Category Archives: Treatise

Book Update: New York Elder Law (Second Edition)

New York Elder Law explores the evolving legal landscape shaped by the growing population of older adults in New York. As seniors live longer, their legal needs become more complex and urgent. Edited by Douglas J. Chu—one of New York’s leading elder law attorneys with over thirty years of experience—this authoritative volume brings together a team of seasoned experts to address the critical issues facing aging individuals today. From estate planning to healthcare decisions, this essential guide offers clear, practical insights for navigating the legal challenges of aging with dignity and security.

Updates in this sixth release include:

Chapter 5, Nursing Homes, offers an updated look at key legal protections for residents, including the prohibition against third-party payment guarantees and unlawful financial recovery from family members. It also covers discharge planning requirements, residents’ rights to appeal discharge decisions, and the obligation of facilities to provide assistive devices that support hearing and vision.
Chapter 6, New York Power of Attorney, is revised to further clarify rights and obligations of individuals holding the power of attorney in New York and adds discussion of special proceedings that may be brought for a number of purposes related to power of attorney.
Chapter 3, Medicaid for the Elderly, Blind, or Disabled, includes updated appendices to provide quick references to information on regional rates for nursing homes, and allowances for income for personal needs of an applicant and community spouse income and exempt resources.

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Book Update: Product Liability Litigation: Current Law, Strategies and Best Practices (Second Edition)

Product Liability Litigation: Current Law, Strategies and Best Practices provides the comprehensive legal, technical, and strategic knowledge that can help maximize an attorney’s ability to prevail in consumer product liability cases. Addressing both plaintiff and defense perspectives, the book covers trends in product claims and defenses, strategies for managing and resolving product litigation, and particular issues and tactics that can arise in different types of product cases.

Highlights from the latest update:

Chapter 2, Recent Trends in Product Claims and Product Defenses, provides an updated discussion of artificial intelligence (Section 2:2.1); changes to the Federal Rules of Evidence and Civil Procedure (Section 2:3); public nuisance and product liability, including prescription opioids litigation, climate change litigation, and social media litigation (Section 2:4); class actions (Section 2:5); and personal jurisdiction (Section 2:6).
Chapter 4, Preemption Defenses, new discussion of over-the-counter products (Section 4:7); transportation of hazardous materials (Section 4:13.3).
Chapter 5, Defending Class Action Lawsuits, outlines the effects of the Bristol-Myers Squibb case on various federal circuit courts (Section 5:3.4).
Chapter 6, Litigation in Foreign Countries Against U.S. Companies, covers international privilege considerations (Section 6:2.2).
Chapter 7, Emerging Issues in Pharmaceutical Litigation, updated discussion of proposed Rule 16.1 of the Federal Rules of Civil Procedure (Section 7:2.1[A]); preservice removal (Section 7:2.1[B]); the learned intermediary doctrine (Section 7:2.2); the Anti-Kickback Statute (Section 7:4.1); opioid product enforcement (Section 7:4.2); speaker program enforcement (Section 7:4.5); litigation related to COVID-19 (Section 7:5.2) and litigation involving life sciences companies (Section 7:5.3).
Chapter 8, Recent Developments in Asbestos, Talc, Silica, Tobacco, and E-Cigarette/Vaping Litigation in the U.S. and Canada, discussion of consent by registration and the U.S. Supreme Court’s Mallory decision (Section 8:1.2[B]); new coverage of the Ennis class action (Section 8:4.1[C][3]); updates on Engle Progeny cases (Section 8:6.2); FDA “Deeming Regulations” (Section 8:8.1); Canada’s Vaping Products Reporting Regulations (Section 8:9.2); and a recent proposed class action in British Columbia (Section 8:9.3).
Chapter 9, Emerging Issues in Medical Device Litigation, new discussion of state law claims for failure to report adverse events (Section 9:1.2[E]); liability of sales representatives in fraudulent joinder contexts (Section 9:2.4); and 510(k) clearance evidence (Section 9:3.4).
Chapter 11, Emerging Issues in Food Law and Litigation, new discussion of the reasonable consumer standard (Section 11:4.2[B]).
Chapter 12, Regulating Cannabis Products, new discussion of rescheduling efforts under the Biden Administration (Section 12:2.2[B]); updated discussion of dual sovereignty (Section 12:2.6); traditional products liability claims (Section 12:3) and labeling class actions (Section 12:3.1).
Chapter 14, Emerging Trends: Smart Technology and the Internet of Things, covers updates on federal regulation of Internet of Things devices (Section 14:6.2).
Chapter 21, Class Action Settlements, new discussion of mass arbitrations (Section 21:3.3[D][6]).
Chapter 22, Mass Tort Settlement Strategies, includes opioids settlements involving states and their subdivisions (Section 22:6).
Chapter 26, Expert Evidence—Law, Strategies and Best Practices, covers post-Daubert decisions (1993 to 2000) (Section 26:2.4), 2023 amendments to Federal Rule of Evidence 702 (Section 26:3); new discussion of MDL litigation involving ranitidine (Section 26:8.1).
Chapter 28, Statistical Evidence in Products Liability Litigation, new discussion of litigation over the drug atorvastatin (Section 28:5.4); recent cases involving meta-analyses (Section 28:8.5); and multiple testing (Section 28:10).
Chapter 32, Spoliation of Product Evidence, new discussion of Federal Rule of Civil Procedure 37(e) and the spoliation inference sanction regarding electronically stored information (ESI) (Section 32:6.2[D][2]).
Chapter 34, How to Win a Dismissal When the Plaintiff Declares Bankruptcy, contains an updated table of cases seeking summary judgment or dismissal based upon judicial estoppel and/or lack of standing, organized by jurisdiction (Appendix 34A).
Chapter 36, Preparing for the Appeal, updated case citations throughout the chapter.

