Category Archives: Treatise

New Title! Knowledge Management & Innovation: A Manual for Law Firms and Other Legal Services Organizations

PLI Press is proud to announce the publication of the new practice guide Knowledge Management & Innovation: A Manual for Law Firms and Other Legal Services Organizations.

This book is a comprehensive resource for knowledge management and innovation (KM&I) professionals in the legal industry. It offers best practices for achieving common KM&I goals and includes several checklists and other practice forms which can be used to help organizations and law firms implement beneficial KM&I procedures.  The book presents its knowledge management concepts within a broad framework and historical context while also covering the most recent developments.

Notably, the manual covers the following important topics:

In addition, the book gives guidance on how to leverage collaboration tools (see Chapter 11), configure document management systems (see Chapter 5), improve organizational processes (see Chapter 14), and more.

We are excited to share this new title with you!

PLUS Subscribers can access this title with their subscription.

Order a print copy today.

Is your library interested in subscribing to PLI’s Standing Order Plan (SOP)? SOP subscribers automatically receive print copies of new titles to review upon release.  If you decide to keep the title, you will receive a discount up to 25% off the title and all future supplements. Call 877.900.5291 or email libraryrelations@pli.edu to learn more.

Treatise Update – Doing Business Under the Foreign Corrupt Practices Act (Second Edition)

Doing Business Under the Foreign Corrupt Practices Act (Second Edition) helps corporate lawyers, in-house sales teams, and other U.S.-based and overseas stakeholders understand the issues and rules they should consider when negotiating transactions or accepting compensation in compliance with the FCPA. Readers will learn the necessary, proactive steps for identifying and avoiding common FCPA transactional illegalities.

The book addresses key information regarding whistleblower considerations and harsh penalties for falsified books and records, mischaracterized payments, fictitious invoices, insufficient internal accounting controls, and more. This title also includes helpful sample acknowledgements, compliance plans, and agreement clauses that address FCPA considerations.

Key updates in the new release include:

  • The SEC’s Amended Whistleblower Rules:  Coverage of the August 2022 changes to the SEC’s final rules implementing the whistleblower provisions (see section 1:1).
  • Case Law Developments: Discussion of the holdings in United States v. Hoskins and United States v. Rafoi-Bleuler regarding the scope of the term “agent” as applied to a foreign national (see section 4:1.3).
  • The DOJ’s Updated Evaluation Guidance: Information regarding the DOJ’s March 2023 guidance emphasizing the importance of implementing compliance-promotion criteria in a company’s compensation and bonus system (see section 10:1).
  • New Appendix B62: Department of Justice FCPA Opinion Release— Situation Involving Extortion or Duress.
  • New Appendix B63: Department of Justice FCPA Opinion Release— Payment of Travel Expenses for Post-Adoption Supervision.

In addition, the book offers information on the latest cases, enforcement actions, and settlements and provides several adaptable forms and templates (see the Related Items tab under “Forms”).

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PLI PLUS subscribers can access this title through their subscription.

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 budgets; maximizing the persuasive impact of documents, exhibits, and witnesses; and making savvy use of technology, jury consultants, and litigation support vendors.

Highlights of this release include updated discussion of the following topics:

  • Substantive Issues of a Patent Case: Defenses against patent validity, such as collateral estoppel and unadjudicated claims, applicant-admitted prior art, obviousness, and inadequately disclosed claims (see sections 1:3.3[B], 1:3.3[C], 1:3.3[F], and 1:3.3[H]) and, in the area of inequitable conduct before the PTO, the mitigation of nondisclosure of information through supplemental examination (see section 1:3.4[A][4]). 
  • Discovery and Privilege: Use of testimony from patent law experts (see section 4:4.4[C]).
  • Nondiscovery Motions and Court-Initiated Procedures: Markman proceedings and claim construction (see section 7:2). 
  • Witnesses Special to a Patent Case: Inventor testimony (see section 8:2.1[A]).
  • Damages and Attorney’s Fees: Consequences of the district court’s failure to address prejudgment interest (see section 9:10.1) and willfulness and enhanced damages (see section 9:11.1).
  • Trial: Rule 50(a) and Rule 50(b) motions (see sections 12:12.3 and 12:14); Rule 59 motions for a new trial and altering or amending the judgment (see new section 12:14.4); and Rule 60 proceedings for relief from judgment (see new section 12:14.5).

The Table of Authorities and Index have also been updated.

Order a print copy today. PLI PLUS subscribers can access this title through their subscription.

For additional recent developments in patent litigation, check out this recent PLI Chronicle article, PTAB’s Longhorn Decision Could Signal More USPTO OED Disciplinary Proceedings.

