Category Archives: PLI

New Journal! PLI Current: White Collar Practice Journal

We are pleased to announce the newest journal from PLI Press, PLI Current: White Collar Practice Journal. This journal is the first in a series of new journals from PLI Press dedicated to coverage of key practice areas. It will be published at least twice each year and features original articles written by the leading experts in this field—practicing attorneys, judges, scholars, and others, including PLI Press’s highly acclaimed authors and CLE faculty members—dedicated to bringing you expert commentary and analysis of developments in financial crimes and related issues.

Articles in this premier issue include:

This journal is available on PLI PLUS, our online research database. If you’d like to purchase a print copy, please email libraryrelations@pli.edu or call 877.900.5291.

 

New Edition! Insider Trading Law and Compliance Answer Book (2019 Edition)

Insider Trading Law and Compliance Answer Book is an easy-to-use guide to the reach of the insider trading laws, the specifics that must be proved in court, the available defenses, the penalties, the current approaches taken by the SEC and the Department of Justice to insider trading violations, and the best compliance policies and procedures for firms to enact to minimize the chances of a violation.

More than two dozen experts at Schulte Roth & Zabel LLP share their knowledge in clear and succinct question-and-answer format. Updated with the latest key court decisions, the book provides timely and practical information for investors, corporate insiders, professional traders, investment advisers, broker-dealers, and other participants in the securities industry, as well as insights and analysis for the lawyers who advise and represent them.

Some highlights of the 2019 Edition:

  • New chapter: Insider Trading Law and Commodity Interests. Recent rulemaking and high-profile CFTC enforcement actions have made it clear that market participants and their counsel must be familiar with insider trading law as it applies to the commodity futures and derivatives markets. This new chapter explains the prohibitions on insider trading in the commodity futures market, compares the statutory provisions of the Commodity Exchange Act and the Securities Exchange Act, compares CFTC Rule 180.1 and the SEC Rule 10b-5, and discusses two recent “plant-the-flag” enforcement actions.
  • Are cryptocurrencies securities? In answering that question, the SEC signaled it will apply the “investment contract” test from Howey. Under that test, cryptocurrencies themselves might not be securities, but ICOs or other products sold to investors using cryptocurrencies as the underlying asset would be.
  • Nonpublic information and the Internet. See chapter 7 for new discussion of whether an issuer’s website can be a “recognized channel of distribution” for disclosures and whether information disclosed via social media is considered public.

This answer book is available on PLI PLUS, our research database. If you’d like to order a print copy, please email libraryrelations@pli.edu or call 877.900.5291.

New Edition! Corporate Political Activities Deskbook (2018 Edition)

Corporate Political Activities Deskbook provides a thorough grounding in the current state of the law on federal and state campaign finance, pay-to-play, lobbying, gift compliance, and more. It serves as a practical manual for in-house attorneys and others who advise corporations about involvement in the political process, suggesting ways that corporations can utilize the available avenues of interacting with the government while avoiding negative press and legal and regulatory attention.

Among the developments discussed in the new 2018 edition are:

  • Trump ethics pledge: Non-career political appointees to the executive branch of the Trump administration must sign an ethics pledge. The “Trump Pledge” replaces a similar ethics pledge that President Obama required for appointees, but with some key differences: The pledge covers prohibition on the acceptance of gifts from registered lobbyists and restricts appointees from working on matters involving a former client or employer for which the appointee worked, or on which the appointee lobbied, in the previous two years. The pledge also imposes certain restrictions on lobbying activity on appointees upon leaving government service.

 

  • Ban on contributions by federal contractors:  In Wagner v. FEC, a federal contractor was fined a $34,000 civil penalty for a $200,000 contribution to a “super PAC,” which the Federal Election Commission (FEC) found to have violated the ban on federal contractor contributions under Federal Election Campaign Act. The penalty is significant because while the FEC previously suggested that the federal contractor ban applied to super PAC contributions, it had not previously found actual violations to have occurred, leaving open some question regarding the FEC’s appetite for imposing penalties for such contributions.

 

This essential and timely treatise is available on PLI PLUS, our research database. If you’d like to order a print copy, please email libraryrelations@pli.edu or call 877.900.5291.

 

New Title! Depositions Answer Book

Depositions are the key component of all litigation matters that survive a motion to dismiss, allowing parties to discover the legal and factual theories of their opponent and to explore the validity of their own case theories and themes. What litigants learn from depositions can guide critical strategic decisions such as whether to settle (and, if so, at what value) or proceed to trial.

The newest answer book title from PLI Press, Depositions Answer Book draws on author Thomas Jackson’s decades of experience in antitrust, business, securities, IP and other litigation to help you master the crucial deposition process, delivering practice-based guidance on:

This essential new title is available on PLI PLUS, our online research database. If you’d like to order a print copy, please email libraryrelations@pli.edu or call 877.900.5291.

 

Library Ledger, March 2018, Volume 6, Issue 2

The latest edition of the Library Ledger is now available!