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Book Update: Fintech, Regtech, and the Financial Services Industry

Fintech, Regtech, and the Financial Services Industry offers a comprehensive exploration of how innovations in securities trading and payment systems are reshaping the financial landscape. Through contributions from seasoned professionals, the book highlights emerging trends, regulatory developments, and the opportunities these changes present for market participants. This timely volume serves as a vital resource for understanding the intersection of finance, technology, and regulation in a rapidly shifting environment.

Highlights of this seventh release include:

Chapter 2, Fintech Jurisdictional Issues, has been updated to cover recent SEC staff statements (Section 2:2.1); and new discussion of artificial intelligence (AI), its regulation, and the relevant Executive Order issued in January 2025 (Section 2:6).
Chapter 13, Financial Services Cybersecurity, covers the SEC’s 2024 amendments to Regulation S-P and proposed changes to Regulation SCI on cybersecurity and IT resilience (Sections 13:5 and 13:5.1), and new risk management rules for broker-dealers, clearing agencies, and other regulated entities (Section 13:5.3); interagency banking cybersecurity regulation (Section 13:8); and developments in the New York Department of Financial Services’ regulation of financial cybersecurity (Section 13:18).
Chapter 16, FinTech: Money Laundering Risks of New Financial Technologies, outlines the rise of generative artificial intelligence (“GenAI”) (Section 16:1.1); and AML enforcement actions against fintech companies for insufficient AML controls or other significant regulatory failings (Section 16:5.2[A], [E]–[G]).
To aid in your research, the Table of Authorities and Index have been updated.

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Book Update: Mutual Funds and Exchange Traded Funds Regulation (Third Edition)

Mutual Funds and Exchange Traded Funds Regulation delivers up-to-date, practical guidance on navigating the complex regulatory landscape governing mutual funds and ETFs. It covers everything from prospectus standards and contract drafting to valuation methods, marketing compliance, and cybersecurity risks. With expert insights on avoiding legal pitfalls and meeting regulatory expectations, this annually updated volume is a vital tool for staying ahead in a rapidly evolving financial environment.

Highlights of this release include:

Chapter 1, An Introduction to Mutual Funds, follows the latest developments in the history of the mutual fund industry (Section 1:1).
Chapter 40, Treasury and Related Reporting, outlines key reporting obligations for U.S. institutional investors under the Treasury International Capital system, the Treasury Foreign Currency system, and the Bureau of Economic Analysis’s “BE system.” The discussion has been updated to include recent developments, with expanded coverage of the BE-10 Benchmark Survey (Form BE-10), highlighting its scope, filing requirements, and implications for cross-border investment reporting (Section 40:4.1[C]–[C][5]).
Chapter 45, Investment Management M&A, has been updated to cover the enforceability of non-compete agreements (Section 45:2.1); DOL fiduciary rule implementation (Section 45:3.7); and the U.K. FCA MiFID II rules on purchasing investment research (Section 45:5).
To aid in your research, the Table of Authorities and Index have been updated.

