Category Archives: Practice Areas

Treatise Update – Sinclair on Federal Civil Practice (Fifth Edition)

Sinclair on Federal Civil Practice gives quick and authoritative answers for issues arising in federal civil litigation and serves as a guide to the principal rules and tactical considerations guiding lawsuits in the federal courts. This two-volume treatise explains the layout of the court system and the nature of its key personnel, jurisdiction and venue principles, and the sequence of litigation.  It also provides insight into the rationale of the rules by citing the key interpretive cases and offering court-tested practice tips.

Highlights of the new release include:

  • Chapter 15: Significant expansion of discussion regarding jury instructions, including the respective roles of the judge and counsel; due process limits on jury discretion; the plain error standard; objections to instructions; timing of instructions, requests and actions on requests; jury instruction drafting principles; and review of preserved and unpreserved instruction errors.  
  • Chapter 18: In-depth analysis of the harmless error rule, including of Supreme Court jurisprudence on the issue and the Court’s differentiation between three classes of errors that can have an adverse impact on a litigant’s substantial rights during trial: (1) non-constitutional errors; (2) “trial errors”; and (3) “structural defects.”
  • Chapter 19: Discussion of recent amendments to Rule 3 of the Federal Rules of Appellate Procedure addressing how an appeal of right is taken, and specifically affecting the content of the notice of appeal that is required, with important clarifications regarding the scope of the judgment or appealable order designated in the notice of appeal.

In addition, numerous recent law review articles are added to the Additional Resources section of many chapters, and the chronological circuit-by-circuit Compendium of Recent Cases (Vol. 1 & Vol. 2) is updated.

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Treatise Update – Corporate Legal Departments: Practicing Law in a Corporation

Corporate Legal Departments: Practicing Law in a Corporation provides invaluable guidance on a wide range of responsibilities and dilemmas in-house attorneys face.  It advises on matters such as detecting and preventing internal legal problems, developing corporate business plans, pursuing new business opportunities, using cost-effective litigation strategies, and managing corporate crises.  The treatise features a unique In-House Counsel’s Handbook covering some of the key areas of corporate law and compliance.

Highlights from this expanded and updated release include:

  • Technology management: A new section discusses the role technology plays in promoting remote communications, data privacy, and cyber security, especially in the COVID-19 era, and whether current technology fully supports legal entity management (see section 6:4).
  • Organization: A new section illustrates four types of reporting lines that are critical for promoting communication and transparency between the general counsel and the chief executive officer as well as the board of directors (see section 2:8).
  • Privileged communications: A memo from the Department of Justice in a recent case involving Google explains the need to properly educate in-house counsel and nonlawyer employees on the practice of copying counsel on requests for legal advice where no advice is requested in order to shield business advice in the cloak of legal advice offered by counsel (see revisions in sections 12:1 and 14:15.11).
  • In-House Counsel’s Handbook: This release includes extensive updates to Appendix A, which is designed to help in-house lawyers understand pertinent points in key areas of their practice.

The Index has also been updated for this release.

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PLI’s 2022-2023 Course Handbook Series Subscription Dates & Pricing

The start to PLI’s 2022-2023 Course Handbooks Series Subscription season is quickly approaching! Subscribe today to save up to 75% off the retail price and automatically receive a print copy of each PLI course handbook in your selected practice area as it is published. Subscriptions run from September 1, 2022 through August 31, 2023.

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

Fragomen on Immigration Fundamentals provides in-depth coverage of the rules, policies, and procedures related to key facets of immigration law in the United States. Throughout, the authors supplement analysis of recent cases, policies, and rules with practical guidance for both general practitioners and experienced immigration attorneys.

Some of the important recent developments discussed in this release include:

  • PERM Recruitment: §2:2.4[D][6] discusses how an August 2021 DOJ settlement agreement in a U.S. worker discrimination lawsuit against Facebook impacts government enforcement of the PERM program.
  • COVID-19: §2:10.3[A][3] and §3:4.1[C] reveal a new COVID-19 related requirement that green card applicants must satisfy in order to be deemed eligible for permanent residence. The new requirement is in­cluded in the routine medical examinations for both adjustment of status applicants in the United States and immigrant visa applicants applying at U.S. embassies and consulates abroad.
  • Work authorization for spouses: §5:6.3[B] and 10:3.4[N] cover a November 2021 announcement by the USCIS regarding the work authorization process for certain E, L-2, and H-4 spouses in response to a lawsuit that challenged the lengthy processing delays of EAD applications for dependents.
  • T nonimmigrants: In October 2021, USCIS issued comprehensive guidance in its Policy Manual regarding the adjudication of T nonimmigrant status applications for victims of severe forms of trafficking in persons (see §5:28.1[A]).
  • H-2B changing employers: §10:3.4[M] explains how a provision of a January 2022 DHS rule providing a cap increase for FY 2022 gives greater job flexibility to H-2B workers already in the United States.

