Category Archives: PLI

New Title! Cyber Insurance Claims, Case Law, and Risk Management

PLI Press is proud to announce the publication of the new treatise Cyber Insurance Claims, Case Law, and Risk Management.

This treatise provides comprehensive analysis of the ever-changing and escalating cyber claim landscape as it relates to insurance coverage and overall risk management. It features in-depth case and insurance policy analysis and discussion of loss mitigation steps, along with chapter summaries that can serve as quick reference checklists for practitioners. A valuable resource for law firms, breach response counsel and any risk management professional, this book guides readers by:

  • Providing tools for assessing cyber risk profiles and liability exposures, understanding insurance coverage and recognizing frequent pressure points in the scope of such insurance coverage
  • Improving loss prevention and loss mitigation efforts to reduce cyber exposures and the threat of legal action against senior management
  • Providing a reference guide to key insurance policy insuring agreements and protections
  • Identifying problematic issues encountered by others in pursuing coverage
  • Providing analysis of legal arguments and outcomes regarding claims for coverage
  • Identifying issues likely to be encountered when addressing cyber losses and pursuing insurance recovery

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PLI PLUS subscribers can access this title through their subscription.

Treatise Update – Derivatives Deskbook: Close-Out Netting, Risk Mitigation, Litigation (Second Edition)

Derivatives Deskbook: Close-Out Netting, Risk Mitigation, Litigation is a comprehensive resource for all users of swap agreements and derivatives, from financial institutions to corporate end-users. The treatise defines the key terminology and identifies the major players, discusses the full range of required documentation, highlights best practices for the legal risk management of derivatives, and includes numerous practice-tested legal forms. Most importantly, it examines all significant, and often difficult-to-find, derivative transactions litigation cases from leading jurisdictions worldwide.

Highlights of this new release include:

  • Expanded section 1:1 explains the repercussions of the Texas energy crisis that occurred in February 2021, particularly with regard to how it relates to corporate end-users of derivative transactions.
  • Revised section 6:6.1 explores how additional termination events that are tied to the financial health of a counterparty could be specified conditions similar to having events of default as specified conditions.
  • Completely revised Chapter 9 examines the Dodd-Frank Act, EMIR, and MiFid II, and their implications on the OTC derivatives market in light of the 2020 revisions to Commodities Futures Trading Commission regulations.

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PLI PLUS subscribers can access this title through their subscription.

Treatise Update – Deskbook on Internal Investigations, Corporate Compliance, and White Collar Issues (Second Edition)

Deskbook on Internal Investigations, Corporate Compliance, and White Collar Issues is a vital reference for attorneys, executives, compliance officers, securities professionals, and regulators that examines the regulatory and criminal issues that can arise in a corporate setting. It offers guidance on how to build a comprehensive compliance program that can prevent legal missteps, carry out internal investigations to identify and remediate legal problems, protect the rights of employees when they are subject to investigation or prosecution, and cooperate with government investigators in ways that help reduce legal and financial damage if wrongdoing is proved.

All chapters are updated to reflect the most recent trends and specific high-profile DOJ investigations, settlements, and actions. Highlights of the new release include:

  • Filter Teams: A new section discusses the government’s use of “filter teams” to review seized records that may contain attorney-client privileged communications and/or work product. Courts have issued disparate opinions on whether the practice is proper (see § 2:8).
  • DPAs: A new section presents likely changes within the Biden administration regarding the use of DPAs based on activities and statements of President Biden, Attorney General Garland, and several other recent DOJ appointees (see § 9:3.3). Another new section discusses recent congressional activity pertaining to DPAs, specifically the 2021 National Defense Authorization Act and the VOCA Fix to Sustain the Crime Victims Fund Act of 2021 (see § 9:3.4).
  • Antitrust Investigations: New subsections discuss additional current ongoing Antitrust Division investigations: collusion in the broiler chicken industry as part of the Division’s larger interest in how conspiracy affects household staples (see § 12:4.3[B]); matters, both domestic and international, pursued by the DOJ’s Procurement Collusion Strike Force (see § 12:4.3[C]); and labor market prosecutions involving agreements among employers that constrain the terms of hiring or employment in violation of the Sherman Act (see § 12:4.3[D]).

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PLI PLUS subscribers can access this title through their subscription.

New Title! Running Legal Like a Business: The Fundamentals of Legal Operations for Law Departments

PLI Press is proud to announce the publication of the new treatise Running Legal Like a Business: The Fundamentals of Legal Operations for Law Departments.

For legal professionals looking to drive operational excellence, this highly accessible handbook provides actionable advice and a single source for developing a metrics program, securing better budgets, improving your approach to diversity, equity and inclusion, and leveraging playbooks for greater efficiency. Delving into the drivers of the evolution of legal operations as an in-house function and as a profession, the book covers key elements of effective legal operations management, including:

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

What’s New on PLI PLUS

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, Course Handbooks, Answer Books, Transcripts, and Forms to reflect recent changes and developments in the law.

