Category Archives: Treatise Update

Treatise Update: Reinsurance Law

Reinsurance Law examines the intricacies of U.S. reinsurance law in the twenty-first century, giving you a practical grasp of the purpose, benefits, markets, and costs of reinsurance; the features, operation, and risk-and-return characteristics of the full range of reinsurance products; state, federal, and international regulation of reinsurance; and a full understanding of resolving disputes in the industry. This practical guide is equipped with time-saving checklists, sample clauses and agreements for efficiency. It comprehensively covers federal and state law, industry standards, and practices, such as the Utmost Good Faith and Follow-the-Fortunes doctrines, and does so in a straightforward and easy-to-understand manner.

Highlights of the release include:

  • Revised Chapter 6 explains that arbitration is a matter of contract, and courts must enforce arbitration agreements according to their terms. Parties may agree to have an arbitrator decide whether the parties have agreed to arbitration.

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

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Treatise Update: Patent Claim Construction and Markman Hearings

Patent Claim Construction and Markman Hearings provides an in-depth guidance to patent claims, walking the reader through the entire process of preparing for, conducting, and appealing a Markman hearing. This book includes an entire chapter on the local court claim construction rules of the various district courts that have adopted them.

This treatise helps readers understand how courts decide “what a person of ordinary skill in the field of the patent invention would understand the language of the claim to mean”, the impact of prior constructions on a new hearing, how to decide what claims or claim elements should be construed by the court, what constitutes intrinsic and extrinsic evidence in interpreting the claim, at what point in the overall patent proceeding a construction hearing should be held, and what are the rules that will be used when a contested construction is an issue in an appeal to the Federal Circuit.

The latest release includes:

  • Federal Circuit cases summarizing how claim construction should be determined based on several post-Markman cases (see Chapter 1)
  • Coverage of Salazar v. AT&T Mobility LLC, a Federal Circuit case questioning whether “a” meant “at least one” in a patent claim that recited “a microprocessor” that performed one function and then referred to “said microprocessor” that performed several functions (See Chapter 2).
  • Discussions of Sequoia Technology, LLC v. Dell, Inc., in which the Federal Circuit explained that disclosures in other patents do not necessarily reflect what a person of ordinary skill would know or understand because such disclosures might be the patentee’s exercise in lexicography (See Chapter 6)
  • Appendix C now includes the 2024 AIPLA Model Patent Jury Instructions.

The Table of Authorities has also been updated.

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Treatise Update: Sack on Defamation: Libel, Slander, and Related Problems (5th Edition)

Sack on Defamation: Libel, Slander, and Related Problems offers strategic guidance for plaintiffs and defense attorneys and fully covers the basic elements of a defamation claim, including the types and amounts of damages that can be awarded, the treatment of libel per se and slander per se, the invasion of privacy torts, the causes of action for injurious falsehood, intentional infliction of emotional distress, and negligent misstatement, and the issues of jurisdiction and motion practice. Written by a U.S. Court of Appeals judge and updated by a constitutional law scholar from the University of Florida Levin College of Law, this treatise pinpoints practical legal issues vital to your clients, helping you understand when “truth” is not a defense.

The latest release includes updates on:

  • Chapter 2 on how to determine whether certain communications are defamatory covers a case involving political talk radio in which a politician was described as having “started a new political party” and a case from Texas involving an abortion opponent’s depiction of abortion advocacy groups as “criminal organizations.”
  • Chapter 4 discusses a case in which the New Hampshire Supreme Court interpreted New Hampshire law to protect a defendant who had couched his defamatory statement as speculation, thus providing more protection for opinion than Milkovich.
  • Chapter 5 covers a case in which the South Carolina Supreme Court held that a high school football coach, who was a public employee, was neither a public figure nor a public official and a New York case finding that a DJ was a limited-purpose public figure because he had purposefully and continuously publicized and promoted his business relationships with famous artists to attract publicity and business for himself and his record label.
  • Chapter 7  examines how hyperlinking, reposting, and retweeting is expanded with the discussion of cases from state and federal courts in New York, New Hampshire, Florida, California, and Ohio.
  • Chapter 10 discusses judicial review of damages awards takes note that plaintiffs may opt to prove “actual malice” to recover presumed damages without the need to prove actual damages.

