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Business Crimes
 

Business Crimes Bulletin
Editor-in-Chief, James Niss

This unique, monthly, eight-page newsletter features the news and analysis you need to stay on top of the fast-changing, multi-faceted world of financial and white collar crime.

Coverage includes the latest developments in foreign corrupt practices, mail and wire fraud, RICO, the Organizational Sentencing Guidelines, and much more! You'll also receive comprehensive updates on money laundering law.

Whether your concern is tax or securities fraud, environmental crimes or antitrust violations, forfeiture proceedings or Bank Secrecy Act violations, the Business Crimes Bulletin will give you up-to-date answers -- written by a network of experts who know the issues -- and the answers!

Published Monthly

 

Corporate Criminal Liability and Prevention (Print and Online)
Richard S. Gruner

With corporate criminal prosecutions on the rise, the potential impact of corporate fines and sanctions looms over corporate officers and directors and their legal advisors. Corporate Criminal Liability and Prevention provides essential guidance on all aspects of this critical area—the sources of corporate criminal liability, the immediate and collateral consequences of conviction, and the available defenses to, and limitations on, liability.

 

Defending Federal Criminal Cases: Attacking the Government's Proof (Print and Online)
written and edited by Diana D. Parker

Put the prosecution on the defensive! Defending Federal Criminal Cases: Attacking the Government's Proof equips defense attorneys with the legal arguments and tactics they can and should use to challenge the government's evidence at every stage of a criminal case.

Beginning with the assessment of whether to cooperate with the government, this authoritative guide provides advice on the substance and timing of defense motions, objections and appeals, as well as open questions and splits among the circuits. Coverage includes: bases for motions to dismiss indictments; obtaining and drafting a Bill of Particulars; Fourth and Fifth Amendment grounds for suppressing evidence; Sixth Amendment rights, including the defendant's right to a speedy trial, confrontation of witnesses, and adequate representation; discovery issues, including the prosecution's obligations under Brady; proven methods for cross-examining government witnesses; capitalizing on perjury by government witnesses; objections based on substantive and procedural due process; and more.

 

White Collar Crime: Business and Regulatory Offenses (Print and Online)
edited by Otto G. Obermaier and Robert G. Morvillo

White collar crime continues to make headlines. But many cases that may not make the headlines are just as important to you and your clients.

In White Collar Crime: Business and Regulatory Offenses, Otto G. Obermaier and Robert G. Morvillo have gathered a prestigious group of authors to counsel you on: criminal tax cases; securities fraud; RICO; mail and wire fraud; banking crimes; criminal antitrust actions; bribery and extortion; conspiracy; entrapment and government overreaching; government contract fraud; grand jury practice; perjury and false declarations; and general principles governing the criminal liability of corporations, their employees and officers.

 
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Commercial Law

Law of Advertising, Marketing and Promotions, The (Print and Online)
by David H. Bernstein and Bruce P. Keller

Advertising has become ubiquitous in daily life, especially since the explosion of new media. The Law of Advertising, Marketing and Promotions explains the complex and evolving legislative, regulatory, court-based, and self-regulatory rules governing advertising content and practices.

When is an omission a false claim under the Lanham Act? When can you use a competitor's name in online keyword advertising? This timely and indispensable treatise covers everything from the procedures for challenging false advertising to the questions raised by the latest online techniques. It provides legal analysis as well as practical tools, such as checklists for claim substantiation, disclosure and disclaimers, and sweepstakes.

 
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Corporate

Advanced Private Equity Term Sheets and Series A Documents (Print and Online)
written and edited by Joseph W. Bartlett, Ross Barrett, Mike Butler, and the VC Experts, Inc. Editorial Board

Succeeding in the venture capital industry requires knowledge of the terrain and a keen understanding of the terms essential to a well-structured transaction. This encyclopedic guide is packed with state-of-the-art analysis, forms and commentary, all designed to help you master the most crucial stages of the venture financing process.

The Advanced Private Equity Term Sheets and Series A Documents examines all of the deal terms you may encounter—anti-dilution protection, warrant coverage, liquidation preferences, and others. It provides clause-by-clause discussion of the Stock Purchase Agreement, along with timesaving tools, such as model documents, opinion letters and a due diligence checklist contributed by a Big 4 accounting firm. You'll also get the most current data from an industry-wide survey of West Coast and East Coast deal terms and trends, so you'll know whether a given provision is “market” or “industry standard”—a must before your next negotiation. Whether you are dealing with clawback provisions or “next round financing”, cramdowns or the “overhang problem”, this definitive book brings you the in-depth, nuanced answers you need to achieve your objectives.

 

Acquisitions Under the Hart-Scott-Rodino Antitrust Improvements Act, Revised Edition
Stephen M. Axinn / Blaine V. Fogg / Bruce J. Prager / Neal R. Stoll

Acquisitions Under the Hart-Scott-Rodino Antitrust Improvements Act, Revised Edition will help you guard against hefty civil fines, save time in compliance, and protect your clients. This comprehensive guidebook leads you step by step through the pre-merger notification provisions and the myriad regulations which surround the Act. It examines: jurisdictional requirements of the Act; exemptions from the Act's coverage; notification and waiting period procedures; preparation of the notification and report form; realistic compliance methods; changes in requirements enacted by Congress and promulgated by the FTC; and amended Formal Interpretation regarding Limited Liability Companies. A separate Supplement includes the current statute, new and revised Rules, a summary of the Second Request process, and an update of enforcement activities.

 

Alternative Dispute Resolution in the Work Place (Print and Online)
Henry S. Kramer

Alternative Dispute Resolution in the Work Place is essential for anyone responsible for the management of legal risk in the work place. Whether you need information on the latest cases and alternative dispute resolution (ADR) programs or guidance on how ADR can affect your company's or clients' interests, you will want to have this book close at hand. It explains the pros and cons of relying on ADR, the complex legal and practical issues involved in creating an ADR program, the forms of ADR currently in use, the latest developments in the law, and the practical tips, tricks and traps employment professionals need to know about. Coverage includes: the intricacies of mediation, arbitration and other techniques; industry-specific ADR; how to decide whether ADR is the right approach for your organization or client; what employers can and can't do in an ADR program; and when a court may overturn the results of an ADR proceeding.

 

Anatomy of a Merger: Strategies and Techniques for Negotiating Corporate Acquisitions (Print and Online)
James C. Freund

Anatomy of a Merger: Strategies and Techniques for Negotiating Corporate Acquisitions is a unique guide to handling a corporate acquisition negotiation successfully. Some of its advice is geared towards effectuating workable compromises that satisfy the interests of all parties; some is aimed at getting a leg up on your adversaries. One of the book's principal points is how these twin, seemingly antithetical goals can and should be attained.

 

Attorney Liability After Sarbanes-Oxley
Marc I. Steinberg

Attorney Liability After Sarbanes-Oxley is a new and much-needed reference for in-house and outside counsel seeking to provide effective representation without violating legal or ethical obligations. What should an attorney do when fraud is afoot? When should an attorney stop representing a corporate client—and what are the rules regarding a “noisy withdrawal”?

This important new book explains the perils for lawyers in the wake of the Sarbanes-Oxley Act of 2002 and provides expert advice on the steps that can be taken to minimize them. Coverage includes: practical measures to prevent liability; “up-the-ladder” reporting; client identification; primary and secondary liability; conflicts of interest; and whistleblower complaints.

It also provides guidance on in-house counsel’s role within the boardroom, when to write letters to clients and memos to the file, and other steps that can avert disaster. For lawyers committed to working vigorously for a client while avoiding potential liability, Attorney Liability After Sarbanes-Oxley is an essential addition to your library.