Treatise Update – Variable Annuities and Other Insurance Investment Products (Third Edition)

Variable Annuities and Other Insurance Investment Products offers accessible guidance to the federal and state regulation of variable annuities and insurance investment products. Readers will learn the professional duties and compliance responsibilities expected of issuers of insurance investment products. The book includes instructive examples around product design, approvals, administration and distribution, marketing, and inspections. The book further features conversations addressing special investment products, state insurance licensing requirements and suitability rules, index-linked variable annuities, registered index-linked annuities (RILA), and life settlements.

Highlights of the new release include:

  • ERISA Issues: New discussion of Prohibited Transaction Exemption 2020-02 (“PTE 2020-02”) which allows investment advice fiduciaries to receive compensation that would otherwise be prohibited in connection with providing investment advice and engaging in certain principal transactions (see section 6:9).
  • Insurer Exchange Programs: Covers the SEC’s announcement of settled charges against an insurance-affiliated broker-dealer/principal underwriter for improper exchange offers related to the affiliated insurer’s variable annuities (see section 13:5).
  • Advertising: Reviews FINRA Rule 5123 (“Private Placements of Securities”), a separate FINRA Rule that sets forth filing requirements for private placements (see section 19:4.2[B][13]), and the performance inception date for variable annuity performance advertising (see section 19:5.1[A][1]).
  • Senior Investors: Discusses actions by federal and state securities and insurance regulators to enhance the supervisory obligations of financial institutions dealing with senior investors (see section 27:2.1).

In addition, the Table of Authorities and Index have been updated to incorporate the latest developments and regulatory changes.

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PLI PLUS subscribers can access this title through their subscription.

New Edition! Anti-Money Laundering Deskbook (Second Edition)

PLI Press is proud to announce the publication of the second edition of Anti-Money Laundering Deskbook.

This book is a comprehensive and accessible guide to the money laundering and anti-money laundering (“AML”) legal regimes and compliance requirements for U.S. financial institutions. Designed as a practical resource to serve a wide audience of professionals, the deskbook integrates real-world enforcement cases to illuminate complex concepts in a practical way and demonstrates how those cases have shaped AML policies and practices. It also provides insight into the intersection between the two legal regimes, offering a full view of the legal and regulatory landscape.

Some of the recent developments reflected in this new edition include:

  • Criminal money laundering laws: Explanation of the extraterritorial application of the criminal money laundering laws (see Section 2:3.4).
  • AML laws and regulations: Discussion of the AML Act and the expansion of U.S. AML laws and regulations (see Section 4:1.3).
  • AML compliance and enforcement: Coverage of new developments with respect to AML compliance in the digital assets industry and the role of state regulators in AML compliance and enforcement (see Section 4:2.5 and Chapter 8).
  • Money laundering risks: Identification and analysis of the money laundering risks of new financial technologies (see Chapter 12).

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PLI PLUS subscribers can access this title through their subscription.

Treatise Update – Taxation of Intellectual Property: Law and Practice

Taxation of Intellectual Property covers the tax consequences of creating, buying, exploiting, and selling various intellectual property assets (including patents, trade secrets, copyrights, trademarks, and computer software), as well as the tax considerations affecting intellectual property litigation. It identifies the IP taxation fundamentals relevant to individuals, corporations, partnerships, and non-profits and includes in-depth coverage of the various deductions applicable to patent royalties, salaries of researchers, and infringement-related legal fees.

Some of the recent developments discussed in this new release include:

  • Alternative Minimum Tax (AMT) for Corporations: Coverage of the repeal of the AMT for corporations by the Tax Cuts and Jobs Act of 2017 (TCJA) and the subsequent updates to this by the Inflation Reduction Act of 2022 (see section 3:2.3).
  • Research or Experimental Expenditure Deductions: Discussion of the new 5-year capitalization and amortization rule imposed on research or experimental expenditures by the TCJA (see section 4:3).
  • Research Credit for Small Business and Start-Ups: Provides the increased amount of the credit that small businesses and start-ups can apply against their payroll tax liability pursuant to the Inflation Reduction Act of 2022 (see section 4:6).
  • Tax Treatment of NFTs: Answers the question of whether an NFT used in trade or business would qualify as a Section 1231 asset eligible for capital gains treatment (see section 6:3.5[A][1]).
  • Litigation Expenses: Extensive coverage of the Actavis Lab v. United States case which dealt with the issue of whether a generic drug manufacturer’s patent infringement litigation expenses were tax deductible  (see section 7:1.1[C]).
  • Charitable Contributions of Cryptocurrency: Explanation of the circumstances in which a qualified appraisal is required for charitable contributions of cryptocurrency (see section 9:4.4[A]).

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PLI PLUS subscribers can access this title through their subscription.

Treatise Update – Hillman on Documenting Secured Transactions: Effective Drafting and Litigation (Third Edition)

Hillman on Documenting Secured Transactions offers grounded guidance on best practices for documenting and litigating secured transactions prepared pursuant to Revised Article 9 of the Uniform Commercial Code (U.C.C.). It offers a working grasp of the legal, technical, and business aspects of Article 9 transactions and examines the effects of the 2022 Amendments on nearly every article of the U.C.C. To gain free access to Chapter 18, which addresses the 2022 Amendments in more detail, click here.

Among the many topics updated in this new release are the following:

  • Perfection: A table of the new perfection methods under the 2022 Amendments (see section 2:6.2).
  • Signed Security Agreements: A listing of the increased number of situations in which a signed security agreement is not necessary under the 2022 Amendments (see section 4:1.2).
  • After-Acquired Collateral: A summary of the ways in which the 2022 Amendments narrow the scope of the prohibitions against security interests in after-acquired consumer goods or commercial tort claims (see section 7:2).
  • Control Under the 2022 Amendments: A discussion of how the 2022 Amendments offer new ways to perfect security interests in digital assets (see section 18:4).
  • Unperfected Security Interests: An explanation of the changes the 2022 Amendments make to U.C.C. § 9-317(b) regarding buyers who receive delivery (see section 19:2.1).

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PLI PLUS subscribers can access this title through their subscription.

New Edition! Pharmaceutical and Biotech Patent Law (2023)

PLI Press is proud to announce the publication of the new edition of Pharmaceutical and Biotech Patent Law.

This book provides the legal, scientific, and technical information needed to help clients obtain, defend, and challenge patents in these important business areas. It shows readers how to craft problem-free patent applications and includes detailed checklists that help resolve tricky patent issues in the complex pharmaceutical and biotech fields. It is regularly updated to reflect Federal Circuit rulings and other significant court decisions.

Some of the recent developments reflected in this new edition include:

  • Inter Partes Review: Coverage of the PTO guidance for discretionary denials which clarifies when institutions will not be denied under Fintiv (see Section 1:5.3).
  • Patentability of Stereoisomers and New Salts: Discussion of the Federal Circuit’s decision in Mylan Pharmaceuticals Inc. v. Merck Sharp & Dohme Corp. regarding whether Mylan Pharmaceuticals had failed to show that the claims of U.S. Patent No. 7,326,708 were either anticipated or rendered obvious by the asserted prior art (see Sections 7:2.4[A][2] and 7:2.6[C][1]).
  • Cell and Gene Therapy Products: New chapter exploring the patent landscape for cell and gene therapy products and the current disputes related to these products (see Chapter 15).
  • ITC Litigation: New chapter providing recent trends and practice tips on ITC Litigation (see Chapter 16).

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PLI PLUS subscribers can access this title through their subscription.

Recommended Reading: Erin Pulaski’s Article in July’s PLI Chronicle

New pay transparency laws are coming into effect across the nation, which is why we are excited about Erin Pulaski’s article, Bringing Pay Data into the Sunlight: California’s New Pay Transparency Protections, published in July’s issue of PLI Chronicle: Insights and Perspectives for the Legal Community.**

The article serves as an excellent primer on how the recently enacted Senate Bill 1162 impacts employers and employees in California. It reviews California’s existing protections, describes the changes imposed by the new law, and answers questions about pay data confidentiality and remote employees. Pulaski, a partner at Rudy, Exelrod, Zieff & Lowe LLP, regularly represents employees and executives in all aspects of individual and class action employment litigation. She is co-author, along with Lindsay Hutner, a shareholder at Greenberg Traurig LLP, of PLI’s recently published California Employment Law treatise.

**Articles published in the PLI Chronicle are available to everyone. Check out July’s issue: PLI Chronicle: July 2023.

Treatise Update – Technology Transactions:  A Practical Guide to Drafting and Negotiating Commercial Agreements

Technology Transactions enables practitioners to draft, review, and negotiate technology transaction agreements. Readers will encounter a trove of sample forms and best practices for negotiating some of the most common and sophisticated types of technology transactions. The book specifically covers issues relevant to software license, technology escrow, non-disclosure, domain name transaction, and cloud computing agreements. It also discusses the relevant privacy and intellectual property regulations lawyers should consider when drafting transactional documents.

Highlights of the new release include:

  • Chapter 4: A new section discusses the increasing adoption of sovereign cloud solutions and industry-specific clouds (see section 4:2.2[G]).
  • Chapter 5: Updated content discusses ICANN’s proposal of the new WHOIS Disclosure System which would facilitate access to nonpublic registration data associated with generic top-level domains (gTLDs) (see section 5:2.1[A]).
  • Chapter 11: New content discusses the increased use of efforts provisions in commercial agreements, the variants of the clauses that have been introduced, and issues litigated (see section 11:4), including the enforceability of such clauses (see section 11:4.1), efforts hierarchies in determining whether the standard was met (see section 11:4.2), and defining efforts standards (see section 11:4.3).
  • Chapter 19: Updated discussion describes the nine new elements that an information security program must include (see section 19:4.2).
  • Chapter 20: New content previews California’s Age-Appropriate Design Code Act which will take effect in 2024 (see section 20:7).

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PLI PLUS subscribers can access this title through their subscription.