Employment Law Webinar – Tomorrow! 5/26/22

Join us tomorrow, Thursday, May 26, at 3:00 pm ET for an Employment Law Webinar.

PLI’s Associate Legal Editor, Jenna Fiore, will provide a brief demo to highlight the Employment Law resources available on Practising Law Institute’s (PLI) online research database, PLI PLUS. Jenna will cover popular Employment Law titles and review research scenarios to demonstrate key features of PLI PLUS.

POPULAR EMPLOYMENT 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 Edition! Healthcare Employment Practice: Policy, Law and Procedure (2022 Edition)

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PLI Press is proud to announce the publication of the new edition of Healthcare Employment Practice: Policy, Law and Procedure.

The hospital and healthcare environment has become more fractured and fractious in recent years. Job satisfaction among healthcare professionals is down due to occupational stress, physical and emotional exhaustion, burnout, lack of respect, and crushing administrative and oversight duties on top of clinical duties, loss of autonomy, and the devastating effects of the COVID-19 pandemic.

Meanwhile, complex employment contracts and noncompete covenants bind doctors and other healthcare personnel and have locked up the futures of many professionals. This guidebook responds to these complex issues with detailed contract guidance and practice tips to save you time, reduce errors, and improve employee satisfaction. The text explores how the system operates, and suggests how lawyers, human resource professionals, and hospital management teams can improve their outcomes through astute planning and careful drafting of agreements.

Healthcare Employment Practice includes:

  • Step-by-step, term-by-term guidance on physician on physician employment contracts, with an emphasis on the problems presented by restrictive covenants, and a full sample Physician Employment Agreement (see Chapters 9 and 10 and Appendix B – fully updated for 2022)
  • A fifty-state survey of noncompete statutes and selected case law (see Appendix A – fully updated for 2022);
  • Labor and employment law as it affects healthcare industry employees (see Chapters 13-21);
  • Issues presented by telemedicine (see Chapter 27);
  • Stark and anti-kickback law compliance (see Chapter 26);
  • Employment discrimination in healthcare: physician whistleblower, discrimina­tion, harassment, and retaliation claims (see Chapter 22).

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

Book Review

Likelihood of Confusion in Trademark Law (Second Edition) Supplement Date: Nov 2021

“[Kirkpatrick] gets to the heart of likelihood of confusion and explains what every trademark lawyer needs to know about this essential trademark law element.”
– Martha Sarra, Trademark Counsel, The Kroger Co.

“Richard Kirkpatrick’s book provides everything you want to know about the most important issue in trademark law.  Likelihood of confusion is a like a multi-faceted crystal, and this work will help you find the right angle (and the right precedent) that sheds light on your particular trademark problem.”   
– John T. Welch, Of Counsel, Lando & Anastasi

“When the book arrived, I was not disappointed.  I actually read it cover to cover, which may be a confession that I am a legal geek but nonetheless points to the book’s readability, despite its highly technical subject matter.  It starts with a discussion of the “Principles of Likelihood of Confusion” and ends with an Appendix of full color illustrations and a Table of Cases.  Likelihood of Confusion in Trademark Law is logically ordered and flows as a complete work.  Each subsection has helpful headings so that the reader can locate the information that may be useful in his/her particular case.” “This book also includes a plethora of footnotes that are on point, unobtrusive and helpful to explain the text.” “Likelihood of confusion is a subtle, complicated area of law and clearly worthy of a comprehensive reference volume on the subject, especially one as lively as this book.” “Two particularly strong points in the book are its cases cites and use of examples.” “Kirkpatrick expertly weaves pithy and longer quotes from court cases into his discussion in the text, and he also gives just enough concrete examples to help illustrate his points.” “I believe this text is a useful addition to any trademark attorney’s repertoire.”
–  Anne Marie Segal, Esq., Segal Law Blog

“Kirkpatrick gives the practical insight that all trademark law practitioners should have at their fingertips.” – Chetuan L. Shaffer, Intellectual Property Counsel, Apple Inc.

“Likelihood of Confusion in Trademark Law is an excellent reference guide for professionals and non-professionals interested in the “key question” of trademark law…. Every practitioner should keep a copy of the book nearby.
”- Bryn T. Lorentz, Corporate Counsel – Intellectual Property, The Kroger Co.

”A comprehensive reference tool for both novices and experienced trademark practitioners. Kirkpatrick does a first-rate job of relating the subject of each chapter to consumer expectation.”
– New York Law Journal

“Likelihood of Confusion in Trademark Law sheds needed light on an important area of trademark law.”
– Bernard Zidar, Chief Intellectual Property Counsel, McKesson Corporation

“Likelihood of Confusion in Trademark Law is a practice-elevating resource that has deep and well-organized analysis and case law that would benefit even the most experienced practitioner who needs to analyze likelihood of confusion.”
– Raffi Zerounian, Partner and Los Angeles Market Leader, Hanson Bridgett LLP

New Edition! Social Media and the Law

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PLI Press is proud to announce the publication of the new edition of Social Media and the Law.

