Tag Archives: treatise

Copyright Law: A Practitioner’s Guide (Second Edition)

Copyright Law: A Practitioner’s Guide (Second Edition) serves as a crucial reference guide for general practitioners, in-house counsel, and any other professionals who may require quick and effective answers to copyright questions. This treatise provides a current analysis of court cases and a methodical approach to copyright law.

Highlights of the new edition include:

Clarification of the copyrightability of AI-generated content pursuant to the Copyright Office’s 2025 report (Section 2:7.5)

Examination of three separate district court rulings in Delaware and California regarding an AI developer’s use of copyrighted material and whether it was deemed fair use (Section 8:1)

A ruling by the Second Circuit on a nonprofit organization’s distribution of books online and its eschewal of fair use (Section 8:4.2[A])

A finding by a California district court that the sale of a social media platform’s public data and its preemption by the Copyright Act (Section 11:3.4[C])

Coverage of the “simple measures” test by the Fifth Circuit in a case upholding the liability of an internet service provider in failing to halt infringement (Section 11:8.3[B])

Updates to the Table of Authorities and Index

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New Edition! Directors’ and Officers’ Liability: Current Law, Recent Developments, Emerging Issues (Fourth Edition)

The newest edition of Directors’ and Officers’ Liability provides a straightforward explanation of the obligations of directors and officers of public companies, the penalties that they face if those obligations are not met, and the protections they are afforded under the law or by agreement. This updated treatise serves as an essential reference for corporate counsel, private practitioners, and the directors and officers themselves, as it covers current law, new developments, and arising issues.

Highlights of the new edition include:

Chapter 2, Board Committees, examines the recent changes in the realm of diversity policies, including the successful legal challenges to California’s board diversity requirements and the Fifth Circuit’s ruling regarding the Nasdaq’s board diversity rules. (Section 2:3.3[C])

Chapter 4, Duties and Liabilities of Directors and Officers Under Federal and State Securities Laws, has been updated to reflect the SEC’s recent changes to 10b5-1 and its applicability to trading plans. (Section 4:4.1[B])

Chapter 8, Emerging Issues, includes a brand-new section discussing the increasingly common securities class action lawsuits regarding artificial intelligence, with a focus on the prevalence of “AI washing” in said lawsuits. It also addresses the effects of the Trump administration’s embracement of cryptocurrency on liability. (Section 8:10 & section 8:4)

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Book Update: Product Liability Litigation: Current Law, Strategies and Best Practices (Second Edition)

Product Liability Litigation: Current Law, Strategies and Best Practices provides the comprehensive legal, technical, and strategic knowledge that can help maximize an attorney’s ability to prevail in consumer product liability cases. Addressing both plaintiff and defense perspectives, the book covers trends in product claims and defenses, strategies for managing and resolving product litigation, and particular issues and tactics that can arise in different types of product cases.

Highlights from the latest update:

Chapter 2, Recent Trends in Product Claims and Product Defenses, provides an updated discussion of artificial intelligence (Section 2:2.1); changes to the Federal Rules of Evidence and Civil Procedure (Section 2:3); public nuisance and product liability, including prescription opioids litigation, climate change litigation, and social media litigation (Section 2:4); class actions (Section 2:5); and personal jurisdiction (Section 2:6).
Chapter 4, Preemption Defenses, new discussion of over-the-counter products (Section 4:7); transportation of hazardous materials (Section 4:13.3).
Chapter 5, Defending Class Action Lawsuits, outlines the effects of the Bristol-Myers Squibb case on various federal circuit courts (Section 5:3.4).
Chapter 6, Litigation in Foreign Countries Against U.S. Companies, covers international privilege considerations (Section 6:2.2).
Chapter 7, Emerging Issues in Pharmaceutical Litigation, updated discussion of proposed Rule 16.1 of the Federal Rules of Civil Procedure (Section 7:2.1[A]); preservice removal (Section 7:2.1[B]); the learned intermediary doctrine (Section 7:2.2); the Anti-Kickback Statute (Section 7:4.1); opioid product enforcement (Section 7:4.2); speaker program enforcement (Section 7:4.5); litigation related to COVID-19 (Section 7:5.2) and litigation involving life sciences companies (Section 7:5.3).
Chapter 8, Recent Developments in Asbestos, Talc, Silica, Tobacco, and E-Cigarette/Vaping Litigation in the U.S. and Canada, discussion of consent by registration and the U.S. Supreme Court’s Mallory decision (Section 8:1.2[B]); new coverage of the Ennis class action (Section 8:4.1[C][3]); updates on Engle Progeny cases (Section 8:6.2); FDA “Deeming Regulations” (Section 8:8.1); Canada’s Vaping Products Reporting Regulations (Section 8:9.2); and a recent proposed class action in British Columbia (Section 8:9.3).
Chapter 9, Emerging Issues in Medical Device Litigation, new discussion of state law claims for failure to report adverse events (Section 9:1.2[E]); liability of sales representatives in fraudulent joinder contexts (Section 9:2.4); and 510(k) clearance evidence (Section 9:3.4).
Chapter 11, Emerging Issues in Food Law and Litigation, new discussion of the reasonable consumer standard (Section 11:4.2[B]).
Chapter 12, Regulating Cannabis Products, new discussion of rescheduling efforts under the Biden Administration (Section 12:2.2[B]); updated discussion of dual sovereignty (Section 12:2.6); traditional products liability claims (Section 12:3) and labeling class actions (Section 12:3.1).
Chapter 14, Emerging Trends: Smart Technology and the Internet of Things, covers updates on federal regulation of Internet of Things devices (Section 14:6.2).
Chapter 21, Class Action Settlements, new discussion of mass arbitrations (Section 21:3.3[D][6]).
Chapter 22, Mass Tort Settlement Strategies, includes opioids settlements involving states and their subdivisions (Section 22:6).
Chapter 26, Expert Evidence—Law, Strategies and Best Practices, covers post-Daubert decisions (1993 to 2000) (Section 26:2.4), 2023 amendments to Federal Rule of Evidence 702 (Section 26:3); new discussion of MDL litigation involving ranitidine (Section 26:8.1).
Chapter 28, Statistical Evidence in Products Liability Litigation, new discussion of litigation over the drug atorvastatin (Section 28:5.4); recent cases involving meta-analyses (Section 28:8.5); and multiple testing (Section 28:10).
Chapter 32, Spoliation of Product Evidence, new discussion of Federal Rule of Civil Procedure 37(e) and the spoliation inference sanction regarding electronically stored information (ESI) (Section 32:6.2[D][2]).
Chapter 34, How to Win a Dismissal When the Plaintiff Declares Bankruptcy, contains an updated table of cases seeking summary judgment or dismissal based upon judicial estoppel and/or lack of standing, organized by jurisdiction (Appendix 34A).
Chapter 36, Preparing for the Appeal, updated case citations throughout the chapter.

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PLI PLUS subscribers can access this title through their subscription.

Treatise Update: Friedman on Leases (6th Edition)

Friedman on Leases clarifies and analyzes the full range of lease provisions and conceivable landlord-tenant situations to give you unsurpassed practical instruction on how to negotiate and draft airtight agreements that protect your clients’ rights and minimize their liability exposure.

Packed with numerous case decisions with commentary and valuable sample lease clauses and agreements, practitioners will be able to draft, negotiate, and amend every essential document involved in commercial leasing, modify lease provisions for the full variety of landlord-tenant arrangements, anticipate and resolve problematic transaction developments, avoid drafting errors, deal with difficult issues specific to assignments, subletting, renewals, take-over leases, percentage leases, and other challenging aspects of commercial leasing.

The new release includes the following updates:

Chapter 2 discusses Florida’s recently enacted legislation that restricts non-citizens who are domiciled either in China or other specified “countries of interest” from purchasing or acquiring any interest in real property in the state.
Chapter 3 dives into express parking rights, including the latest case development.
Chapter 4 provides an updated discussion on the possible right of bankruptcy trustee to terminate tenant’s lease rights, including the latest case developments.
Chapter 5 covers tenant’s obligation to pay associated interest, penalties, and costs imposed due to tenant’s non-payment of real estate taxes, and includes a clause making clear tenant’s liability for such obligations.
Chapter 6 provides commentary on implied duties of continuous operation.

