Category Archives: Treatise Update

Treatise Update – Langer on Practical International Tax Planning (Fifth Edition)

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Regularly updated, Langer on Practical International Tax Planning gives you the latest news on the legal, tax, business, financial, social, political, technological, geographical, and regional factors to consider when developing and implementing customized planning strategies for clients. It is an invaluable tool for tax and estate planners, tax attorneys, accountants, and sophisticated investors.

This new release updates the treatise with up-to-date practical information and analysis to help preserve your clients’ assets.

Highlights include:

  • Revised section 2:4.2 explores the Tenth Circuit holding about whether the government had the right under section 7345 to revoke the passport of a “seriously delinquent taxpayer.”
  • New section 6:8 recognizes that there are a number of different types of Son-of-Boss transactions, but identifies what they all have in common.
  • Revised sections 8:5.6, 50A:3, 52B:2, and 78:4 explain that the USMCA modernizes NAFTA, is entered into by the same parties, and governs the standards for trade and investment among the parties going forward.
  • Expanded section 26:4.1 examines the revenue procedure providing the domestic asset/liability percentages and domestic investment yields needed by foreign life insurance companies and foreign property and liability insurance companies to compute their “minimum effectively connected net investment income” under section 842(b).
  • Miscellaneous revisions are found throughout the other chapters published in this Release #6.

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Treatise Update – Holtzschue on Real Estate Contracts and Closings:  A Step-by-Step Guide to Buying and Selling Real Estate (3rd Edition)

Holtzschue on Real Estate Contracts and Closings is an invaluable resource for attorneys and general practitioners who handle real estate deals as well as an important reference for brokers, title insurers, and inspectors.  It distills more than thirty years of transactional experience into one plain-English treatise that clearly explains governing law and customary industry practices.  The book provides useful legal, technical, and strategic guidance and checklists for sellers’ and purchasers’ attorneys preparing them to execute dispute-free residential deals quickly and easily.

This new release offers the latest information crucial to your practice.  Highlights include:

  • Chapter 2, Drafting and Negotiating the Contract. New Tips on who is favored in decisions dealing with “as is” and caveat emptor (see section 2:2.11[A][1]), and mortgage commitment contingency (see section 2:3.1).
  • Chapter 4, The Closing. Coverage of the New York Electronic Notarization Bill, effective June 20, 2022, which will allow notarial acts through a completely electronic format, referred to as Remote Online Notarization (RON) (see section 4:1); and the December 7, 2021 FinCEN Notice of Proposed Rulemaking which implements the federal Corporate Transparency Act’s beneficial ownership information (BOI) reporting provisions as to corporations, limited liability companies, or other entities (see section 4:2.4).
  • New and updated cases and other authority throughout the text, including in the following important areas: Ethics and Professional Responsibility, [8] Attorney Escrow Accounts; easement for historic preservation (see section 2:2.7[D][7]); failed suits against title insurance companies (see section 2:2.7[E]); caveat emptor (see section 2:2.11[A]); and attorney approval clauses (see section 2:3.26[B]).

In addition, the Table of Authorities and Index have been updated to reflect the latest revisions.

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Treatise Update – International Corporate Practice: A Practitioner’s Guide to Global Success

International Corporate Practice provides guidance on building a comprehensive global legal department, including advice on structuring, staffing, and budgeting, as well as the use of foreign legal consultants and outsourcing. It also includes helpful case studies, checklists, and sample documents.

This release features new material designed to enable lawyers, whether in-house or outside counsel, to operate efficiently on the global stage. Topics discussed include the following:

  • International attorney-client privilege: New sections discuss the privilege in Bulgaria (§ 2:2.4), India (§ 2:2.12), and Ireland (§ 2:2.13).
  • Outsourcing and e-discovery: A discussion of the impact of using predictive coding and artificial intelligence in reviewing electronically stored information is included in § 5:1.6.
  • International corporate compliance: Revisions to chapter 6 take note of three actions that the Department of Justice took in 2021 to strengthen its response to corporate crime (see § 6:4).
  • International litigation and discovery: Chapter 10 has been updated with a discussion of obtaining discovery in the United States for use in a foreign tribunal under 28 U.S.C. § 1782 (see § 10:7.1).
  • International labor and employment law: The updates in Chapter 21 include analysis of the EU Whistleblower Protection Directive, which sets minimum standards for protections that EU Member States must provide to whistleblowers (see § 21:4.7).
  • Data protection and privacy: A completely revised and reorganizedChapter 24 focuses on the EU General Data Privacy Regulation, which has set the standard for global data protection.
  • The Index has also been updated for this release.