 

Business Separation Transactions: Spin-Offs, Subsidiary IPOs and Tracking Stock (Print and Online)
Stephen I. Glover

Why have some of the nation's most prominent corporations engaged in spin-offs and split-offs? What should you know about structuring these transactions for companies of any size? How do they compare to traditional M&A transactions? Finally, there is a book that examines the hows and whys of this vital corporate strategy. Business Separation Transactions: Spin-Offs, Subsidiary IPOs and Tracking Stock explains the objectives underlying these transactions, the techniques used, and the consequences for all parties.

 

Commercial Contracting: Sales Under the UCC (Print and Online)
Jeffrey D. Wittenberg

For practitioners involved in litigating contractual disputes or drafting sales agreements, an understanding of Article 2 of the Uniform Commercial Code is essential. This complete, one-volume treatise provides a pathway to mastering the major components of contract-related sales law contained in the UCC.

Commercial Contracting: Sales Under the UCC examines the framework of UCC Article 2 from offer and acceptance to damages and remedies, supplying practical analysis and extensive case law citations throughout. Coverage includes such topics as the treatment of missing or uncertain contract terms; non-conforming acceptances, and modifications; how the UCC codifies the Statute of Frauds and the Parol Evidence Rule; express and implied warranties and disclaimers permissible responses by the buyer to a breach; anticipatory repudiation; the UCC's risk allocation rules; and much more.

 

Corporate Governance: Avoiding and Responding to Misconduct (Print and Online)
Kevin T.  Abikoff

For anyone who has been dealing with both the intended and unintended consequences of Sarbanes-Oxley and other new laws and regulations, Corporate Governance: Avoiding and Responding to Misconduct is an essential guide.

This timely book describes step by step the measures needed to prevent criminal actions within a corporation and minimize the impact of misconduct that may have already occurred. It discusses the process of establishing a corporate compliance program, how to recognize corporate misconduct, the duties corporate officers and directors are obligated to perform following misconduct, and the impact SEC and DOJ pronouncements may have on how the board of directors responds to allegations of misconduct.

 

Corporate Internal Investigations
Dan K. Webb / Robert W. Tarun / Steven F. Molo

This definitive treatment covers attorney-client privilege, work product privilege, joint defense privilege, trade secrets, confidential submissions to federal and state authorities, financial privacy, and personnel files. It presents answers to complex issues such as: the unique position of corporations in claiming privilege; application of the work product privilege to internal communications; the causes and scope of a waiver of the work product privilege: drawing the line between inside counsel's business and legal functions for purposes of attorney-client privilege; determining when information supplied to a government agency is to remain confidential; the dangers of intra-corporate discussions of confidential matters; inadvertent disclosures; keeping results of a corporate internal investigation immune from discovery; and more.

 

Corporate Privileges and Confidential Information (Print and Online)
Jerome G. Snider, Howard A. Ellins and Michael S. Flynn

Corporate Privileges and Confidential Information is designed to assist inside and outside counsel in negotiating obstacles to maintaining corporate secrecy. All rights to privacy and confidentiality that a corporation may assert are gathered in this useful volume, which also includes advice on how to protect information otherwise required to be disclosed to a government agency.

This definitive treatment covers: attorney-client, work product and joint defense privileges; trade secrets; confidential submissions to federal and state authorities; financial privacy; and access to personnel files. It presents guidance on complex issues such as: the unique position of corporations in claiming privilege; application of the work product privilege to internal communications; the causes and scope of a waiver of the work product privilege; differentiating between inside counsel's business and legal functions to determine attorney-client privilege; insuring confidentiality of information supplied to a government agency; the dangers of intra-corporate discussions of confidential matters; inadvertent disclosures; and keeping results of a corporate internal investigation immune from discovery.

 

Directors and Officers Liability: Prevention, Insurance & Indemnification (Print and Online)
John H. Mathias, Jr. / David M. Kroeger / Matthew M. Neumeier / Jerry J. Burgdoerfer

With liability often looming just over the horizon, corporate directors and officers rely on liability insurance and indemnification for peace of mind. Finally, there is a book that spells out in detail how these protections really work—and how they differ.

Directors and Officers Liability: Prevention, Insurance and Indemnification examines such topics as: the risks officers and directors face; derivative and class actions; when insurance is available; and when a corporation is required—or allowed—to provide indemnification. The authors have included comprehensive coverage of indemnification agreements and liability insurance policies, with point-by-point analysis of provisions, procedures, exceptions and gray areas.

 

Due Diligence in Business Transactions (Print and Online)
Gary M. Lawrence

This valuable deskbook presents a complete overview of the due diligence process and gives attorneys, legal assistants and allied professionals the tools they need to conduct more thorough and efficient due diligence investigations.

Due Diligence in Business Transactions provides detailed guidance on: who makes up the due diligence team and what roles these various experts play; how to limit your risk of liability for inadequate or incomplete due diligence; what the courts say about “adequate due diligence” under the federal securities laws; creating a “data trail” to document the investigation; techniques that can help you uncover more and better information; the special requirements of international and intellectual property due diligence; and how the due diligence investigation process varies for different types of companies. Chapters analyze due diligence on environmental issues, real property and personal property, debt instruments, employee benefits, insurance and liability coverage, international issues, and intellectual property, as well as due diligence considerations in light of heightened national security. The book features over 100 forms and checklists that can also be found on the accompanying CD-ROM.

 

Executives Stock Options and Stock Appreciation Rights (Print and Online)
Herbert Kraus

Don't even consider preparing a stock option plan for your company or clients without this unique one-volume reference book. Executive Stock Options and Stock Appreciation Rights will guide you through such vital topics as: types of stock options available, including nonqualified and incentive stock options; stock appreciation rights; SEC disclosure and registration requirements; liabilities under Section 16(b) and Rule 16b-3; stock option repricing; Section 423 stock purchase plans; federal tax law including Section 409A; state corporation and blue sky laws; accounting practice under revised Statement of Financial Accounting Standards No. 123; timing of stock option grants; requirements of the stock exchanges; IRS rulings affecting gifts of compensatory stock options; self-repricing “look-back” options; federal tax implications of dividing employee stock options in marital property settlements; and granting of stock options to dual or “leased” employees.

 

Federal Corporate Sentencing: Compliance and Mitigation (Print and Online)
edited by Jed S. Rakoff and Jonathan S. Sack

The first book to examine the Organizational Sentencing Guidelines in detail, Federal Corporate Sentencing: Compliance and Mitigation shows how to develop and improve an internal compliance program—a critical preventive tool and the most important mitigating factor in sentencing. Because the Guidelines give legal recognition to compliance programs, a properly designed program can make the difference between a fine of several thousand dollars and one in the tens of millions.

 

Going Private (Print and Online)
Arthur M. Borden and Joel Yunis

Whether your transaction is completed by LBO, merger, sale or reverse stock split, Going Private provides the practical and thorough analysis you need to help it survive scrutiny under governing legal standards.

Going Private offers pointers on structuring the transaction, preparing the proxy statement and Schedule 13E-3, and defining the roles of the board of directors and committees, independent directors, attorneys, and financial advisors. In addition, it analyzes the entire fairness rule and shifting the burden of proof, state anti-takeover legislation, leveraged buyouts, fairness opinions, squeeze-outs, restructurings, going dark, and the applicability of the business judgment rule to hostile bids for control. The book also provides charts of the principal terms of recent merger and acquisition transactions, and discusses the impact of recent court decisions relating to material adverse change clauses and acquisitions.

 

Hotel Law (Print and Online)
by Ellen S. Smith and Victor P. Haley

Hotels are different from other types commercial real estate. They depend not on long-term leases but on highly transient tenants, and they are active businesses dependent on travel and tourism. Representing and advising hotels requires mastery of unique issues and legal concerns.

