Category Archives: PLI Press

Dodd-Frank Whistleblower Rules

The Bernie Madoff scandal shed light on the shortcomings of the SEC’s whistleblower policies.  Some have suggested that their whistleblower policy should more closely mirror the program of the IRS, which many find to be a successful tool in combating tax fraud.  The Dodd-Frank Act has provisions to enhance the SEC’s whistleblower protections.  It also adds incentive for anyone who has something to report by expanding the bounties whistleblowers can receive.  The SEC outlined their new rules and the public can comment on the proposed rules until December 17th.   If you are interested in commenting on these rules you can do so at the SEC’s Public Comment page. 

The Wall Street Journal reported on this yesterday and pointed out that “companies fear the program, created by the Dodd-Frank financial law, will undermine the anonymous hotlines and other processes they have put in place following the 2002 Sarbanes-Oxley law to encourage employees to report problems internally.”  To address this, the proposed rules do add provisions for people who initially report wrongdoing internally and contact the SEC within 90 days.

Interested in learning more about Dodd-Frank and what it means to your organization?  You can check out PLI’s one hour briefings on the subject.  Or, check out our latest publication entitled Dodd-Frank Wall Street Reform and Consumer Protection Act–A Summary.

Book Information: Dodd-Frank Wall Street Reform and Consumer Protection Act–A Summary

ISBN Number: 978-1-4024-1508-1

Number of Volumes: 1

Page Count: 93 pages

Item#: 30981

Price: $29.95

Circular 230 Deskbook

Release #9 is now available for the Circular 230 Deskbook. 

This PLI treatise helps tax practitioners comply with complex Circular 230 amendments more easily — and avoid costly penalties and sanctions.

The Deskbook shows you how to meet mandated duties applicable to six types of covered opinions; comply with critical requirements for written tax advice; carry out prescribed duties when advising in preparation of tax returns; satisfy reporting/list maintenance rules for six types of reportable transactions; qualify for ”safe harbors” that free you from burdensome Circular standards, exploit proven defenses against the Code’s § 6662 penalties, and avoid common errors that can trigger these § 6662 penalties.

The Deskbook brings you laminated, quick-reference compliance tools, including a Circular 230 written tax advice decision tree; a Circular 230 compliance chart for covered opinions highlighting exceptions and special rules; a Circular 230 compliance flow chart detailing affirmative duties and prohibited activities; a covered opinions compliance checklist; and a reportable transactions compliance flow chart.

If your library is on standing order for this treatise, you can expect Release #9 to arrive soon.  If you’d like to order the release please email libraryrelations@pli.edu or call 877-900-5291. 

View a sample chapter here.

Medical Malpractice

Release #9 is now available for Medical Malpractice.

This treatise shows you how to craft winning malpractice case approaches, guiding you confidently through the relevant law, sound case preparation, vital pretrial issues, and trial combat.

Medical Malpractice enables you to determine the relevant standard of care for each case; uncover medical facts that help prove (or rebut) claims; use depositions to get an early advantage over opponents; master voir dire to get the most favorable jurors for your side; establish the plaintiff’s complete medical history; prepare and present witnesses effectively to advance your case; use cross-examination to damage opponents’ cases and enhance your cases; prove the four essential elements of a medical malpractice claim; defeat claims using simple and affirmative defenses; prepare requests for charge that bolster your chances of winning; and deliver compelling opening statements and persuasive closing arguments.

This title offers you thorough coverage of the appeals process, including how to preserve issues for appeal and interpose and perfect the appeal.

If your library is on standing order for this treatise, you can expect Release #9 to arrive soon.  If you’d like to order the release please email libraryrelations@pli.edu  or call 877-900-5291. 

View a sample chapter here.

Mutual Fund Regulation

Release #8 is now available for Mutual Fund Regulation.

Mutual funds are one of today’s most strictly regulated financial products, subject to a variety of duties, obligations, restrictions, and prohibitions under major federal legislation, SEC rules, and court rulings.

This treatise provides you with the comprehensive and current coverage that enables you to comply more cost-effectively with these standards. Mutual Fund Regulation helps you to establish effective compliance policies and procedures that make your regulatory burdens easier to fulfill; meet onerous prospectus disclosure and delivery requirements more easily; draft the full range of relevant documents; satisfy rules for mutual fund marketing materials, including online standards; and qualify for statutory ”safe harbors” that free you from certain regulatory demands.

If your library is on standing order for this treatise, you can expect Release #8 to arrive soon.  If you’d like to order the release please email libraryrelations@pli.edu or call 877-900-5291. 

View a sample chapter here.

Patent Law: A Practitioner’s Guide

Release #12 is now available for Patent Law: A Practitioner’s Guide.

Securing patents for inventors and helping to protect their patent rights over the long term requires that an attorney gain a solid understanding of patent law fundamentals.

This treatise helps you achieve such mastery. Widely appreciated by attorneys and inventors for its clear, uncomplicated approach to a complex field, Patent Law gives you a solid working knowledge of the legal framework governing patents, including federal regulations and court decisions; the widely accepted four-step test used by the courts used to determine an invention’s patentability; the various tests used to indicate direct infringement and other patent violations; and drafting techniques used to prepare the full variety of documents, including specifications and claims.

This title features numerous timesaving sample forms; flowcharts, diagrams and tables that quickly enhance your understanding of key patent law issues; and hypothetical questions (with answers) that help prepare you for the real-world challenges of patent prosecution.

