Category Archives: New Title!

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

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The many recent sophisticated cyber threats—from hacktivists and empowered insiders to organized criminals and state-sponsored cyber attacks—means that the task of managing cyber risks, once the near-exclusive realm of IT professionals, is now also borne by attorneys, senior executives, and directors. PLI’s new Cybersecurity: A Practical Guide to the Law of Cyber Risk provides the practical steps that can be taken to help your clients understand and mitigate today’s cyber risk and to build the most resilient response capabilities possible.

Cybersecurity: A Practical Guide to the Law of Cyber Risk provides a comprehensive discussion of the complex quilt of federal and state statutes, Executive Orders, regulations, contractual norms, and ambiguous tort duties that can apply to this crucial new area of the law. For example, it describes in detail:

  • The leading regulatory role the Federal Trade Commission has played, acting on its authority to regulate “unfair” or “deceptive” trade practices;
  • The guidance issued by the SEC interpreting existing disclosure rules to require registrants to disclose cybersecurity risks under certain circumstances;
  • The varying roles of other regulators in sector-specific regulation, such as healthcare, energy, and transportation; and
  • The impact of preexisting statutes, such as the Computer Fraud and Abuse Act and the Electronic Communications Privacy Act, on current cybersecurity issues.

In addition, the authors of Cybersecurity: A Practical Guide to the Law of Cyber Risk have supplemented these more traditional sources of law with industry practices and the most important sources of soft law:

  • An explanation of the National Institute of Standards and Technology (NIST) Cybersecurity Framework and information sharing environments from a former Department of Homeland Security official,
  • The views of the U.S. Secret Service on partnering with federal law enforcement and effective information-sharing,
  • The guidance of leading consultants about the appropriate steps to prepare for cybersecurity incidents,
  • The perspective of a leading insurance company on the evolving role of insurance in protecting companies from the financial losses associated with a successful cyber breach, and
  • The views of one of the most sophisticated incident response organizations on the proper elements of effective incident response.

Throughout the book, Cybersecurity: A Practical Guide to the Law of Cyber Risk includes practice tools developed during the hundreds of breaches that the authors have weathered with their clients. These valuable practice aids include checklists, an overview of the legal consequences of a breach, and a tabletop exercise.

If you’d like to order Cybersecurity: A Practical Guide to the Law of Cyber Risk, please email the PLI Library Help Desk or call 877-900-5291.

 

New Titles Added From January 2014 – July 2015

Discover PLUS is PLI’s eBook library, which provides unlimited access to Treatises, Course Handbooks, and Answer Books, in addition to Legal Forms and Program Transcripts. To reflect recent changes and the latest in legal developments, Discover PLUS is updated continuously with supplements and new editions as well as completely new titles. This is a list of the new titles added from January 2014 – July 2015.

New Titles 2014 – 2015

 

 

NEW Answer Book! SEC Compliance and Enforcement Answer Book 2015

Titles-7775-SEC-Comp-Enforce-AB-2015_20150602102052Counsel to broker-dealers, investment advisers, U.S.-registered issuers and other participants in the securities markets must have a thorough and clear understanding of the SEC’s enforcement mechanisms. PLI’s new SEC Compliance and Enforcement Answer Book 2015 is a comprehensive and concise reference book organized in an easy-to-use Q&A format.

Edited by David M. Stuart (Cravath, Swaine and Moore LLP), this expert Q&A guide compiles the perspectives of leading practitioners from around the country who have previously served in the SEC Enforcement Division, many of whom were in some of the most senior positions in the Division.

Leveraging the authors’ experience and expertise, SEC Compliance and Enforcement Answer Book 2015 provides nuts and bolts guidance on:

  • Conducting an effective internal investigation – while the SEC is simultaneously investigating
  • Responding to SEC requests and subpoenas for documents, interviews, and testimony
  • Cooperating effectively with SEC staff
  • The Wells process, negotiating resolutions, and litigating with the SEC
  • The complexities that arise when criminal and international law enforcement authorities becomes involved in an SEC investigation

Additionally, SEC Compliance and Enforcement Answer Book 2015 answers questions on insider trading, accounting and securities fraud, market manipulation and foreign corruption. The Q&A guide also tackles special issues related to investigations of attorneys, accountants, and those identified by whistleblowers.

If you’d like to order SEC Compliance and Enforcement Answer Book 2015, please email the PLI Library Help Desk or call 877-900-5291.  SEC Compliance and Enforcement Answer Book 2015 is also available on Discover PLUS .

 

New Treatise! Global Business Fraud and the Law: Preventing and Remedying Fraud and Corruption

AnotheTitles_7655_Global-Business-Fraud-and-the-Law_20150519154305r new PLI title has been added to Discover PLUS: Global Business Fraud and the Law: Preventing and Remedying Fraud and Corruption.

