Author Archives: Alexa Robertson

New Edition! Corporate Political Activities Deskbook (2018 Edition)

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 libraryrelations@pli.edu or call 877.900.5291.

 

New Title! Depositions Answer Book

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 libraryrelations@pli.edu or call 877.900.5291.

 

Library Ledger, March 2018, Volume 6, Issue 2

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.

 

Commercial Ground Leases: Now in its 30th Year!

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 libraryrelations@pli.edu or call 877.900.5291.

 

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

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7 Techniques for Speeding Up Your Patent Filing Process

Jeffrey G. Sheldon’s How to Write a Patent Application (Third Edition) provides expert insight and guidance on the full patent application process. Here are Sheldon’s 7 tips to speeding up the patent filing process:

  1. File the inventor’s original disclosure document or draft scientific paper as a patent “application” by adding an abstract and a single claim. Although such an application would be nowhere near the quality of an application prepared using the procedures of this book, assuming that the disclosure by the inventor satisfies the basic requirements of 35 U.S.C. § 112, at least a filing date will be obtained. Moreover, even if the application does not satisfy the U.S. disclosure requirements of 35 U.S.C. § 112, it may be sufficient for many foreign countries. This basic application can then be converted into a quality application by filing a continuation-in-part application as promptly as possible. Clearly this approach gets an early filing date. However, one disadvantage is the increased cost of filing two applications. Another disadvantage is that the one-year priority date for filing in foreign countries begins to run on the date of filing of the first application, which means that the decision of whether to file a foreign application needs to be made earlier, and costs associated with filing foreign applications are incurred earlier.
  2. During the initial meeting with the inventor, draft at least the broadest claim, and preferably some of the dependent claims. As discussed below, preparation of the claims is the most critical and difficult part of an application. It is efficient and effective to prepare the claims when the inventor is readily available to provide instant feedback and while the patent practitioner’s mind is freshly acquainted with the merits and novelty of the invention.
  3. Forego a novelty search, or have the novelty search done in parallel with drafting the application. As discussed in chapter 5 of the book, novelty searches are often ordered before preparing a patent application. However, when time is of the essence, it may be necessary to forego the novelty search, or conduct it in parallel with preparation of the application. When the novelty search is conducted while the application is being prepared, once the search results are available, the application can be polished and the claims modified as required, based on the search results.
  4. Order the drawings as soon as possible. Preparation of the drawings can be the longest lead-time item due to the schedule of draftsmen. Get the drawings on order promptly.
  5. Do not wait for the drawings to prepare the application. Many practitioners wait until the drawings are available before beginning the application. An advantage of this procedure is that the reference numbers can be placed on the drawings as the specification is prepared. However, when it is important to file promptly, rough sketches of the invention can serve the same purpose for preparation of the application. Although some time is lost when the reference numbers are added to the draftsman’s drawings, that lost time can be sacrificed when filing early is important.
  6. Use the inventor’s drawings or drawings prepared by the patent practitioner for filing. The inventor may have some drawings of the invention, or the patent practitioner may be a sufficiently skilled draftsman to prepare rough sketches. If those sketches are sufficient for filing, they can be used for that purpose when it is important to file early. Formal drawings can be prepared later by a skilled draftsman.
  7. File the application without the formal papers, including the declaration. A week or more can be lost while the inventor reviews the application and signs the declaration and other papers. It is possible to file without the declaration and formal papers. A disadvantage is that the Patent Office charges a surcharge for filing the application piecemeal. Another possible disadvantage is that the inventor or inventors may have problems with the application and not like it. If the claims are not satisfactory, it may become necessary to file a preliminary amendment under 37 C.F.R. § 1.115, which adds to the expense of filing the application. If something is incomplete or inaccurate in the specification, then it may become necessary to file a continuation-in-part application. In the latter instance, the original filing date may be lost, and thus the fees incurred for filing the first application would have been for naught.

 

TO LEARN MORE ABOUT THE PATENT FILING PROCESS, READ:

How to Write a Patent Application (Third Edition) Jeffrey G. Sheldon (Leech Tishman Fuscaldo & Lampl, LLC)

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6 Temporary Detention Tips for Defense Attorneys

John L. Weinberg’s Federal Bail and Detention Handbook 2016 offers insightful advice on temporary detention. Below, find Judge Weinberg’s six temporary detention tips for Defense Attorneys:

  1. Prior to the initial appearance, gather as much information as possible as to whether the case is appropriate for entry of an order of temporary detention. Be prepared to argue these issues at the initial appearance. Determine also, if possible, whether the other court or INS intends to place a detainer or has already done so.
  2. If the U.S. Attorney moves for temporary detention at the initial appearance, be prepared to present any available challenge to its eligibility, under either half of Sec. 3142(d).
  3. Be prepared to propose and defend a specific duration of temporary detention. Whatever duration is set, ask the court to schedule a further hearing on release or detention for the day the temporary detention order expires.
  4. Decide whether you will move for pretrial detention, which extends beyond any period of temporary detention. If so, make this motion as well at the initial appearance. The court should set the hearing for the last day of the period of temporary detention.
  5. If at the initial appearance the court has ordered temporary detention, contact the other court or agency promptly thereafter. Attempt to persuade the other authority to decline to seek custody of defendant.
  6. If a detainer is lodged or if the other authority declines to proceed before the order of temporary detention expires, contact the court and attempt to reschedule the bail status hearing for an earlier date.

 

TO LEARN MORE ABOUT TEMPORARY DETENTION TIPS, INCLUDING ADVICE FOR U.S. ATTORNEYS, READ:

Federal Bail and Detention Handbook 2016 John L. Weinberg (U.S. Magistrate Judge for the Western District of Washington at Seattle)

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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 — ›

PLUS Advisory Council

Your feedback is requested!

We at PLI worked closely with the legal research community to develop our online legal research database. Now we have created the PLUS Advisory Council to continue to work with you as the product evolves.

The PLUS Advisory Council is an advisory group of Discover PLUS customer members that provides input to PLI on product direction for the PLUS legal research database. The Council submits and reviews enhancement requests, and determines the validity and value of each request. The Council then makes recommendations to PLI to help with future planning and better prioritize the enhancements made to the PLUS platform.

PLI will communicate primarily through email to accommodate members’ schedules. Participation is voluntary. If you are interested in participating, or would like additional information, please write PLUS@pli.edu.

The Corporate Tax Practice Series and The Partnership Tax Practice Series: Archival versions now available on Discover PLUS

The Corporate Tax Practice Series with over 485 chapters written by more than 435 of the world’s leading tax practitioners, including former Internal Revenue Service and Department of Treasury officials, and The Partnership Tax Practice Series with more than 320 articles written by over 290 prominent partnership tax practitioners, are the most frequently accessed treatises on Discover PLUS.

These two titles started out as Course Handbooks and were converted to Treatise format in 2010; we are pleased to announce that we are adding the complete archive to Discover PLUS! The work on the Course Handbook archive has been underway and as of today, the Treatise archive is also available. This is a phased project – you’ll notice that we added the files back to 2012; the 2011 and 2010 files will be added before the end of the year.

How do I access this content?

If you are a Discover PLUS subscriber, you can click into the title and then click on the Related Items tab.

Click here to see The Corporate Tax Practice Series

Click here to see The Partnership Tax Practice Series

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