Category Archives: Practice Areas

Treatise Update – Langer on Practical International Tax Planning (Fifth Edition)

Regularly updated, Langer on Practical International Tax Planning gives you the latest news on the legal, tax, business, financial, social, political, technological, geographical, and regional factors to consider when developing and implementing customized planning strategies for clients. It is an invaluable tool for tax and estate planners, tax attorneys, accountants, and sophisticated investors.

This new release updates the treatise with up-to-date practical information and analysis to help preserve your clients’ assets.

Highlights include:

  • New section 36:6.1[E] explores a 2002 revenue procedure providing the exclusive steps for requesting a determination under section 4672(a)(2) that a substance be added to, or removed from, the “list of taxable substances” under section 4672(a).
  • New section 42:1.6[D][7][c] discusses whether a taxpayer is entitled to treat as DPGR gross receipts derived from providing customers access to computer software for the customers’ direct use.
  • New Chapter 88 explains that in 2022 the Fifth Circuit addressed whether agreements entered into by Exxon (with Qatar and Malaysia) were mineral leases, or mineral “sales.” The court noted that the answer was “worth” a billion dollars.
  • Miscellaneous revisions are found throughout the other chapters published in this release.

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Treatise Updates – Kane on Trademark Law: A Practitioner’s Guide (Seventh Edition) and Likelihood of Confusion in Trademark Law (Second Edition)

PLI Press is pleased to announce updates to two of our Trademark treatises – Kane on Trademark Law: A Practitioner’s Guide (Seventh Edition) and Likelihood of Confusion in Trademark Law (Second Edition). 

Kane on Trademark Law deals with trademark law on the whole, providing court-tested practical suggestions on how to quickly spot potential conflicts and save time on searches, overcome common descriptiveness rejections, amend registrations, and prepare witnesses for depositions. 

Likelihood of Confusion in Trademark Law focuses specifically on a major factor for determining whether a trademark has been infringed – the probability that consumers will mistake the alleged infringing mark for the original.  It illuminates the pivotal multiple-factor test, providing a strong grasp of the key elements used by the courts to determine if likelihood of confusion exists.

Updated topics from Kane on Trademark Law include:

  • Trademark selection: Chapter 2 now incorporates the USPTO’s new examination guidelines related to genericness rejections (see section 2:1.2) and decisions from the Federal Circuit regarding the registration of .SUCKS (see section 2:5.3) and book titles and characters as trademarks (see section 2:8).
  • Proving a statutory cause of action: Coverage of Meenaxi Enterprise, Inc. v. Coca-Cola Co., regarding the elements the claimant must prove to maintain a statutory cause of action under the Lanham Act for activities solely conducted outside the United States (see sections 19:4.5[D] and 22:5).

Highlights from the new information in Likelihood of Confusion in Trademark Law include:

  • New color illustration of trademark and trade dress infringement cases: An illustration from Sabhnani v. Mirage Brands, LLC (Perfumes & Cologne, see Appendix A49) has been added to Appendix A.
  • Consumers and their degree of care: New commentary in section 6:2 analyzes how empirical research into actual consumer behavior compares with old assumptions and new constructs of consumer behavior.

Order print copies of Kane on Trademark Law and Likelihood of Confusion in Trademark Law today.

PLI PLUS subscribers can access these titles through their subscription.

Treatise Update – Financial Product Fundamentals: Law, Business, Compliance (Second Edition)

The recent increase in federal enforcement of consumer financial services laws and regulations makes it a priority for companies to take stock of their current financial products, to identify potential risks, and to enhance consumer satisfaction efforts.  Fortunately, the treatise Financial Product Fundamentals: Law, Business, Compliance (Second Edition) aids in that process by providing attorneys, compliance personnel, and business professionals with legal, regulatory, and procedural guidance regarding the various financial products, accompanied by many helpful charts, tables, and other graphics.

Highlights from the updated release include:

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PLI PLUS subscribers can access this title through their subscription. Subscribers may also be interested in reading the PLI Current article, Consumer Debt Collection:  A Year in Review and What to Expect Next.

New Edition! New York Elder Law (Second Edition)

PLI Press is proud to announce the publication of the new edition of New York Elder Law. 

This authoritative book assists lawyers, social workers, health care personnel, gerontologists, retirement planners, and the like advocate for seniors and address common concerns, including ensuring control over one’s financial affairs and paying for and determining the scope of long-term medical care. The discussions focus on the most common, and often most confusing, subject areas: Medicare, Medi-gap Insurance, Medicaid Eligibility, Medicaid Home Care, Nursing Home Rights, Powers of Attorney, and Health Care Decision Making. The treatise contains numerous time-saving checklists to help readers stay current with rapidly changing laws.

Some of the highlights from the new edition include:

  • Chapter 3, Medicaid for the Elderly, Blind, or Disabled addresses postponed changes to the state’s Medicaid Program, specifically the Medicaid home care application process (see §3:8.1). In addition, the chapter contains new information about the application requirements for those seeking to be considered a Medicaid applicant in “immediate need” for home care services (see §3:6.2[C]) and a new exception for undocumented immigrants age 65 or older (see §3:6.9[D]).
  • New Chapter 5, Nursing Homes focuses on resident rights and operator obligations.  It guides the reader through the entire nursing home experience, from admission to discharge.
  • New Chapter 6, New York Power of Attorney discusses major changes to the New York power of attorney law. 

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PLI PLUS subscribers can access this title through their subscription.