The Table of Cases and the Defendant-Plaintiff Table have also been updated.

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Treatise Update: Langer on Practical International Tax Planning (5th Edition)

Langer on Practical International Tax Planning provides current knowledge and expert advice attorneys need to help clients capitalize on ripe tax havens and financial centers. The book provides up-to-date information on the legal, tax, business, financial, social, political, technological, geographical, and regional factors to consider when developing and implementing customized planning strategies for clients. Packed with case studies, the book guides readers on how to select the right territories for each client, deploy the right instruments within each territory to eliminate, reduce, or defer taxes, avoid planning missteps that trigger tax problems, use local contacts to open doors to tax havens, and respond effectively to changing tax planning situations in specific havens and financial centers.

The latest release includes updates on:

  • Chapter 2 discusses the Tax Court holding that a partnership was engaged in the conduct of a U.S. trade or business based on the activities of its asset manager, and was also a “dealer in securities” subject to the mark-to-market accounting rules of section 475.
  • Chapter 5 talks about a case in which the Tax Court noted that the scope of section 904(f)(3) allows taxpayers to offset U.S. tax liability with a foreign tax credit, but does not cap the taxpayer’s gain to the amount of corresponding loss.
  • Chapter 18 explains an IRS legal memorandum concluding that restricted stock units compensating an employee for work performed for both a U.S. employer and its controlled foreign corporation are wages subject to federal income tax withholding, but only grants for work performed in the United States will be subject to FICA.
  • Chapter 26 examines what it means to “willfully” (or “non-willfully”) file a false income tax return or fail to report foreign bank accounts.

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Treatise Update: Securities Law and Practice Deskbook (Sixth Edition)

Securities Law and Practice Deskbook is a thorough guide to the Securities Act of 1933 (“Securities Act”), the Securities Exchange Act of 1934 (“Exchange Act”), relevant rules and regulations, and key case law. This book serves as an introduction to U.S. federal securities laws, providing a base for how securities lawyers tackle issues. It also acts as a general review and a first resource for seasoned practitioners when dealing with unfamiliar aspects of securities law.

Updated twice a year to keep pace with frequently changing rules and regulations, the latest release includes updates on:

  • Chapter 1 includes upcoming Supreme Court rulings on the constitutionality of the SEC’s in-house judges and whether to overrule the Chevron doctrine.
  • Chapter 6 discusses new disclosure rules relating to SPAC IPOs and “de-SPAC” transactions and how they could lead to a further decline in the PIPE market.
  • Chapter 8 includes new SPAC rules imposing new disclosure requirements.
  • Chapter 9 discusses whether failure to makes a disclosure required in MD&A can support a private claim under section 10(b) and rule 10b-5 in the absence of an otherwise misleading statement. It also mentions the Fifth Circuit’s ruling vacating significant new rules that would have required quarterly disclosures and qualitative information regarding share repurchases.
  • Chapter 12 includes new SPAC rules stating that the Commission negates the ability of companies to use the PSLRA’s “safe harbor” for “forwardlooking” statements in SPAC IPOs and “de-SPAC” transactions.

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Treatise Update: Private Equity Funds: Formation and Operation

Private Equity Funds: Formation and Operation examines the various fund types, including PIPEs, SPACs, mezzanine funds, and credit opportunity funds, and is designed to provide a comprehensive understanding of how private equity funds work and are regulated.

Written by expert private equity fund specialists from Schulte Roth & Zabel LLP, this book provides guidance on major decisions when creating a new fund, such as choosing the right organizational options for funds and their sponsors, structuring and implementing ownership and compensation arrangements that work best for each fund, negotiating terms between fund sponsors and investors, hiring and retaining the best fund talent, and qualifying for the Securities Act’s private placement exemption, the IAA’s exclusion from registration as an investment adviser, and other exemptive relief.

The new release includes updates to the following chapters:

  • Chapter 1 includes new coverage of growth capital funds and credit dislocation funds.
  • Chapter 7 updates discussion of the job application and includes Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, 600 U.S. 181 (2023).
  • Chapter 12 includes updated discussions of the May 3, 2023, SEC amendments to Form PF requiring current reporting upon the occurrence of key events and also discusses the Private Fund Advisers Rule, which includes new rules and amendments to the Advisers Act applicable to private fund advisers.
  • Chapter 13 discusses the new rules, 3a5‑4 and 3a44‑2, under the Exchange Act to further define what it means to be “engaged in the business” of buying and selling securities for one’s own account.
  • Chapter 17 is a brand-new chapter that examines the class of credit extended by institutions to alternative asset managers to capitalize their funds.