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Treatise Update – The Circular 230 Deskbook: Related Penalties, Reportable Transactions, Working Forms

The Circular 230 Deskbook is an essential compliance resource for every tax professional who practices before the IRS.  It helps practitioners comply with complex Circular 230 amendments more easily — and avoid costly penalties and sanctions.  In addition to demonstrating prescribed duties when advising clients in the preparation of tax returns, it offers laminated, quick-reference compliance tools.

This thirty-second release updates the treatise with the latest developments in tax and estate law relating to IRS Circular 230.   Highlights from the new release include:

  • Chapter 1, Section 1:3: Discusses Wilson v. Commissioner, a case concerning whether the IRS’s “publicly stated positions” in the IRS manual or instructions “constitute rules carrying the force of law as required for Chevron deference.”
  • Chapter 3, Section 3:5: Explains whether the Anti-Injunction Act would preclude pre-enforcement judicial review if Congress amended the disclosure rules to impose a tax on a reportable transaction rather than a disclosure obligation backed up by a penalty for those who fail to comply.
  • Chapter 4, Section 4:13.6[B]: Explores Rodgers v. United States, in which the Ninth Circuit decided whether willfulness for purposes of section 6694(b) can be predicated on the basis of willful blindness or if it must be based on a finding of specific intent to understate liability.
  • Updated Appendix N, IRS Form 2848, Power of Attorney and Declaration of Representative.
  • Updated Table of Authorities is included.

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Treatise Update – New York Elder Law

New York Elder Law taps experts in their respective fields to cover the latest legal developments regarding Social Security; Supplemental Security Income; Social Security and SSI Disability; Medicare; Supplemental Medical Insurance; Medicaid for the elderly, blind and disabled; home care; protective services; housing; nursing homes; health care decision-making; veteran’s benefits; and retirement plans. 

This treatise contains numerous time-saving checklists to help readers stay current with rapidly changing laws including up-to-date eligibility and benefit levels, benefit checklists for older adults, and flow charts for step-by-step guidance through complex appeals processes.

Highlights of this new release include:

  • Chapter 4, Medicare. Discussion updated to reflect COVID-19-related extensions and waivers and the 2022 figures for the deductibles and copayments under the Part D Drug Benefit (see section 4:14.5). In addition, appendices 4A, 4B, 4E, and 4F have been updated with the most current figures.

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Treatise Update – How to Write a Patent Application (Third Edition)

The third edition of How to Write a Patent Applicationwalks you step-by-step through the entire process of preparing patent applications.  Completely up-to-date, it is stocked with sample drafting language, documents, drawings, and checklists.  In addition to providing practical suggestions and commentary, the book analyzes the latest USPTO initiatives and key decisions of the federal courts.

New or updated topics addressed in this release include:

  • Assignments: For a discussion of (1) the extent to which an employer can rely on an assignment clause to assert an ownership interest in a patent that was obtained after employment and (2) how to make an assignment effective for the doctrine of assignor estoppel, see section 2:3.3.
  • Translations: For an example of the indefiniteness issues that translation into English can create and ways to avoid a finding of invalidity due to mistranslation, see sections 2:8 and 8:6.4.
  • Abstract ideas: New examples of inventions that the Federal Circuit held were abstract ideas have been added to section 7:4.1[B]. A recommendation for drafting specifications and claims for inventions using blockchain technology to avoid abstractness is included in section 7:4.6.
  • Enablement: To see how the use of functional language can make satisfaction of the enablement test more difficult, especially for biotech inventions, see sections 8:3.5[A] and 9:3.2[A]. What’s more, the need to clearly distinguish between prophetic examples that describe predicted experimental results and working examples is explained in section 9:3.2.
  • Appendix B (selected regulations), the Table of Authorities, and the Index have also been updated.

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Treatise Update – International Tax & Estate Planning: A Practical Guide for Multinational Investors (Third Edition)

In International Tax & Estate Planning: A Practical Guide for Multinational Investors (Third Edition), one of the nation’s leading multinational investment authorities presents a clear and practical approach to managing and disposing of private wealth.  Featuring detailed planning checklists and formulas for calculating taxes and tax credits, the treatise is an indispensable resource for lawyers, private bankers (both investment and commercial), corporate personnel of multinational corporations, accountants, and investment advisers.

