Treatise Update – Investment Adviser Regulation: A Step-by-Step Guide to Compliance and the Law (Third Edition)

Investment Adviser Regulation: A Step-by-Step Guide to Compliance and the Law is an essential resource for investment advisers, securities attorneys, compliance personnel, and federal and state regulators, and a useful reference for today’s investors. It guides practitioners through a maze of statutory, SEC, and state standards as well as provides advice on the practical aspects of building a practice. 

This treatise update offers expanded coverage of the rules and regulations affecting investment advisers. Highlights of this new release include:

  • Chapter 9, Chapter 13, and Chapter 14 now present enhanced guidance on drafting advisory contracts and coverage of the SEC’s and DOL’s reexamination of recent rules related to proxy voting.  Notably, Chapter 14, Privacy of Client Financial Information: An Overview, has been extensively updated to examine the federal, state, and foreign data privacy laws that are most relevant to investment advisers operating primarily in the United States, and, according to these laws, what those advisers must do to protect the privacy of their clients’ financial information.
  • Chapter 45, Chapter 46, Chapter 46A, Chapter 48 and Chapter 49B feature the latest counsel to managers, sponsors, and overlay managers of Model-Based Advisory Programs; the recent adoption of Rule 152 that contains a single safe harbor simplifying the integration framework for securities offerings under the Securities Act of 1933 (see section 46:4.1[I] of the Hedge Funds chapter); and updated coverage of the implications of federal registration for a hedge fund manager (see section 46A:5).  These chapters provide updated information for advisers to private equity funds and collective trust funds and investment advisers in the retirement market.
  • Chapter 61, Chapter 63, Chapter 64, Chapter 65, Chapter 66, and Chapter 67 call attention to new information relevant to investment and digital advisers in the areas of marketing, blockchain and digital assets, data protection, and financial services cybersecurity. Additionally, a new Chapter 65 covers model risk considerations for investment advisers and Chapter 61 contains added discussion of the SEC’s redefinition of “readily available market quotations” as it is used throughout the Investment Company Act (see section 61:5).

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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. 

Popular Pro Bono Books on PLI PLUS Right Now:

Popular Pro Bono Transcripts on PLI PLUS Right Now:

Treatise Update – Securities Investigations: Internal, Civil and Criminal

Securities Investigations: Internal, Civil and Criminal (Second Edition) provides the legal knowledge and practical strategies necessary to deal effectively with government and internal investigations. The new release of the treatise extensively updates it with the most recent developments governing internal, civil, and criminal investigations involving potential violation of the securities laws.  It also shares nuances and practical tips from experts in such investigations.

Key developments covered in the new release include:

  • “Property” and “Personal Benefit” under the Securities Statutes. Due to the U.S. Supreme Court vacating and remanding United States v. Blaszczak to the Second Circuit in light of Kelly v. United States, the question remains whether confidential information constitutes “property” under the securities statutes and how that may impact the holding that there is no personal benefit requirement in Title 18 cases. See Chapter 2 and Chapter 3 for discussion.
  • Cross-Border Regulation of the Financial Markets. See Chapter 13 for numerous new case summaries of SEC cross-border enforcement actions on insider trading, securities fraud, market manipulation, and the Foreign Corrupt Practices Act (FCPA).

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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 October 2021!           

Treatise Update – Faber on Mechanics of Patent Claim Drafting (Seventh Edition)

Faber on Mechanics of Patent Claim Drafting spotlights proven claim drafting practices and techniques that have been firmly established by patent authorities and custom. The treatise provides full coverage of U.S. Supreme Court and other court decisions critical to claim drafting. It is an indispensable guide for patent specialists/intellectual property attorneys, corporate counsel, patent agents, patent officials, and inventors.

This new release updates and expands the treatise with practical information and commentary on a variety of issues affecting patent claim drafting. Highlights include:

Chapter 1

  • Abstract ideas: For complete analysis and implications of XY LLC v. Trans Ova Genetics, see §§ 1:4.8 and 1:5.7.
  • Software Inventions: See §§ 1:4.2[A] and 3:29.7 for treatment of Rain Computer, Inc. v. Samsung Electronics America, Inc.

