Waiver? Balancing the Benefits of Government Cooperation with the Risks of Privilege Waiver in Conducting Internal Investigations, Melinda Haag, Rachel Muoio (Orrick, Herrington, Sutcliffe LLP)
- Double Whammy: How the Landscape of Insider Trading Law Has Been Altered by the Second Circuit’s Martoma Decision and Prosecutors’ Creative Tactics Since Newman, Eugene Ingoglia, Tobias Fischer (Allen & Overy LLP)
This journal is available on PLI PLUS, our online research database. If you’d like to purchase a print copy, please email email@example.com or call 877.900.5291.
Insider Trading Law and Compliance Answer Book is an easy-to-use guide to the reach of the insider trading laws, the specifics that must be proved in court, the available defenses, the penalties, the current approaches taken by the SEC and the Department of Justice to insider trading violations, and the best compliance policies and procedures for firms to enact to minimize the chances of a violation.
More than two dozen experts at Schulte Roth & Zabel LLP share their knowledge in clear and succinct question-and-answer format. Updated with the latest key court decisions, the book provides timely and practical information for investors, corporate insiders, professional traders, investment advisers, broker-dealers, and other participants in the securities industry, as well as insights and analysis for the lawyers who advise and represent them.
Some highlights of the 2019 Edition:
- New chapter: Insider Trading Law and Commodity Interests. Recent rulemaking and high-profile CFTC enforcement actions have made it clear that market participants and their counsel must be familiar with insider trading law as it applies to the commodity futures and derivatives markets. This new chapter explains the prohibitions on insider trading in the commodity futures market, compares the statutory provisions of the Commodity Exchange Act and the Securities Exchange Act, compares CFTC Rule 180.1 and the SEC Rule 10b-5, and discusses two recent “plant-the-flag” enforcement actions.
- Are cryptocurrencies securities? In answering that question, the SEC signaled it will apply the “investment contract” test from Howey. Under that test, cryptocurrencies themselves might not be securities, but ICOs or other products sold to investors using cryptocurrencies as the underlying asset would be.
- Nonpublic information and the Internet. See chapter 7 for new discussion of whether an issuer’s website can be a “recognized channel of distribution” for disclosures and whether information disclosed via social media is considered public.
This answer book is available on PLI PLUS, our research database. If you’d like to order a print copy, please email firstname.lastname@example.org or call 877.900.5291.
Corporate Political Activities Deskbook provides a thorough grounding in the current state of the law on federal and state campaign finance, pay-to-play, lobbying, gift compliance, and more. It serves as a practical manual for in-house attorneys and others who advise corporations about involvement in the political process, suggesting ways that corporations can utilize the available avenues of interacting with the government while avoiding negative press and legal and regulatory attention.
Among the developments discussed in the new 2018 edition are:
- Trump ethics pledge: Non-career political appointees to the executive branch of the Trump administration must sign an ethics pledge. The “Trump Pledge” replaces a similar ethics pledge that President Obama required for appointees, but with some key differences: The pledge covers prohibition on the acceptance of gifts from registered lobbyists and restricts appointees from working on matters involving a former client or employer for which the appointee worked, or on which the appointee lobbied, in the previous two years. The pledge also imposes certain restrictions on lobbying activity on appointees upon leaving government service.
- Ban on contributions by federal contractors: In Wagner v. FEC, a federal contractor was fined a $34,000 civil penalty for a $200,000 contribution to a “super PAC,” which the Federal Election Commission (FEC) found to have violated the ban on federal contractor contributions under Federal Election Campaign Act. The penalty is significant because while the FEC previously suggested that the federal contractor ban applied to super PAC contributions, it had not previously found actual violations to have occurred, leaving open some question regarding the FEC’s appetite for imposing penalties for such contributions.
This essential and timely treatise is available on PLI PLUS, our research database. If you’d like to order a print copy, please email email@example.com or call 877.900.5291.
Depositions are the key component of all litigation matters that survive a motion to dismiss, allowing parties to discover the legal and factual theories of their opponent and to explore the validity of their own case theories and themes. What litigants learn from depositions can guide critical strategic decisions such as whether to settle (and, if so, at what value) or proceed to trial.
The newest answer book title from PLI Press, Depositions Answer Book draws on author Thomas Jackson’s decades of experience in antitrust, business, securities, IP and other litigation to help you master the crucial deposition process, delivering practice-based guidance on:
This essential new title is available on PLI PLUS, our online research database. If you’d like to order a print copy, please email firstname.lastname@example.org or call 877.900.5291.
The latest edition of the Library Ledger is now available!
In this edition, we highlight the latest feature on PLI PLUS–Case Law Links! We also showcase PLI PLUS enhancements throughout the years as well as new content added in 2018. Lauren Allshouse, our Library Relations Manager, discusses this year’s AALL conference in Baltimore, Maryland.
Looking for an older edition? The complete archive of the Library Ledger is available here.
Since the publication of its first edition in 1988, Commercial Ground Leases has been helping real estate professionals draft, negotiate, and finalize equitable, error-free commercial ground lease documents that address the needs of both landlord and tenant, providing clear explanations of complex issues in a framework that makes each individual subject easy to find. This one-stop volume also includes several valuable appendices that offer time-saving sample agreement language.
Commercial Ground Leases covers all the critical areas that participants in a commercial real estate development project need to know about in order to resolve any ground lease issues that may arise.
Recent updates to the third edition include:
–Chapter 4, Tenant Financing: General Updated section 4:5.3 reviews the risks posed by leasehold mortgages to the landowner.
–Chapter 6, Leasehold Financing A new section, 6:7.1[G], reviews the inclusion in the ground lease and in leasehold mortgage documents of a waiver by the ground lease tenant/borrower of any rights to a claim for damages against either the landowner or any leasehold mortgagee arising from any new lease into which they may enter.
–Chapter 7, Bankruptcy Updated section 7:3.2[C] reviews stub rent and whether the past due rent for the entire month is treated as unpaid pre-petition rent or if the portion of the rent attributable to the period after the filing date to the next rent due date is includible as a priority administrative expense.
This title is available on PLI PLUS, our research database. If you’d like to order a print copy, please email email@example.com or call 877.900.5291.
PLI recently published a new title, Arbitrating Commercial Disputes in the United States.
Bringing or defending commercial arbitrations requires a clear grasp of the latest developments in the field, a practical understanding of how the arbitration process works, and knowledge of how the courts interpret and enforce arbitration agreements and treat arbitral awards. And participating in an arbitration demands a distinctive set of skills, different from those learned in the courtroom.
In Arbitrating Commercial Disputes in the United States, author/editor David Singer and his contributors—many of them arbitrators, and all of them deeply familiar with the arbitration process—provide the information and insights that will help readers master commercial arbitration.
Citing hundreds of cases, as well as drawing upon the extensive experience of the contributors, this book addresses the strategies that lead to success.
This essential new treatise is available on PLI PLUS, our research database. If you’d like to order a print copy, please email firstname.lastname@example.org or call 877.900.5291.
We add content to PLI PLUS every month to ensure our subscribers have access to the most up-to-date and relevant secondary source legal documents. Renowned legal experts regularly update our acclaimed Treatises, Course Handbooks, Answer Books, Transcripts and Forms to reflect recent changes and developments in the law.
Click here to see what we added in September!
PLI recently published the 2018 edition of Medical Devices Law and Regulation Answer Book, in which more than thirty contributors from various law and consulting firms share their expertise regarding the wide range of topics encountered in this heavily regulated field.
This book provides in-depth coverage of individual FDA programs that govern everything from conducting clinical trials, preparing successful premarket submissions, adhering to quality system requirements, and fulfilling post-market obligations and more. Presented in a question-and-answer format, this guide also discusses related topics that have a marked impact on the medical devices industry, such as intellectual property, product liability, and reimbursement.
Medical Devices Law and Regulation Answer Book is designed to distill the essential elements of this complex regulatory environment and provide a practical guide to the complexities of FDA regulation of medical devices. It is a practical, in-depth reference for all lawyers, consultants, and companies operating in the medical devices sector, as well as all companies contemplating entertering it .
This updated answer book is available on PLI PLUS, our research database. If you’d like to order a print copy, please email email@example.com or call 877.900.5291.
PLI recently updated Financial Product Fundamentals: Law, Business, Compliance (Second Edition).
To provide attorneys, compliance personnel, and business professionals with legal, regulatory, and procedural guidance regarding the various financial products, Clifford E. Kirsch has edited Financial
Product Fundamentals, which compiles his expertise as a noted practitioner in the areas of securities regulation and compliance, together with valuable contributions from other distinguished authorities in these practice areas.
Highlights of the latest version include:
- Chapter 2: Limited Offerings and Private Placements. Updated to reflect recent amendments to Rule 504 under Regulation D that increase the aggregate amount of securities that may be offered and sold in any twelve-month period, and disqualify certain bad actors from relying on Rule 504.
- Chapter 12, International Investment Funds. Commodity Futures Trading Commission (CFTC) registration analysis for commodity pool operators and commodity trading advisors (CTAs), as
well as the exemptions from registration as a CTA pursuant to Rules 4.14(a)(4), 4.14(a)(5), and 4.14(a)(8).
- Chapter 17, Exchange-Traded Funds. New discussions covering ETF distribution and associated fees, Authorized Participants and Authorized Participant Agreements, and marketing and advertising considerations for ETFs. Discussion updated to include recent regulatory developments regarding listing standards, reporting requirements and risk disclosures, and the Liquidity Rule’s application to In-Kind ETFs.
- Chapter 19, A Primer on Derivative Contracts and Their
Regulation. Updated discussion follows the actions of the CFTC and SEC in addressing the many Dodd-Frank issues under their respective jurisdictions to regulate the swaps marketplace.
- Chapter 24, Exchange-Traded Notes and Similar Structured
Notes. New discussion covers issues with respect to other types of structured notes that are not listed on securities exchanges.
- New Chapter 27, Interval Funds. New discussion places interval funds in their regulatory framework, and covers issues associated with their operation and distribution, as well as the investment strategies utilized by these funds.
This essential title is available on PLI PLUS, our online research database. If you’d like to order a print copy, please email firstname.lastname@example.org or call 877.900.5291.