The Index has also been updated for this release.

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Treatise Update: Insurance and Investment Management M&A Deskbook

Insurance and Investment Management M&A Deskbook is an essential reference guide on emerging trends in insurance and investment management M&A.

With this release, this Deskbook is fully up-to-date and covers many topics including acquisitions of public insurance companies, blocks of insurance business and private acquisitions; the regulatory environment of the insurance industry and the financial services industry; investment in the insurance industry by private equity and pension funds; and the expansion of insurance industry participants into emerging markets around the globe.

The new release includes updates to the following chapters:

  • Chapter 2: Updates include a discussion of the regulations and guidelines meant to prevent the discriminatory use of personal credit scores, external data, algorithms, and predictive models in pricing decisions for insurance policies.
  • Chapter 4: This chapter includes updates on Treasury and IRS guidance on the impact of the Corporate Alternative Minimum Tax (CAMT) on the insurance industry.
  • Chapter 7: Updated to include the latest on the participation of private equity firms in the insurance space, including NAIC recommendations to address concerns reflected in their list of Regulatory Considerations and guidance from the European Insurance and Occupational Pensions Authority (EIOPA) on how regulators should evaluate acquisitions by private equity firms in the run-off sector.

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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 and includes advice on structuring, staffing, and budgeting, as well as the use of foreign legal consultants and outsourcing.

Written by some of the nation’s leading corporate attorneys, this book will help you to develop compliance programs that minimize clients’ legal exposure in foreign markets, commercialize intellectual property, evaluate successful mergers and acquisitions abroad, structure effective international project financing transactions, ensure clients satisfy international guidelines crucial to their global viability, and manage legal challenges facing clients overseas.

The new release includes updates to the following chapters:

The Index has also been updated for this release.

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Treatise Update- Patent Litigation (3rd Edition)

Patent Litigation (3rd Edition) is an indispensable practical resource for every patent litigator. This treatise increases your ability to prevail at trial while helping you cut the costs and complexity of litigation. Written by leading patent litigators, this treatise helps guide it’s readers through the litigation process, helping them to understand various infringement actions and their respective burdens of proof; conduct comprehensive pre-suit investigations that streamline your cases; develop potent case themes; assemble strong litigation teams; get an early edge over opponents during discovery; reduce expenses by developing smart litigation budgets; maximize the persuasive impact of documents, exhibits, and lay and expert witnesses; and fortify their case while controlling costs by making savvy use of computers, jury consultants, and litigation support vendors.

Highlights of this release include:

  • Corporate disclosures under Rule 7.1 and the hotly debated issue of whether recent court-imposed disclosure requirements are justified or permissible (see section 3:7).
  • Case law from the federal circuit vacating a preliminary injunction that barred a patentee from informing the accused infringer’s customers of patent infringement because the accused infringer had not shown the infringement accusations to be unreasonable or objectively baseless as a matter of literal infringement or infringement under the doctrine of equivalents (see section 10:3.2).
  • Examples of courtroom technology available in common patent venues (see section 11:7.4).
  • The important role played by the Office of Unfair Import Investigations in section 337 proceedings before and after complaint filing (see section 14:4.4).
  • An expanded discussion of the remedies available in an ITC litigation (see section 14:4.9).
  • A new section on the public interest factors that the ITC must consider in fashioning a remedy (see section 14:4.10).

The Index and Table of Authorities have also been updated.

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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 quick-reference compliance tools.

This 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: Deference: When the Court Must Yield to the Government’s Interpretation: Answers the questions of 1) whether Joint Committee reports carry more weight than law review articles and 2) whether IRS publications displace controlling statutes, regulations, and case law (see section 1:2 and section 1:3.1).
  • Chapter 3: Reporting and List Maintenance Requirements: Discusses how a district court’s invalidation of a notice on a nationwide basis was an error (see section 3:5).
  • Chapter 4: Circular 230: Suggests a best practice in the event a practitioner should die or become incapacitated (see section 4:16).

An updated Table of Authorities is included.

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