The twenty-fourth release of the book provides updated practical information that enables multinational investors (and those who advise them) to protect investments, minimize taxation, maintain confidentiality, and assure proper disposition of assets upon an investor’s death.

Specifically, the latest iteration of the book includes:

  • A revised Chapter 1, Conflict of Laws, which explores topics including the definition of domicile in various states and countries, and revisions to, and ratification of, the Convention on the Conflicts of Laws Relating to the Form of Testamentary Dispositions.

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Treatise Update – Derivatives Deskbook: Close-Out Netting, Risk Mitigation, Litigation (Second Edition)

Derivatives Deskbook: Close-Out Netting, Risk Mitigation, Litigation is a comprehensive resource for all users of swap agreements and derivatives, from financial institutions to corporate end-users. The treatise defines the key terminology and identifies the major players, discusses the full range of required documentation, highlights best practices for the legal risk management of derivatives, and includes numerous practice-tested legal forms. Most importantly, it examines all significant, and often difficult-to-find, derivative transactions litigation cases from leading jurisdictions worldwide.

Highlights of this new release include:

  • Expanded section 1:1 explains the repercussions of the Texas energy crisis that occurred in February 2021, particularly with regard to how it relates to corporate end-users of derivative transactions.
  • Revised section 6:6.1 explores how additional termination events that are tied to the financial health of a counterparty could be specified conditions similar to having events of default as specified conditions.
  • Completely revised Chapter 9 examines the Dodd-Frank Act, EMIR, and MiFid II, and their implications on the OTC derivatives market in light of the 2020 revisions to Commodities Futures Trading Commission regulations.

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Treatise Update – Electronic Discovery Deskbook (Third Edition)

Electronic Discovery Deskbook guides attorneys through the legal, procedural, and technical challenges of e-discovery while reducing its costs and risks. The Deskbook aids in developing cost-effective, legally defensible information and litigation management policies and procedures for the identification, preservation, collection, preparation, and production of discoverable, electronically-stored information (ESI).  It offers a bounty of useful tips and alerts readers to vital trends, focusing on new technologies, new compliance demands, and new legal vulnerabilities for counsel.

Updated chapters reflect the latest cases, legislation, guidance, and commentary pertaining to electronic discovery. Highlights of the new release include:

  • Mobile and wearable technologies: The new §13:2.4 discusses litigation on the issue of whether, for purposes of ESI, an organization has “control” over devices used by its employees.  It provides guidance on how employers may avoid or limit the need to collect data from such devices, regardless of whether they are provided by the employer or the employee.
  • International Laws: Chapter 14 International Issues includes the most recent developments outside of the United States pertaining to electronic discovery.

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Treatise Update – Deskbook on Internal Investigations, Corporate Compliance, and White Collar Issues (Second Edition)

Deskbook on Internal Investigations, Corporate Compliance, and White Collar Issues is a vital reference for attorneys, executives, compliance officers, securities professionals, and regulators that examines the regulatory and criminal issues that can arise in a corporate setting. It offers guidance on how to build a comprehensive compliance program that can prevent legal missteps, carry out internal investigations to identify and remediate legal problems, protect the rights of employees when they are subject to investigation or prosecution, and cooperate with government investigators in ways that help reduce legal and financial damage if wrongdoing is proved.

All chapters are updated to reflect the most recent trends and specific high-profile DOJ investigations, settlements, and actions. Highlights of the new release include:

  • Filter Teams: A new section discusses the government’s use of “filter teams” to review seized records that may contain attorney-client privileged communications and/or work product. Courts have issued disparate opinions on whether the practice is proper (see § 2:8).
  • DPAs: A new section presents likely changes within the Biden administration regarding the use of DPAs based on activities and statements of President Biden, Attorney General Garland, and several other recent DOJ appointees (see § 9:3.3). Another new section discusses recent congressional activity pertaining to DPAs, specifically the 2021 National Defense Authorization Act and the VOCA Fix to Sustain the Crime Victims Fund Act of 2021 (see § 9:3.4).
  • Antitrust Investigations: New subsections discuss additional current ongoing Antitrust Division investigations: collusion in the broiler chicken industry as part of the Division’s larger interest in how conspiracy affects household staples (see § 12:4.3[B]); matters, both domestic and international, pursued by the DOJ’s Procurement Collusion Strike Force (see § 12:4.3[C]); and labor market prosecutions involving agreements among employers that constrain the terms of hiring or employment in violation of the Sherman Act (see § 12:4.3[D]).

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