Hotel Law provides comprehensive guidance for practitioners representing buyers, sellers, borrowers, lenders, franchisees, franchisors, and others in the hotel industry. What protections should a savvy hotel lender seek? What are the key considerations when negotiating a hotel management agreement? What requirements must be met for a hotel to qualify as a franchise under the FTC rule? This practical and insightful book answers these questions and many more. It covers hotel acquisitions and dispositions, hotel financing, management agreements, franchise agreements, troubled hotel projects, and hotel liability.

 

Hiring and Firing (Print and Online)
Frances Kulka Browne / Lauren Reiter Brody

The hiring and firing of employees is an area fraught with legal peril. This timely, comprehensive guide helps you minimize risk at every stage, from advertising a job opening and screening applicants through termination and exit procedures.

When does asking about an applicant's background violate civil rights law? When can failure to ask certain questions lead to liability for “negligent hiring”? What are the notice requirements when laying off employees? Hiring and Firing addresses these questions and many more. Topics include: laws regulating advertising and recruiting; employment applications; the pre-employment interview; background checks; pre-employment aptitude and intelligence tests; job offers and rejections; employment agreement clauses; termination for cause; layoffs; voluntary separations; exit interviews; and post-termination benefits.

 

Negotiated Acquisitions of Companies, Subsidiaries and Divisions
Lou R. Kling and Eileen Nugent

Negotiated Acquisitions of Companies, Subsidiaries and Divisions is divided into several parts: planning transactions and advising boards; general and special provisions of the acquisitions agreement; and special topics, such as LBOs and troubled companies. You'll find everything from basic corporate, tax and accounting considerations to detailed analysis of representations, warranties, covenants and closing conditions. Novices as well as experienced practitioners will benefit from mergers of equals; cash election mergers; fairness opinions; special committees of disinterested directors; and much more.

 

Negotiating & Drafting Contract Boilerplate
Tina L. Stark

Negotiating and Drafting Contract Boilerplate educates lawyers and business professionals about the underlying rationale and importance of boilerplate language. Each chapter tackles a different contractual provision, over 20 in all, and analyzes why it is important, what the key legal and business issues are, what is negotiable and what is not, and how best to draft the provision to suit a particular transaction. This remarkable book will give you a competitive edge and a new understanding and appreciation of language you've seen countless times.

 

Privatizing Governmental Functions
Edited by Deborah S Ballati

Privatizing Governmental Functions is the first work to provide both a broad conceptual framework and detailed, practical guidance for handling any legal issue in the fast-growing field of privatization. This essential book from a team of leading experts is the single source to turn to for the legal and practical techniques involved, both generally and in specific industries.

You'll find detailed discussion and analysis of the procurement process and its political setting; strategies for contractors; and financing issues. Individual chapters are devoted to such areas as public housing, correctional facilities, waste disposal, telecommunications, public housing, military support, public land and amenities, healthcare, schools, and surface transportation. Whether you are an attorney, contractor, government official, consultant, or scholar, this unique, comprehensive treatment will help you structure pragmatic solutions for virtually any situation.

 

Reinsurance Law: An Analytic Approach (Print and Online)
Steven C. Schwartz

For lawyers and insurance professionals, understanding the special vocabulary and methods of reinsurance law is essential. Reinsurance Law: An Analytic Approach covers all aspects of the field, large and small, from the varieties and uses of reinsurance to complex matters of law, markets and regulation.

Topics covered include: types of reinsurance contracts (facultative, treaty, proportional, nonproportional, and others); property and casualty reinsurance; life and health reinsurance; the convergence of reinsurance and finance; U.S. and overseas reinsurance markets; the role and liability of reinsurance brokers; common provisions in reinsurance contracts; reporting requirements; claims of privilege; grounds for disputing coverage; allocation of claims, including the follow-the-fortunes doctrine; rescission; managing general agents, managing general underwriters and pools; litigation; and insolvency of the insurer or reinsurer.

 

Start-Up & Emerging Companies: Planning, Financing and Operating the Successful Business, With Forms on Disk (Print and Online)
by Gregory C. Smith with Contributing Experts

Here's all the practical information you need to organize, finance and run a new enterprise. Start-Up & Emerging Companies: Planning, Financing & Operating the Successful Business brings you the legal and business savvy of leading experts from law, investment banking and venture capital firms. You'll find extensive coverage of: the venture financing process and negotiating strategies; corporate, securities and tax laws; corporate governance; registration and investor rights; the interplay between business and legal considerations; limited liability companies; joint ventures and strategic alliances; employee benefit plans; stock options; contracts; accounting procedures; intellectual property strategies; merger agreements and ancillary documents; exit strategies; and developments in Internet law and e-commerce.

 

State Business Taxes (Print and Online)
Edited and co-authored Walter Nagel with Contributing Authors

When does a business have a sufficient nexus with a state for sales tax purposes? Why are certain sales and use tax returns singled out for audit? Written by leading private sector and government attorneys, State Business Taxes answers these questions and many others. It will help corporate, tax and trial counsel and accountants deal with all aspects of state tax matters, from constitutional issues to the taxation of digital goods.

State Business Taxes discusses the six types of state taxes affecting businesses: income, franchise, sales, use, property, and unclaimed property. It also addresses topics relevant to all types of taxation: audits, appeals and legal challenges. Whether you are computing your client's state taxable income or litigating a commerce clause issue, this thorough and practical guide helps you master the rules and the exceptions.

 

Structured Settlements and Periodic Payment Judgments (Print and Online)
Daniel W. Hindert / Joseph J. Dehner / Patrick J. Hindert

Structured Settlements and Periodic Payment Judgments is a complete reference work for attorneys, settlement planners, and insurance and annuity companies. It contains complete and current coverage of all issues confronting those who resolve personal injury cases through structured settlements or who litigate cases under periodic payment of judgment rules. Topics include: negotiation strategies; annuity testimony to prove future losses; the responsibilities of plaintiff and defense counsel; IRC Section 468B Settlement Funds; annuity rates; evaluating the financial strength of insurance companies; state insurance guarantee associations; financing alternatives; the interrelationship of periodic payments and entitlement to Social Security, Medicare and other public benefits; evaluating and augmenting damages; expert testimony; mass tort litigation; effects of tax legislation; structured settlement work processes; factoring; structuring worker's compensation cases; and more.

 

Takeovers & Freezeouts
Martin Lipton and Erica H. Steinberger

Takeovers & Freezeouts addresses important developments concerning standards of conduct for board members, reducing vulnerability to hostile takeovers, specific responses to overtures and takeover bids, proxy fights and institutional activism, pre-merger notification under Hart-Scott Rodino, state regulation of tender offers, tax, accounting and ERISA considerations, antitrust considerations, and takeovers and mergers in the banking industry.

 

Venture Capital: Forms and Analysis
Daniel I. DeWolf / Eric M. Roth

A single venture capital transaction can involve legal issues relating to corporate, securities, intellectual property, information technology, and employment laws. It also demands that practitioners balance the competing interests of founders, venture capitalists, directors, management, and others.

Venture Capital: Forms and Analysis provides a step-by-step framework for structuring, drafting and closing a venture capital deal, with a complete annotated set of the documents needed. It also features in-depth analysis from the perspective of both the company and the investor, as well as the latest guidance on best practices in venture transactions.

 
 
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Environmental Law
 

Environmental Enforcement: Civil and Criminal (Print and Online)
Daniel Riesel

This book, by one of the nation's first environmental prosecutors, is a detailed guide to environmental enforcement for members of the regulated community and their counsel. Environmental Enforcement: Civil and Criminal explains the potential consequences of enforcement actions and discusses procedures to follow to minimize exposure.

