Author Archives: Library Relations

What’s New for July

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 July!

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

PLI recently updated Cybersecurity: A Practical Guide to the Law of Cyber Risk.

Among the many developments in this fast-moving field that are reflected in this treatise release are:

  • General Data Protection Regulation: The EU’s new General Data Protection Regulation (GDPR), effective May 2018, applies to most companies that collect personal data from individuals in the EU. The GDPR sets forth requirements for maintaining substantive security safeguards and notifying the supervisory authority and impacted individuals of breaches, and provides for significant financial penalties for noncompliance.
  • OCIE Risk Alert pertaining to broker-dealers: In an August 2017 Risk Alert, the SEC Office of Compliance Inspections and Examinations summarized observations from its second cybersecurity survey of broker-dealers and investment advisers, and noted a number of areas
    where compliance and oversight merited attention, signaling the issues on which it intends to focus in its yearly examinations.
  • Regulation of cybersecurity in the financial services industry: The discussion in chapter 5, Cybersecurity in Regulated Sections, is expanded to cover additional governmental agencies and industry associations that regulate financial services.
  • Requirements for defense contractors: In September 2017, the Director of the Defense Pricing/Defense Procurement and Acquisition. Policy issued guidance that recognizes that NIST Special Publication 800-171 avoids mandating specific solutions and provides latitude to
    contractors for how they choose to implement security controls and assess their own compliance with cybersecurity requirements. The guidance is notable because it allows small businesses with limited IT or cybersecurity expertise to meet the requirements of the special publication.
  • Cybersecurity of Federal Networks and Critical Infrastructure: President Trump’s Executive Order 13800 directs a broad examination of cybersecurity vulnerabilities at federal agencies; it also reaffirms the Obama administration’s approach to cybersecurity protections for critical infrastructure, seeking to promote the growth and sustainment of the nation’s cybersecurity workforce in the public and private sectors.

The updated 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.

AALL 2018: Visit Us at Booth #324!

Next week, Practising Law Institute will be at the AALL Annual Meeting & Conference in Baltimore, Maryland, celebrating our profession and the experts who provide meaning to our organizations. We know with all the interesting sessions and networking events taking place, conference schedules get booked fast—so be sure to save some time to visit us at the PLI booth!

Stop by to chat with our team of experts exhibiting at the show! You can find us at booth #324, where you can enter our raffle giveaway for an one-year subscription to Ancestry.com, see a demonstration of PLI PLUS, and learn about exciting recent enhancements to the online research platform.

You’ll find us at booth #324, where you can chat with our team of experts, see a demonstration of PLI PLUS, and learn about exciting recent enhancements to the online research platform. And be sure to enter our raffle giveaway for a one-year subscription to Ancestry.com!

Also, don’t miss our Librarian Advisory Breakfast on Sunday, July 15th at 7:30am.  To reserve your spot, please email PLUS@pli.edu by July 13, 2018.

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Primary Law Links Now Available on PLI PLUS

Our subscribers asked, and we answered! The PLI PLUS platform now connects to primary law, powered by Fastcase links, providing PLUS subscribers with unlimited access to state and federal cases that are cited in PLI’s comprehensive library of treatises, answer books, course handbooks, and journals. PLI publications include such industry-leading works as Sack on Defamation: Libel, Slander, and Related Problems (Fifth Edition), and Friedman on Leases (Sixth Edition).

The results of our fall 2017 PLI PLUS Subscriber Satisfaction Survey revealed that access to primary law was the most requested feature. We are very pleased to be able to now offer primary law to all PLUS subscribers.

PLI continuously works to enhance how we develop and deliver the highest quality educational and professional content available through our hands-on, award-winning programs and comprehensive library of publications, both in print and online.  “As part of the PLI PLUS platform, links to primary law  will continue to evolve and provide PLUS subscribers with the information that best fits their needs in today’s ever changing legal marketplace,” said Ellen Siegel, Vice President, Print and Digital Publishing at PLI.

ABOUT PLI: Practising Law Institute is a nonprofit learning organization dedicated to keeping attorneys and other professionals at the forefront of knowledge and expertise.  The essence of PLI’s mission is a commitment to the pro bono community, with more than 98,000 scholarships awarded in the last year and more than 400 pro bono member organizations. Founded in 1933 by Harold P. Seligson, PLI provides the highest quality accredited, continuing legal and professional education programs in a variety of formats, which are delivered by more than 4,000 volunteer faculty including prominent lawyers, judges, investment bankers, accountants, corporate counsel and U.S. and international government regulators. For more information, please visit our website at www.pli.edu.

