Author Archives: Annie Coreno

Treatise Update – Faber on Mechanics of Patent Claim Drafting

Faber on Mechanics of Patent Claim Drafting (Seventh Edition) spotlights proven claim drafting practices and techniques that have been firmly established by patent authorities and custom. This lucid, time-saving handbook offers readers start-to-finish directions for every type of claim, numerous tips on how to avoid common mistakes, definitions and preferred usage of stylized words and phrases in patent law, and more.

The latest release updates and expands this treatise with practical information and commentary on a variety of topics, including:

  • Software Inventions: New discussion of the Federal Circuit’s decisions in Tenstreet LLC v. DriverReach LLC, Uniloc USA, Inc. v. LG Electronics USA, Inc., Customedia Technologies, LLC v. Dish Network Corp., Ubisoft Entertainment, S.A. v. Oy, and Dropbox v. Synchronoss. See § 1:4.2[A].
  • Laws of Nature: New analysis of Illumina, Inc. v. Ariosa Diagnostics, Inc., a method of preparation case in which the Federal Circuit found a procedure that exploits natural phenomenon to be patent-eligible. See §§ 1:4.4 and 1:4.6.
  • Methods of Treatment: New commentary on CardioNet v. Infobionic in which the Federal Circuit has shown that diagnosis techniques involving improved devices or laboratory techniques may be patent-eligible. See § 1:4.6[A].
  • Preamble: New discussion of Shoes by Firebug LLC v. Stride Rite Children’s Group, LLC in which the Federal Circuit concluded that the “textile” preamble was not limiting because the body of the claim was a structurally complete invention without the preamble but that, in another patent, the preamble was limiting because the body of the claim recited footwear and cited the preamble for an antecedent basis for footwear. Also discussed is Bio-Rad Labs, Inc. v. 10X Genomics Inc. in which the Federal Circuit held that the preamble may not be divided into separate portions but must be read together as a whole. See § 2:4.
  • “Consisting essentially of”: New analysis of PPG Industries v. Guardian Industries Corp. in which the Federal Circuit said that, despite its indefiniteness, “consisting essentially of” has a definite meaning when used in the description of a composition that includes listed ingredients that follow the phrase. See § 2:6.
  • Order of Elements: A new section discusses challenging an obviousness rejection premised on the Burhans rule when the prior art does not teach of limitation of the claimed process. See § 3:21.
  • Use of “Means for” or “Step for”: New discussion of Fiber LLC v. Ciena Corp. and whether the definiteness requirement of section 112(f) is satisfied when a means-plus-function structure is incorporated by reference. See § 3:29.2.

Order a print copy today. PLI PLUS subscribers can access this title through their subscription.

Treatise Update – Circular 230 Deskbook

The Circular 230 Deskbook is an essential compliance resource for every tax professional who practices before the IRS, helping practitioners comply with complex Circular 230 amendments more easily — and avoid costly penalties and sanctions. This treatise was recently updated to include analysis of the latest developments in tax and estate law relating to IRS Circular 230 including the following:

  • Discussion of conflicting 2020 decisions on whether a penalty under section 6707A is void if the IRS notice designating the transaction as a listed one is issued without notice and comment in violation of the Administrative Procedure Act (Michigan) or if that argument can only be pursued in a refund action (Arizona) (See Chapter 1 and Chapter 3).
  • Examination of the difference between the “substantial authority” (having a 40% chance of success on the merits) and “reasonable basis” (where a taxpayer cannot be found negligent if its tax position has a 20% chance of success on the merits) standards under section 6694 (See Chapter 4).

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

New Title! Master the Proxy Statement

PLI Press is pleased to announce the publication of Master the Proxy Statement.

This standalone handbook  is a step-by-step guide to preparing proxy solicitation materials in compliance with the Securities Exchange Act of 1934, Regulation 14A, Schedule 14A, and all applicable federal securities laws and regulations. Like its counterparts Master the 8-K and Master the 10-K and 10-Q, this thorough book draws on the expertise of author Gary M. Brown to deliver clear explanations, detailed guidance and essential practice tips.

Order a print copy today. PLI PLUS subscribers can access this title through their subscription.

Other PLI Press Treatises by Gary M. Brown:

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 February!

New Title! Schwartz on Section 1983

PLI Press is proud to announce the publication of the new treatise Schwartz on Section 1983: Law and Commentary.

