Category Archives: Treatise Update

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

Investment Adviser Regulation: A Step-by-Step Guide to Compliance and the Law (Third Edition) leads practitioners through statutory, SEC, and state standards impacting investment advisers, while giving advice on the practical aspects of building a practice. This regularly updated treatise is an essential resource for investment advisers, securities attorneys, compliance personnel, and federal and state regulators, and a useful reference for today’s investors.

Highlights of the recent update include:

Chapter 61, Valuation Issues Under the Investment Advisers Act, provides new coverage of discussions such as the SEC’s enforcement actions regarding investment adviser valuation cases. Updates on use of a pricing or valuation committee are also included (Section 61:4 and 61:7)

Chapter 63, Regulation of Digital Advisers, covers Investment Advisers Act Rule 203A-2(e), which includes an exemption allowing advisers which provide advisory services via the internet, or any other mobile application or platform, to register with the SEC (“Internet Adviser Exemption”) eve if they do not have enough assets qualify for federal registration (Section 63:4.1)

Chapter 64, Blockchain and Digital Assets, is broadly updated, featuring coverage of recent regulatory developments covering digital asset securities and commodities. It also includes the recently signed Guiding and Establishing National Innovation for U.S. Stablecoins Act (“GENIUS” Act). (Sections 64:6.1[B][12], 64:6.1[B][13], 64:6.2[A][5], 64:6.1[B][7] and 64:7.3[A])

Chapter 66, Big Data and Artificial Intelligence: Legal and Compliance Considerations for Investment Managers, examines the developing regulatory views on AI, such as the current administration’s AI action plan, the SEC’s guidance, the EU AI Act, state AI laws, and voluntary guidance from the National Institute of Standards and Technology and the International Organization for Standardization to help organizations manage the risks associated with AI Usage. This chapter also provides a new discussion reviewing the ways in which investment managers can leverage the advantages of AI use while minimizing the risks (Section 66:5.5 and 66:6.8)

Updates to the Table of Authorities and Index

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

Fintech, Regtech, and the Financial Services Industry analyzes the developments taking place within the financial services industry and spotlights the opportunities they bring to the marketplace, while also highlighting the emerging regulatory framework. This newly supplemented treatise follows the development of fintech, regtech, and suptech, discussing revolutionary innovations within the financial services industry as a whole.

Highlights include:

Chapter 2, Fintech Jurisdictional Issues, details the joint statements by the SEC and CFTC about streamlining oversight as markets converge and launching initiatives for cross-agency crypto trading; it also covers the “GENIUS” Act enacted into law on July 18, 2025

Chapter 3A, Artificial Intelligence in the Securities Industry,highlights key U.S. regulatory developments on AI, such as the FINRA Regulatory Notice 24-09, the March 2025 roundtable on AI, the 2025 FINRA Annual Regulatory Oversight Report, and the December 2024 U.S. Department of Treasury report covering AI risks and opportunities

Chapter 5, Regulation of Digital Advisers, analyzes the SEC’s Internet Adviser Exemption under Investment Advisers Act Rule 203A-2(e), which allows advisers offering services through digital platforms to register federally, even lacking sufficient assets (Section 5:4.1)

Chapter 8, Financial Technology Platforms, examines the Latham & Watkins No-Action Letter from March 12, 2025, which confirms issuers under Rule 506(c) may use investor self-certification for accredited status when investing equal to or above a minimum amount (Section 8:2.1[B])

Chapter 8B, Blockchain and Digital Assets, provides extensive updates to the chapter, including coverage of regulatory developments on digital asset securities and the GENIUS Act (Section 8B:6.1 and 8B:7.3[A])

Chapter 12A, Privacy Laws Applicable to Fintech Companies, outlines new discussion of the Personal Financial Data Rights final rule, also known as the “Open Banking Rule”, issued by the Consumer Financial Protection Bureau on October 22, 2024, as well as updated coverage of state comprehensive privacy laws (Section 12A:7 and 12A:8.2)

Chapter 14, Regulation SCI and Trends in IT and Cybersecurity Regulation, Compliance, and Enforcement, discusses the SEC’s May 2024 Regulations S-P Amendments and provides an update on the 2024 Intercontinental Exchange settlement for Regulation SCI violations (Section 14:3.6[A][1] and 14:5.2[I])

Chapter 15, Big Data and Artificial Intelligence: Legal and Compliance Considerations for Investment Managers, covers evolving AI regulations, including the current administration’s AI action plan, the EU AI Act, state laws, and voluntary guidance from NIST and ISO (Section 15:5.5[A], 15:5.5[D], 15:5.5[H] and 15:5.5[I])