Topics include: how to conduct an environmental self-audit; civil investigatory procedures in environmental law; civil enforcement under the Clean Water Act, the Resource Conservation and Recovery Act (RCRA), the Clean Air Act, the Emergency Planning and Community Right-to-Know Act (EPCRA), and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). You'll also find analysis of “government guidance documents”; contribution suits between “potentially responsible parties”; penalties and penalty policies; preliminary injunctions; citizen suits, defenses and awarding of attorneys' fees; the criminal process; the Department of Justice's guidelines for pursuing criminal charges against corporations; criminal representation and defense; and audits to ensure compliance.

Environmental Law Lexicon
Nicholas A. Robinson

Environmental Law Lexicon, a unique quick-reference guide — prepared specifically for lawyers — helps you understand the most frequently encountered scientific terminology concerning the environment, ecology and many other scientific disciplines, and the specific legal meanings that these terms have acquired through their use in laws, regulations and judicial decisions.

The Environmental Law Lexicon will alert you to those expressions that have become terms of art and enable you to deal with risk assessments; pre-manufacture notices for chemicals; remediation investigations and feasibility studies for hazardous waste sites; aquifer mappings; species habitat delineations; wetlands mitigation conditions; state and local environmental impact assessment; open space and landscape conservation; and a host of measures required by federal and state laws and regulations.

Environmental Regulation of Real Property (Print and Online)
by Nicholas A. Robinson, and updated by Kevin Anthony Reilly

Environmental Regulation of Real Property enables you to anticipate and solve a wide range of environmental law problems. It not only offers in-depth analysis of federal environmental statutes having a bearing on land use, but also looks closely at rules imposed by state and local governments. The book covers the entire field of environmental law—from protecting air and water quality to preserving wildlife habitats and landmarks—including constitutional law, real estate law, litigation and corporate transactions.

You'll find detailed coverage of such topics as: when environmental regulation amounts to a constitutional taking; the use of environmental impact statements; hazardous waste control; state and local control of real estate development; protection of water courses, aquifers and drinking water; preservation of agricultural land and historic sites; the relationship between real property taxes and environmental land use controls; and conducting due diligence reviews and environmental audits.

 
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Insurance
 

Extra-Contractual Litigation Against Insurers (Print and Online)
Edited by Michael R. Nelson / Robert T. Horst / Mark H. Rosenberg

Claims against insurers have multiplied over the past few decades, as have the strategies of plaintiffs. Extra-Contractual Litigation Against Insurers is a comprehensive guide to new theories used in insurance litigation. It examines both the legal underpinnings of novel causes of action and the practical aspects of bringing claims and defending against them.

Topics covered include: the insurer's third-party bad faith in refusing to settle; first-party bad faith in refusing to pay benefits; bad faith claims involving specific lines of insurance; common law claims; unfair claims settlement practices; alternative theories of liability, such as unjust enrichment; and more.

 

Insurance Coverage Disputes (Print and Online)
John H. Mathias, Jr. / John D. Shugrue / Thomas A. Marrinson

Insurance Coverage Disputes is a comprehensive, chronologically organized and clearly written guide to the issues that can arise at every stage of a coverage dispute, from the initial inquiry into whether a policy exists to complex questions of law, evidence, procedure and strategy.

The authors explain in detail all aspects of litigating insurance coverage disputes, including: the varieties of policies and coverage; obligations of policyholders and insurers; and the nuts and bolts of proving or disproving coverage, from pretrial motions through settlement. Topics include: case management; venue; parties; justiciability; discovery disputes and privileged documents; insurance policy interpretation and construction; bad faith and extra-contractual claims; and the trial itself.

 

Insuring Real Property Businesses (Print and Online)
Robert E. Frankel / John N. Ellison

For real property businesses, maintaining first and third party insurance in proper order can be a matter of economic life or death. Insuring Real Property Businesses is the first book to focus exclusively on the insurance issues facing the real estate industry, from the most basic to the most advanced.

This in-depth look at policy terms, legal issues and risks includes coverage of: “terms of art” commonly used in the field; insurance contract interpretation and construction; first party property and business interruption insurance: third party comprehensive general liability insurance(CGL); CGL coverage exclusions, including the “pollution exclusion'; directors and officers liability insurance: professional liability insurance; surety bonds; accessing other persons' insurance policies; and loss control services.

 

Professional Liability Insurance (Print and Online)
Thomas A. Marrinson

Professional Liability Insurance provides complete, in-depth coverage, from the basics of professional liability insurance policies to complex issues that arise once a claim is made. How far must an insurer go to meet its duty to defend? What types of misconduct by professionals may be outside the scope of coverage?

No matter which side you represent, this book will cut hours off your research and help you find the best solutions for your clients. This unique guide examines the variations on policy clauses in professional liability policies and how the courts interpret them. Topics include: types of professional liability insurance; defenses to coverage; claims submission and handling; insurer's duty to defend; considerations for particular professions; litigation strategy; and recurring issues, such as sexual misconduct and improper billing practices.

 
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Intellectual Property
 

A Criminal Waste of Time
William W. Bedsworth

What do the intellectual property rights of a talking chihuahua, the legal (and practical) risks of smuggling monkeys in one's underwear and the plagiarism of a musical selection consisting of 4 and a half minutes of silence all have in common?

They're just a few of the recent cases given a second look in this new book from award-winning columnist Justice William Bedsworth. With over 17 years on the bench, this California Appellate Court Judge (4th District) has seen it all, and this collection of more than 30 of his favorite columns is sure to convince you that truth really can be stranger than fiction.

 

Copyright and the Public Domain (Print and Online)
Stephen Fishman

The public domain—the body of creative works not entitled to copyright protection—is the world's greatest intellectual resource. Unfortunately, it can be extraordinarily hard to determine whether a work (or part of a work) is in the public domain.

The first book of its kind, Copyright and the Public Domain brings much—needed clarity to the question of what is protected by copyright and what is not. In plain language, it explains how and why works of authorship enter the public domain. It provides detailed coverage of: copyright requirements; the duration of copyright; copyright forfeiture and abandonment; the “publication” requirement; non-protectible elements within a copyrighted work; restoration of copyrights to foreign works under GATT; conducting copyright renewal searches; non-copyright restrictions that may protect works in the public domain; and many other important issues.

 

Information Security Law: Control of Digital Assets (Print and Online)
by Mark G. Milone

For most organizations, an effective information security policy is vitally important. In some instances, it is a legal requirement.

Information Security Law: Control of Digital Assets provides encyclopedic coverage of both the technologies used to protect a network and the laws and policies that bolster them. It is filled with practical advice on all aspects of implementing effective internal controls, protecting user privacy, preventing computer crimes, leveraging intellectual property, and avoiding regulatory scrutiny.

Written for lawyers, compliance officers, network administrators, and anyone who oversees the preservation and use of networked data, this important new book examines such topics as: ensuring the accuracy of data used to generate financial reports; protecting consumers' personally identifiable information; the Gramm-Leach-Bliley Act's privacy and safeguards rules; HIPAA restrictions on the use of medical information; state and federal remedies for attacks on computer systems; avoiding liability when monitoring computer systems; and more.

Whether your responsibilities include securing networks or creating an adequate plan for responding to security incidents, Information Security Law: Control of Digital Assets will make a difficult job much easier.

 

Intellectual Property Law: Commercial, Creative and Industrial Property (Print and Online)
Jay Dratler, Jr. and Stephen McJohn

This four-volume treatise covers all major fields of intellectual property: patents, process patents, trade secrets, copyright, technological protection of copyrighted works under the Digital Millennium Copyright Act, online copyright and trademark liability, semiconductor chip protection, import exclusion, database protection, software protection, Web publishing, trademarks, trade dress, Internet domain names, parallel imports and “gray goods,” and unfair competition. Intellectual Property Law: Commercial, Creative, and Industrial Property also discusses the TRIPs Agreement, the Madrid Protocol and other international conventions, and compares the basic principles of U.S. law with those of Asian and European law.

