Category Archives: Practice Areas

New Title – California Consumer Privacy Act Annotated

PLI Press is excited to announce the publication of a new treatise on the California Consumer Privacy Act (CCPA), the first law of its kind in the United States providing consumer privacy protections.

California Consumer Privacy Act Annotated equips businesses and practitioners with the tools they need to understand the data they collect and how that data is used, disclosed, and stored, and then develop the framework, policies, and procedures to meet the CCPA notice requirements and to respond to data subject requests. This timely book takes into account the final text of proposed regulations the Attorney General submitted to the California Office of Administrative Law on June 1, 2020.

This thorough treatise includes advice on:

  • Determining whether an entity meets certain size and scope thresholds to be subject to the CCPA
  • Evaluating whether personal information collected from consumers, households, and devices is protected under the CCPA or whether an exemption applies
  • Understanding the considerations surrounding the sale of personal information by a business to a third party
  • Drafting sound notices at collection and privacy policies
  • Understanding the rights the CCPA grants to consumers regarding their personal information, as well as the different exceptions and limitations to these rights, in setting up processes and procedures for compliance
  • Building an infrastructure and creating procedures for managing and responding to consumer requests under the CCPA
  • Evaluating security requirements and practices in light of the new private right of action in which consumers can seek actual damages and statutory damages for a personal information security breach that is the result of a business’s failure to use reasonable security

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

Health Care Law Webinar Tomorrow!

 On Tuesday, June 30, at 3:00 p.m. ET, Senior Library Relations Manager Zehava Brickner Monchar will provide a brief demo to highlight the Health Care Law resources available on Practising Law Institute’s (PLI) online research database, PLI PLUS.  Zehava will cover popular Health Care Law titles and review research scenarios to demonstrate key features on PLI PLUS. PLI PLUS subscribers can register here.

Popular Health Care Law titles on PLI PLUS:

This demo is part of PLI’s ongoing webinar series. Each month we highlight PLI’s resources in a different practice area while also demonstrating the overall functionality of the research database.  For registration and a list of upcoming webinars, visit PLI Practice Area Webinars.

Treatise Update: Friedman and Smith on Contracts

Friedman and Smith on Contracts and Conveyances of Real Property (Eighth Edition) delivers coverage and analysis of the most current developments in real estate conveyancing to assist attorneys representing parties in the sale of real property in drafting sound agreements. This treatise contains sample forms, clauses, and checklists that simplify and accelerate transactions.

Highlights of this release include:

  • Chapter 2, Parties to Contract, advises that well-drafted contract consistently describes the name of the seller in all parts of the contract; and cautions that describing the seller’s name as “Owner of record” in the contract may violate the statute of frauds requirement.
  • Chapter 4, Purchase Price and Consideration, discusses contractsthat provide for a credit to the buyer based on future events; and the distinction between earnest money and a deposit upon a buyer’s default.
  • Chapter 5, Statute of Frauds, covers the use of promissory estoppel as an alternative to the doctrine of part performance to take a contract out of the statute of frauds; and the trend by some states in recognizing fraud and other tort claims as exceptions to the statute of frauds.  
  • Chapter 7, Property Quality, provides an overview of the various state statutes of limitations and statutes of repose for certain warranty claims.
  • Chapter 8, Misrepresentations by Sellers and Buyers, discusses seller’s liability for their broker’s misrepresentations.
  • Chapter 9, Mortgage Financing, covers an “absolute deed,” which is intended as security and gives rise to an equitable mortgage.
  • Chapter 23, Contract Remedies for Buyer Default, includes a state statute that provides for the forfeiture of the buyer’s payment if the parties agreed that the payment is “earnest money.”
  • Chapter 27, Deed Execution and Delivery, updated to include a discussion of acknowledgment of a deed.
  • Chapter 28, Deed Covenants of Title, includes a discussion of Trial v. Dragon, a Texas case where the court refused to apply estoppel to the grantor’s heirs who acquired their interest through their mother’s estate.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

Upcoming Webinar: Corporate Law Resources on PLUS

On Tuesday, May 26 at 3:00 p.m. ET PLI’s Library Relations Manager, Kay Mitchell, will provide a brief demo to highlight the Corporate Law resources available on Practising Law Institute’s (PLI) online research database, PLI PLUS. Kay will cover popular Corporate Law titles and review research scenarios to demonstrate key features of PLI PLUS.

POPULAR CORPORATE LAW TITLES AVAILABLE ON PLI PLUS INCLUDE:

This demo is part of PLI’s ongoing webinar series. Each month we highlight PLI’s resources in a different practice area while also demonstrating the overall functionality of the research database.  For registration and a list of upcoming webinars, visit PLI Practice Area Webinars.