 

 

What’s New for June

 

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 June!

Treatise Update! How to Write a Patent Application

PLI recently updated the acclaimed How to Write a Patent Application.

Stocked with drafting checklists and sample drafting language, documents, and drawings, the third edition of How to Write a Patent Application walks you step by step through the entire process of preparing patent applications.

In this release, the author expands and updates your treatise with
practical information on the following topics and more:

  • Micro entity status: One commentator has suggested that micro entity status should never be claimed, because the costs will outweigh the benefits.
  • Expanded Collaborative Search Pilot Program: This release describes the basic requirements to quality for the program, which results in an expedited first office action, but no further expedited examination.
  • Patent agents: The Texas Supreme Court has recognized a patent agent–client privilege, although not all communications are protected (In re Silver).
  • Patentable subject matter—preemption: In Return Mail, Inc. v. U.S. Postal Service, the Federal Circuit noted that the issue of whether a claim completely preempts others from entering the field plays a part in analysis of whether the invention is patentable subject matter. The absence of preemption supports a determination that a claim is patent eligible, but the absence of preemption does not necessarily save a claim.
  • Indefiniteness—claims that are in two statutory classes: Claims that cover two statutory classes, such as a claim that covers both an apparatus and a method of using that apparatus, can be indefinite. However, using functional language to define the properties of an apparatus does not render the claims indefinite. According to the Federal Circuit, a claim that requires specific actions performed by the user rather than capabilities of the system is indefinite under 35 U.S.C. § 112 (MasterMine Software, Inc. v. Microsoft Corp.).
  • Writing the specification—background section: The author contraststwo separate philosophies as to what should be included in the background section: One is to include substantially nothing; the other is to make a sales pitch.
  • Design patent applications—cross-references: If appropriate, a design patent application can include a cross-reference section to related applications. The cross-reference section should also include any priority claim such as to previously filed design applications or even utility applications. However, a claim to a nonprovisional utility application cannot include a claim to priority of a provisional application from which the intermediate application claims priority.
  • Software patent applications—writing a specification defining subject matter eligibility: To avoid a subject matter rejection under Alice Corp Pty. Ltd. v. CLS Bank International, it is desirable that the claims contain limitations that satisfy subject matter eligibility requirements, with support for the claims in the specification. Accordingly, the author offers six drafting suggestions for the specification.
  • Biotechnology patent applications—presentation of nucleotide and amino acid sequences: Patent Office rules standardize the disclosure of nucleotide and amino acid sequences in biotechnology patent applications. The rules facilitate the examination and printing of detailed sequence information and do not alter the substantive requirements of the patent statute. Among other things, these rules require that all patent applications containing an unbranched sequence of four or more amino acids, or an unbranched sequence of ten or more nucleotides, contain a sequence listing. The sequence listing must be submitted in paper or compact disc form, as well as submitted in a computer-readable form (CRF) using standardized symbols and format. The rules are part of an international effort to facilitate the electronic transfer of sequence information for universal use.
  • Foreign patent applications—broadening claims: Practitioners should be aware that, in Europe, once an application has been filed, it is very difficult to broaden a claim. Thus a claim directed to elements A, B, and C may not be broadened to include just A and B, even if the specification specifically reports such an option. Accordingly, it is desirable in a first filing in many foreign countries, including in the European Patent Office, to include very broad claims.

The updated 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.

Librarian Advisory Breakfast at AALL

PLI cordially invites you to our Librarian Advisory Breakfast at the AALL 2018 Annual Meeting & Conference.

Practising Law Institute (PLI) will be holding a Librarian Advisory Breakfast at the AALL 2018 Annual Meeting & Conference in Baltimore. The breakfast will include an update on PLI PLUS, as well as a live demonstration of the database with a focus on new content and features.

SUNDAY, JULY 15, 2018
7:30 – 8:30 AM
Hilton Baltimore

Please email PLUS@pli.edu to RSVP and we’ll include location details with your confirmation.

We hope to see you in Baltimore!