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New Edition! ERISA: Department of Labor Investigations and Litigation

PLI Press is proud to announce the publication of the new edition of ERISA: Department of Labor Investigations and Litigation.

This book is both a reference guide to the Department of Labor’s regula­tions and informal guidance and a resource for the Department’s views on ER­ISA fiduciary responsibilities as expressed in litigation.  As much of the Department’s enforcement and litigation has focused on pension plans, so does this book, along with an overview of health plan investigations, enforcement, and litigation. It also discusses the Department’s criminal enforcement program and the impact of the fiduciary rule on the financial services industry and related litigation.

Some of the changes to the 2022 edition include:

  • Missing participant investigations: A new section discusses EBSA’s Terminated Vested Participant or missing participant national project and the Fiduciary Investigations Program (see §6:1.6[B]).
  • Mental health parity enforcement and Nondiscriminatory wellness programs: New sections discuss a) federal statutes that require parity in employer-sponsored group health plans’ coverage for mental health and substance use disorders with coverage for medical conditions (see §7:4); and b) an area of EBSA’s enforcement activities focused on compliance with the Department’s regulations for nondiscriminatory wellness programs (see §7:7).
  • Dudenhoeffer “more harm than good” standard: An expanded discussion is provided of Retirement Plans Committee of IBM v. Jander, a case involving whether a prudent ESOP fiduciary could conclude that disclosing confidential information when disclosure is not required by the securities laws would do “more harm than good” (see §10:3.2[A]).
  • ESG and ETI investments: A new section discusses the evolution of the Department’s approach to whether non-pecuniary factors can be considered in making investment decisions for pension plans (see §15:1.3).

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Treatise Update – Kane on Trademark Law: A Practitioner’s Guide (Seventh Edition)

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Kane on Trademark Law is a comprehensive resource on trademark law and tactics which provides court-tested practical suggestions on how to quickly spot potential conflicts and save time on searches, overcome common descriptiveness rejections, update or amend registrations, and prepare witnesses for depositions.  It includes illustrative lists of cases, full-color illustrations of previously litigated marks, sample forms, and step-by-step checklists.  The treatise is updated regularly to provide in-depth analysis of the most recent developments in the field.

The new release provides expert analysis and practical insights regarding a wide range of trademark issues. Topics of interest include:

  • Registration; grounds for rejection: Revisions include updates to the opposition proceeding involving the RAPUNZEL mark currently pending before the Trademark Trial & Appeal Board (see § 6:5.2).
  • Fraud: Revisions include discussion of Chutter, Inc. v. Great Management Group, LLC and Chutter, Inc. v. Great Concepts, LLC on the standard for fraud post-Bose (see § 7:2.5).
  • Limits to incontestability: Revisions include updated Eleventh Circuit case law on the relevance of incontestability to the infringement analysis (see § 7:3.4[C]).
  • Internet: Revisions include a new discussion of the Metaverse and cases involving non-fungible tokens (NFTs) (see § 11:1.3).
  • Rights of publicity and privacy: Section 14:2.1 takes note of NCAA name, image, and likeness rule changes per a recent Supreme Court case and NCAA policy changes.
  • TTAB proceedings: New Federal Circuit cases have been added to the discussion on standing in section 19:2.2[A].

The Table of Authorities and the Index have also been updated.

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New Title!  Sports Law: A Practical Guide to Protecting the Interests of Athletes

PLI Press is proud to announce the publication of the new treatise Sports Law: A Practical Guide to Protecting the Interests of Athletes.

The book provides lawyers, player agents, marketing agents, financial advisors, and other members of athletes’ management and advisory teams with the tools and understanding they need to protect their clients’ interests before, during, and after the athletes’ professional playing careers.  It offers a first-hand, behind-the-scenes glimpse into the unique complexities athletes face in their careers and daily lives. Packed with practice tips, sample documents and agreements, and unique insights, Sports Law is an essential resource for anyone who counsels or represents athletes, as well as for athletes themselves.

