Category Archives: Litigation

Most Popular Books on PLI PLUS So Far This Year!

The tallies are in! Here are the books PLI PLUS users are accessing the most in 2024 so far…

Popular Banking Titles

  1. Asset-Based Lending: A Practical Guide to Secured Financing
  2. Financial Product Fundamentals: Law, Business, Compliance
  3. Fund Finance
  4. Consumer Financial Services Answer Book
  5. Coping with U.S. Export Controls and Sanctions

Popular Corporate & Securities Titles

  1. Private Equity Funds: Formation and Operation
  2. Broker-Dealer Regulation
  3. Drafting and Negotiating Corporate Agreements
  4. Corporate Compliance Answer Book
  5. Acquiring or Selling the Privately Held Company

Popular Employment Titles

  1. Fragomen on Immigration Fundamentals: A Guide to Law and Practice
  2. Understanding Employment Law
  3. Employment Law Institute
  4. Wage & Hour Litigation and Compliance
  5. California Employment Law

Popular Estates & Trusts Titles

  1. Art Law: The Guide for Collectors, Investors, Dealers & Artists
  2. Manning on Estate Planning
  3. Blattmachr on Income Taxation of Estates and Trusts
  4. Annual Estate Planning Institute
  5. Private Clients Legal & Tax Planning Answer Book

Popular Intellectual Property Titles

  1. Artificial Intelligence Law
  2. How to Write a Patent Application
  3. Patent Law: A Practitioner’s Guide
  4. Faber & Kowalski on Mechanics of Patent Claim Drafting
  5. Intellectual Property Law Answer Book

Popular Litigation Titles

  1. Thinking Like a Writer: A Lawyer’s Guide to Effective Writing and Editing
  2. Stepping It Up: A Guide for Mid-Level Law Firm Associates
  3. Fundamentals of Taking and Defending Depositions
  4. Attorney-Client Privilege Answer Book
  5. Trial by Jury

Popular Real Estate Titles

  1. Annual Real Estate Tax Forum
  2. Friedman and Smith on Contracts and Conveyances of Real Property
  3. Annual Commercial Real Estate Institute
  4. Commercial Ground Leases
  5. Holtzschue on Real Estate Contracts and Closings: A Step-by-Step Guide to Buying and Selling Real Estate

Popular Tax Titles

  1. The Partnership Tax Practice Series: Planning for Domestic and Foreign Partnerships, LLCs, Joint Ventures & Other Strategic Alliances
  2. Tax Planning for Domestic & Foreign Partnerships, LLCs, Joint Ventures & Other Strategic Alliances
  3. Business Taxation Deskbook: Corporations, Partnerships, Subchapter S, and International
  4. Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations & Restructurings
  5. Transfer Pricing Answer Book

Download a PDF flyer of this post to share with colleagues: Popular Books on PLI PLUS. See also the Top 10 Most Popular Forms So Far in 2024.

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.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

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

Fragomen on Immigration Fundamentals reveals the nuances of U.S. immigration law and practice along with the agency, legislative, and executive policies shaping the current environment for immigrants and asylum seekers. Packed with practical tips for employment-based and family-based immigration, avenues to permanent residence, naturalization obstacles, statutory admission denials, and the administrative and judicial review of unfavorable decisions, the book also features templatized immigration forms for key case milestones in the immigration process.

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

  • PERM applications: Coverage of the DOL’s transition of online PERM application filings from its legacy PERM Online portal to the FLAG system and the resulting restructuring of the application form (see section 2:2.5). For additional recent developments in the PERM context, check out this recent PLI Chronicle article, Wage Transparency Laws Add Extra Layer of Complexity to Labor Certification Recruitment.
  • Employer’s ability to pay: Discussion of the significantly expanded guidance from the USCIS regarding an employer’s ability to pay the proffered wage for immigrant petitions (see section 2:6.1[B]).
  • Age-out protection: Clarification of the requirements that children of permanent residents and derivative family members of principal family-based immigrants must meet to receive age-out protection (see section 3:3.4[A]).
  • Failure to apply in safe third country: Updates regarding the status of the Biden Administration’s rule creating a rebuttable presumption that migrants who attempt to cross the southern border without seeking asylum in a third country through which they traveled or procuring an asylum appointment through the CBP One mobile app are ineligible for asylum (see section 6:2.6[C][7]).
  • Screening of job applicants: New DOJ guidance provides helpful tips on avoiding citizenship status discrimination when complying with export control laws, reaffirming that employers cannot rely on them to limit jobs to U.S. citizens or workers with other citizenship or immigration statuses (see section 10:3.3[B]).