If your library is on standing order for this treatise, you can expect Release #12 to arrive soon.  If you’d like to order the release please email libraryrelations@pli.edu or call 877-900-5291. 

View a sample chapter here.

Directors’ and Officers’ Liability

 

Release #5 is now available for Directors’ and Officers’ Liability.

Executives in corporations and financial firms are on the hot seat as never before in the wake of scandals that have infuriated investors and the public at large.

This treatise provides executives and their legal counsel with the guidance needed to minimize the legal exposure of corporate heads and help them meet the professional performance expectations of  shareholders.

The title shows you how top managers can satisfy duties of care, loyalty, good faith, and disclosure (and avoid charges of negligence and conflict of interest, among others); meet certification, due diligence and director independence requirements; follow best professional practices advocated by leading U.S. business groups; successfully use various legal defenses when they are charged with violations; take advantage of “safe harbor” statutes that lessen their legal exposure; and protect themselves through contractual indemnification and D&O insurance.

If your library is on standing order for this treatise, you can expect Release #5 to arrive soon.  If you’d like to order the release please email libraryrelations@pli.edu or call 877-900-5291. 

View a sample chapter here.

Doing Business Under the FCPA

Release #15 is now available for Doing Business Under the Foreign Corrupt Practices Act (FCPA). 

In light of the greatly increased federal enforcement activity against corporations for a range of FCPA violations, it’s more important than ever that attorneys have the guidance needed to minimize corporate legal exposure on this major front.

This treatise gives you that vital legal and procedural information. This crucial reference helps you to develop internal compliance programs that detect and prevent illegalities; make sure the business steps a company is taking are fully legal; spot cautionary ”red flags” and sidestep potential legal pitfalls; draft compliant business agreements; satisfy FCPA’s complicated accounting standards, and avoid RICO violations, wire and mail fraud, and other legal missteps.

The title also keeps a steady eye on the latest enforcement actions, reminding companies and their counsel of the harsh penalties for falsified books and records, mischaracterized payments, fictitious invoices, insufficient internal accounting controls, and other charges.

If your library is on standing order for this treatise, you can expect Release #15 to arrive soon.  If you’d like to order the release please email libraryrelations@pli.edu or call 877-900-5291. 

View a sample chapter here.

Patent Litigation

Release #18 is now available for Patent Litigation. 

This treatise enhances your ability to prevail at trial while helping you cut the costs and complexity of litigation.

Many of America’s leading patent litigators guide you through all the litigation stages, helping you to understand various infringement actions and their respective burdens of proof; conduct comprehensive pre-suit investigations that streamline your cases; develop potent case themes; assemble strong litigation teams; get an early edge over opponents during discovery; reduce expenses by developing smart litigation budgets; maximize the persuasive impact of documents, exhibits, and lay and expert witnesses; and fortify your case while controlling costs by making savvy use of computers, jury consultants, and litigation support vendors.

This title also shows you how to spot and shore up weaknesses in your case; make effective pretrial, trial, and post-trial motions; enhance your direct-examination and cross-examination skills; accurately measure and prove the amount of damages; and achieve favorable settlements when litigation is not the way to go.

If your library is on standing order for this treatise, you can expect Release #18 to arrive soon.  If you’d like to order the release please email libraryrelations@pli.edu or call 877-900-5291. 

View a sample chapter here.

Reinsurance Law

Release #5 is now available for Reinsurance Law.  This PLI treatise looks at reinsurance, which has risks for cedents and reinsurers, including the dangers of costly disputes if contracts are flawed.  Reinsurance Law minimizes that peril by showing you how to structure sound agreements more easily and inexpensively. Covering federal and state law, customary industry practices, and relevant case law in clear, straightforward terms, Reinsurance Law examines the rights, duties, objectives, and potential liabilities of every reinsurance participant, while offering the expert drafting guidance that makes reinsurance transactions work.

Written by two veteran reinsurance practitioners, this title gives you a practical grasp of the purpose, benefits, markets, and costs of reinsurance; the features, operation, and risk-and-return characteristics of the full range of reinsurance products; the two major industry standards, the Utmost Good Faith and Follow-the-Fortunes doctrines; the key role of intermediaries in reinsurance; and important judicial developments affecting the industry. Included are timesaving checklists and numerous adaptable sample agreements and sample clauses.

If your library is on standing order for this treatise, you can expect Release #5 to arrive soon.  If you’d like to order the release please email, libraryrelations@pli.edu or call 877-900-5291. 

View a sample chapter here.

Accountants’ Liability

Release #13 is now available for Accountants’ Liability.   

The liability exposure of accountants has widened dramatically over the past decade in the wake of numerous front-page corporate and financial scandals.

This treatise has been the reliable and readable resource that accountants have turned to for guidance on how they can meet their professional responsibilities, comply with relevant rules, and avoid the increased number of legal land mines. Accountants see clearly the trouble they can get into when they deal with financial statements, fail to perform contracted services, fail to uncover clients’ wrongful actions, act as business consultants, offer tax-related services, misstate material facts, and fail to follow professional standards.

The title also provides attorneys with the legal, strategic, and tactical knowledge they need to prove (or successfully defend against) claims against accountants such as breach of contract, breach of fiduciary duty, negligence, securities claim fraud, common law fraud, civil RICO actions, as well as practice and ethical violations.

If your library is on standing order for this treatise, you can expect Release #13 to arrive soon.  If you’d like to order the release please email libraryrelations@pli.edu or call 877-900-5291. 

View a sample chapter here.