 

Intellectual Property Law: Damages and Remedies (Print and Online)
Terence P. Ross

In today's information-based economy, intellectual property law has received more attention than ever before. Yet little has been said about the damages and remedies that are available—until now. Intellectual Property Law: Damages and Remedies addresses two crucial concerns of intellectual property owners—how to recover monetary compensation when an infringement has occurred and how to prevent further infringement. This unique work explains how compensation and remedies are determined in every scenario, including infringement on the Internet. You'll read about: ex parte seizures and stopping infringing goods at the border; provisional rights and remedies for patent owners; injunctive relief; monetary damages; punitive and statutory enhanced damages; attorneys' fees and costs; and more. This is the first book to turn to for coverage of all the issues that arise once liability for infringement has been established.

 

Intellectual Property and Computer Crimes (Print and Online)
Peter J. Toren

This timely treatise explains the laws that criminalize violations of intellectual property rights and unauthorized computer access—and how they may affect your practice. It also includes discussions of general principles of intellectual property law as well as in-depth analysis of the increasing use of the Computer Fraud and Abuse Act (“CFAA”) and the Electronic Communications Privacy Act (“ECPA”) in civil litigation. Intellectual Property and Computer Crimes examines criminal infringement, the expanded scope of computer hacking laws, and the important legal issues that arise when these crimes are prosecuted.

 

Intellectual Property Law Dictionary (Print and Online)
Rachel Gader-Shafran

This complete, one-stop lexicon of IP terminology helps you understand and apply the language of intellectual property in any situation.

Designed for lawyers, law students, professors and anyone who works closely with intellectual property issues, the Intellectual Property Law Dictionary contains six sections explaining the meaning and legal background of terms used in copyright, trademark, patent, trade dress, nanotechnology and trade secrets, both in the U.S. and internationally. More than just a dictionary, it provides detailed citations to source materials with every definition. You'll also find an “Overview of Intellectual Property”, explaining the essentials of each type of intellectual property and appendices offering concise histories of the law of copyright, patents, trademark, trade dress, nanotechnology and trade secrets.

 

Intellectual Property Licensing: Forms and Analysis (Print and Online)
Richard Raysman / Edward A. Pisacreta / Kenneth A. Adler

Intellectual Property Licensing: Forms and Analysis is a comprehensive collection of forms, checklists and agreements designed to help attorneys deal with virtually any intellectual property licensing issue. It provides both the documents you need and the guidance to put them to use. The nearly 100 helpfully annotated forms and agreements in the book and on the CD-ROM include: copyright, trademark and patent agreements; work-for-hire agreements; nondisclosure and noncompete agreements; exit-interview guidelines; privacy/publicity releases and celebrity endorsement agreements; merchandising agreements; software development, distribution and licensing agreements; music licensing agreements; dramatic performance licensing agreements; and sample corporate copyright and trade secret policies.

 

Lawyers Guide to Formulas in Deal Documents and SEC Filings (Print and Online)
Carla J. Garrett / Hayden J. Trubitt and Contributing Authors, Edited by Matthew B. Swartz

Written for lawyers at all levels of mathematical skill, this book covers the use of numbers, formulas and ratios in securities offerings, mergers and acquisitions, debt financing, venture capital, private equity, and intellectual property. The Lawyers Guide to Formulas in Deal Documents and SEC Filings provides valuable drafting advice and shows you common mistakes that can dramatically affect how much your client receives or has to pay.

The authors look closely at both the typical uses of formulas in deal documents and SEC filings and their application in less common contexts. Coverage includes: anti-dilution provisions (with an “Anti-Dilution Glossary” that simplifies even complex dilution calculations); working capital; liquidation preferences; debt financing formulas, ratios and metrics to monitor risk; earnouts; carried interest, with sample allocation, distribution and clawback provisions; and IP royalties.

 

Licensing of Intellectual Property (Print and Online)
Jay Dratler, Jr. and updated by Stephen McJohn

Licensing of Intellectual Property is the definitive treatise in the field. It provides in-depth coverage of not only standard contract provisions, but also the intellectual property, antitrust, misuse, and common-law and unauthorized copying issues involved in licensing transactions that are not always directly reflected in contract language. These include: implied licenses; the difficult relationship between antitrust and intellectual property; antitrust and misuse limitations on licensing terms; the influence of trade secret protection and patent expiration and invalidation on licensing and royalty terms; licensees' standing to sue for infringement of licensed intellectual property; the use of declaratory judgments to challenge the validity, enforceability or infringement of licensed intellectual property; and the effect of the Supreme Court's eBay decision on licensing-related remedies. Appendices provide sample patent licensing and Web publishing agreements.

 

Patent Infringement: Compensation and Damages
By Bryan W. Butler

When a patent has been infringed, there's usually a price to pay, whether it's the result of a trial verdict or a negotiated settlement.  Even when compensation for patent infringement is a certainty, determining the right amount is a complex matter involving the interplay of many legal and financial variables.

Patent Infringement: Compensation and Damages is a complete, concise and detailed guide.  Beginning with the assumption that a patent has been infringed, it explains the seven steps of determining patent infringement damages.  In each, it shows you the method used, the possible variations, the unique patent law doctrines that may apply, and the strategies to consider.  It also examines how awards of damages are treated under accounting rules, helping you seek terms that will be most advantageous to your client from an accounting standpoint.

From estimating lost profits to introducing the testimony of expert witnesses, Patent Infringement: Compensation and Damages equips you with legal and practical insights that will keep you one step ahead of opposing counsel.  Don't try or settle another case without it.

 

Telemedicine and E-Health Law (Print and Online)
by Lynn D. Fleisher, Ph.D., J.D. and James C. Dechene, Ph.D., J.D.

The use of the Internet and high-tech communications in health care has led to new approaches to medical treatment-and to challenging legal questions. Telemedicine and E-Health Law has the answers that health care providers, hospitals, pharmaceutical companies, insurers and their legal counsel need as medicine enters a new era. Its comprehensive scope includes everything from the licensing issues raised by physicians providing medical services electronically across state lines to the HIPAA privacy issues raised by the sharing of electronic patient consultations and health records across computer networks.

What should you know about regulation by the FDA, FTC, Medicare and state attorneys general when advertising or selling pharmaceuticals on the Web? When do Medicare and Medicaid requirements (including reimbursement and fraud and abuse provisions) apply to e-health transactions? What unique malpractice and other liabilities are associated with telemedical practice?

 
 
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Internet & Technology
 

Computer Law: Drafting and Negotiating Forms and Agreements, With Forms on Disk
by Richard Raysman and Peter Brown

Computer Law includes an overview of computer technology, featuring a unique computer law glossary, and keeps you up to date on the latest legislative developments and significant Supreme Court decisions. This two-volume desk set comes complete with a CD-ROM containing all the forms discussed in the text. You'll be able to draft high-quality legal documents with less work and in less time than ever before.

 

Cyberlaw: Intellectual Property in the Digital Millennium (Print and Online)
by Jay Dratler, Jr., and updated by Stephen McJohn

For nearly three hundred years, copyright laws have targeted those who illegally copy protected works. Today the legal framework also takes aim at those who defeat protective technologies. Cyberlaw: Intellectual Property in the Digital Millennium is the definitive guide to the revolution in copyright law brought about by the need to protect against piracy and unauthorized copying on the Internet.

This newly updated law book explains the anti-circumvention and anti-trafficking rules of the Digital Millennium Copyright Act (DMCA), the Act's provisions for protecting copyright management information (CMI), and its attempts to reduce Internet service providers' exposure to primary and secondary liability for copyright infringement. It parses the anti-trafficking rules and discusses in detail how several courts have failed to apply the rules correctly to complex technologies. It also explains how these rules derived from the emerging “federal common law” of copyright and how the still-developing federal common law may make resort to these rules unnecessary.