Chapter 2

  • Claiming contrary positions: See new § 2:15 for a discussion of Infinity Computer Products, Inc. v. Oki Data Americas, Inc., and how inconsistent statements by the patentee in the prosecution history could limit the scope of the claim language or render the claims invalid.

Chapter 3

  • Words of approximation: Section 3:19 is updated with a discussion of Par Pharmaceuticals, Inc. v. Hospira, Inc., in which the Federal Circuit said that “about” means approximately and is determined by using a functional approach, avoiding a strict numerical boundary, and confined to what one skilled in the art would consider to be “about” in the current case.
  • Singular and plural elements: § 3:11 discusses the meaning of the phrase “a plurality of.”
  • Means plus function: See new § 3:29.7[A] for a discussion of the implications of claiming elements in terms of function performed rather than physical structure in order to cover a broader range of structures.

Chapter 5

  • Product-by-Process Claims: Section 5:2 looks at Biogen MA Inc. v. EMD Serono, Inc., noting that the Federal Circuit is expanding product by process to cover a method of treatment claim that includes a product-by-process limitation.
  • Design claims: Section 5:4 notes that the patent office is considering whether design protection should extend to digital designs that do not require a display screen or other tangible article to be viewable.

Table of Authorities and Index

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Treatise Update – The Circular 230 Deskbook: Related Penalties, Reportable Transactions, Working Forms

The Circular 230 Deskbook is an essential compliance resource for every tax professional who practices before the IRS.  It helps practitioners comply with complex Circular 230 amendments more easily — and avoid costly penalties and sanctions.  In addition to demonstrating prescribed duties when advising clients in the preparation of tax returns, it offers quick-reference compliance tools.

This thirty-first release of The Circular 230 Deskbook updates the treatise with the latest developments in tax and estate law relating to IRS Circular 230. Highlights from the new release include:

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Treatise Update – Sinclair on Federal Civil Practice (Fifth Edition)

Sinclair on Federal Civil Practice gives quick and authoritative answers for issues arising in federal civil litigation and serves as a guide to the principal rules and tactical considerations guiding lawsuits in the federal courts. This two-volume treatise explains the layout of the court system and the nature of its key personnel, jurisdiction and venue principles, and the sequence of litigation.  It also provides insight into the rationale of the rules by citing the key interpretive cases and offering court-tested practice tips.

Highlights of the new release include:

  • Updates to the Additional Resources and Compendium of Recent Cases (Vol. 1 & Vol. 2): Numerous recent law review articles are added to the Additional Resources section at the end of each chapter, and the chronological circuit-by-circuit Compendium of Recent Cases is updated for each volume.
  • Section 2:8.1[D] Personal jurisdiction / minimum contacts: Discusses a 2021 Supreme Court decision on the issue of whether personal jurisdiction was appropriately exercised over a vehicle manufacturer incorporated in Delaware and headquartered in Michigan for claims that arose from severe injuries and death suffered as a result of accidents in Montana and Minnesota. The vehicles were previously owned, purchased by the plaintiffs at subsequent resales, and brought into Montana and Minnesota from other states.
  • New section 8:2.4 Standard of review for Rule 12 motions: A new section discusses the standards of review for a motion to dismiss under Rule 12(b)(6) and a motion for judgment on the pleadings under Rule 12(c). Federal appellate courts disagree as to whether a different standard of review applies to a motion to dismiss brought under Rule 12(b)(1), which challenges the subject matter jurisdiction to hear the claims at issue.
  • New section 8:2.8 Trial motions: A new section analyzes the motion for judgment on partial findings pursuant to Rule 52(c) and the motion for judgment as a matter of law pursuant to Rule 50(a) or 50(b). While both motions are aimed at expediting trials, they have distinct differences that litigators need to consider, including the type of proceeding (jury or non-jury) in which the motion is available and the applicable standard of review.

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Treatise Update – Mergers, Acquisitions and Tender Offers: Law and Strategies — Corporate, Securities, Taxation, Antitrust, Cross Border

Mergers, Acquisitions and Tender Offers provides battle-tested, real-world advice on the entire M&A process. Packed with best practices, planning tips, checklists, and sample documents/agreements, this treatise offers comprehensive coverage of all aspects of the deal for domestic and cross-border mergers.

Highlights of the new release include:

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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 September 2021!