Professor Emeritus of Law Martin A. Schwartz, one of the nation’s leading experts on Section 1983 litigation, examines the essential aspects of Section 1983 law. His treatise is carefully organized to follow the progression of Section 1983 litigation. Comprehensive and incisive discussions provide practitioners with the guidance they need to successfully deal with all aspects of litigation. Throughout the chapters, Schwartz provides invaluable “Practical Commentary” in which he shares personal observations from over 50 years of litigating, consulting, teaching, and writing about the law of Section 1983, as well as advice through each step of litigation, including in:

  • Determining whether to assert a claim in federal or in state court
  • Determining whether to name an official in her personal or official capacity, or in both capacities
  • Evaluating false arrest, malicious prosecution, and other related claims
  • Understanding the standard of judicial review governing the plaintiff’s equal protection claim and the litigation significance of that standard
  • Evaluating whether a claim has factual or legal basis or a realistic chance of success to name a municipal entity as a defendant
  • Understanding the separate issues of supervisory liability and municipal liability
  • Understanding the various abstention doctrines that provide defendants’ attorneys with a wide array of potential defenses that can lead to dismissal of a federal court action and a stay of federal court proceedings
  • Understanding the law governing remedies

Providing essential insight into the complex statue and accompanying case law, this is an indispensable resource for practitioners.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

Popular Titles on PLI PLUS

The tallies are in. Here are the popular Treatises and Answer Books on PLI PLUS right now.

10 Popular Titles:

  1. The Corporate Tax Practice Series
  2. The Partnership Tax Practice Series
  3. Private Equity Funds
  4. Mergers, Acquisitions & Tender Offers
  5. Investment Adviser Regulation
  6. Stepping It Up: A Guide for Mid-Level Law Firm Associates
  7. Exempt and Hybrid Securities Offerings
  8. An Associate’s First Year: A Guide to Thriving at a Law Firm
  9. Sack on Defamation
  10. Public Company Deskbook

Popular Banking Titles:

  1. Mutual Funds and Exchange Traded Funds Regulation
  2. Working with Contracts
  3. Hillman on Commercial Loan Documentation
  4. Asset-Based Lending
  5. Equipment Leasing-Leveraged Leasing

Popular Corporate & Securities Titles:

  1. The Corporate Tax Practice Series
  2. Private Equity Funds
  3. Mergers, Acquisitions & Tender Offers
  4. Investment Adviser Regulation
  5. Exempt and Hybrid Securities Offerings

Popular Intellectual Property Titles:

  1. Sack on Defamation
  2. How to Write a Patent Application
  3. Proskauer on Privacy
  4. Patent Law
  5. Kane on Trademark Law

Popular Litigation Titles:

  1. Stepping It Up: A Guide for Mid-Level Law Firm Associates
  2. Sack on Defamation
  3. Depositions Answer Book
  4. COVID-19 and Other Pandemics
  5. Securities Litigation

Popular Real Estate Titles:

  1. Friedman on Leases
  2. Commercial Ground Leases
  3. Hillman on Commercial Loan Documentation
  4. Friedman and Smith on Contracts and Conveyances of Real Property
  5. Holtzschue on Real Estate Contracts and Closings

Popular Tax & Estate Titles:

  1. The Corporate Tax Practice Series
  2. The Partnership Tax Practice Series
  3. Mergers, Acquisitions & Tender Offers
  4. The Partnership Tax Practice Series (2018 Edition)
  5. Proskauer on Privacy

Popular Employment Titles:

  1. Proskauer on Privacy
  2. COVID-19 and Other Pandemics
  3. Fragomen on Immigration Fundamentals
  4. California Consumer Privacy Act  Annotated
  5. Legal Guide to the Business of Marijuana

Insurance Law Webinar – Tuesday!

Please join us on Tuesday, January 26 at 3:00 p.m. ET for a brief demo highlighting the Insurance Law resources available on Practising Law Institute’s (PLI) online research database, PLI PLUS. Led by PLI’s Associate Director of Library Relations Kay Mitchell, this 30-minute demo will cover popular Insurance Law titles and review research scenarios to demonstrate key features of PLI PLUS.

POPULAR INSURANCE LAW TITLES AVAILABLE ON PLI PLUS INCLUDE:

This demo is part of our ongoing webinar series. Each month we highlight PLI’s resources in a different practice area while also demonstrating the overall functionality of the research database.  For registration and a list of upcoming webinars, visit PLI Practice Area Webinars.

Treatise Update – Public Company Deskbook

Public Company Deskbook: Complying with Federal Governance & Disclosure Requirements (Third Edition) provides expert counsel on how to deal effectively with the overlapping legislative, regulatory and private initiatives to reform public company governance and disclosure practices over the past decade.

Highlights of from the latest update–Release #12– include:

  • Updates to Chapter 2A, Annual Meeting Timeline and Script, to reflect the dates relevant to the 2021 proxy season.
  • Updates to Chapter 2F, Rule 14a-8 Shareholder Proposals, to reflect lessons learned from 2020 for the 2021 proxy season, including shareholder proposals and SEC no-action relief.
  • Updates to Chapter 5B, Stock Exchange Annual Reporting and Compliance Certifications, and Chapter 5D, Stock Exchange Interim Reporting and Compliance Affirmations, to reflect the revised forms of NYSE annual and interim reporting and compliance affirmations.
  • Updates to Chapter 5E, Website Disclosures, to reflect changes to various required or permitted disclosures.
  • Updates to Appendix L, Private Sector Corporate Governance Recommendations and Voting Policies, to reflect current voting policies of major institutional investors.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

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 December.