 

Doing Business On The Internet: Forms and Analysis (Print and Online)
Julian S. Millstein, Jeffrey D. Neuburger & Jeffrey P. Weingart

Electronic commerce has grown from a high-tech niche to a billion dollar industry and continues to grow. Doing Business on the Internet: Forms and Analysis is the most complete, up-to-date legal guide to business transactions in this environment.

With over 65 forms and checklists from actual Internet deals and transactions, Doing Business on the Internet: Forms and Analysis is a hands-on guide to the law of Internet commerce. Whether you are a novice or a webmaster, it provides you with both practical guidance you can immediately put to use and the legal background you need to master the issues. From registering and protecting your domain name, to contracting for Internet and Web site services, to patent, trademark and copyright issues, this book shows you how to adapt your business plans and strategies to evolving legal requirements. You'll read about: licensing of Internet content; enforceability of online contracts; domestic and foreign tax treatment of Internet transactions; international obligations when doing business online; patentability of business methods; precedents in trademark infringement; drafting a privacy policy; and other important issues-all clarified by state-of-the-art model agreements.

 

Emerging Technologies and the Law: Forms and Analysis (Print and Online)
Richard Raysman, Peter Brown, Jeffrey D. Neuburger & William E. Bandon, III

The future has arrived ahead of schedule! Content publishers, entertainment and media companies, communications companies, and computer hardware and software companies are combining to create products that are revolutionizing business and private lives. Law firms and businesses must be prepared to reactuickly or risk being left behind.

That's where Emerging Technologies and the Law: Forms and Analysis comes in. This comprehensive guide addresses the many legal issues presented by complex cross-technology transactions. It features 100 ready-to-use forms on CD-ROM that eliminate guesswork and lead you through every critical step in structuring different kinds of agreements. You'll find clear explanations of: the technological and legal issues involved; an overview of patent law as it applies to emerging technologies; checklists of important factors to consider before beginning a complex cross-technology transaction; and more.

 

Federal Acquisition Regulations: Intellectual Property and Related Rights (Print and Online)
Lisa M. Brownlee

Finally there is a comprehensive guide to the maze of intellectual property, data rights and technology transfer issues raised by U.S. government procurement contracts—including coverage of the latest regulations.

Federal Acquisition Regulations: Intellectual Property and Related Rights is a complete tool for the practitioner, providing in-depth analysis of intellectual property issues arising from the Federal Acquisition Regulations (FAR), especially FAR Part 27 (Patents, Data and Copyrights). This unique book is the first to focus on the recent changes to the FAR and—a must for procurement specialists.

 

Information Security Law: Control of Digital Assets
by Mark G. Milone

For most organizations, an effective information security policy is vitally important. In some instances, it is a legal requirement.

Information Security Law: Control of Digital Assets provides encyclopedic coverage of both the technologies used to protect a network and the laws and policies that bolster them. It is filled with practical advice on all aspects of implementing effective internal controls, protecting user privacy, preventing computer crimes, leveraging intellectual property, and avoiding regulatory scrutiny.

Written for lawyers, compliance officers, network administrators, and anyone who oversees the preservation and use of networked data, this important new book examines such topics as: ensuring the accuracy of data used to generate financial reports; protecting consumers' personally identifiable information; the Gramm-Leach-Bliley Act's privacy and safeguards rules; HIPAA restrictions on the use of medical information; state and federal remedies for attacks on computer systems; avoiding liability when monitoring computer systems; and more.

Whether your responsibilities include securing networks or creating an adequate plan for responding to security incidents, Information Security Law: Control of Digital Assets will make a difficult job much easier.

 

Information Technology Litigation: Law and Analysis (Print and Online)
Barry G. Felder / Frederick L. Whitmer / Jeffrey P. Weingart

Litigating IT-related disputes successfully requires attorneys to stay current with both the latest technological developments and the constant flow of cases dealing with them. This multidisciplinary guide focuses on legal issues relating to software, digital content, and electronic data.

Information Technology Litigation: Law and Analysis examines fundamental and advanced aspects of litigation involving information technology, including: pre-suit strategic considerations in light of the fast pace of the IT industry; IT-related copyright litigation, including computer software infringement, online infringement, file sharing, and Digital Millennium Copyright Act violations; patent litigation, including software/business method patents, proving infringement, Markman hearings and claim construction; IT-specific actions for trademark violations; trade secret misappropriation lawsuits and preventive policies; laws relating to online privacy, data security and fraud; electronic discovery; alternative dispute resolution; and emerging areas.

 

Internet Law & Strategy (Newsletter)
Editor-in-Chief Samuel Fineman

This pioneering newsletter is the best single source of news, advice and analysis for lawyers and their clients who are involved with the Internet. Internet Law & Strategy looks beyond the hype and fluff to bring you reviews of the best Web sites and practical pointers of genuine value. Each issue combines the expertise of Internet specialists and the experience of practicing attorneys to make sense of the mountains of data available on the Web. It brings you the latest on doing legal research online, managing and marketing your law practice, and communicating with other attorneys and clients. You'll find out how lawyers are putting new technology to use and how they are coping with complex new problems. You'll also get up-to-date reports on the law of the Internet and how it may affect your practice.

Published Monthly

 

LJN's Legal Tech Newsletter
Editor-in-Chief, Adam J. Schlagman

How can your law office run more smoothly -and more profitably? How can you find your way around the Internet- and market successfully on it? How can you keep your network secure? Should your firm outsource its information management? What is the latest software available for demonstrative evidence? What do you need to know about e-mail and discovery? What are the pitfalls of software piracy? What are the key steps in negotiating with computer vendors?

Will your firm benefit from legal expert systems? Desktop publishing? Automated cost recovery systems? Find out in LJN's Legal Tech Newsletter, the authoritative monthly newsletter that offers you objective evaluations and recommendations of systems and equipment. In feature articles and in regular sections like "Practice Tips," "Product Reviews," "Applied Technology," "What Law Firms Are Using," "Bits and Bytes" and "Browsing the Web," you'll find out what's working in law firms like yours - and perhaps more important, what's not.

Published Monthly

 

Representing High Tech Companies (Print and Online)
Gary M. Lawrence and Carl Baranowski

Counseling clients in transactions involving high-tech companies requires familiarity with several of the most complex areas of law, finance and technology. Representing High-Tech Companies is a one-of-a-kind book, designed to help you handle the whole range of legal issues in this dynamic field. Whether you are building a technology practice from the ground up or want to represent your existing clients more effectively, this book will bring you up to speed and help you stay ahead of the pack.

You'll find out about: financing and documenting joint ventures and early-stage strategic partnerships; devising workable nondisclosure agreements; managing an intellectual property portfolio; minimizing litigation risk for public technology companies; designing employment contracts and benefit plans in a highly competitive industry; handling securities laws, import/export controls, and other aspects of the regulatory scheme; and many other “hot button” legal issues facing technology-driven businesses. Featuring more than 65 forms and checklists, and a remarkable high-tech glossary of industry terms, phrases, and acronyms, Representing High-Tech Companies will quickly become your favorite legal reference. The book comes with a CD-ROM containing all of the forms included in the text.

 

Internet and Dispute Resolution: Untangling the Web (Print and Online)
Norman Solovay & Cynthia Reed

The explosive growth of alternative dispute resolution and e-commerce has led to an innovative hybrid—Online Dispute Resolution (ODR). The Internet and Dispute Resolution: Untangling the Web shows you how ODR works and how it is already transforming dispute resolution in both business-to-business and business-to-consumer transactions.

