Mutual Funds and Exchange Traded Funds Regulation (Third Edition) offers professionals who work at or advise mutual and exchange-traded funds an in-depth look into the SEC and DOL rules that impact these funds. Readers will discover insights on taxation considerations, prospectus delivery and disclosure standards, safe harbors, valuation practices, compliance concerns, conflicts of interest, contract drafting, marketing, and inspector request response strategies.  

The new release includes updates to the following chapters:

• Chapter 11, Proxy Voting, reviews the SEC’s July 2022 rescission of part of the 2020 amendments to the proxy and solicitation rules under the Exchange Act; the November 2022 SEC amendments designed to enhance disclosures by investment companies regarding proxy votes; and the 2022 DOL Rule changes to the prior rulemaking.
• Chapter 25, SEC Inspections, provides updated discussions on routine examinations and the characteristics the SEC’s Office of Compliance Inspections and Examinations (EXAMS) uses when ranking firms; and the incorporation of the new Marketing Rule into the examination process.
• Chapter 32, Money Market Funds, covers Rule 2a-7 and the other rules (the “2023 Amendments”) that govern money market funds, including changes to the liquidity fee and redemption gate framework under Rule 2a-7; and disclosure Form N-1A and Form N-MFP. New discussion of the amendment to Rule 2a-7 to allow stable NAV money market funds to implement a reverse distribution or similar share cancellation mechanism (RDM) that would reduce the number of the fund’s outstanding shares in order to maintain a stable share price in a negative interest rate environment.
• Chapter 35,Exchange-Traded Funds, includes revisions to Rule 12d1-4 under the Investment Company Act, a new rule designed to streamline and enhance the regulatory framework for funds that invest in other funds (“funds of funds”).
• Chapter 45, Investment Management M&A, discusses the Inflation Reduction Act.

The Table of Authorities and Index have also been updated for this release.

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Sinclair on Federal Civil Practice is a two-volume treatise that is designed to give quick and authoritative answers for issues arising in federal civil litigation and to serve as a guide to the principal rules and tactical considerations guiding lawsuits in the federal courts. It starts with the layout of the court system and the nature of its key personnel, followed by jurisdiction and venue principles, and then turns to the sequence of litigation, from pleading to discovery, trial, and then appeal, while explaining the rationale of the rules, citing the key interpretive cases, and offering court-tested practice tips.

The new release includes the following updates:

• Chapter 1: The Federal Judicial System includes a new detailed discussion of alternative dispute resolution in federal civil practice.
• The Compendia of Recent Cases includes numerous recent federal cases, providing a quick resource for identifying relevant authorities (See the Compendia of Recent Cases Volume 1 and Volume 2).

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Likelihood of Confusion in Trademark Law  provides a comprehensive explanation of the significant multi-factor test, giving you a better understanding of the key elements used by courts to determine if likelihood of confusion exists. This book includes hundreds of real-life examples that help to showcase the different kinds of trademarks that are likely to be confused with established trademarks, and those that are not. This must-have reference includes effective, trial-tested strategies and tips on how to outmaneuver your opponent in court, whatever side you represent.

The new release includes updates to the following topics:

• Proof: Covers the key Ninth Circuit decision in Punchbowl, Inc. v. AJ Press, LLC, noting that “the expressive nature of AJ Press’s use of the Punchbowl Mark and the fact that ‘punchbowl’ is a common word will certainly be relevant in the likelihood-of-confusion analysis” (See Section 1:8.2).
• Sound: Highlights the Tenth’s Circuit’s decision in Elevate Federal Credit Union v. Elevations Credit Union where the marks at issue, used in banking services, shared the same root term but sounded different because of the difference in number of syllables and where the emphasis was placed (See Section 4:3.2).
• Appearance: Takes note of JetBlue Airways Corp. v. Airblue Ltd., a decision in which the TTAB ruled that consumers could perceive services under the AIRBLUE mark as an extension of JetBlue’s services. The TTAB also noted that it “is sufficient for a finding of likelihood of confusion if relatedness is established for any item encompassed by the identification of services within a particular class in the application” (See Section 4:3.4[B]).

The Table of Cases has also been updated for this release.

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Hedge Fund Regulation (Second Edition) provides a comprehensive understanding of hedge funds, from their history and investment strategies to the legal and compliance considerations affecting their structuring, management and market activities. It examines all aspects of these innovative investment vehicles and addresses current regulatory concerns that impact hedge funds, their managers and investors. Updated regularly to keep current with regulatory and enforcement developments, this book is designed to guide practitioners in structuring, organizing, and managing hedge funds.

The new release includes updates to the following chapters:

• Chapter 23 addresses the SEC’s new “Dealer Rules” that expands the reach of dealer regulation to managers and funds deemed to be market liquidity providers.
• Chapter 24 covers the revised requirements for filings under sections 13(d) and 13(g) of the Exchange Act as well as related SEC guidance on the applicability of beneficial ownership to cash-settled derivative securities and the parameters of group status. Added sections addressing new Form N-PX “say on pay” filing obligations and Short Position and Stock Lending Reporting.
• Chapter 25 discusses revisions to the FSOC’s Guidance on Nonbank Financial Company Determinations and its related Analytic Framework for Financial Stability Risk Identification, which alter the considerations to be used to assess the SIFI status of nonbank financial companies.

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Substantial Similarity in Copyright Law focuses on the pivotal subject of substantial similarity and helps plaintiff and defense attorneys evaluate and advocate copyright infringement claims. The book illustrates how substantial similarity tests apply to specific kinds of copyrightable material—from fiction to computer programs, and from sound recordings to architectural works­. Practitioners will learn how courts address substantial similarity at each stage of litigation from motion practice to trial, and when they can leverage expert witnesses to strengthen their claims or discredit their adversary.

Highlights from the new release include updates to the following chapters:

• Chapter 2 discusses unprotectable material and “thin copyright”.
• Chapter 3 provides updated discussion of the Ninth Circuit’s substantial similarity test and  when dismissal on grounds of substantial similarity is appropriate.
• Chapter 9 examines Gray v. Hudson, where the Ninth Circuit affirmed that an eight-note ostinato was not copyrightable.
• Chapter 13 covers Structured Asset Sales, LLC v. Sheeran, the first case that expressly rejects an infringement claim based on a combination of individually unprotectable elements on grounds of numerosity.

The release provides new illustrations of the matters in issue in these cases:

• Cub Club Inv. v. Apple Inc. (racially diverse emojis) (see new Appendix A.1.T)
• Morford v. Cattelan (banana duct-taped to a wall) (see new Appendix A.2.L)
• teamLab Inc. v. Museum of Dream Space, LLC (interactive, digital, audiovisual museum displays designed to immerse visitors in the vastness of the universe) (see new Appendix A.2.M)
• ACT, Inc. v. Worldwide Interactive Network, Inc. (description of skills to be learned) (see new Appendix A.3.H)
• Hanagami v. Epic Games Inc. (choreography) (see new Appendix A.3.I)
• Unicolors, Inc. v. H&M Hennes & Mauritz, L.P. (sweater) (see new Appendix A.9.W)
• Advanta-STAR Auto. Research Corp. of Am. v. DealerCMO, Inc. (automobile comparison database) (see new Appendix A.9.X)
• Klauber Bros., Inc. v. M.J.C.L.K., LLC (fabric designs) (see new Appendix A.9.Y)
• Hayden v. Koons (serpent platform sculpture) (see new Appendix A.11.U)

In addition, the Table of Cases, the Defendant-Plaintiff Table, and the Index have been updated.

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