New Title! Healthcare Employment Practice

PLI Press is pleased to announce the publication of Healthcare Employment Practice: Policy, Law and Procedure, a new treatise addressing the employment conflicts and challenges that mark today’s hospital and healthcare system.

The hospital and healthcare environment in the U.S. has become more fractured and more fractious in recent years. Job satisfaction is down, contracts are much more complex and the covenants which bind doctors and other healthcare personnel have locked up the futures for many professionals. This clear and concise guidebook responds to these complex issues with examples and details to save time, reduce errors and improve employee satisfaction. It explores how the system actually operates, and suggests how lawyers, human resource professionals and hospital management teams can improve their outcomes through astute planning and careful drafting of agreements.

This book includes:

  • Step-by-step, term-by-term guidance on physician employment contracts, with an emphasis on the problems presented by restrictive covenants, and a full sample Physician Employment Agreement
  • Labor and employment law as it affects healthcare industry employees
  • Issues presented by telemedicine
  • Stark and anti-kickback law compliance

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

Tune into PLI’s Pro Bono Podcast!

Season two of PLI’s Pursuing Justice: The Pro Bono Files podcast launches today with a timely new episode.

In the midst of the global pandemic, lawyers and law firms are stepping up to help out. As an example of what one law firm has done – and to encourage others to get involved – we share with you the latest episode of PLI’s Pursuing Justice: The Pro Bono Files podcast, “Pro Bono in a Pandemic: A Law Firm Goes All In”. Listen in as guests Brad Karp, Jean McLoughlin and Robert Atkins from Paul, Weiss, Rifkind, Wharton & Garrison LLP discuss how one law firm came together to help people and small businesses affected by COVID-19.

Available now on Apple Podcasts, Google Podcasts, and Spotify. Learn more at https://www.pli.edu/probono/probonopodcast/.

Treatise Update: Bankruptcy Deskbook

Bankruptcy Deskbook (Fifth Edition) keeps readers up-to-date on legal developments, analyzing recent Supreme Court, court of appeals and bankruptcy court decisions. Designed as a primary source for non-specialist attorneys, this concise reference treatise acts as a step-by-step guide through the bankruptcy laws, clarifying the purpose, features, mechanics, advantages, and drawbacks of Chapters 7, 11, 12 and 13 in the era of Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA).

In this release, all fourteen chapters are updated with the most recent rulings affecting bankruptcy practice, along with expanded and clarifying discussions of existing topics. Developments discussed in this release include:

  • Small Business Cases: The Small Business Reorganization Act of 2019, effective February 19, 2020, created a new form of Chapter 11—the subchapter V case—for small business debtors, offering an alternative form of relief to that provided by the small business case. See Chapter 11.
  • Domestic Support Obligations: The BAPCPA clarified the circumstances under which an obligation arising out of a marital dissolution is dischargeable by introducing the concept of the “domestic support obligation.” See Chapter 1 and Chapter 9.
  • Avoidance: The Small Business Reorganization Act of 2019 added a new clause to section 547(b) regarding trustee avoidance actions, the purpose of which is to require the trustee to conduct an investigation into alleged preferences, rather than simply sue anyone who the debtor’s ledger indicates received a payment in the ninety days prior to the petition. See Chapter 6.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

Don’t Forget! PLI PLUS Immigration Law Webinar

On Thursday, April 23 at 2:00 p.m. ET PLI’s Library Relations Manager, Kay Mitchell, will provide a brief demo to highlight the Immigration Law resources available on Practising Law Institute’s (PLI) online research database, PLI PLUS. Kay will cover popular Immigration Law titles and review research scenarios to demonstrate key features of PLI PLUS. PLI PLUS subscribers can register here.

POPULAR IMMIGRATION LAW TITLES AVAILABLE ON PLI PLUS INCLUDE:

This demo is part of PLI’s ongoing webinar series. Each month we highlight PLI’s resources in a different practice area while also demonstrating the overall functionality of the research database.  For registration and a list of upcoming webinars, visit PLI Practice Area Webinars.

Treatise Update: International Corporate Practice

International Corporate Practice: A Practitioner’s Guide to Global Success provides guidance on building a comprehensive global legal department, including advice on structuring, staffing, and budgeting, as well as the use of foreign legal consultants and outsourcing. This update includes new material designed to enable lawyers, whether in-house or outside counsel, to operate efficiently on the global stage.

