|
|
Categories:
|
| |
| |
 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
|
| |
 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.
|
| |
| Back to top |
| |
| |
Advanced
Private Equity Term Sheets and Series A Documents
Joseph W. Bartlett / Ross Barrett / Mike Butler and the VC Experts,
Inc. editorial board
Advanced Private Equity Term Sheets and Series A Documents
examines all the deal terms you may encounter -- anti-dilution
protection, warrant coverage and liquidation preferences and others.
It provides clause-by-clause discussion of the Stock Purchase
Agreement, along with time-saving tools - model documents, opinion
letters and a due diligence checklist contributed by a Big 4 accounting
firm. You'll also get up-to-date data from an industry wide survey
of West Coast and East Coast deal terms, so you'll know whether
or not a given provision is "market," or "industry
standard" -- a must- before your next negotiation.
|
| |
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
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 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 will want to know about. You'll find out about 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 decide to overturn the result
of an ADR proceeding. This easy-to-use deskbook also includes
useful suggestions and sample clauses to aid in the design of
an ADR program, with examples of different approaches.
|
| |
 Anatomy
of a Merger: Strategies and Techniques for Negotiating Corporate
Acquisitions
James C. Freund
Anatomy of a Merger is a unique presentation
of the strategies and techniques of negotiating corporate acquisitions.
Some are geared towards effectuating workable compromises that
satisfy the interests of all parties; others are 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
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 explains 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
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
Criminal Liability and Prevention
Richard S. Gruner
Corporate Criminal Liability & Prevention
is a comprehensive work, providing both substantive analysis of
the law and strategic advice for the practitioner. Whether you
are handling a corporate criminal case or advising a corporation
on how to avoid one, it will help you give your clients clear
guidance on the best strategies and compliance policies in light
of the latest legal developments.
|
| |
Corporate Governance: Avoiding and Responding to Misconduct
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.
|
| |
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
Jerome G. Snider and Howard A. Ellins
As artificial entities, corporations may face more than a few
thorny problems when it comes to protecting confidential information.
Corporate Privileges and Confidential Information
is designed to guide inside and outside counsel through the maze
of obstacles thrown in the way of corporate secrecy. All rights
to privacy that a corporation may assert are brought together
in this useful volume, including how to protect information required
to be disclosed to a government agency.
|
| |
Corporate
Sentencing Guidelines: Compliance and Mitigation
edited by Jed S. Rakoff / Linda R. Blumkin / Richard A. Sauber
Corporate Sentencing Guidelines also brings
you comprehensive coverage of subjects such as: determination
of sentences, including aggravating and mitigating factors like
exceptional circumstances or the "character" of an organization
(with references to relevant case law and commentary); compliance
programs in the global context; SEC and judicial initiatives to
make corporate directors liable for compliance lapses; advocacy
strategies when dealing with prosecutors, judges and probation
officers; environmental offenses and objections to self-audit
laws adopted by many states; special rules regarding antitrust
offenses; the interplay between the sentencing guidelines for
individuals and for corporations; and the novel remedy of "corporate
probation," which may require even a privately held company
to report financial information.
|
| |
Directors
and Officers Liability: Prevention, Insurance & Indemnification
John H. Mathias, Jr. / David M. Kroeger / Matthew
M. Neumeier / Jerry J. Burgdoerfer
Directors and Officers Liability: Prevention, Insurance
& Indemnification examines the risks officers and
directors face, including 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
Gary M. Lawrence
Due Diligence in Business Transactions brings
you detailed guidance on who makes up the due diligence team and
what role these various experts play; why due diligence is a "zero
defects" business and what you can do to help limit your
risk of liability for inadequate or incomplete due diligence;
what the courts have to say about what constitutes "adequate
due diligence" under the federal securities laws and how
effective due diligence investigations can limit your exposure
thereunder; what information you need to create a "data trail"
to document the investigation; strategies and techniques that
can help you uncover more and better information at every step
in the investigation process; how to meet the special requirements
of international and intellectual property due diligence; how
the due diligence investigation process varies for different types
of companies, and what are the appropriate procedures to follow
in each case. Additional chapters analyze environmental due diligence,
real and personal property due diligence, debt instrument review,
employee benefits due diligence, insurance and liability coverage
due diligence and intellectual property due diligence. Plus, Due
Diligence in Business Transactions gives you a detailed
overview of the case law and statutes governing due diligence,
and shows you what to do - and what to watch out for - at every
step during the investigation. The book also provides over 80
forms and checklists to assist all those involved in the due diligence
investigation process.
