Category Archives: Treatise

Celebrate National Library Week with PLI

Happy National Library Week!  

Unlimited Possibilities @ your library, Unlimited Possibilities @ PLI Discover PLUS

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In celebration of National Library Week, Practising Law Institute is offering a 20% discount on all Treatises and Answer Books from April 12 – April 18.

The Library Relations team would also like to encourage you to access our online publications through a subscription to PLI Discover PLUS.  A subscription to PLUS gives you access our Course Handbooks, Treatises and Answer Books. You can also search for PLI Forms to provide legal templates for your day-to-day tasks, and transcripts to many of our PLI programs and seminars.

 

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From the Library Relations team at PLI, enjoy the
recognition you and your library deserve!

Federal Bail and Detention Handbook 2015

Federal Bail“The savings in time alone, as you try to prepare for an initial or detention hearing, makes the Handbook a bargain.”
– Defense Magazine

The Federal Bail and Detention Handbook 2015 is now available. This soft cover treatise has been published to help readers find answers in a hurry and its size makes it convenient to be carried to and from the courtroom.

The Bail Reform Act of 1984 and its legislative history are lengthy and complex. Yet all federal court participants–lawyers, judges, and others–are required to understand the Act thoroughly and apply it swiftly and effectively, often under the pressure of a detention hearing.

Authored by the Honorable John L. Weinberg, this title provides the busy practicing lawyer or judge with a quick and clear reference to the Act and all of the relevant statutory language, legislative history and appellate case law.

Judge Weinberg has included “Practice Pointers”, which are designed to provide defense counsel and Assistant U.S. Attorneys with strategic suggestions for dealing with the Act.  The Handbook‘s Table of Cases lists every federal appellate decision of significant precedential value that interprets or applies the Act.

The paperback format of this 2015 edition has been tailored to help readers find answers in a hurry. Its size permits it to be carried conveniently to and from the courtroom.

If you’d like to order Federal Bail and Detention Handbook 2015 , contact the PLI Library Relations 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.

Updates to Post-Grant Proceedings Before the Patent Trial and Appeal Board

post-grant proceedingsAre you looking for authoritative resources on Litigation law? You can find acclaimed, expert-authored sources on PLI Discover PLUS, which provides you with the most up-to-date content such as the recently supplemented Treatise Post-Grant Proceedings Before the Patent Trial and Appeal Board.  This Treatise will help guide you through the process of initiating a post-grant proceeding, taking discovery, seeking sanctions, proposing and opposing claim amendments, effectively advocating at the oral hearing, appealing to the Federal Circuit, and handling a wide array of issues involving co-pending district court litigation.

You’ll find updated information on:

Claims Challenged and Grounds – current decisions on who has standing to challenge a patent in an inter partes review petition.  Read details on these decisions in Section 3:2.3.

Cross-Examination of Petitioner’s Declarant(s) – this section in Chapter 1 “Patent Owner Discovery Period, Response and Proposed Amendments”,  has been significantly expanded to reflect new guidance from the Board.  Do you have questions on specific wording on observations or foreign language depositions that require an interpreter?  Find that information in Section 8:1.1.

Appeals to the Federal Circuit – this chapter has been updated to provide information on a number of cases that were decided in 2014, to help clarify which issues are not appealable.  For example, you can read more on the PTAB decision not to institute an inter partes review in Section 14:1.

 

PLI Treatises Updated in November 2014

In November 2014, PLI updated the following Treatises:

Also in November 2014, PLI published the following new Treatise edition:

If you are on standing order for any of these titles, the releases have already been shipped. If you would like to place an order, please email PLI Library Help Desk or call 877-900-5291.

New Book! International Tax Controversies: A Practical Guide

PractisInternatl Tax Controing Law Institute (PLI) has announced the release of their newest Treatise title, International Tax Controversies: A Practical Guide.

The new International Tax Controversies: A Practical Guide, authored by a team of experts from Steptoe & Johnson LLP, provides a detailed roadmap for resolving cross-border tax issues.

The new book is organized into three parts: “International Tax Audits and Appeals,” “Government-to-Government Cooperation” and “Litigating International Tax Cases.”

In Part 1, “International Tax Audits and Appeals,” the authors – Philip R. West, J. Walker Johnson, Michael Durst and Amanda Varma – offer clear guidance on handling international examinations, IRS appeals and special appeals procedures. They walk readers through pre-audit planning, including document retention and spoliation. They shed light on transfer pricing issues, as well as concerns regarding attorney-client privilege and other protections in the cross-border context. Additionally, the authors highlight special document issues in international examinations, including information document requests (IDRs) and administrative summonses.

In Part 2, “Government-to-Government Cooperation,” the authors outline and explain mutual agreement procedures (MAPs), which provide taxpayers the opportunity to ask the “competent authorities” of countries taking conflicting positions to reach an agreement that will protect them from double taxation. Additionally, the authors analyze advance pricing agreements (APAs), providing detailed guidance on the process by which taxpayers may obtain an APA.

In Part 3, “Litigating International Tax Cases,” the authors outline post-appeals litigation options. Entire chapters are also dedicated to discovery in international tax cases and trial and appellate practice.

International Tax Controversies: A Practical Guide is a much-needed guide providing skillful guidance to resolving U.S. international tax controversies.

If you’d like to order International Tax Controversies: A Practical Guide, please email the PLI Library Help Desk or call 877-900-5291.