Updates from the Release #15:

  • Chapter 1 contains a new section highlighting twenty trends that will likely have an impact on in-house counsel—from automation to diversity, from skills training to management structure, from partnering with outside counsel to corporate social responsibility, and much more.
  • Chapter 2 updates the discussion of the privilege in Colombia, emphasizing the penalties that may be imposed for a breach and the factors that are weighed in assessing the seriousness of the breach.
  • Chapter 3 is updated with current information about major international law firms and new discussion of lawyer referral services.
  • Chapter 4 includes new coverage of the New York Court of Appeals’ amended Rules for the Licensing of Legal Consultants.
  • Chapter 6 explores the treatment of U.S. government guidance, published in 2019, as a useful framework for corporate compliance programs. To help prosecutors evaluate the adequacy and effectiveness of compliance programs, the Department of Justice, Criminal Division, released “The Evaluation of Corporate Compliance Programs.”
  • Chapter 9 provides updated coverage of the legal professional privilege in the United Kingdom.
  • Chapter 19 discusses money laundering and terrorism financing, including a discussion of the Indian Cosmos Bank cyberheist; the regulation of cryptocurrencies; and the trend for law enforcement to prosecute individuals responsible for the money-laundering violations of their employers, not just the employer corporations.
  •  Chapter 22 is revised throughout, with new discussions of proposed U.S. regulations that would broaden government authority, when adjudicating the admissibility of certain foreign nationals, to determine whether those individuals might become a public charge; the European Union’s creation of a European Labour Authority (ELA); and whether same-sex spouses can qualify as dependents for work authorization purposes.
  •  Chapter 27 provides expanded coverage of international efforts to reduce greenhouse gas emissions from ships, as well as to require use of approved ballast water management systems; the cleanup of contaminated sites in the United Kingdom; and environmental regulation in China, including the 2019 Law on Soil Contamination Prevention and Control.
  • Chapter 29 adds new material on the cross-border insolvency system created by the Recast EU Regulation, including treatment of an interrelated “group of companies” and the key principles of the 2019 Directive.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

PLI Current: COVID-19 Special Issue

PLI Press published a special issue of PLI Current to address the developing effects of the COVID-19 outbreak on the legal community. Covering a variety of legal issues related to COVID-19, this special issue contains a mix of original reportage, program materials and transcripts from recent PLI One Hour Briefings. Below is a list of contents along with links to individual articles.

*All articles and online programs related to the global coronavirus crisis are free to access with your PLI login. For upcoming programs, visit pli.edu/coronavirus.

  1. COVID-19: Reducing the Spread of Both Illness and Social Panic 
  2. Coronavirus: What Lawyers Need to Know: Transcript of the PLI One Hour Briefing, conducted March 10, 2020 
  3. Coronavirus: What Lawyers Need to Know (program materials)
  4. Coronavirus: Insurance Coverage for Event Cancellation, Travel and Supply Chain Losses: Transcript of the PLI One Hour Briefing, conducted March 17, 2020 
  5. Coronavirus: Insurance Coverage for Event Cancellation, Travel and Supply Chain Losses (program materials) 
  6. Investment Adviser Regulatory Update: Considerations Regarding the Coronavirus and Getting Ready for the 2020 ADV Update Season: Transcript of the PLI One Hour Briefing, conducted March 18, 2020 
  7. Investment Adviser Regulatory Update: Considerations Regarding the Coronavirus and Getting Ready for the 2020 ADV Update Season (program materials) 
  8. COVID-19 and the Cyber-Risks of Working from Home: Meeting the Challenges: Transcript of the PLI One Hour Briefing, conducted March 25, 2020 
  9. COVID-19 and the Cyber-Risks of Working from Home: Meeting the Challenges (program materials) 
  10. COVID-19 Challenges for First Quarter 2020 Form 10-Q and Annual Meetings: Transcript of the PLI One Hour Briefing, conducted March 26, 2020 
  11. COVID-19 Challenges for First Quarter 2020 Form 10-Q and Annual Meetings (program materials) 
  12. How Employers Can Manage the Coronavirus/COVID-19 Pandemic: Your Workplace Questions Asked—and Answered!: Transcript of the PLI One Hour Briefing, conducted March 26, 2020 
  13. How Employers Can Manage the Coronavirus/COVID-19 Pandemic: Your Workplace Questions Asked—and Answered! (program materials)
  14. Coronavirus Considerations: SEC Disclosure, Labor & Employment, Insurance, Litigation, Breach of Contract and Force Majeure Issues: Transcript of the PLI One Hour Briefing, conducted March 27, 2020 
  15. Coronavirus Considerations: SEC Disclosure, Labor & Employment, Insurance, Litigation, Breach of Contract and Force Majeure Issues (program materials)