Taxation of Intellectual Property covers the tax consequences of creating, buying, exploiting, and selling various intellectual property assets (including patents, trade secrets, copyrights, trademarks, and computer software), as well as the tax considerations affecting intellectual property litigation. It identifies the IP taxation fundamentals relevant to individuals, corporations, partnerships, and non-profits and includes in-depth coverage of the various deductions applicable to patent royalties, salaries of researchers, and infringement-related legal fees.
Some of the recent developments discussed in this new release include:
Alternative Minimum Tax (AMT) for Corporations: Coverage of the repeal of the AMT for corporations by the Tax Cuts and Jobs Act of 2017 (TCJA) and the subsequent updates to this by the Inflation Reduction Act of 2022 (see section 3:2.3).
Research or Experimental Expenditure Deductions: Discussion of the new 5-year capitalization and amortization rule imposed on research or experimental expenditures by the TCJA (see section 4:3).
Research Credit for Small Business and Start-Ups: Provides the increased amount of the credit that small businesses and start-ups can apply against their payroll tax liability pursuant to the Inflation Reduction Act of 2022 (see section 4:6).
Tax Treatment of NFTs: Answers the question of whether an NFT used in trade or business would qualify as a Section 1231 asset eligible for capital gains treatment (see section 6:3.5[A]).
Litigation Expenses: Extensive coverage of the Actavis Lab v. United States case which dealt with the issue of whether a generic drug manufacturer’s patent infringement litigation expenses were tax deductible (see section 7:1.1[C]).
Charitable Contributions of Cryptocurrency: Explanation of the circumstances in which a qualified appraisal is required for charitable contributions of cryptocurrency (see section 9:4.4[A]).
Students entering law school must adjust and adhere to a new, demanding set of educational standards and strategies. This can often be a huge transition for first-year students, which is why we are excited about the Coach’s Counsel column, How to Prepare for Your Law School Journey, published in a recent issue of PLI Chronicle: Insights and Perspectives for the Legal Community.
In the column, coaches Natalie Loeb and David Sarnoff offer valuable wisdom on developing practical strategies to maximize academic performance and maintain balance. The coaches suggest methods for time management and strategic planning and reflect on resources that are often underutilized during law school. They also identify the specific type of mindset crucial for success. The column, like all content published in the PLI Chronicle, is available to everyone — no subscription required.
Hillman on Documenting Secured Transactions offers grounded guidance on best practices for documenting and litigating secured transactions prepared pursuant to Revised Article 9 of the Uniform Commercial Code (U.C.C.). It offers a working grasp of the legal, technical, and business aspects of Article 9 transactions and examines the effects of the 2022 Amendments on nearly every article of the U.C.C. To gain free access to Chapter 18, which addresses the 2022 Amendments in more detail, click here.
Among the many topics updated in this new release are the following:
Perfection: A table of the new perfection methods under the 2022 Amendments (see section 2:6.2).
Signed Security Agreements: A listing of the increased number of situations in which a signed security agreement is not necessary under the 2022 Amendments (see section 4:1.2).
After-Acquired Collateral: A summary of the ways in which the 2022 Amendments narrow the scope of the prohibitions against security interests in after-acquired consumer goods or commercial tort claims (see section 7:2).
Control Under the 2022 Amendments: A discussion of how the 2022 Amendments offer new ways to perfect security interests in digital assets (see section 18:4).
Unperfected Security Interests: An explanation of the changes the 2022 Amendments make to U.C.C. § 9-317(b) regarding buyers who receive delivery (see section 19:2.1).
This book provides the legal, scientific, and technical information needed to help clients obtain, defend, and challenge patents in these important business areas. It shows readers how to craft problem-free patent applications and includes detailed checklists that help resolve tricky patent issues in the complex pharmaceutical and biotech fields. It is regularly updated to reflect Federal Circuit rulings and other significant court decisions.
Some of the recent developments reflected in this new edition include:
Inter Partes Review: Coverage of the PTO guidance for discretionary denials which clarifies when institutions will not be denied under Fintiv (see Section 1:5.3).
