Treatise Update – Securities Investigations: Internal, Civil and Criminal

Securities Investigations: Internal, Civil and Criminal (Second Edition) provides the legal knowledge and practical strategies necessary to deal effectively with government and internal investigations. The new release of the treatise extensively updates it with the most recent developments governing internal, civil, and criminal investigations involving potential violation of the securities laws. It also shares nuances and practical tips from experts in such investigations.

Key developments covered in the new release include:

“Property” and “Personal Benefit” under the Securities Statutes. Due to the U.S. Supreme Court vacating and remanding United States v. Blaszczak to the Second Circuit in light of Kelly v. United States, the question remains whether confidential information constitutes “property” under the securities statutes and how that may impact the holding that there is no personal benefit requirement in Title 18 cases. See Chapter 2 and Chapter 3 for discussion.

Cross-Border Regulation of the Financial Markets. See Chapter 13 for numerous new case summaries of SEC cross-border enforcement actions on insider trading, securities fraud, market manipulation, and the Foreign Corrupt Practices Act (FCPA).

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What’s New on PLI PLUS

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 October 2021!

Treatise Update – Faber on Mechanics of Patent Claim Drafting (Seventh Edition)

Faber on Mechanics of Patent Claim Drafting spotlights proven claim drafting practices and techniques that have been firmly established by patent authorities and custom. The treatise provides full coverage of U.S. Supreme Court and other court decisions critical to claim drafting. It is an indispensable guide for patent specialists/intellectual property attorneys, corporate counsel, patent agents, patent officials, and inventors.

This new release updates and expands the treatise with practical information and commentary on a variety of issues affecting patent claim drafting. Highlights include:

Chapter 1

Abstract ideas: For complete analysis and implications of XY LLC v. Trans Ova Genetics, see §§ 1:4.8 and 1:5.7.
Software Inventions: See §§ 1:4.2[A] and 3:29.7 for treatment of Rain Computer, Inc. v. Samsung Electronics America, Inc.

Chapter 2

Claiming contrary positions: See new § 2:15 for a discussion of Infinity Computer Products, Inc. v. Oki Data Americas, Inc., and how inconsistent statements by the patentee in the prosecution history could limit the scope of the claim language or render the claims invalid.

Chapter 3

Words of approximation: Section 3:19 is updated with a discussion of Par Pharmaceuticals, Inc. v. Hospira, Inc., in which the Federal Circuit said that “about” means approximately and is determined by using a functional approach, avoiding a strict numerical boundary, and confined to what one skilled in the art would consider to be “about” in the current case.
Singular and plural elements: § 3:11 discusses the meaning of the phrase “a plurality of.”
Means plus function: See new § 3:29.7[A] for a discussion of the implications of claiming elements in terms of function performed rather than physical structure in order to cover a broader range of structures.

Chapter 5

Product-by-Process Claims: Section 5:2 looks at Biogen MA Inc. v. EMD Serono, Inc., noting that the Federal Circuit is expanding product by process to cover a method of treatment claim that includes a product-by-process limitation.
Design claims: Section 5:4 notes that the patent office is considering whether design protection should extend to digital designs that do not require a display screen or other tangible article to be viewable.

Table of Authorities and Index

For this release, the Table of Authorities andIndex have been updated.

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Treatise Update – The Circular 230 Deskbook: Related Penalties, Reportable Transactions, Working Forms

The Circular 230 Deskbook is an essential compliance resource for every tax professional who practices before the IRS. It helps practitioners comply with complex Circular 230 amendments more easily — and avoid costly penalties and sanctions. In addition to demonstrating prescribed duties when advising clients in the preparation of tax returns, it offers quick-reference compliance tools.

This thirty-first release of The Circular 230 Deskbook updates the treatise with the latest developments in tax and estate law relating to IRS Circular 230. Highlights from the new release include:

Chapter 1, Deference: When the Court Must Yield to the Government’s Interpretation and Chapter 4, Circular 230 now include discussions on topics such as how there is no need for Administrative Procedure Act notice and comment in connection with listed-transaction notice and the “reasonable cause” defense under section 6676.
A new section 3:7.7, Injunctive Relief discusses the Supreme Court holding that, despite the Anti-Injunction Act, advisors can seek an injunction on the ground that a notice designating a transaction a Reportable Transaction is invalid.
An updated Table of Authorities and Index are included.

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Are You Using Search Alerts on PLI PLUS?

Search Alerts make it easy for lawyers, librarians, and legal professionals to stay up-to-date on legal developments. Set an alert on any search you run on PLI PLUS to receive an email notification when new content is added.

Learn more about this feature: Search Alerts PDF.

Treatise Update – Sinclair on Federal Civil Practice (Fifth Edition)

Sinclair on Federal Civil Practice gives quick and authoritative answers for issues arising in federal civil litigation and serves as a guide to the principal rules and tactical considerations guiding lawsuits in the federal courts. This two-volume treatise explains the layout of the court system and the nature of its key personnel, jurisdiction and venue principles, and the sequence of litigation. It also provides insight into the rationale of the rules by citing the key interpretive cases and offering court-tested practice tips.

Highlights of the new release include:

Updates to the Additional Resources and Compendium of Recent Cases (Vol. 1 & Vol. 2): Numerous recent law review articles are added to the Additional Resources section at the end of each chapter, and the chronological circuit-by-circuit Compendium of Recent Cases is updated for each volume.

Section 2:8.1[D] Personal jurisdiction / minimum contacts: Discusses a 2021 Supreme Court decision on the issue of whether personal jurisdiction was appropriately exercised over a vehicle manufacturer incorporated in Delaware and headquartered in Michigan for claims that arose from severe injuries and death suffered as a result of accidents in Montana and Minnesota. The vehicles were previously owned, purchased by the plaintiffs at subsequent resales, and brought into Montana and Minnesota from other states.

New section 8:2.4 Standard of review for Rule 12 motions: A new section discusses the standards of review for a motion to dismiss under Rule 12(b)(6) and a motion for judgment on the pleadings under Rule 12(c). Federal appellate courts disagree as to whether a different standard of review applies to a motion to dismiss brought under Rule 12(b)(1), which challenges the subject matter jurisdiction to hear the claims at issue.

New section 8:2.8 Trial motions: A new section analyzes the motion for judgment on partial findings pursuant to Rule 52(c) and the motion for judgment as a matter of law pursuant to Rule 50(a) or 50(b). While both motions are aimed at expediting trials, they have distinct differences that litigators need to consider, including the type of proceeding (jury or non-jury) in which the motion is available and the applicable standard of review.

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Treatise Update – Mergers, Acquisitions and Tender Offers: Law and Strategies — Corporate, Securities, Taxation, Antitrust, Cross Border

Mergers, Acquisitions and Tender Offers provides battle-tested, real-world advice on the entire M&A process. Packed with best practices, planning tips, checklists, and sample documents/agreements, this treatise offers comprehensive coverage of all aspects of the deal for domestic and cross-border mergers.

Highlights of the new release include:

Section 1:7, “The Current M&A Scene,” presents recent data and information on the state of the M&A marketplace.
Section 2:1.2, “The Impact of COVID-19 on Drafting and Interpreting M&A Agreements,” provides a discussion of issues arising from the pandemic in the drafting of corporate acquisition agreements.
Section 4:5.12[D][4], “Recent Approaches to Determine Fair Value—AXA, Hanover, Golden, Ancestry, Dell, Ramtron, Merion, PetSmart, SWS, Sprint, DFC, Aruba, AOL, Solera, Stillwater, SourceHOV, Panera, Jarden, and Synapse,” briefly discusses several recent appraisal cases.
Section 5:5.2[B][16], “The Pill During COVID,” discusses the Williams Companies case in which the court enjoined a poison pill adopted by the company during the COVID-19 crisis.
Section 6:9, “Introduction to Special Purpose Acquisition Companies (SPACs),” introduces the fundamentals of SPACs and analyzes deal documents.
Section 9:1.4, “President Biden’s Business Tax Proposals,” looks at positions President Biden took on various tax issues during the campaign for the presidency in 2020.
Section 10:7, “Introduction to the SEC’s M&A Accounting Rules When the Consideration Is Stock and Cash; Followed by a Policy Prescription,” briefly explains the SEC rules governing financial disclosures in M&A transactions.
New summary updates to Volume 3 discuss some of the changes that will be made to chapters 14 through 28 in the next version of the treatise which will reflect developments after June 1, 2019.

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What’s New on PLI PLUS

Click here to see what we added in September 2021!

Treatise Update: Hillman on Documenting Secured Transactions

As case law exposes costly and needless drafting errors and as courts wrestle with applying a complex law to increasingly intricate deals, Hillman on Documenting Secured Transactions: Effective Drafting and Litigation aims to share best practices in documenting secured transactions within the broad legal framework and to maintain its role as the leading practical guide for attorneys drafting and litigating under Article 9 of the Uniform Commercial Code.

Updated content from the new release includes:

Expanded § 2:4, Rights in the Collateral, explains that a debtor may not grant a security interest in property that is in custodia legis even if the property belongs to the debtor.
Expanded § 3:8.2, Leases Under Current Law, discusses how excise tax cases may provide useful guidance on whether the economic realities of the transaction make it a lease or a secured loan.
Expanded § 14:3, Generic and Other Broad Descriptions, explores the risks in using terms that are similar, but not the same as, the Code generics.
Expanded § 19:2.2, The Superior Rights of Purchase-Money Secured Parties, explains that the starting date of the twenty-day clock for a PMSI claimant to perfect depends on whether the debtor receives the goods in a single lot or in multiple lots on different days.

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Meet Our AALL 2021 Raffle Winner: Annie Mellott

At AALL’s 2021 Virtual Conference in July, PLI raffled off a one-year membership to MasterClass. This year’s winner is Annie Mellott, acquisitions librarian at William M. Rains Library at Loyola Law School in Los Angeles. Annie graciously agreed to be interviewed about her career in law librarianship for this blog.

Tell us a little about yourself. Why did you become a librarian?
I’ve always been drawn to learning and education throughout my own studies. While getting my MA in Religious Studies, I started working in the library. I realized it was a perfect fit for me career wise because it allowed me to be in an educational environment while helping the community of students, faculty, and staff during their own research projects.

What do you like most about your job as acquisitions librarian at Loyola Law School?
I love working in the background of the library to provide everyone with what they need. It feels really useful to be able to make information accessible to our patrons so that they have the smoothest experience possible while at Loyola Law School.

Which PLI publication do you most frequently recommend to students and/or faculty?
Honestly, I don’t do much recommending as an acquisitions librarian! We have the Loyola Immigrant Justice Clinic here and make sure to keep Fragomen on Immigration Fundamentals on standing order so it’s always available for their reference.

What did you think of this year’s conference? What was the highlight for you?
I thought this year’s conference went really well. I’m impressed with the online format working pretty seamlessly and loved the pre-recorded sessions and transcripts that I could revisit. It was also fun visiting the vendors in a safe way this year. I do miss the social and networking opportunities an in person conference allows us, but I’m glad we could convene safely.