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Book Update: Investment Adviser Regulation: A Step-by-Step Guide to Compliance and the Law (Third Edition)

Stay ahead in the complex world of investment adviser compliance with Investment Adviser Regulation: A Step-by-Step Guide to Compliance and the Law. Covering SEC, state, and statutory standards, the book offers practical insights on registration, disclosure, advertising, cybersecurity, and more. With annual updates and expert guidance on Form ADV, advisory contracts, and best execution practices, it’s a must-have resource for advisers, attorneys, compliance professionals, and regulators.

Highlights of this release include:

Chapter 14, Privacy of Client Financial Information: An Overview, has been updated to reflect key regulatory developments, including the FTC’s May 2024 amendments to the Safeguards Rule, which now require financial institutions to report certain “Notification Events” (Section 14:2.2[E]). It also covers the NYDFS’s revised Cybersecurity Regulation—effective April 2024 and fully adopted by November 2025—introducing enhanced governance requirements for CISOs, expanded risk assessments, and updated incident response protocols (Section 14:6.3). Additionally, the chapter discusses Bermuda’s Personal Information Protection Act (PIPA), applicable to organizations handling personal data in Bermuda, including fintech firms (Section 14:7.4).
Chapter 42, Mutual Funds, covers the most recent reporting requirements affecting mutual funds (Section 42:1).
Chapter 43, Managed Advisory Accounts & Wrap Fee Programs, discusses the SEC’s Division of Examinations April 2024 risk alert that highlights the Division staff’s observations regarding compliance with the Marketing Rule (Section 43:10.2).
Chapter 54, Municipal Advisor Regulation, features expanded coverage of enforcement actions involving municipal advisors, focusing on both regulatory and fiduciary obligations (Section 54:1.1[A][1]–[A][4]). It also includes deeper analysis of how municipal advisory activities intersect with other professional services offered by advisor firms (Section 54:1.1[E][1]). Updates to MSRB and SEC rule discussions reflect recent rulemaking, including obligations for solicitor municipal advisors and requirements to obtain CUSIP numbers in certain competitive offerings (Section 54:18), along with enhanced guidance on supervisory and recordkeeping duties (Section 54:21).
Chapter 64, Blockchain and Digital Assets, has been updated to cover regulatory developments involving digital securities (Section 64:6.1) and commodities (Section 64:6.2).
To aid in your research, the Table of Authorities and Index have been updated.

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Book Update: Social Media and the Law (2025 Edition)

Social Media and the Law analyzes the use of social media in various legal contexts, including privacy, civil litigation, employment, criminal activity and prosecution, intellectual property, defamation, advertising, and regulated industries. Additionally, this treatise discusses relevant legislation, court opinions, usage trends, and industry responses.

Book Update: Climate Change, Sustainable Investments, and Social Governance

Climate Change, Sustainable Investments, and Social Governance offers a thorough analysis of the regulatory environment surrounding financial products and institutions that incorporate sustainability and social responsibility. The book highlights how these considerations are increasingly central to financial regulation both in the U.S. and globally.

Highlights of this release (Release #1) include the following:

Chapter 2, Climate Risk and Disclosures and Related Issues for Financial Institutions: An Overview of the Framework, updated to track the transition of climate action from the Biden to the Trump Administration (Section 2:3.4).

Chapter 8, ERISA and ESG Investing, includes updated guidance on ERISA’s fiduciary duty in the context of ESG (Environmental, Social, and Governance) investing. It discusses the Department of Labor’s Advisory Opinion 2023-01A, (Section 8:3.3[G], and provides new case law updates related to ESG investing under ERISA, (Section 8:5).

To aid in your research, the Table of Authoritiesand Indexhave also been updated.

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Book Update: Equipment Leasing– Leveraged Leasing

For over forty-five years, PLI’s Equipment Leasing– Leveraged Leasing has been the go-to resource for comprehensive legal, tax, economic, accounting, environmental, and insurance information to optimize leasing deals. The Seventh Edition updates readers on industry advancements, guiding them on whether to lease or buy, comply with leasing laws, draft agreements, achieve client goals, and minimize legal and financial risks.