In this edition, we highlight the latest feature on PLI PLUS–Case Law Links! We also showcase PLI PLUS enhancements throughout the years as well as new content added in 2018. Lauren Allshouse, our Library Relations Manager, discusses this year’s AALL conference in Baltimore, Maryland.

Looking for an older edition? The complete archive of the Library Ledger is available here.

 

Commercial Ground Leases: Now in its 30th Year!

Since the publication of its first edition in 1988, Commercial Ground Leases has been helping real estate professionals draft, negotiate, and finalize equitable, error-free commercial ground lease documents that address the needs of both landlord and tenant, providing clear explanations of complex issues in a framework that makes each individual subject easy to find. This one-stop volume also includes several valuable appendices that offer time-saving sample agreement language.

Commercial Ground Leases covers all the critical areas that participants in a commercial real estate development project need to know about in order to resolve any ground lease issues that may arise.

Recent updates to the third edition include:

–Chapter 4, Tenant Financing: General Updated section 4:5.3 reviews the risks posed by leasehold mortgages to the landowner.

–Chapter 6, Leasehold Financing A new section, 6:7.1[G], reviews the inclusion in the ground lease and in leasehold mortgage documents of a waiver by the ground lease tenant/borrower of any rights to a claim for damages against either the landowner or any leasehold mortgagee arising from any new lease into which they may enter.

–Chapter 7, Bankruptcy Updated section 7:3.2[C] reviews stub rent and whether the past due rent for the entire month is treated as unpaid pre-petition rent or if the portion of the rent attributable to the period after the filing date to the next rent due date is includible as a priority administrative expense.

This title is available on PLI PLUS, our research database.  If you’d like to order a print copy, please email libraryrelations@pli.edu or call 877.900.5291.

 

New Edition! Medical Devices Law and Regulation Answer Book (2019 Edition)

PLI recently published the 2018 edition of Medical Devices Law and Regulation Answer Book, in which more than thirty contributors from various law and consulting firms share their expertise regarding the wide range of topics encountered in this heavily regulated field.

This book provides in-depth coverage of individual FDA programs that govern everything from conducting clinical trials, preparing successful premarket submissions, adhering to quality system requirements, and fulfilling post-market obligations and more. Presented in a question-and-answer format, this guide also discusses related topics that have a marked impact on the medical devices industry, such as intellectual property, product liability, and reimbursement.

Medical Devices Law and Regulation Answer Book is designed to distill the essential elements of this complex regulatory environment and provide a practical guide to the complexities of FDA regulation of medical devices. It is a practical, in-depth reference for all lawyers, consultants, and companies operating in the medical devices sector, as well as all companies contemplating entertering it .

This updated answer book is available on PLI PLUS, our research database.  If you’d like to order a print copy, please email libraryrelations@pli.edu or call 877.900.5291.

PLI PLUS Enhancements Timeline

We are continually working to improve PLI PLUS so that it meets your needs. From including MARC records as part of the subscription fee to adding case law links free of charge and everything in between, learn more about the updates we’ve made with our PLI PLUS enhancements timeline:

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You can also view the timeline on our Training Center.

Have a suggestion for another enhancement for PLI PLUS? Let us know! Email PLUS@pli.edu or call 877.900.5291.

Deskbook on Internal Investigations, Corporate Compliance, and White Collar Issues

PLI recently updated Deskbook on Internal Investigations, Corporate Compliance, and White Collar Issues.

This treatise provides practical guidance on how to carry out internal investigations to identify and remediate legal problems, protect the rights of employees when they’re subject to investigation or prosecution, and cooperate with government investigators in ways that help reduce legal and financial damage if wrongdoing is proved.

The latest update includes coverage of the following topics:

  • Major ongoing antitrust investigations: A new section has been added discussing the Packaged Seafood Investigation into price-fixing of packaged seafood between the brands Chicken of the Sea and Bumble Bee, and its consequences including abandonment of a proposed merger, cooperation by the parent company of Chicken of the Sea in the investigation, agreement by Bumble Bee Foods to plead guilty to a criminal charge, and guilty pleas to charges of conspiracy by several corporate executives.
  • The most recent civil and criminal FCPA enforcement actions against companies and individuals: An updated discussion of The Foreign Corrupt Practices Act and the International Conventions on Bribery explores the DOJ’s revised Corporate Enforcement Policy, making permanent many of the core elements of the Obama administration’s Pilot Program, which has guided the DOJ’s FCPA enforcement decisions over the past year and a half. New to the policy is a presumption in favor of non-prosecution when companies self-report, cooperate, and remediate.
  • Deferred Prosecution Agreements (DPAs): the updates reflect the most recent (DPAs), while noting the decrease in number of such DPAs over the last few years.

The updated treatise is available on PLI PLUS, our research database.  If you’d like to order a print copy, please email libraryrelations@pli.edu or call 877.900.5291.