The Table of Cases and Index have also been updated.

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

We have recently updated our Treatise, The Circular 230 Deskbook, which helps tax practitioners comply with complex Circular 230 amendments more easily — and avoid costly penalties and sanctions.

This new version includes the following:
• Revised section 1:2, Chevron Deference, examining SIH Partners
LLLP v. Commissioner, in which the court clarified the distinction
between a legislative rule and an interpretive rule for purposes of
the Administrative Procedure Act.
• New section 4:13.8[D][10], Supervisor’s Approval, explaining that
a section 6751 penalty can be assessed only if it is approved by
the immediate supervisor of the individual making such determination
or such higher-level official as the Secretary may designate.
• Updated Appendix L, IRS Form 706; Appendix M, IRS Schedule M-3
(Form 1120); and Appendix N, IRS Form 2848.

The Circular 230 Deskbook is an essential compliance tool for every tax professional who practices before the IRS.

The updated Treatise 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.

New Edition of PLI’s Guide for Accountants, Auditors and Attorneys

acc-lia PLI recently published the second edition of Accountants’ Liability.

Accountants’ Liability has been the reliable and readable resource that accountants have turned to for guidance on how they can meet their professional responsibilities, comply with relevant rules, and avoid the increased number of legal land mines.

This newly updated edition provides attorneys with the legal, strategic, and tactical knowledge they need to prove (or successfully defend against) claims against accountants such as:

Breach of contract
Breach of fiduciary duty
Negligence
Securities claim fraud
Common law fraud
Civil RICO actions, and
Practice and ethical violations.

Accountants’ Liability explores the damage done if accountants fail to follow professional conduct, auditing, accounting or tax standards. The expert authors discuss the sources of current claims, the various legal theories upon which they may be instituted, and some of the practical problems faced by the parties in litigating such claims.

This essential title is available on PLI Discover PLUS, our online research database. If you’d like to order a print copy, please email or call (877-900-5291) us.

New Treatise! Net Leases and Sale-Leasebacks: A Guide to Legal, Tax and Accounting Strategies

Net Leases and Sale-Leasebacks: A Guide to Legal, Tax and Accounting Strategies covers of every aspect of the ownership, financing, documentation, taxation and accounting for net leases and sale-leasebacks. The book focuses on those areas where the treatment of net leases and sale-leasebacks differs from the treatment of other forms of real estate investment.

This new title authored by specialist Ken Miller (Gorman & Miller) provides a detailed discussion of the important concepts underlying transactions in this area, as well as a clause-by-clause explanation of the mandatory and optional provisions of a net lease investment agreement.

Net Leases and Sale-Leasebacks: A Guide to Legal, Tax and Accounting Strategies includes in-depth guidance on sophisticated and complex structuring issues involving real estate, regulatory, bankruptcy, tax and financial accounting concerns.

This essential new title is available on PLI Discover PLUS, our online research database. If you’d like to order a print copy, please email or call (877-900-5291) us.

New Treatise! Cybersecurity: A Practical Guide to the Law of Cyber Risk

The many recent sophisticated cyber threats—from hacktivists and empowered insiders to organized criminals and state-sponsored cyber attacks—means that the task of managing cyber risks, once the near-exclusive realm of IT professionals, is now also borne by attorneys, senior executives, and directors. PLI’s new Cybersecurity: A Practical Guide to the Law of Cyber Risk provides the practical steps that can be taken to help your clients understand and mitigate today’s cyber risk and to build the most resilient response capabilities possible.

Cybersecurity: A Practical Guide to the Law of Cyber Risk provides a comprehensive discussion of the complex quilt of federal and state statutes, Executive Orders, regulations, contractual norms, and ambiguous tort duties that can apply to this crucial new area of the law. For example, it describes in detail:

The leading regulatory role the Federal Trade Commission has played, acting on its authority to regulate “unfair” or “deceptive” trade practices;
The guidance issued by the SEC interpreting existing disclosure rules to require registrants to disclose cybersecurity risks under certain circumstances;
The varying roles of other regulators in sector-specific regulation, such as healthcare, energy, and transportation; and
The impact of preexisting statutes, such as the Computer Fraud and Abuse Act and the Electronic Communications Privacy Act, on current cybersecurity issues.