This book explains how alternative dispute resolution (ADR) first moved online, how it evolved, and how ODR is now being applied. The authors bring you in-depth discussion of the legal issues raised by this trend, including questions involving jurisdiction; conflicts of law; e-commerce regulations; privacy; consumer protection; and security. You'll find out about the different types of ODR methods and how to incorporate them into your practice. You'll also benefit from a helpful survey of ODR providers around the U.S. and internationally. This complete treatment of ODR is both an excellent introduction to this increasingly popular technique and a useful manual for practitioners.

 
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Law Firm Partnership Agreements (Print and Online)
Leslie D. Corwin and Arthur J. Ciampi

Whether your firm consists of two lawyers or five hundred, Law Firm Partnership Agreements is a must for your office. This book tackles the key “life events” of a law firm partnership—formation, setting compensation, partner admissions and departures, retirement, dissolution, termination of the partnership, mergers and acquisitions, and much more.

For firms in the course of development, here is the advice you need for selecting the form of the entity—general partnership, professional corporation, or limited liability partnership—with the advantages and disadvantages of each.

 

Law Firm Partnership & Benefits Report
Editor-in-Chief, Silvia L. Coulter

Decision-makers and policy-setters at law firms, from managing partners to firm administrators to human resource executives, need a broad range of specialized information - the kind of information you'll find in this valuable newsletter. Every issue will bring useful, informative articles covering issues like compensation for partners, associates and staff; essential provisions in partnership agreements; financing your firm's growth; developments on the malpractice front; how to deal with health care needs -and costs; sexual harassment and employment discrimination; associate training; lateral partners; funding pension plans; compliance with the ADA, ERISA, the IRC; what other firms are doing; and rulings affecting partners, employees, and clients.

Published Monthly

 

Marketing The Law Firm: Business Development Techniques (Print and Online)
Sally J. Schmidt

In today's economy, marketing and business development have taken center stage at law firms. Marketing The Law Firm: Business Development Techniques examines how marketing can improve client satisfaction and increase the bottom line for both corporate and consumer practices. No matter the size of your law firm, this pragmatic book shows you how to utilize client surveys, Web sites, brochures and collateral pieces, databases, newsletters, direct mail, seminars, special events, advertising, public relations, proposals, presentations, and interviews.

 

Marketing the Law Firm (Newsletter)
Editor-in-Chief Elizabeth Anne Tursi

How can you increase your business? Find out in Marketing for Law Firm, the monthly report that shows you the most sophisticated, most effective strategies your colleagues are using today. You'll read articles on subjects such as: ten ways not to market your practice; seven principles for dealing with the press; co-sponsoring seminars -how small firms can benefit from strategic alliances; making the most of hot cases and hot lawyers; the myths about client surveys; running a marketing department; finding your firm's next hot practice area; using automated marketing databases; developing an effective referral network; renewing business relationships with former clients; developing potential rainmakers. and more. Regular

 
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Labor and Employment
 

Employee Benefits Law: ERISA and Beyond (Print and Online)
Jeffrey D. Mamorsky

ERISA—the Employee Retirement Income Security Act—requires that employee benefit plans meet the demands of no fewer than three federal agencies: the Internal Revenue Service (IRS); the Department of Labor (DOL); and the Pension Benefit Guaranty Corporation (PBGC). In addition, ERISA is affected by major legislation, including: the Tax Reform Act of 1986; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; and the Pension Protection Act of 2006, which was the most significant overhaul of ERISA since the Tax Reform Act of 1986. Employee Benefits Law: ERISA and Beyond takes you step by step through these and other statutes and regulations to help ensure that your plans are properly structured, qualified and implemented.

 

Executive Compensation (Print and Online)
written and edited by Michael S. Sirkin and Lawrence K. Cagney

Executive compensation has become one of the main targets of investors, and government regulators. Executive Compensation is an invaluable guide through the maze of rules, regulations and practices that governs this area. It is an essential resource for general counsel or attorneys representing companies, business executives, and human resource managers who are trying to identify and evaluate all of their options and make the best financial arrangements possible.

 
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Litigation
 

Courtroom Psychology and Trial Advocacy
Richard C. Waites, J.D., Ph.D

Courtroom Psychology and Trial Advocacy is a comprehensive look at how courtroom decision makers make their decisions on specific issues. It explains the research methods used to study their likely decisions in individual cases and how to apply this new understanding to every aspect of trial advocacy, from jury selection through closing argument. This innovative guide differs from current trial advocacy primers by offering the most advanced information available about persuasion psychology in the courtroom and by translating this information into practical suggestions you can use effectively. In addition to the author's recommendations, you'll find helpful tips from some of the nation's most experienced and successful trial judges and trial partners in major law firms.

 

Defending Federal Criminal Cases: Attacking the Government's Proof
written and edited by Diana D. Parker

Put the prosecution on the defensive! Defending Federal Criminal Cases: Attacking the Government's Proof equips defense attorneys with the legal arguments and tactics they can and should use to challenge the government's evidence at every stage of a criminal case.

Beginning with the assessment of whether to cooperate with the government, it provides advice on the substance and timing of defense motions, objections, and appeals, as well as open questions and splits among the circuits. Coverage includes: bases for motions to dismiss indictments; obtaining and drafting a Bill of Particulars; Fourth and Fifth Amendment grounds for suppressing evidence; Sixth Amendment rights, including the defendant's right to a speedy trial, confrontation of witnesses, and adequate representation; discovery issues, including the prosecution's obligations under Brady; proven methods for cross-examining government witnesses; capitalizing on perjury by government witnesses; objections based on substantive and procedural due process; and more.

Both scholarly and keenly focused on the needs of practitioners, this new book examines a wide range of motions to file and advises you on how you can assert them effectively. It will greatly increase your chances of winning at trial or creating a record for a successful appeal.

 

Electronic Discovery (Print and Online)
Brent E Kidwell, Matthew M. Neumeier and Brian D. Hansen

The use of e-mail and electronically stored data have fundamentally changed the discovery process and the judicial standards for what is a “reasonable” discovery request. It has also led to new strategies and tactics that can mean the difference between winning and losing a case.

Electronic Discovery is a comprehensive and much needed treatment of this vital and evolving area. Beginning with the basic rules governing discovery, it discusses the legal and practical challenges involved in e-discovery, what the special evidentiary issues are, when protective orders to limit electronic discovery may be issued, and what strategic considerations should be taken into account—in short, everything the practitioner needs to master e-discovery and use it to his or her advantage.

The authors provide guidance from both offensive and defensive perspectives. Electronic Discovery looks closely at “reasonableness” in the context of electronic discovery, e-mail, messaging and other danger zones, document retention policies that can withstand scrutiny, and other essential topics. They also provide timesaving forms and examples. This truly modern reference will prove its worth to practicing trial lawyers for years to come.

 

Employment Litigiation (Print and Online)
Mary A. Gambardella

Employment Litigation provides exhaustive procedural guidance on the booming field of employment law. Whether you represent employers or employees, this book will help you save time, avoid unpleasant surprises, and gain the upper hand at every stage of your case. Coverage includes a step-by-step examination of agency and court proceedings on both the federal and state levels and class actions. Filled with helpful insights, Employment Litigation also provides sample documents for every situation—complaints, responses, motions, discovery requests, jury instructions, appeals, settlement agreements and more.

 

Federal False Claims Act and Qui Tam Llitigation (Print and Online)
Joel M. Androphy

In recent years, whistleblower lawsuits have led to billions of dollars in judgments and settlements, debarment from government contracts, and criminal prosecutions as the government and the public seek to root out fraud and abuse. In 2010, the Dodd-Frank Act created a new Securities and Exchange Commission Whistleblower Program, imposed a 3-year statute of limitations on FCA retaliation actions, and expanded protections for whistleblowers.