Treatise Update! Sack on Defamation

Written by a U.S. Court of Appeals judge and cited by courts throughout the United States–including by the U.S. Supreme Court–Sack on Defamation delivers definitive legal, strategic, and tactical insight into libel, slander, and other defamation-related causes of action for both plaintiffs’ and defense attorneys.

Highlights of the new release include:

Context of allegedly defamatory statement: In McKee v. Cosby, the
plaintiff accused the defendant of defaming her in a letter by using her
published statements out of context. But the First Circuit, applying
Massachusetts law, concluded to the contrary, noting that the quotations
were “immediately followed by a hyperlink to the source article, allowing
readers to put [the plaintiff’s quoted] statements into proper context.”
Defamation of groups and group members: In Elias v. Rolling Stone
LLC, the Second Circuit, applying New York law, held that it was error
to dismiss a defamation cause of action brought by a group of fifty-three
members of a college fraternity, based on a false published statement
by the defendant that some nine of the fraternity’s then members had
committed or participated in a rape at their fraternity house.
Hepps doctrine—matters of public concern: The Texas Supreme Court,
in Brady v. Klentzman, has “recognized that even if the general subject
matter of a publication may be a matter of legitimate public concern,
some of the details may not be. But if a ‘logical nexus’ exists between
these details ‘and the general subject matter’ of the article, then they are
reasonably included as a matter of public concern.”
Opinion—emojis and emoticons: Digital media may well give rise to
a new context in which to decide whether a statement is fact or opinion.
One can guess that emojis and emoticons will, by their nature, ordinarily
be treated as nonactionable opinion or commentary. See § 4:3.1[A], at
note 121.1.
• Public officials: Persons held to be public officials include the director of
budget and finance for a public school system; a former town clerk who,
as such, “had the primary responsibility for organizing and issuing the
payroll for the town”; and the deputy manager of a U.S. shuttle projects
office partially responsible for overseeing the development and operation
of the propulsion systems for the ill-fated Challenger shuttle.
“Actual malice”—fictionalization: In Lovingood v. Discovery
Communications, Inc., a federal district court in Alabama found no
“actual malice” where a BBC docudrama broadcast under license by the
defendant contained an invented scene defamatory of the public-figure
plaintiff; “there is no evidence from which jurors could reasonably infer
that the . . . defendants had reason to doubt the accuracy of the scenes
in the . . . film or that the defendants’ failure to do more to investigate
the accuracy of the two scenes at issue evidences ‘an intent to avoid the
truth.’”
Absolute privilege—statements to federal authorities: Statements to
federal officials may also be entitled to absolute privilege. For example,
in Mangold v. Analytic Services, Inc., a divided panel of the Fourth Circuit
held that statements made by a government contractor in the course of
the investigation of an Air Force colonel’s dealings with the contractor
were absolutely privileged. The court saw the privilege as analogous
to immunity for testimony in court, before a grand jury, and to public
prosecutors.
Qualified privilege—charges of child sexual abuse: In Connecticut, by
statute, charges of child sexual abuse made to the Department of Children
and Families are entitled to qualified immunity.
Damages: Although the courts continue to monitor and sometimes limit
damage awards, there are still large libel verdicts that survive appellate
review, as a number of multi-million-dollar cases demonstrate.
Jurisdiction—New York long-arm statute: New York’s long-arm
statute includes exceptions that limit its application in defamation cases;
this favorable treatment of defendants in defamation cases has been held
by the Second Circuit, in a thorough opinion by Judge Walker, to be
constitutional, abridging neither the plaintiff’s First Amendment right to
petition nor his or her Fourteenth Amendment rights to equal protection
(Friedman v. Bloomberg L.P.).
Texas Defamation Mitigation Act: In addition to its anti-SLAPP statute,
Texas has enacted the Defamation Mitigation Act, which requires a
prospective plaintiff to make a request of the prospective defendant for a
correction, clarification, or retraction of offending allegedly defamatory
material before bringing a defamation action, unless the defendant has
made such a correction, clarification, or retraction without such a request.
Anti-SLAPP laws—Massachusetts, Maine: Recent cases interpret and
apply the anti-SLAPP statutes of Massachusetts (Blanchard v. Steward
Carney Hospital, Inc.) and Maine (Gaudette v. Mainely Media, LLC),
which are both aimed at protecting the constitutional right to petition,
rather than freedom of speech or of the press generally.

The updated 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.