Category Archives: Practice Areas

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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Free Form of the Month

PLI PLUS offers unlimited electronic access to more than 4,500 downloadable, searchable, and editable legal forms ready for use in your practice. In an effort to highlight this unique content type, we’ve selected one form per month and made it available for anyone to download for free – no subscription required.

October’s free form:

Evidentiary Foundation Questions Samples

More information about Legal Forms & Checklists:

Forms & Checklists Flyer – This flyer provides an overview of the forms & checklists on PLI PLUS and highlights a handful of popular examples.

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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PLI PLUS subscribers can access this title through their subscription.

Free Form of the Month

September’s free form:

Sample Settlement and Release Agreement

More information about Legal Forms & Checklists:

Forms & Checklists Flyer – This flyer provides an overview of the forms & checklists on PLI PLUS and highlights a handful of popular examples.

New Edition: Fashion Law and Business: Brands & Retailers (Third Edition)

Fashion Law and Business: Brands & Retailers (Third Edition) provides clear guidance on the wide range of legal and business issues faced by fashion industry participants, including designers, suppliers, manufacturers of apparel and accessories, retailers, and emerging entrepreneurs. Written by three of America’s leading fashion and retail law authorities, the new edition incorporates coverage of AI as well as new discussion of sustainability and relevant rules of environmental law to provide a comprehensive guide to the issues affecting the fashion industry today.

Readers will learn the considerations involved in starting a company in the fashion industry, including:

Developing a business plan, determining the form and structure of the legal entity, and obtaining financing;
How patent, trademark, copyright, and international design rights protection laws have been applied to the fashion industry, and their impact in such areas as gray market goods and counterfeiting;
The contractual relationships and regulatory issues applicable to the design and production of fashion products;
The dynamics of retail sales in the apparel industry;
The legal issues involved in leasing and licensing brick-and-mortar retail stores;
How to deal with labor and employment issues that relate to the fashion industry,
The legal and practical concerns that affect sales and acquisitions of fashion companies, going public, and restructuring or bankruptcy.

Testimonials:

“A comprehensive guide that clearly addresses, in an approachable manner, all facets of law in the retail industry. Fashion Law and Business is unique in its global insider’s view and thorough understanding of the nuanced retail industry.”

–Kelly Koyama-Garcia, Retail Brand General Counsel

“…[T]his guide goes beyond the expected and usual topics to focus on key practice areas such as manufacturing, sustainability, real estate, and employment law. This publication is a must-have for any modern fashion lawyer who seeks to be well-rounded in law and business.”

–Lisa Keith, Executive Vice President & General Counsel, Steve Madden, Ltd.

“Fashion Law and Business is THE go-to resource for any (and every) fashion law practitioner, as it masterfully blends real-world industry challenges with insightful legal analysis.”

–Danielle Garno, Adjunct Professor in Fashion Law at the University of Miami School of Law and Partner, Daniel Ebeling Maccia & Cohen

“In an ever more rapidly evolving world where brands can take fashion they see on the street (or social media) and turn it into commercial production orders within hours, it is more important than ever to have a good understanding of the legal rules of the road. This casebook is an indispensable resource for designers, brands, and the ecosystem of partners who work with them.”

–Craig Fleishman, General Counsel of MycoWorks, Inc., formerly General Counsel to Rebecca Minkoff LLC

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Book Update: Social Media and the Law (2025 Edition)

Social Media and the Law analyzes the use of social media in various legal contexts, including privacy, civil litigation, employment, criminal activity and prosecution, intellectual property, defamation, advertising, and regulated industries. Additionally, this treatise discusses relevant legislation, court opinions, usage trends, and industry responses.

Book Update: Climate Change, Sustainable Investments, and Social Governance

Climate Change, Sustainable Investments, and Social Governance offers a thorough analysis of the regulatory environment surrounding financial products and institutions that incorporate sustainability and social responsibility. The book highlights how these considerations are increasingly central to financial regulation both in the U.S. and globally.

Highlights of this release (Release #1) include the following:

Chapter 2, Climate Risk and Disclosures and Related Issues for Financial Institutions: An Overview of the Framework, updated to track the transition of climate action from the Biden to the Trump Administration (Section 2:3.4).

Chapter 8, ERISA and ESG Investing, includes updated guidance on ERISA’s fiduciary duty in the context of ESG (Environmental, Social, and Governance) investing. It discusses the Department of Labor’s Advisory Opinion 2023-01A, (Section 8:3.3[G], and provides new case law updates related to ESG investing under ERISA, (Section 8:5).

To aid in your research, the Table of Authoritiesand Indexhave also been updated.

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