Patentability of Stereoisomers and New Salts: Discussion of the Federal Circuit’s decision in Mylan Pharmaceuticals Inc. v. Merck Sharp & Dohme Corp. regarding whether Mylan Pharmaceuticals had failed to show that the claims of U.S. Patent No. 7,326,708 were either anticipated or rendered obvious by the asserted prior art (see Sections 7:2.4[A] and 7:2.6[C]).
Cell and Gene Therapy Products: New chapter exploring the patent landscape for cell and gene therapy products and the current disputes related to these products (see Chapter 15).
ITC Litigation: New chapter providing recent trends and practice tips on ITC Litigation (see Chapter 16).
In the latest episode, host Karen Oesterle chats with Harris Crooks, whose background in finance — and affinity for “assisting attorneys with weird and bizarre questions” — have led him to interesting roles at Stroock, where he serves as Director of Knowledge & Resource Services, and before that, at Skadden, where he was a Corporate Library Specialist. Tune in to hear more about Harris’ career path and advice for law librarians.
We add content to PLI PLUS every month to ensure our subscribers have access to the most up-to-date and relevant secondary source legal documents. Renowned legal experts regularly update our acclaimed Treatises/Practice Guides, Course Handbooks, Answer Books, Transcripts, and Forms to reflect recent changes and developments in the law.
The article serves as an excellent primer on how the recently enacted Senate Bill 1162 impacts employers and employees in California. It reviews California’s existing protections, describes the changes imposed by the new law, and answers questions about pay data confidentiality and remote employees. Pulaski, a partner at Rudy, Exelrod, Zieff & Lowe LLP, regularly represents employees and executives in all aspects of individual and class action employment litigation. She is co-author, along with Lindsay Hutner, a shareholder at Greenberg Traurig LLP, of PLI’s recently published California Employment Law treatise.
Technology Transactions enables practitioners to draft, review, and negotiate technology transaction agreements. Readers will encounter a trove of sample forms and best practices for negotiating some of the most common and sophisticated types of technology transactions. The book specifically covers issues relevant to software license, technology escrow, non-disclosure, domain name transaction, and cloud computing agreements. It also discusses the relevant privacy and intellectual property regulations lawyers should consider when drafting transactional documents.
Highlights of the new release include:
Chapter 4: A new section discusses the increasing adoption of sovereign cloud solutions and industry-specific clouds (see section 4:2.2[G]).
Chapter 5: Updated content discusses ICANN’s proposal of the new WHOIS Disclosure System which would facilitate access to nonpublic registration data associated with generic top-level domains (gTLDs) (see section 5:2.1[A]).
Chapter 11: New content discusses the increased use of efforts provisions in commercial agreements, the variants of the clauses that have been introduced, and issues litigated (see section 11:4), including the enforceability of such clauses (see section 11:4.1), efforts hierarchies in determining whether the standard was met (see section 11:4.2), and defining efforts standards (see section 11:4.3).
Chapter 19: Updated discussion describes the nine new elements that an information security program must include (see section 19:4.2).
Chapter 20: New content previews California’s Age-Appropriate Design Code Act which will take effect in 2024 (see section 20:7).
Earlier this month, the PLI librarians enjoyed connecting with law librarians from across the country at the 2023 American Association of Law Libraries Annual Meeting & Conference in Boston.
At the PLI Booth, we provided demos of PLI PLUS, answered questions about the PLI Press catalog of publications, and shared our new podcast PLI Ever Current: The Practising Law Librarian. Hosted by Karen Oesterle, PLI’s associate director of legal research development, The Practising Law Librarian features interviews with movers and shakers in the law librarian community – many of whom were at the conference – including Cornell H. Winston, the incoming vice president/president-elect of AALL, and Becky Katz, whose poster “On the Right Track: A New Approach to Access to Justice in the District of Columbia” was on display in the exhibit hall.
At PLI’s Lunch & Learn, attendees watched a demonstration of PLI PLUS that highlighted several new enhancements added to the platform in the last year including an archival titles filter, Ever Current links, the trending titles and topics display, and more. Check out the slides from the presentation.
Trisha Petitt, Foley & Lardner LLP’s technical services librarian, pictured here next to PLI’s associate director of library relations Kay Mitchell (on the left), was the lucky winner of this year’s Lunch & Learn raffle.
It was great seeing so many of our colleagues in Boston this year! For anyone who couldn’t attend, check out these flyers from our booth: