Category Archives: PLI Press

Treatise Update –Sack on Defamation: Libel, Slander, and Related Problems (Fifth Edition)

Sack on Defamation—widely cited by U.S. courts including the U.S. Supreme Court, academics, and attorneys—offers strategic guidance for both plaintiffs’ and defense attorneys and fully covers the basic elements of a defamation claim. The treatise pinpoints how to identify practical legal issues such as when “truth” is not a defense, insults and name-calling that cross the line into defamation, how “public disclosure of private facts” becomes actionable, why statements of “opinion” are not protected, and when defamatory communications are privileged. It also integrates coverage of Internet and social media issues.

Highlights of the new release include developments covering the following topics:

  • Statements held to be nonactionable: Discussion of a Delaware case in which the court considered the issue of whether a letter to an employer calling an employee’s outside actions “racist” is constitutionally protected (see section 4:3.5).
  • Standard of conduct: public plaintiffs: The list of “vortex” public figures has been expanded (see section 5:3.5).
  • Standard of conduct: private plaintiffs: Coverage of a case about whether the 2020 amendments to New York’s anti-SLAPP statute are retroactive (see section 6:4).
  • Absolute privilege and government agencies: Summary of an unusual case from Oregon concerning false statements entered into a patient’s medical record by physicians who worked for a public corporation health system (see section 8:2.4[A]).
  • Invited defamation: Spotlights a case from the Second Circuit in which former U.S. Senate candidate and Alabama Supreme Court Justice Roy Moore accused comedian Sacha Baron Cohen of defamation for falsely portraying Moore as a pedophile in a mock interview for Cohen’s television program (see section 8:2.8).

In addition, the Table of Cases, the Defendant-Plaintiff Table, and the Index have been updated.

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New Edition! Healthcare Employment Practice: Policy, Law and Procedure (2023 Edition)

PLI Press is proud to announce the publication of the new edition of Healthcare Employment Practice: Policy, Law and Procedure.

This guidebook presents clearly-written, concise insights into how hospital management teams, healthcare human resources professionals, and the legal practitioners who advise them can navigate the ever-changing regulatory landscape around employment in the healthcare industry.

The treatise’s authors, James T. O’Reilly, Director of the Concentration in Health Services Management at the UC College of Medicine, and Mary Ellen Keegan, former in-house counsel for GE’s Aviation Division who has since negotiated favorably for MDs in disputes with insurance companies and healthcare organizations, offer actionable practices gleaned from their experiences working with physicians and public health regulatory issues.

Featuring sample contractual clauses, this resource discusses how doctors, stakeholders, and their lawyers can leverage astute planning and careful drafting to overcome emerging employment and transactional issues. In addition, the authors include tailored discussions on regulatory and transactional issues unique to physicians, registered nurses, and non-credentialed healthcare employees.

Healthcare Employment Practice includes:

  • Step-by-step, term-by-term guidance on physician employment contracts, with an emphasis on the problems presented by restrictive covenants, and a full sample Physician Employment Agreement (see Chapter 9, Chapter 10, and Appendix B);
  • A fifty-state survey of noncompete statutes and selected case law (see Appendix A – fully updated for 2023);
  • Labor and employment law as it affects healthcare industry employees in the areas of Collective Bargaining and Overtime Pay (see Chapter 14 and Chapter 19), Strikes and Lockouts (see Chapter 17), Safety Rules (see Chapter 20), and Conflict Resolution (see Chapter 21);
  • Issues presented by telemedicine (see Chapter 27);
  • Stark and anti-kickback law compliance (see Chapter 26);
  • Employment discrimination in healthcare: physician whistleblower, discrimi­nation, harassment, and retaliation claims (see Chapter 22).

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Treatise Update – Patent Litigation (Third Edition)

Patent Litigation (Third Edition) enhances every patent litigator’s ability to prevail at trial while helping to cut the costs and complexity of litigation. Written by leading patent litigators, the treatise provides guidance on various infringement actions and their respective burdens of proof.  It also offers pointers on conducting comprehensive pre-suit investigations; developing potent case themes; assembling strong litigation teams; developing smart litigation budgets; maximizing the persuasive impact of documents, exhibits, and witnesses; and making savvy use of computers, jury consultants, and litigation support vendors.

The new release covers many important developments, such as:

  • Corporate disclosures under Rule 7.1 and the hotly debated issue of whether recent court-imposed disclosure requirements are justified or permissible (see new section 3:7).
  • Two cases from district courts on the standard for assessing com­munications between the buyer and seller and licensor/licensee of patent rights made before the transactions closed (see section 5:4.2).
  • Case law from the federal circuit regarding an overly broad in­junctive relief in the design patent context (see section 10:5.1).
  • Case law involving Moderna’s COVID-19 vaccine and Moderna’s claim that it is shielded from an infringement lawsuit in district court because of its agreement to supply the vaccine to the federal government (see section 14:2.2).
  • The PTAB’s clarification on its guidance for discretionary denial of IPR due to the advanced state of a parallel proceeding under Fintiv and the implications for the global defense strategy of re­spondents in ITC proceedings (see sections 14:4.9 and 15:3).
  • Circulation judge pool review, the PTO’s new internal procedure designed to improve overall quality of PTAB final written deci­sions (see new section 15:8.3).

For additional recent developments in patent litigation, check out this recent PLI Chronicle article, Patent Antibody Case Law Continues to Mature.

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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 release 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, Section 1:2: Discussion of West Virginia v. EPA, in which the Supreme Court addressed whether, in the context of a major question, an agency is permitted to invoke general statutory authority in support of a regulation absent a clear statement from Congress.
  • Chapter 3, Section 3:5: Explains whether a notice designating a transaction as a Listed Transaction is a legislative rule that requires notice and comment under the Administrative Procedure Act.
  • Chapter 4, Section 4:17.2: Explores the Supreme Court’s holding in National Federation of Independent Business v. Department of Labor, Occupational Safety and Health Administration, about whether a vaccine mandate imposed by OSHA implicated the major-questions doctrine.

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

A trusted working tool for more than two decades, 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. This time-saving handbook offers start-to-finish directions for and real-world examples of each type of claim and numerous tips on how to avoid common claim drafting mistakes.

The many revisions throughout this release continue to assist practitioners in drafting the most effective types of claims for each type of invention. Highlights of the new release include:

  • Updated Chapter 2 explains how a patent claim may be novel but still obvious thereby invalidating the claim (see section 2:7.1) and provides additional instruction on how to determine whether a claim is dependent or independent from a previous claim (see section 2:9).
  • Expanded § 3:9 offers suggested language to include in the patent application or claim of a machine or apparatus if seeking both a U.S. patent and patent protection abroad.
  • Revised § 5:5 provides additional details on how the effective filing date of a claim in a continuation-in-part application is determined.
  • Updated §6:2 expounds on what constitutes Markush expressions.
  • Expanded § 8:3 details how a terminal disclaimer prevents a second patent application by one patentee from being deemed an impermissible double patenting of a previous claim.

In addition, Appendices A, B, and C2 have been updated.

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Treatise Update – Stocker on Drawing Wills and Trusts (Fourteenth Edition)

Stocker on Drawing Wills and Trusts has been a staple in the library of attorneys and estate planners for more than 50 years, enhanced by hundreds of labor-saving sample forms and clauses. It provides high-quality, comprehensive, field-tested drafting guidance that ensures wills, trusts, and other estate planning documents fully express clients’ wishes without provoking costly legal challenges.

Highlights of the new release include:

  • Revised § 2:2.2 discusses a New York case addressing whether assets acquired by a testator’s estate after the death of the testator should be distributed pursuant to the terms of a will or by the laws of intestacy.
  • Updated Chapter 5 includes updated numbers regarding transfer tax rates; federal and state estate tax top rates; and gift, estate, and GST tax exemptions.
  • Expanded § 10:4.3 gives an update on proposed regulations in connection with the SECURE Act regarding required minimum distributions.
  • Revised § 13:1.2[B] explores new remote notarization rules.
  • New § 16:3.4 explains that attorneys should be mindful of their obligations to safeguard client data. For example, in New York State attorneys have an obligation to take reasonable care to protect clients’ confidential information with respect to data stored on attorneys’ electronic devices.