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

Treatise Update – Doing Business Under the Foreign Corrupt Practices Act (Second Edition)

Doing Business Under the Foreign Corrupt Practices Act (Second Edition) helps corporate lawyers, in-house sales teams, and other U.S.-based and overseas stakeholders understand the issues and rules they should consider when negotiating transactions or accepting compensation in compliance with the FCPA. Readers will learn the necessary, proactive steps for identifying and avoiding common FCPA transactional illegalities.

The book addresses key information regarding whistleblower considerations and harsh penalties for falsified books and records, mischaracterized payments, fictitious invoices, insufficient internal accounting controls, and more. This title also includes helpful sample acknowledgements, compliance plans, and agreement clauses that address FCPA considerations.

Key updates in the new release include:

  • The SEC’s Amended Whistleblower Rules:  Coverage of the August 2022 changes to the SEC’s final rules implementing the whistleblower provisions (see section 1:1).
  • Case Law Developments: Discussion of the holdings in United States v. Hoskins and United States v. Rafoi-Bleuler regarding the scope of the term “agent” as applied to a foreign national (see section 4:1.3).
  • The DOJ’s Updated Evaluation Guidance: Information regarding the DOJ’s March 2023 guidance emphasizing the importance of implementing compliance-promotion criteria in a company’s compensation and bonus system (see section 10:1).
  • New Appendix B62: Department of Justice FCPA Opinion Release— Situation Involving Extortion or Duress.
  • New Appendix B63: Department of Justice FCPA Opinion Release— Payment of Travel Expenses for Post-Adoption Supervision.

In addition, the book offers information on the latest cases, enforcement actions, and settlements and provides several adaptable forms and templates (see the Related Items tab under “Forms”).

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

Treatise Update – Patent Litigation (Third Edition)

Patent Litigation (Third Edition) enhances every patent litigator’s ability to prevail at trial while helping to cut the costs and complexity of litigation. Written by leading patent litigators, the treatise provides guidance on various infringement actions and their respective burdens of proof.  It also offers pointers on conducting comprehensive pre-suit investigations; developing potent case themes; assembling strong litigation teams; developing smart budgets; maximizing the persuasive impact of documents, exhibits, and witnesses; and making savvy use of technology, jury consultants, and litigation support vendors.

Highlights of this release include updated discussion of the following topics:

  • Substantive Issues of a Patent Case: Defenses against patent validity, such as collateral estoppel and unadjudicated claims, applicant-admitted prior art, obviousness, and inadequately disclosed claims (see sections 1:3.3[B], 1:3.3[C], 1:3.3[F], and 1:3.3[H]) and, in the area of inequitable conduct before the PTO, the mitigation of nondisclosure of information through supplemental examination (see section 1:3.4[A][4]). 
  • Discovery and Privilege: Use of testimony from patent law experts (see section 4:4.4[C]).
  • Nondiscovery Motions and Court-Initiated Procedures: Markman proceedings and claim construction (see section 7:2). 
  • Witnesses Special to a Patent Case: Inventor testimony (see section 8:2.1[A]).
  • Damages and Attorney’s Fees: Consequences of the district court’s failure to address prejudgment interest (see section 9:10.1) and willfulness and enhanced damages (see section 9:11.1).
  • Trial: Rule 50(a) and Rule 50(b) motions (see sections 12:12.3 and 12:14); Rule 59 motions for a new trial and altering or amending the judgment (see new section 12:14.4); and Rule 60 proceedings for relief from judgment (see new section 12:14.5).

The Table of Authorities and Index have also been updated.

Order a print copy today. PLI PLUS subscribers can access this title through their subscription.

For additional recent developments in patent litigation, check out this recent PLI Chronicle article, PTAB’s Longhorn Decision Could Signal More USPTO OED Disciplinary Proceedings.

Free Legal 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.
  •  Popular PLUS Forms – This flyer provides a list of the top five most downloaded forms in prominent practice areas on PLI PLUS.

Send us an email at plus@pli.edu to learn more.

New Title! Employment Discrimination:  A Practitioner’s Deskbook

PLI Press is proud to announce the publication of the new comprehensive resource Employment Discrimination: A Practitioner’s Deskbook.

This book serves as a valuable ref­erence for employment law practitioners and individuals interested in helping their organizations effectively navigate employment discrimina­tion-related investigations, mediations, litigations, and jury trials.  Presented in a straightforward, comprehensible manner, it provides the reader with information relating to the full range of employment discrimination litigation from an active practitioner’s perspective.