This brand-new book presents a comprehensive and practical guide to preventing business fraud and corruption, and remedying unlawful behavior should it occur. Expert practitioners from around the globe offer an international perspective based on their extensive experience.

Whether you run a company that operates across international borders or provide legal counsel to such a company, this book provides an invaluable resource.

Part I of Global Business Fraud and the Law explores the nuts and bolts of global compliance issues and potential for internal investigations that could confront organizations and individuals conducting international commerce.

Chapter 1 Design, Implementation, and Operation of Global Compliance Programs
Chapter 2 Considerations in Global Internal Investigations
Chapter 3 The Audit Committee’s Evolving Role in Overseeing Corporate Investigations
Chapter 4 Foreign Corrupt Practices Act
Chapter 5 Conducting an FCPA Internal Investigation
Chapter 6 Global Antitrust Cartel Enforcement: Identifying Risks and Ensuring Compliance
Chapter 7 The Economic Espionage Act
Chapter 8 International Intellectual Property Protection
Chapter 9 OFAC Enforcement of U.S. International Economic Sanctions

Part II provides country-specific practice guides to the law of business fraud and corruption in several countries key to global commerce:

Chapter 10 Brazil
Chapter 11 Russia
Chapter 12 India
Chapter 13 China
Chapter 14 Australia
Chapter 15 United States
Chapter 16 United Kingdom

If you’d like to order Global Business Fraud and the Law: Preventing and Remedying Fraud and Corruption, please email the PLI Library Help Desk or call 877-900-5291.

Another New PLI Answer Book Now Available! The Import Practice Answer Book 2015

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PLI’s has published a new answer book aimed at helping students and practitioners alike navigate the complex regulations administered by U.S. Customs and Border Protection for the importation of commercial goods into the United States. Import Practice Answer Book 2015 provides a comprehensive and step-by-step overview of the current law regulating when and where, and if, goods can be brought into the United States.

Walking through the process from pre-importation requirements to appealing a denial of entry, Import Practice Answer Book 2015 provides a detailed analysis of such areas as the:

  • Tariff classification and valuation systems
  • Kinds of merchandise that are prohibited or restricted
  • Financial security requirements, or when it is necessary to post a bond
  • Different types of entry and their different requirements
  • Ways to seek reduction or elimination of duties

Import Practice Answer Book 2015 walks you through the entire importation procedure, describing each step in the process; the regulatory requirements governing that step; and providing a copy of each major form that must be completed, including instructions on where and when that form must be submitted.

In addition, this new title provides complete coverage of how Rulings are issued and how to handle a negative Customs response, including the filing of protests and, ultimately, review by the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit.

Import Practice Answer Book 2015 is designed to assist importers, attorneys, customs brokers, accountants, freight forwarders, customs consultants, Customs professionals in government service, and students in finding answers to the technical legal and administrative practice questions that inevitably arise in connection with importing merchandise into the United States.

If you’d like to order Import Practice Answer Book 2015, please email the PLI Library Help Desk or call 877-900-5291.

New Edition of Pharmaceutical Compliance and Enforcement Answer Book Now Available

 

PLI’s Pharmaceutical Compliance and Enforcement Answer Book 2015 is now available.  This Answer Book provides a comprehensive overview of the regulatory issues faced by the different participants in the pharmaceutical industry.

In an easy Q&A format, Pharmaceutical Compliance and Enforcement Answer Book 2015 describes:

 

  • The FDA’s authority and potential actions to regulate prescription drugs and biologics both before and after approval by the agency
  • A facility’s rights and compliance obligations during an inspection by the agency
  • How to best evaluate a company’s potential of being in violation and what to do to mitigate those risks
  • What advertising and promotion of prescription drugs is permitted
  • How product liability issues overlap with FDA enforcement initiatives
  • When criminal prosecution is used as part of the regulatory enforcement effort

Filled with practical suggestions, Pharmaceutical Compliance and Enforcement Answer Book 2015 provides the attorney and his or her clients with a roadmap to effective compliance with FDA pharmaceutical regulations.

If you’d like to order Pharmaceutical Compliance and Enforcement Answer Book 2015, please email the PLI Library Help Desk or call 877-900-5291.

New Treatise! Insurance and Investment Management M&A Deskbook

Insurance TreatisePractising Law Institute (PLI) has announced the release of their newest Treatise title, Insurance and Investment Management M&A Deskbook.

An evolving regulatory landscape and changing economic conditions continue to affect business organization and capital requirements in the global insurance industry, leading to new participants, new transactions, and new challenges. PLI’s new Insurance and Investment Management M&A Deskbook provides attorneys with an essential reference to keep up with emerging trends in insurance and investment management M&A.