Federal False Claims Act and Qui Tam Litigation is a unique guide to this vital area. Unlike many treatises that focus solely on the plaintiff whistleblower or “relator,” this book provides detailed, comprehensive coverage of the interests of all the participants in qui tam cases—the relator, the defendant corporation, the federal and state governments, and the courts. It also provides state-of-the-art analysis of the latest cases and whistleblower statutes, federal, state and municipal.

 

Federal Tax Litigation (Print and Online)
Susan A. Berson

Tax lawyers across the country have at least one thing in common — the feeling of frustration when trying to figure out the hows and whys of IRS action or inaction. Federal Tax Litigation helps to lift the veil of mystery. Written by a former litigator for the Tax Division of the Justice Department, this book offers an insider's perspective on both the legal issues and practical considerations involved in handling a federal tax controversy. It presents a comprehensive approach to tax litigation, covering audit, appeal, problems resolution office, collection and subsequent judicial proceedings involving the Justice Department.

 

Health Care Fraud: Enforcement and Compliance (Print and Online)
Robert Fabrikant / Paul E. Kalb, M.D./ Mark D. Hopson / Pamela H. Bucy

Health Care Fraud is the most complete, essential and up-to-date guide to a rapidly growing, multi-disciplinary field - required reading for criminal and civil lawyers, law enforcement officials, health care providers, and anyone interested in the health care industry. Health Care Fraud contains analysis and advice that can prevent career-ending mistakes. You'll find the latest anti-fraud initiatives from Congress, state legislatures, enforcement agencies and the private bar; criminal law and procedures that health care lawyers cannot afford to ignore; and point-by-point analysis of the key decisions, laws and regulations.

 

Hospital Liability (Print and Online)
James Walker Smith

Whether you represent hospitals, physicians or their patients, this acclaimed publication analyzes the impact of the latest statutes, regulations, cases and trends. Hospital Liability explores issues such as: HMO liability for medical malpractice; nonmedical liability; liability for negligent ambulance service; state rulings on recovery for the wrongful death of a fetus; hospital liability for an infant's injuries in a delayed C-section; informed consent and damages for both disclosed and undisclosed complications; standards for alternative methods of blood conservation and use; punitive damages; reporting and evidence preservation requirements in child abuse and sexual assault cases; pregnancy-related actions; blood services, anesthesia, radiology, surgery, autopsy, and donation liability; hospital liability for the acts of a private physician; the degree to which the hospital owes an independent duty of care to the patient; hospital antitrust liability; the “right to die,” including a discussion of decision-making tools such as living wills and durable powers of attorney; liability insurance; and tort reform.

 

Patent Infringement: Compensation and Damages
Bryan W. Butler

When a patent has been infringed, there's usually a price to pay, whether it's the result of a trial verdict or a negotiated settlement. Even when compensation for patent infringement is a certainty, determining the right amount is a complex matter involving the interplay of many legal and financial variables.

Patent Infringement: Compensation and Damages is a complete, concise and detailed guide. It explains each step, from a finding of infringment to a determination of damages. The process starts with determining the damages period and damages base, from both a product and a geographic perspective. Next, the appropriate theory—reasonable royalty or lost profits—is applied. Then enhancements or limitations are considered, as well as the likelihood and effect of an injunction. shows you the method used, the possible variations, the unique patent law doctrines that may apply, and the strategies to consider in seeking terms most advantageous to your client. The book also examines how awards of damages are treated under accounting rules, and discusses the admissibility of evidence from expert witnesses respecting damages.

 
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Marketing
 

Selling and Communication Skills for Lawyers
Joey Asher

Learn how to attract business and strengthen your relationships with legal clients by communicating effectively and understanding their legal and business needs. Selling and Communications Skills for Lawyers is a new, engagingly written guide by a nationally known selling and communication skills coach, shares the author’s proven strategies for winning legal business and staying in touch with satisfied clients. The book is full of helpful tips, such as how to convert contacts and connections into new business, how to deliver an effective “elevator pitch,” how to conduct a productive meeting, and dozens of other easy, practical techniques. It also addresses important ethical aspects of selling and marketing of legal services. This book is your key to learning how to win and keep clients.

Privacy
 

Elder Law and Financial Strategies: Planning for Later Life (Printa nd Online)
Jerry A. Hyman

The elderly face a host of legal, financial and health care issues as they enter a new stage of life. Elder law attorneys and other advisers to the elderly must be able to address a broad range of social, psychological and financial needs of their clients, as well as their legal needs.

Elder Law and Financial Strategies: Planning for Later Life is a comprehensive, multi-disciplinary guide to this demanding area of practice. It goes far beyond Medicaid planning to offer guidance on questions involving housing options, guardianship, property and health care management, abuse and financial exploitation of the elderly, as well estate planning and retirement planning.

 

Privacy Law (Print and Online)
Charlene Brownlee and Blaze D. Waleski

Privacy violations can occur at almost any level in an organization, with far-reaching consequences. Privacy Law thoroughly explains the legal obligations and potential liability of those who work with and share private information. It covers current law and emerging issues in depth, offering essential guidance on the privacy policies and practices organizations need to adopt to ensure compliance and the duty to notify employees and customers in the event of privacy breaches.

 
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Securities
 

Leveraged Buyouts (Print and Online)
Joseph W. Barlett, Peter L. Korn Jr., David J. Mittelstadt, Cathy L. Reese, and Michael A. Rueda

Whether you represent buyers, sellers or lenders, this Leveraged Buyouts provides practical, in-depth answers to all of your questions as well as model documents for every contingency. This comprehensive guide explains each variety of LBO in detail—its rationale, the advantages and drawbacks of the available financing and tax structures, corporate governance and regulatory issues, and the many legal issues that arise along the way.

 

Mutual Funds: Law and Practice (Print and Online)
edited and co-authored by Walter Nagel

Mutual funds hold approximately one quarter of the value of the stock of U.S. companies, one third of the value of municipal securities, and forty-four percent of outstanding financial paper. Mutual Funds: Law and Practice is a comprehensive legal guide to this complex, $10 trillion industry.

This essential new book takes a multi-faceted approach to its subject, covering the Investment Company Act of 1940 and other securities acts; regulation by the SEC, the states, the and self-regulatory organizations; and best practices promulgated by trade groups. It examines all aspects of fund structure, operations, marketing, financial disclosure, tax treatment, regulation, examination and enforcement.

 
 

Partnerships, Joint Venture and Strategic Alliances Revised Edition
Craig M. Wasserman and Stephen I. Glover

There are few, if any, major corporations that do not engage in some level of partnership, joint venture and strategic alliance activity. Partnerships, Joint Ventures & Strategic Alliances will help you dissect any proposed transaction, spot the issues that need to be addressed, and achieve a successful outcome. Discussions include: building a successful partnership, joint venture and strategic alliance; choice of entity considerations; fiduciary duties; tax and regulatory issues; and the role of lawyers. Leading experts offer their best strategies for negotiating joint ventures and alliances.

 

Private Equity Funds: Business Structure and Operations (Print and Online)
James M. Schell

Every year, investors pour billions of dollars into private equity limited partnerships, yet details about the organization and administration of these funds are tough to find. Private Equity Funds: Business Structure and Operations is the first practical guide that gives attorneys, investment professionals, tax practitioners and corporate lawyers the tools and authoritative guidance they need to handle any aspect of a private investment fund. It covers a wide range of important issues, such as: the key economic differences between various types of funds; structuring the private equity fund to meet economic expectations and investment goals; securing maximum tax benefits for the sponsor of the fund; duties of the fund's General Partner and Investment Advisor; the major regulatory issues affecting the private equity fund; and much more. No matter which aspect of private equity funds you deal with, this is a reference book you will want close at hand.

 
 
 
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