New Title! California Employment Law

PLI Press is proud to announce the publication of the new treatise California Employment Law.

This comprehensive resource delves into the statutes and case law governing the employer-employee relationship in California, providing practical guidance on the state, local, and federal rules and regulations.  The treatise analyzes key provisions of the California Fair Employment and Housing Act (“FEHA”), the California Labor Code and Wage Orders, and state leave laws. 

In addition, it provides extensive coverage of local leave and wage ordinances.  It highlights the significant differences between California employment law and federal laws, including the Fair Labor Standards Act (“FLSA”), the Civil Rights Act of 1964, the Americans with Disabilities Act (“ADA”), the Age Discrimination in Employment Act, and the Family and Medical Leave Act (“FMLA”).

Notably, the book covers the following important areas:

The treatise also contains an extensive index, which makes topics easily accessible to attorneys, compliance professionals, and HR specialists.

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PLI PLUS subscribers can access this title through their subscription.

Treatise Update – Proskauer on Privacy: A Guide to Privacy and Data Security Law in the Information Age (Second Edition)

Proskauer on Privacy: A Guide to Privacy and Data Security Law in the Information Age is a comprehensive reference on the laws governing every area where data privacy and security is potentially at risk. The treatise guides entities in developing compliance programs that satisfy federal and state standards, ensure data privacy and security, prevent cybercrime, and avoid fines, penalties, litigation, damages, and negative publicity.  It also examines international regulation of privacy and data security.

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

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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) highlights recent enforcement actions under the U.S. Foreign Corrupt Practices Act (FCPA) and guides readers on developing internal compliance programs that detect and prevent illegalities, drafting compliant business agreements and contracts, satisfying the FCPA’s complicated accounting standards, and avoiding RICO violations, wire and mail fraud, and other legal missteps. It is an invaluable resource for corporate counsel, corporate executives and managers, and anyone who is responsible for business relationships with overseas partners or customers.

Key updates in the new release include:

  • “Agency” Under the FCPA: The scope of the term “agent” as applied to a foreign national has received a lot of attention in recent cases such as United States v. Hoskins and United States v. Rafoi-Bleuler. See chapter 4 and chapter 11 for discussion of the reach of the FCPA with respect to foreign nationals operating outside the territory of the United States.
  • ALJ Adjudications in FCPA Cases: In Jarkesy v. SEC, the Fifth Circuit held that the practice of imposing civil monetary penalties in administrative proceedings is unconstitutional. While not an FCPA enforcement action, the decision directly challenges the SEC’s reliance on ALJ adjudications in FCPA cases. See chapter 8.

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

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PLI PLUS subscribers can access this title through their subscription.

Treatise Update – Holtzschue on Real Estate Contracts and Closings:  A Step-by-Step Guide to Buying and Selling Real Estate (3rd Edition)

Holtzschue on Real Estate Contracts and Closings is an invaluable resource for attorneys and general practitioners who handle real estate deals as well as an important reference for brokers, title insurers, and inspectors.  It distills more than thirty years of transactional experience into one plain-English treatise that clearly explains governing law and customary industry practices.  The book provides useful legal, technical, and strategic guidance and checklists for sellers’ and purchasers’ attorneys preparing them to execute dispute-free residential deals quickly and easily.

This new release offers the latest information crucial to your practice.  Highlights include:

In addition, the Table of Authorities and Index have been updated to reflect the latest revisions.

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PLI PLUS subscribers can access this title through their subscription.

Happy Pro Bono Week from the PLI Librarians!

PLI celebrates Pro Bono Week by doing what we do best – producing and sharing high-quality content to encourage pro bono representation and to assist practitioners with pro bono cases to better represent their clients. 

Browsing our pro bono content is easier than ever with this year’s debut of Browse By Practice Areas on PLI PLUS. Navigate to the pro bono page to find a full list of the PLI treatises, course handbooks, forms & checklists, program transcripts and more available to assist you with your pro bono practice. Subtopics like disaster assistance, housing and voting rights are listed at the top to help you narrow your search to easily find the expert guidance you want when you want it.

New Edition! COVID-19 and Other Pandemics: Business and Legal Challenges (2022)

PLI Press is proud to announce the publication of the new edition of COVID-19 and Other Pandemics: Business and Legal Challenges.

Originally published in 2020, the book was featured on Above the Law which cited it as “[t]he first publication to address the complex, evolving [legal] issues” arising from the pandemic.  The treatise has since been fully updated to keep pace with the rapidly evolving situation surrounding COVID-19. Maintaining its results-oriented approach, the book combines practical advice, the latest scientific research, and guidance from key government agencies to provide readers with the answers they need on workplace liability and best practices; employment and labor issues; contracts and frustration defenses; and more.

Some of the highlights from the new edition include:

  • Governors’ Authority: Updated answers regarding whether 1) governors possess the power to shut down business to reduce COVID-19 spread (see §3.1); 2) governors have the authority to issue emergency health orders (see §6:3); and 3) governors may ban gatherings during the time of the health emergency (see §8:1).
  • OSHA’s Emergency Temporary Standard: Added discussion of OSHA’s Emergency Temporary Standard and what it covers (see Ch. 4, §8:5, and §14:8).
  • COVID-19 Statistics: Updated to reflect U.S. COVID-19 cases as of May 2022 and Global Health Statistics as of early 2022 (see Ch. 1).

To download a complimentary chapter from the original publication of COVID-19 and Other Pandemics: Business and Legal Challenges, click here.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.