Notably, the book covers the following important areas:

  • Responding to employment discrimination and harassment complaints (see Chapter 1)
  • Discovery tools (see Chapter 3)
  • Motion practice before and at trial (see Chapter 5)
  • Jury selection (see Chapter 7)
  • Questioning witnesses (see Chapter 8)
  • Addressing the jury (see Chapter 9)
  • Handling matters before government agencies (see Chapter 10)

Additionally, it answers the following questions:

  1. Does failing to “officially” respond to an unofficial “off-the-record” complaint create risk?
  2. What are the best strategies for conducting effective and thorough investigations remotely?
  3. What are tried and true discovery strategies and the best ways to participate in motion practice?
  4. What should lawyers consider when picking a jury and how do they make compelling arguments at trial? 

We are excited to share this new title with you!

PLUS Subscribers can access this title with their subscription.

Order a print copy today.

 Is your library interested in subscribing to PLI’s Standing Order Plan (SOP)? SOP subscribers automatically receive print copies of new titles to review upon release.  If you decide to keep the title, you will receive a discount up to 25% off the title and all future supplements. Call 877.900.5291 or email libraryrelations@pli.edu to learn more.

May’s Free Legal 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.

May’s free form:

Memorandum to Employees Advising Them of Investigation

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.
  •  Popular PLUS Forms – This flyer provides a list of the top five most downloaded forms in prominent practice areas on PLI PLUS.

Send us an email at plus@pli.edu to learn more.

New Edition! Federal Bail and Detention Handbook 2023

PLI Press is proud to announce the publication of the new edition of the Federal Bail and Detention Handbook.

This helpful resource provides on-point answers to all aspects of federal bail and detention law — especially those involving critical provisions of the Bail Reform Act of 1984. Through discussions told from grounded judicial perspectives, the book presents helpful practice pointers when confronting common Bail Reform Act problems. It also showcases an extensive series of forms, sample orders, and sample motions that defense counsel and assistant U.S. attorneys can reference.

Some of the recent developments reflected in this new edition include:

  • Weight of Evidence: Coverage of the United States v. Zhang case in which the Second Circuit ruled on whether the Bail Reform Act provides guidance on the relative weight the court should give the various section 3142(g) factors in deciding questions of release and detention (see Section 4:3).
  • Least Restrictive Possible Conditions: An update on a case arising from the January 6, 2021, invasion of the Capitol about whether the D.C. Circuit Court upheld or reversed the district court’s denial of the defendant’s request to travel abroad for three weeks for an educational opportunity (see Section 5:3).
  • Conditions in Every Bond: New discussion of a Third Circuit ruling regarding whether the “no crimes while on bond” condition prohibits the possession or use of marijuana in a state where marijuana is legal and in a situation in which the defendant has a “medical marijuana” authorization from a physician for its use (see Section 5:4).
  • Detention or Release Pending Competency Examination: New information about a Ninth Circuit case which considered whether a lack of an available bed at an appropriate facility relieves the Attorney General of the duty to attempt to rehabilitate the defendant within a brief period (see Section 14:10).

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

Treatise Update –Sack on Defamation: Libel, Slander, and Related Problems (Fifth Edition)

Sack on Defamation—widely cited by U.S. courts including the U.S. Supreme Court, academics, and attorneys—offers strategic guidance for both plaintiffs’ and defense attorneys and fully covers the basic elements of a defamation claim. The treatise pinpoints how to identify practical legal issues such as when “truth” is not a defense, insults and name-calling that cross the line into defamation, how “public disclosure of private facts” becomes actionable, why statements of “opinion” are not protected, and when defamatory communications are privileged. It also integrates coverage of Internet and social media issues.

Highlights of the new release include developments covering the following topics:

  • Statements held to be nonactionable: Discussion of a Delaware case in which the court considered the issue of whether a letter to an employer calling an employee’s outside actions “racist” is constitutionally protected (see section 4:3.5).
  • Standard of conduct: public plaintiffs: The list of “vortex” public figures has been expanded (see section 5:3.5).
  • Standard of conduct: private plaintiffs: Coverage of a case about whether the 2020 amendments to New York’s anti-SLAPP statute are retroactive (see section 6:4).
  • Absolute privilege and government agencies: Summary of an unusual case from Oregon concerning false statements entered into a patient’s medical record by physicians who worked for a public corporation health system (see section 8:2.4[A]).
  • Invited defamation: Spotlights a case from the Second Circuit in which former U.S. Senate candidate and Alabama Supreme Court Justice Roy Moore accused comedian Sacha Baron Cohen of defamation for falsely portraying Moore as a pedophile in a mock interview for Cohen’s television program (see section 8:2.8).

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

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.