Treatise Update – International Tax & Estate Planning: A Practical Guide for Multinational Investors (Third Edition)

In International Tax & Estate Planning: A Practical Guide for Multinational Investors (Third Edition), one of the nation’s leading multinational investment authorities presents a clear and practical approach to managing and disposing of private wealth.  Featuring detailed planning checklists and formulas for calculating taxes and tax credits, the treatise is an indispensable resource for lawyers, private bankers (both investment and commercial), corporate personnel of multinational corporations, accountants, and investment advisers.

The twenty-fourth release of the book provides updated practical information that enables multinational investors (and those who advise them) to protect investments, minimize taxation, maintain confidentiality, and assure proper disposition of assets upon an investor’s death.

Specifically, the latest iteration of the book includes:

  • A revised Chapter 1, Conflict of Laws, which explores topics including the definition of domicile in various states and countries, and revisions to, and ratification of, the Convention on the Conflicts of Laws Relating to the Form of Testamentary Dispositions.

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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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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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Treatise Update – Electronic Discovery Deskbook (Third Edition)

Electronic Discovery Deskbook guides attorneys through the legal, procedural, and technical challenges of e-discovery while reducing its costs and risks. The Deskbook aids in developing cost-effective, legally defensible information and litigation management policies and procedures for the identification, preservation, collection, preparation, and production of discoverable, electronically-stored information (ESI).  It offers a bounty of useful tips and alerts readers to vital trends, focusing on new technologies, new compliance demands, and new legal vulnerabilities for counsel.

Updated chapters reflect the latest cases, legislation, guidance, and commentary pertaining to electronic discovery. Highlights of the new release include:

  • Mobile and wearable technologies: The new §13:2.4 discusses litigation on the issue of whether, for purposes of ESI, an organization has “control” over devices used by its employees.  It provides guidance on how employers may avoid or limit the need to collect data from such devices, regardless of whether they are provided by the employer or the employee.
  • International Laws: Chapter 14 International Issues includes the most recent developments outside of the United States pertaining to electronic discovery.

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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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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:

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Treatise Update – Kane on Trademark Law: A Practitioner’s Guide (Seventh Edition)

Kane on Trademark Law is a comprehensive resource on trademark law and tactics that provides court-tested practical suggestions on how to quickly spot potential conflicts and save time on searches, overcome common descriptiveness rejections, update or amend registrations, and prepare witnesses for depositions. It includes illustrative lists of cases, full-color illustrations of previously litigated marks, sample forms, and step-by-step checklists. The treatise is updated regularly to provide in-depth analysis of the most recent developments in the field.

The new release provides expert analysis and practical insights regarding a wide range of trademark issues. Topics of interest include:

  • Trademark selection: Highlights comprise cases from the Second Circuit and the TTAB on color protection (see Sulzer Mixpac AG v. A&N Trading Co. in § 2:10.2[B] and In re Medline Industries, Inc. in § 2:10.4 and App. B, Illustration 67).
  • Trademark registration: Revisions include an update to the Booking.com case regarding the expenses that an appealing party in an ex parte appeal must pay when appealing to the district court (see § 6:6.1[B]) and a precedential case from the TTAB on the registrability of a mark that includes a depiction of the U.S. flag (In re Alabama Tourism Department) (see § 6:5.2).
  • Trademark use and priority: For an update on the PRETZEL CRISPS dispute and a decision from the district court on issues of genericness and consumer confusion, see § 5:3.3.
  • Initial interest confusion: Consult § 8:1.1[A] for The Eighth Circuit’s blessing of the initial interest confusion doctrine in Select Comfort.
  • Infringement: See § 8:3.4 for an update to a Second Circuit case on landlord liability for a tenant’s counterfeiting (Omega SA v. 375 Canal, LLC).
  • Defenses to infringement: There is a new section on upcycling and repairs with citations to the Nike Satan shoes case and the Hamilton watch case (see § 12:1.5 and App. B, Illustration 68).
  • Costs: For a discussion about the significant costs of losing on appeal, see § 18:7.
  • Fraud: Go to §§12:2.6[G] and 19:2.2[B] for the TTAB’s ruling in a precedential decision about whether conduct amounting to reckless disregard constitutes fraud on the PTO as a matter of law.

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Treatise Update – Holtzschue on Real Estate Contracts and Closings (3rd Edition)

Holtzschue on Real Estate Contracts and Closings:A Step-by-Step Guide to Buying and Selling Real Estate 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:

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

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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!