In addition, numbers indexed for inflation have been added throughout the text and the Index has been updated.

On a related note, check out this timely PLI Chronicle article on the new reporting obligations for trusts in Canada.

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Treatise Update – FDA Deskbook: A Compliance and Enforcement Guide

FDA Deskbook: A Compliance and Enforcement Guide provides a comprehensive description of the complexities of compliance under the FDC Act and practical suggestions on how FDA-regulated entities can avoid being the subject of an enforcement action by the federal government. The book proposes best practice tips, including how to deal with FDA inspections, alternatives to conducting internal investigations, and potential defense strategies for use in enforcement proceedings.

Highlights of the new release include:

  • Other Authorities Governing FDA-Regulated Entities: Reviews the CMS authority, granted under the Inflation Reduction Act of 2022, to negotiate the selling price of a select number of high expenditure single-source Medicare Part B and Part D drugs and biologics (see section 4:5.3[E]).
  • Over-the-Counter Drugs: Outlines the June 2022 FDA-issued proposed rule addressing “Additional Conditions of Nonprescription Use” (ACNU) and several new concepts and requirements for this category of Rx-to-OTC drug (see section 5:5.6).
  • Controlled Substances: Coverage of the U.S. Supreme Court decision imposing a new requirement necessary to prove a criminal violation for prescribing controlled substances (see section 17:4.1), and a review of DEA enforcement actions, including for failure to maintain complete and accurate records (see section 17:4.2); dispensing for a non-legitimate purpose (see section 17:4.3); failure to report suspicious orders (see section 17:4.4); National Prescription Opioid Litigation (see section 17:4.5); and state prescription opioid litigation (see section 17:4.6).
  • Health Care Fraud and Abuse Laws: Reviews OIG guidance on patient assistance programs (see section 19:4.1[C][1]).
  • FDA Inspections: New discussion covers the effect of the COVID-19 pandemic, and related emergency declarations, on FDA inspections, both domestically and internationally (see section 21:1.2). For related information on how the pandemic has impacted the drug approval process, read the PLI Chronicle article, Expediting the Drug Approval Process: Formulating Regulatory Responses to Critical Societal Health Issues While Preserving Scientific Standards.

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Treatise Update – International Corporate Practice: A Practitioner’s Guide to Global Success

International Corporate Practice provides guidance on building a comprehensive global legal department, including advice on structuring, staffing, and budgeting, as well as the use of foreign legal consultants and outsourcing. It also includes helpful case studies, checklists, and sample documents.

This release features new material designed to enable lawyers, whether in-house or outside counsel, to operate efficiently on the global stage.

Topics discussed include the following:

  • Global Law Department Management: New data on the number of CLOs that report directly to the CEOs of global companies (see § 1:3.1).
  • International Attorney-Client Privilege: Updated sections discuss the privilege in Australia (§ 2:2.2), Austria (§ 2:2.3), and Switzerland (§ 2:2.28).
  • Crisis Management: Chapter 8 now considers the scenario in which war and/or invasion occurs in a country where the company has employees, offices, and facilities (see § 8:2 and § 8:8.3).
  • Litigation Management and Discovery: Chapter 10 now describes two September 2022 decisions by the Southern District of New York which apply the factors set forth in Iragori v. United Technologies Corp. when ruling on defendants’ motions to dismiss on forum non conveniens grounds (see § 10:5.1[C]).
  • Mergers and Acquisitions: Revisions to Chapter 17 identify the drivers behind cross-border M&A and discuss the advantages that cross-border M&A have over domestic M&A (see § 17:4.1). A new section discusses diligence issues in international M&A (see § 17:5.4).
  • Export Control Laws: Chapter 25 contains updated appendices which provide revised provisions of U.S. export control and sanctions laws (App. 25A) and expanded guidance on the steps to take in implementing an export compliance program (App. 25B).
  • The Index has also been updated for this release.

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