Chapter 21, Financial Services Firms’ Use of Data Analytics and Technology in Compliance, provides an updated analysis of regulators’ expectations for compliance technology with SEC and FINRA enforcement actions and a review of the developing jurisdictional regulatory landscape for AI in financial services. This chapter also provides guidance on AI compliance opportunities and risks, expanding the previous best practices discussion to include recordkeeping challenges, third-party vendors, and outlines a phased approach to deploying AI tools (Section 21:2.2, 21:2.3, 21:3.6, 21:3.7, 21:3.8)

Chapter 22, Regulators’ Use of Data Analytics, includes a new discussion outlining the trajectory of the SEC’s position on deploying AI tools in its regulatory mission (Section 22:3.6)

The Table of Authorities and Index have been updated

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Corporate Valuation in Mergers and Acquisitions

Corporate Valuation in Mergers and Acquisitions, by the incomparable Sam Thompson, provides foundational perspectives regarding legal, finance, accounting, and economic aspects of valuation in merger and acquisition (M&A) transactions. This newly supplemented treatise (December 2025) serves as a guide for lawyers examining the roles of investment bankers, valuation experts, and the courts in valuing targets.

Highlights of this second release include:

A new chapter, Chapter 21, A Brief Introduction to Cryptocurrency and the Valuation of Cryptocurrency in M&A and Related Transactions.

A new chapter, Chapter 22, A Brief Introduction to the Impact of Artificial Intelligence (AI) in Valuation of Companies Engaged in M&A, introduces valuation-related AI and its emerging issues.

An analysis of the newly issued “International Valuation Standards Council’s 2025, International Valuation Standards” (Section 1:13)

An updated section introducing “Professor Damodaran’s Discussion of the Hurdle Rate in a February 2025 ‘Musings on Markets’ Post” (Section 11:9.5)

A new section titled “A Brief Introduction to the Impact of Tariffs on Valuation” (Section 20:11)

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

Fragomen on Immigration Fundamentals: A Guide to Law and Practice (Fifth Edition) provides readers with in-depth coverage relating to the rules, policies, and procedures of immigration law in the United States. This treatise features guidance for both general practitioners and seasoned immigration attorneys, supplemented with legal analysis of recent cases, policies, and rules.

Highlights include:

Chapter 1, The Basic Immigration Structure, covers a range of recent executive actions that the Trump administration has issued to address border security (Section 1:3.6)

Chapter 2, Employment-Based Immigration, includes an update on the June 2025 proclamation limiting visa and travel restrictions for the nationals of nineteen countries (Section 2:10.5[D][6])

Chapter 3, Family-Sponsored Immigration, provides an update regarding the USCIS’s decision to return to an earlier policy determining children’s age-out protections (Section 3:3.4[A])

Chapter 5, Nonimmigrants, features the June 2025 State Department cable requiring enhanced screening and vetting of social media for visa applicants of F and M students, as well as J exchange visitors. It also covers ICE’s termination of SEVIS records for thousands of students during the spring of 2025 (Section 5:1.2[D] and 5:8.4[D])

Chapter 12, Citizenship, details the Supreme Court’s recent partial stay of 3 district court nationwide injunctions which blocked implementation of an executive order that limits birthright citizenship for certain children born in the United States after February 19, 2025. This chapter also covers the Court’s ruling on the legality of nationwide injunctions in general. (Section 12:2.1[C])

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Book Update: Commercial Ground Leases (Fourth Edition)

Commercial Ground Leases is a practical guide for creating fair and accurate lease agreements between landlords and tenants. It explains key topics such as lease terms, property use, and occupancy rights. This seventh release of Commercial Ground Leases is updated with the latest developments in the law and practice of ground leases.

Highlights of Release #7 include:

Chapter 1, The Truth About Ground Leases, includes new material on duty of care and duty of loyalty (Section 1:3.5).
Chapter 4, Reappraisal of Ground Rents, includes a new case study on “highest and best use” and financial feasibility, in which the Seattle Public Schools leased the site of a former school for a shopping mall (Section 4:1.3).
Chapter 9, Bankruptcy, includes new material on letters of credit (LOCs) (Section 9:3.2[B]).
Chapter 19, Default and Redemption, Section 19:1 has been renamed “Default: A User’s Guide,” and has been expanded to cover the practical aspects of default from the perspective of a leasehold lender, a landlord, and a tenant.
Chapter 24, Arbitration and Mediation, includes new material on MAI appraisers (Section 24:3).
The Table of Authorities and the Index have been updated.

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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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