Category Archives: Treatise

Popular Titles on PLI PLUS

The tallies are in! Here are the most accessed Treatises/Practice Guides and Answer Books on PLI PLUS in 2023:

  1. The Corporate Tax Practice Series: Strategies for Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations & Restructurings (Second Edition)
  2. Working with Contracts: What Law School Doesn’t Teach You (Second Edition)
  3. Private Equity Funds: Formation and Operation (Second Edition)
  4. An Associate’s First Year: A Guide to Thriving at a Law Firm
  5. Sack on Defamation: Libel, Slander, and Related Problems (Fifth Edition)
  6. Art Law: The Guide for Collectors, Investors, Dealers & Artists (Fifth Edition)
  7. Technology Transactions: A Practical Guide to Drafting and Negotiating Commercial Agreements
  8. Stepping It Up: A Guide for Mid-Level Law Firm Associates
  9. Langer on Practical International Tax Planning (Fifth Edition)
  10. Health Care Mergers and Acquisitions Answer Book (2023 Edition)

For a listing of popular items by practice area, check out our Popular PLUS Treatises and Answer Books Flyer. See also Popular PLUS Course Handbooks Flyer and Popular PLUS Forms Flyer.

Treatise Update – Patent Licensing and Selling: Strategy, Negotiation, Forms (Second Edition)

Patent Licensing and Selling guides practitioners through the fundamentals of drafting and structuring profitable patent licensing deals. Containing more than 350 sample agreements and clauses, the book provides actionable strategies to negotiate these deals. It also highlights terms that can trigger delays and disputes, strategies around exclusive licenses, and pointers for selecting markets for specific licensees. In addition, the text integrates discussion on infringement protection and enforcement steps, license duration and termination guidelines, and confidentiality considerations.

The new release includes revised and expanded coverage of the following topics:

  • Definitions: New sections 1:1.1 and 1:5.1[C] discuss the implications of failing to define a term, using the as term “affiliate” as an example and showing the need to uncover the identity of each affiliate (section 1:5.1[A]) and to determine whether an entity qualifies as an affiliate (section 1:5.1[B]), as well as any limitations around the term (section 1:5.1[C]), the consequences of leaving the term “affiliate” undefined (section 1:5.1[D]), which edition of dictionary to use (section 1:5.1[E]), and the overall lessons to be learned (section 1:5.1[F]).
  • Additional future licenses: Inclusion of a sample pro­vision dealing with a situation in which the licensee discovers that he or she unknowingly developed products that infringed patents already owned by the licensor and that are not licensed to the licensee under the patent license agreement (see section 2:5.4).
  • Royalties: Added information on withholding taxes on royalty payments (see NEW section 4:9.8).
  • Prosecution and maintenance: Instruction on the consequences of a party’s decision to abandon prosecution and mainte­nance (see section 6:3.2[A]).
  • Licensee efforts: Extensive coverage of a licensee’s obligation to use “best efforts” and commercially reasonable efforts (see section 12:1.1 and section 12:6, respectively).
  • Technology license agreements: New coverage around licensing of oth­er intellectual property, such as trade secrets, confidential information, and know-how (see NEW Chapter 20).
  • New contract provisions: Examples 1:5B, 1:9, and 1:20 (Definition of affiliate); Example 1:41A (Choice of law); Example 1:51A (Commercially reasonable efforts); Example 2:53 (Additional future patent li­cense; licensee infringing licensor patents not licensed under the patent license agreement); Examples 4:55A, 4:55B, and 4:55C (Tax withholding); Example 5:10 (Audit; pay­ment for audit); and Example 6:6 (Notice of intent to abandon prosecution or maintenance of licensed patents).

The Table of Examples, Table of Authorities,and Index have also been updated.

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PLI PLUS subscribers can access this title through their subscription.

Treatise Update – Fragomen on Immigration Fundamentals: A Guide to Law and Practice (Fifth Edition)

Fragomen on Immigration Fundamentals reveals the nuances of U.S. immigration law and practice along with the agency, legislative, and executive policies shaping the current environment for immigrants and asylum seekers. Packed with practical tips for employment-based and family-based immigration, avenues to permanent residence, naturalization obstacles, statutory admission denials, and the administrative and judicial review of unfavorable decisions, the book also features templatized immigration forms for key case milestones in the immigration process.

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

  • PERM applications: Coverage of the DOL’s transition of online PERM application filings from its legacy PERM Online portal to the FLAG system and the resulting restructuring of the application form (see section 2:2.5). For additional recent developments in the PERM context, check out this recent PLI Chronicle article, Wage Transparency Laws Add Extra Layer of Complexity to Labor Certification Recruitment.
  • Employer’s ability to pay: Discussion of the significantly expanded guidance from the USCIS regarding an employer’s ability to pay the proffered wage for immigrant petitions (see section 2:6.1[B]).
  • Age-out protection: Clarification of the requirements that children of permanent residents and derivative family members of principal family-based immigrants must meet to receive age-out protection (see section 3:3.4[A]).
  • Failure to apply in safe third country: Updates regarding the status of the Biden Administration’s rule creating a rebuttable presumption that migrants who attempt to cross the southern border without seeking asylum in a third country through which they traveled or procuring an asylum appointment through the CBP One mobile app are ineligible for asylum (see section 6:2.6[C][7]).
  • Screening of job applicants: New DOJ guidance provides helpful tips on avoiding citizenship status discrimination when complying with export control laws, reaffirming that employers cannot rely on them to limit jobs to U.S. citizens or workers with other citizenship or immigration statuses (see section 10:3.3[B]).

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PLI PLUS subscribers can access this title through their subscription.

Treatise Update – Directors’ and Officers’ Liability: Current Law, Recent Developments, Emerging Issues (Third Edition)

Directors’ and Officers’ Liability expounds the legal responsibilities of board directors and corporate officers of publicly-traded companies, the penalties that they face if they fail to meet their obligations, and the protections that are offered them under the law or by agreement.  The book also delves into director and officer duties, exculpation, indemnity, insurance, cybersecurity, and contested mergers and acquisitions. It highlights unique case studies relevant to pharmaceutical, biotechnology, hospitality, retail, and other sectors.

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

  • Board Diversity Legislation and Litigation: Litigation continues in challenges to California’s S.B. 826 and A.B. 979, which require public companies to diversify their boards. Both laws have been ruled unconstitutional, but appeals are pending before the Ninth Circuit in Meland v. Weber and Alliance for Fair Board Recruitment v. Weber. See § 2:3.3[C] for discussion of the latest developments.
  • Amendments to Rule 10b5-1: In December 2022, the SEC adopted amendments to Rule 10b5-1 to introduce new requirements for Rule 10b5-1 trading plans and elicit more comprehensive disclosure related to insider trading policies and the timing of certain option grants to officers and directors of public companies. See § 4:4.1[B] for explanation of the rule changes.
  • Anti-D&I Shareholder Derivative Litigation: As companies push to adopt D&I initiatives some have been confronted with an anti-D&I backlash in the form of shareholder derivative suits. One such significant case brought against Starbucks was recently dismissed by the District Court for the Eastern District of Washington. See § 8:6.2[B] for discussion of the court’s holding.

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PLI PLUS subscribers can access this title through their subscription.

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.