Click here to see what we added in December 2021!           

Treatise Update – Directors’ and Officers’ Liability: Current Law, Recent Developments, Emerging Issues (Third Edition)

Directors’ and Officers’ Liability is a vital treatise for corporate counsel, private practitioners, and directors and officers which provides a straightforward explanation of the obligations of directors and officers of public companies, the penalties they face if they fail to meet their obligations, and the protections that are offered them under the law or by agreement. 

The book covers the key facets of board committees; the duties of directors and officers under state corporate law and federal and state securities laws; private civil actions and public enforcement; exculpation, indemnity, and insurance; cybersecurity; contested mergers and acquisitions; Securities Act suits filed in state court; special issues in pharma and biotech; and more.

Highlights of the new release include:

  • Gender and Ethnic Diversity of Boards. State legislatures, courts, proxy advisory firms, and stock exchanges have all recently weighed in on requiring boards to maintain certain levels of diversity. See §§ 1:10 and 2:3.3[C] for discussion of the latest developments.
  • Caremark Claims. Hughes v. Hu and Teamsters Local 443 Health Services & Insurance Plan v. John G. Chou are the latest in a string of recent decisions from the Delaware Court of Chancery interpreting and applying Caremark. See §§ 3:3.14, 8:8.3, and 8:8.4 for detailed analysis.

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PLI PLUS subscribers can access this title through their subscription.

Treatise Update: Patent Licensing and Selling

Patent Licensing and Selling (Second Edition) offers complete and practical guidance for drafting, reviewing, and negotiating solid patent license agreements. Whether representing licensors of licensees, readers learn how to draft fair and litigation-free patent license and patent purchase agreements that serve clients’ interests, satisfy other parties, and shield clients from legal exposure.

Author Mark Holmes has revised and expanded the text and added useful new commentary on the following:

  • Licensee’s right to independent development: Licensors might wish to temper their granting of independent development rights with the condition that the licensee not diminish its efforts to market and sell the licensor’s products. See new § 2:11.
  • Compulsory licenses: Licensees that have already entered into license agreements with the patent owner will want to make sure that, if compulsory licensing is invoked, they are not paying a royalty rate higher than the compulsory rate. See new § 4:11.
  • Maintenance and prosecution costs: The license agreement might require the licensee to pay prosecution and maintenance fees. What if the licensor can dictate in which countries patents will be prosecuted and maintained? What is to protect the licensee from being forced to pay for prosecution and maintenance in countries in which there is likely little commercial interest in licensed products? See new § 6:3 for a discussion of how a licensee can protect itself from such perceived licensor abuse.
  • Indemnification by statute: In some states, if the license agreement is silent on indemnification, the issue may be addressed by statute, but the statutory obligation can be broad. See §§ 8:3.1 to 8:4 for a discussion of this important topic.
  • Arbitrator discretion: If you seek to limit discovery in an arbitration, beware of language that allows the arbitrator to deviate from the precisely stated limitations of discovery. See new § 14:9.1.
  • Force majeure: For a discussion of force majeure in the age of COVID-19, see § 15:10.2.
  • New contract provisions: This release includes the following new provisions for possible inclusion in a license agreement: Examples 1:69 and 1:69A (Construction and Rules of construction); Example 1:136 (Force majeure carveout); Example 1:318A (Valid patent claim); Example 2:21B (Right to develop independently); Example 3:16 (Patent family); Example 4:50 (Compulsory license royalty); Example 6:8 (Licensee responsible for maintenance and prosecution; loses rights where turns prosecution and maintenance over to licensor); Example 6:27 (Patent markings indemnification); Example 6:43 (Patent markings not an admission); Examples 8:5 and 8:5A (Disclaimer of warranties); and Example 18:1 (Seller patent marking compliance).

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PLI PLUS subscribers can access this title through their subscription.

New Title! Taxation of Intellectual Property

PLI Press is proud to announce the publication of the new treatise: Taxation of Intellectual Property.

This comprehensive treatise 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.

This book is the essential reference for tax and IP practitioners who want to gain intellectual property taxation knowledge—and strategically counsel their clients on the mounting tax consequences that can affect their bottom line. It differs from other books on taxation of intellectual property in that, chapters dealing with intellectual property creation, acquisitions, and sales and licenses each begin with a general framework for analyzing the tax treatment of all forms of intellectual property. Finally, separate chapters in the book are devoted to the taxation of intellectual property held by corporations and partnership and the taxation of intellectual property held by non-profit organizations.

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 PLI PLUS subscribers can access this title through their subscription.