Notably, the book offers guidance on:

  • Athlete representative and advisor selection, management, and agreements (see Chapters 3, 4, 5, 6, and 7)
  • Financial and estate planning for athletes (see Chapter 8)
  • Name, image, and likeness (NIL) and other intellectual property considerations (see Chapters 10 and 11)
  • Athlete-nonprofit partnerships, business deals, and public appearances (see Chapters 9 and 12)
  • Athlete privacy (see Chapter 14)
  • E-sports (see Chapter 15)

The treatise also contains sample marketing and endorsement agreements and discusses topics such as race and sports, athlete decision-making, and athlete identity foreclosure (see the Table of Contents).

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New Edition! Legal Guide to the Business of Marijuana: Cannabis, Hemp and CBD Regulation (2022 Edition)

PLI Press is proud to announce the publication of the new edition of Legal Guide to the Business of Marijuana.

Updated annually, the book is a unique resource offering critical guidance on a wide range of interrelated topics for lawyers who represent clients in the fast-growing legal cannabis industry.  It sorts through the complex and varying state regulation of medical and non-medical marijuana with an appendix providing the latest key state legislation (see Chapter 3 and Appendix C). 

It also looks into the various aspects of establishing and managing a marijuana enterprise, including the growing, licensing, labeling, transporting, and distribution of marijuana and related products (see Chapters 7, 10, 11, 13, and 15).  In addition, the guide addresses federal law, enforcement, and preemption and their implications for employment, taxes, and banking (see Chapters 8 and 9). 

For lawyers new to representing cannabis clients, the authors provide an understanding of the definitions of marijuana and other cannabis products, as well as a review of the policy and political issues that have led to the controversy and uncertainty of the current environment (see the Table of Contents).

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Treatise Update – Advertising and Commercial Speech: A First Amendment Guide (Second Edition)

Written by First Amendment experts, Advertising and Commercial Speech: A First Amendment Guide focuses on how the Supreme Court’s commercial speech doctrine affects advertising in nearly fifty industries and professions including for the services of accountants, doctors and dentists, lawyers, pharmacists, educators, and more.

Among the many topics discussed in this new release are the following:

  • Lanham Act and misappropriation claims: New material in section 9:2 discusses two major post-Ariix decisions from federal courts in San Francisco involving failed lawsuits seeking to leverage the Lanham Act as a basis for challenging Facebook’s efforts to police its website against the spread of online misinformation.
  • Compelled commercial speech—housing: A revised section 12:11 examines a case from the Eastern District of New York involving a challenge by “five small landlords” to an emergency state eviction moratorium law enacted in the middle of the COVID-19 pandemic.
  • Taxation of media: An update to section 13:4.1 covers a case from the Ohio Supreme Court regarding whether a billboard tax violated the First Amendment’s protections for freedom of speech and freedom of the press.
  • Regulation of advertising content: Cases added to chapter 14 include:
  1. Florida proceedings challenging the state’s law that prohibited cruise lines from requiring passengers to provide COVID-19 vaccination or post-infection recovery documentation prior to boarding (see section 14:2); and
  2. Fair housing cases dealing with a Seattle ordinance that precluded landlords from taking adverse action against tenants and prospective tenants based on criminal history and a case in New York involving a law that prohibited landlords from “threatening” residential or commercial tenants based on the tenant’s COVID-19 status (see section 14:17).

In addition, this release includes an updated Table of Cases, Defendant-Plaintiff Table, and Index.

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New Edition! Net Leases and Sale-Leasebacks: A Guide to Legal, Tax and Accounting Strategies (2022 Edition)

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PLI Press is proud to announce the publication of the new edition of Net Leases and Sale-Leasebacks: A Guide to Legal, Tax and Accounting Strategies.

The treatise covers all aspects of the ownership, financing, documentation, taxation, and accounting for net leases with a focus on those areas where the treatment of net leases differs from the treatment of other forms of real estate investment. It includes in-depth guidance on sophisticated and complex structuring issues, particularly with respect to the latest tax and financial accounting rules, and provides readers with several appendices to assist with the nuts and bolts of net leasing practice, including a sample Net Lease and a sample Ground Lease.

Highlights of the 2022 Edition include:

  • Tenant Purchase Options. Chapter 2 (The Lease) has been updated with an expanded discussion of the risks to the landlord arising from a tenant purchase option.
  • Tax Considerations. Chapter 5 (Tax Considerations) has been updated with new material on section 1031(f) and related party exchanges, allocating interest payments between deductible and non-deductible uses, transfer tax liability, series LLCs, promoted interests, and more.
  • Sample Net Lease: Appendix E (Sample Net Lease) has been updated with new Force Majeure and Right to Go Dark provisions.

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