In addition, the authors of Cybersecurity: A Practical Guide to the Law of Cyber Risk have supplemented these more traditional sources of law with industry practices and the most important sources of soft law:

An explanation of the National Institute of Standards and Technology (NIST) Cybersecurity Framework and information sharing environments from a former Department of Homeland Security official,
The views of the U.S. Secret Service on partnering with federal law enforcement and effective information-sharing,
The guidance of leading consultants about the appropriate steps to prepare for cybersecurity incidents,
The perspective of a leading insurance company on the evolving role of insurance in protecting companies from the financial losses associated with a successful cyber breach, and
The views of one of the most sophisticated incident response organizations on the proper elements of effective incident response.

Throughout the book, Cybersecurity: A Practical Guide to the Law of Cyber Risk includes practice tools developed during the hundreds of breaches that the authors have weathered with their clients. These valuable practice aids include checklists, an overview of the legal consequences of a breach, and a tabletop exercise.

If you’d like to order Cybersecurity: A Practical Guide to the Law of Cyber Risk, please email the PLI Library Help Desk or call 877-900-5291.

New Treatise! Insurance and Investment Management M&A Deskbook

Insurance Treatise Practising Law Institute (PLI) has announced the release of their newest Treatise title, Insurance and Investment Management M&A Deskbook.

An evolving regulatory landscape and changing economic conditions continue to affect business organization and capital requirements in the global insurance industry, leading to new participants, new transactions, and new challenges. PLI’s new Insurance and Investment Management M&A Deskbook provides attorneys with an essential reference to keep up with emerging trends in insurance and investment management M&A.

The Deskbook covers topics such as acquisitions of public insurance companies, blocks of insurance business and private acquisitions; the regulatory environment of the insurance industry and the financial services industry; investment in the insurance industry by private equity and pension funds; and the expansion of insurance industry participants into emerging markets around the globe. The Deskbook also provides specific guidance for understanding Lloyd’s of London and the M&A market for mutual life insurers.

If you’d like to order Insurance and Investment Management M&A Deskbook, please email the PLI Library Help Desk or call 877-900-5291.

New Treatise! Technology Transactions: A Practical Guide to Drafting and Negotiating Commercial Agreements

Technology Treatise Practising Law Institute (PLI) has announced the release of their newest Treatise title, TechnologyTransactions: A Practical Guide to Drafting and Negotiating Commercial Agreements.

In a world that is increasingly focused on technological innovation, Technology Transactions: A Practical Guide to Drafting and Negotiating Commercial Agreements provides the reader with the tools necessary to draft, review and negotiate technology transaction agreements with the confidence that he or she is properly addressing the most important issues.

This comprehensive title walks the reader through the major legal considerations that surround any technology transaction, including knowledge of the:

Intellectual property basics
Regulatory framework of the Internet and domain name system
Digital Millennium Copyright Act

Technology Transactions also provides a complete discussion of the many privacy considerations that must be kept in mind in an agreement to leverage any emerging technology. Considerations under the following statutes are discussed:

HIPAA
The Gramm-Leach-Bliley Act
The Childrens Online Privacy and Protection Act (COPPA) as well as the many protections that are afforded to international data transfers

The first eight chapters of Technology Transactions discuss specific types of commercial agreements often used in technology transactions, including:

Software license agreements
Software development agreements
Reseller agreements
Cloud computing agreements
Domain name transactions
Technology licensing and IP-centric joint ventures
Technology escrow agreements
Non-disclosure agreements

Technology Transactions provides practical examples, including nine form agreements, as well as practice tips on how to avoid common and uncommon legal traps for the unwary.

If you’d like to order Technology Transactions: A Practical Guide to Drafting and Negotiating Commercial Agreements, please email the PLI Library Help Desk or call 877-900-5291.