This book can help to minimize the risk of litigation and other legal problems arising from the use of social media platforms by analyzing it in various legal contexts, including privacy, civil litigation, employment, criminal activity and prosecution, intellectual property, defamation, advertising, and regulated industries. Relevant legislation, court opinions, usage trends, and industry responses are discussed. 

Notable developments covered in the new edition are:

  • Use of technology by Human Resources departments (Chapter 6):  Recent statistics on the growing use of AI, big data, and data analytics in employment recruitment are discussed.
  • Deceptive practices (Chapter 8):  A new section discusses two self-regulatory programs operated by the Better Business Bureau that are of relevance to social media advertising: the National Advertising Division and the Children’s Advertising Review Unit, the latter of which issued revised guidelines that became effective on January 1, 2022.
  • Required disclosures in advertising (Chapter 8): In October 2021, the FTC began sending a series of Notices of Penalty Offenses to large numbers of businesses following an April 2021 Supreme Court decision that stripped the FTC of its authority to obtain monetary redress without first engaging in administrative proceedings.
  • Privacy of victims of crime (Chapter 9): A new section discusses the privacy and ethical issues arising from the provision of social media information about victims of crime.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

Treatise Update – Holtzschue on Real Estate Contracts and Closings:  A Step-by-Step Guide to Buying and Selling Real Estate (3rd Edition)

Holtzschue on Real Estate Contracts and Closings is an invaluable resource for attorneys and general practitioners who handle real estate deals as well as an important reference for brokers, title insurers, and inspectors.  It distills more than thirty years of transactional experience into one plain-English treatise that clearly explains governing law and customary industry practices.  The book provides useful legal, technical, and strategic guidance and checklists for sellers’ and purchasers’ attorneys preparing them to execute dispute-free residential deals quickly and easily.

This new release offers the latest information crucial to your practice.  Highlights include:

  • Chapter 2, Drafting and Negotiating the Contract. New Tips on who is favored in decisions dealing with “as is” and caveat emptor (see section 2:2.11[A][1]), and mortgage commitment contingency (see section 2:3.1).
  • Chapter 4, The Closing. Coverage of the New York Electronic Notarization Bill, effective June 20, 2022, which will allow notarial acts through a completely electronic format, referred to as Remote Online Notarization (RON) (see section 4:1); and the December 7, 2021 FinCEN Notice of Proposed Rulemaking which implements the federal Corporate Transparency Act’s beneficial ownership information (BOI) reporting provisions as to corporations, limited liability companies, or other entities (see section 4:2.4).
  • New and updated cases and other authority throughout the text, including in the following important areas: Ethics and Professional Responsibility, [8] Attorney Escrow Accounts; easement for historic preservation (see section 2:2.7[D][7]); failed suits against title insurance companies (see section 2:2.7[E]); caveat emptor (see section 2:2.11[A]); and attorney approval clauses (see section 2:3.26[B]).

In addition, the Table of Authorities and Index have been updated to reflect the latest revisions.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

Treatise Update – International Corporate Practice: A Practitioner’s Guide to Global Success

International Corporate Practice 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. It also includes helpful case studies, checklists, and sample documents.

This release features new material designed to enable lawyers, whether in-house or outside counsel, to operate efficiently on the global stage. Topics discussed include the following:

  • International attorney-client privilege: New sections discuss the privilege in Bulgaria (§ 2:2.4), India (§ 2:2.12), and Ireland (§ 2:2.13).
  • Outsourcing and e-discovery: A discussion of the impact of using predictive coding and artificial intelligence in reviewing electronically stored information is included in § 5:1.6.
  • International corporate compliance: Revisions to chapter 6 take note of three actions that the Department of Justice took in 2021 to strengthen its response to corporate crime (see § 6:4).
  • International litigation and discovery: Chapter 10 has been updated with a discussion of obtaining discovery in the United States for use in a foreign tribunal under 28 U.S.C. § 1782 (see § 10:7.1).
  • International labor and employment law: The updates in Chapter 21 include analysis of the EU Whistleblower Protection Directive, which sets minimum standards for protections that EU Member States must provide to whistleblowers (see § 21:4.7).
  • Data protection and privacy: A completely revised and reorganizedChapter 24 focuses on the EU General Data Privacy Regulation, which has set the standard for global data protection.
  • The Index has also been updated for this release.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

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 laminated, quick-reference compliance tools.

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

  • Chapter 1, Section 1:3: Discusses Wilson v. Commissioner, a case concerning whether the IRS’s “publicly stated positions” in the IRS manual or instructions “constitute rules carrying the force of law as required for Chevron deference.”
  • Chapter 3, Section 3:5: Explains whether the Anti-Injunction Act would preclude pre-enforcement judicial review if Congress amended the disclosure rules to impose a tax on a reportable transaction rather than a disclosure obligation backed up by a penalty for those who fail to comply.
  • Chapter 4, Section 4:13.6[B]: Explores Rodgers v. United States, in which the Ninth Circuit decided whether willfulness for purposes of section 6694(b) can be predicated on the basis of willful blindness or if it must be based on a finding of specific intent to understate liability.
  • Updated Appendix N, IRS Form 2848, Power of Attorney and Declaration of Representative.
  • Updated Table of Authorities is included.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.