The Deskbook covers topics such as acquisitions of public insurance companies, blocks of insurance business and private acquisitions; the regulatory environment of the insurance industry and the financial services industry; investment in the insurance industry by private equity and pension funds; and the expansion of insurance industry participants into emerging markets around the globe. The Deskbook also provides specific guidance for understanding Lloyd’s of London and the M&A market for mutual life insurers.

If you’d like to order Insurance and Investment Management M&A Deskbook, please email the PLI Library Help Desk or call 877-900-5291.

New Treatise! Technology Transactions: A Practical Guide to Drafting and Negotiating Commercial Agreements

Technology Treatise Practising Law Institute (PLI) has announced the release of their newest Treatise title, TechnologyTransactions: A Practical Guide to Drafting and Negotiating Commercial Agreements.

In a world that is increasingly focused on technological innovation, Technology Transactions: A Practical Guide to Drafting and Negotiating Commercial Agreements provides the reader with the tools necessary to draft, review and negotiate technology transaction agreements with the confidence that he or she is properly addressing the most important issues.

This comprehensive title walks the reader through the major legal considerations that surround any technology transaction, including knowledge of the:

  • Intellectual property basics
  • Regulatory framework of the Internet and domain name system
  • Digital Millennium Copyright Act

Technology Transactions also provides a complete discussion of the many privacy considerations that must be kept in mind in an agreement to leverage any emerging technology. Considerations under the following statutes are discussed:

  • HIPAA
  • The Gramm-Leach-Bliley Act
  • The Childrens Online Privacy and Protection Act (COPPA) as well as the many protections that are afforded to international data transfers

The first eight chapters of Technology Transactions discuss specific types of commercial agreements often used in technology transactions, including:

  • Software license agreements
  • Software development agreements
  • Reseller agreements
  • Cloud computing agreements
  • Domain name transactions
  • Technology licensing and IP-centric joint ventures
  • Technology escrow agreements
  • Non-disclosure agreements

Technology Transactions provides practical examples, including nine form agreements, as well as practice tips on how to avoid common and uncommon legal traps for the unwary.

If you’d like to order Technology Transactions: A Practical Guide to Drafting and Negotiating Commercial Agreements, please email the PLI Library Help Desk or call 877-900-5291.

New Treatise! Life at the Center: Reflections on Fifty Years of Securities Regulation

lifeatcenterPractising Law Institute (PLI) has announced the release of their newest Treatise title, Life at the Center: Reflections on Fifty Years of Securities Regulation.

Roberta S. Karmel has been at the center of U.S. securities regulation throughout her distinguished career as a Securities and Exchange Commission (“SEC”) Commissioner, a practitioner, an attorney in the enforcement division of the SEC New York Regional Office, a public director of the New York Stock Exchange, and a prominent academic who has taught in the U.S. and abroad.

In PLI’s new book, Life at the Center: Reflections on Fifty Years of Securities Regulation, Professor Karmel addresses the key regulatory issues confronting the SEC over the past fifty years. The book is a compilation, with current commentary, of 190 New York Law Journal columns she wrote between 1982 and 2014, and excerpts from law review articles on related topics. She has written a current introduction for each chapter and provided context for the choice of each law review article excerpt.

Life at the Center is an invaluable guide to understanding the issues faced by the SEC, the choices available to it, and the actions taken, as well as its relationships with other regulatory agencies. It brings the unique perspective of a distinguished scholar, author, and participant in SEC regulatory issues.

According to Professor Karmel, many of the securities regulation controversies discussed in Life at the Center have not been resolved, or, if resolved temporarily, have resurfaced in a new form.

In the introductory first chapter, Professor Karmel, the first female Commissioner of the SEC, discusses her career and her early writings at the SEC. She then provides an overview of the SEC’s jurisdiction and programs, increased enforcement authority, pre-emption and regulatory competition.

The following chapters each focus on a specific regulatory subject:

  • Corporate Governance
  • Regulation of Financial Institutions
  • Corporation Finance Policies
  • International Securities Regulation
  • Market Structure and Regulation
  • Insider Trading, Short-Swing Profits and Tender Offers
  • Gatekeepers

In addition, Professor Karmel includes a chapter compiling her commentary on Supreme Court cases.

Drawing on her wealth of experience and insightful observations, Professor Karmel, in the final chapter of Life at the Center, points to the future and provides ten principles on how to improve financial regulation in the United States.

Life at the Center: Reflections on Fifty Years of Securities Regulation is an invaluable commentary on ongoing securities regulation in the United States.

If you’d like to order Life at the Center: Reflections on Fifty Years of Securities Regulation, please email the PLI Library Help Desk or call 877-900-5291.