The new release (Release #2) includes the following update:

Chapter 14A, Climate Finance Assets, discusses the use of capital investments in assets that mitigate or adapt to climate change, creating opportunities for financing new technologies like LED lighting, batteries, solar, wind, hydrogen, heat conversion, and geothermal. This chapter also presents information that is key to understanding the economics of the new technologies, the legal structures for financing them, and related issues.

The Table of Authorities and Index have also been updated to assist you in your research.

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New Title! Multidistrict Litigation

PLI Press is proud to announce the publication of the new treatise Multidistrict Litigation.

This brand-new treatise offers a detailed look at how multidistrict litigations (MDLs) work and the decision-making process of the Judicial Panel on Multidistrict Litigation (JPML). With its practical advice and valuable insights, this book is a must-have for lawyers in various fields, including antitrust, labor, patents, product liability, and securities. As MDLs become more common, readers can expect regular updates on the JPML’s latest decisions and analysis of new trends and developments.

Multidistrict Litigation is structured into seven chapters, and seven unique appendices:

Chapter 1, Overview.
Chapter 2, Multidistrict Litigation in Context.
Chapter 3, The Judicial Panel on Multidistrict Litigation: Powers and Limits.
Chapter 4, Centralization.
Chapter 5, Transferee Selection.
Chapter 6, Challenging the Panel’s Orders.
Chapter 7, Remand.
Appendix A, Published Centralization Orders.
Appendix B, Transferee Selection Factors.
Appendix C, 28 U.S.C. § 1407.
Appendix D, 28 U.S.C. § 2112.
Appendix E, Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation.
Appendix F, Summary Rules of the United States Judicial Panel on Multidistrict Litigation.
Appendix G, Summary Statistics of the United States Judicial Panel on Multidistrict Litigation.

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Book Update: Securities Law and Practice Deskbook

Securities Law and Practice Deskbook is a thorough guide to the Securities Act of 1933 (“Securities Act”), the Securities Exchange Act of 1934 (“Exchange Act”), relevant rules and regulations, and key case law. This book serves as an introduction to U.S. federal securities laws, providing a base for how securities lawyers tackle issues. It also acts as a general review and a first resource for seasoned practitioners when dealing with unfamiliar aspects of securities law.

Updated twice a year to keep pace with frequently changing rules and regulations, the new release (Release #25) includes the following updates:

Chapter 1, Approaching Securities Law, discusses the Commission’s announcement of a “sensible regulatory path” for crypto assets and the creation of a crypto task force. It also discusses Nasdaq’s withdrawal of its board diversity rule and the decision by ISS and Glass Lewis to stop considering diversity factors in board election recommendations. Additionally, the chapter highlights the Commission’s request to the Eighth Circuit to delay oral arguments on climate change rules, suggesting these rules might be withdrawn.
Chapter 5, Reach of Securities Act Regulation, discusses the Commission’s decision to pause several crypto cases in anticipation of a different regulatory scheme for digital assets.
Chapter 6, Securities Act Registration Exemptions, covers The PIPE and private placement markets.
Chapter 8, Securities Act Liability, discusses the courts’ stance on traceability in Securities Act claims. It highlights the Ninth Circuit’s decision in Slack Technologies to extend the traceability requirement to section 12 claims, following the U.S. Supreme Court’s strict tracing requirement for section 11 claims.
Chapter 9, Registration and Periodic Reporting Under the Exchange Act, discusses potential shifts in regulatory policy, particularly regarding climate change disclosures. It highlights actions by acting Commission Chair Mark Uyeda that may signal the possible withdrawal of these rules.
Chapter 10, Regulation of Proxy Solicitations, explores corporate reincorporation and its impact on shareholder protections under state laws. It discusses uncertainty in proxy advisory service regulations, the ongoing legal debate over classifying proxy voting advice for a fee as a solicitation, and a significant mid-proxy season change where the Commission Staff issued SLB 14M, which shifts the focus of no-action requests for exclusion under Rule 14a-8 back to the specific company’s business rather than broader issues.
Chapter 12, Fraud Under Rule 10b-5 and Related Issues, talks about the rise in securities lawsuits in 2023, especially those involving Artificial Intelligence. It mentions that the total value of these cases has grown significantly. The chapter also covers the appeal in a “shadow trading” case and the success of the Commission’s Whistleblower program, which has awarded over $2.2 billion. Lastly, it discusses penalties for companies that retaliate against whistleblowers.

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