|
| |
Employee
Benefits Law: ERISA and Beyond
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; and the Family and Medical Leave Act of 1993. 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 operated.
|
| |
Executive
Compensation
written and edited by Michael S. Sirkin and Lawrence K. Cagney
Among the topics covered in Executive Compensation are: the
latest tax laws and securities law requirements; ERISA obligations;
negative covenants; equity-based compensation payable in stock;
employment agreements provisions; other cash incentive compensation;
deferred compensation funding mechanisms; change of control arrangements;
taxation of fringe benefits; compensation and benefits of directors;
disclosure of public companies; compensation for exempt organizations;
planning for severance and/or changes in control; foreign employees;
using life insurance in executive compensation packages; new SEC
rules under Section 16(b); nondiscrimination policies for fringe
benefits; and much more.
|
| |
Executives
Stock Options and Stock Appreciation Rights
Herbert Kraus
Executive Stock Options and Stock Appreciation Rights
is designed to assist corporate enterprises in the design and
establishment of programs for granting stock options. It brings
you the facts on such vital topics as the different types of stock
options available, including non-qualified stock options and incentive
stock options; features such as stock appreciation rights; advantages
and disadvantages both from the point of view of the company and
the optionee; what SEC disclosure and registration rules require;
liabilities you may face under Section 16(b), including the modified
Rule 16(b)-3; stock option repricing; Section 423 stock purchase
plans, with in-depth discussion of the applicable requirements
of federal tax law, state blue sky laws, and federal securities
law; new developments regarding Opinion 25 of the Accounting Principles
Board; 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.
|
| |
Going
Private
Arthur M. Borden and Joel Yunis
Going Private also offers pointers on structuring
the transaction, drawing up the proxy statement, and defining
the roles of the independent directors, attorneys and financial
advisers involved. In addition, it analyzes the fairness rule
and burden shifting, state anti-takeover legislation, leveraged
buyouts, shareholder reliance on fairness opinions provided to
the board of directors by financial advisers, squeeze-outs, restructurings,
the concept of the "level playing field," the duty of
loyalty owed by directors to shareholders of a corporation, applicability
of the business judgment rule when the board of directors resists
a hostile bid for control, an overview of the SEC's "Regulation
M-A Release," and the impact of recent court decisions.
|
| |
Hiring and Firing
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.
|
| |
Leveraged Buyouts
Joseph W. Barlett, Peter L. Korn, II, David J. Mittelstadt, Cathy L. Reese, and Michael A. Rueda
Whether you represent buyers, sellers or lenders, 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.
|
| |
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.
|
| |
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
James M. Schell
Every year, investors pour billions of dollars into private equity
limited partnerships. Until now, details about the organization
and administration of these funds were difficult to come by. 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; nailing down 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.
|
| |
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
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
edited and co-authored by Gregory C. Smith and Contributing
Experts
Here's all the information you need to provide sound advice on
a new enterprise from set-up to financing to getting the company
up and running at a profit. You'll find extensive coverage of
significant issues, such as the venture financing process; corporate,
securities and tax laws; the interplay between business and legal
considerations; limited liability companies; strategic alliances;
employee benefit plans; stock options; contracts; and accounting
procedures. You'll also read about recent developments in Internet
law and electronic commerce, including the application of securities
laws to public offerings on the Web.
|
| |
State Business Taxes
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
Daniel W. Hindert / Joseph J. Dehner / Patrick J. Hindert
Structured Settlements and Periodic Payment Judgments
features a full discussion of "Structured Settlement Factoring
Transactions," with an analysis of Internal Revenue Code
Section 5891-Victims of Terrorism Tax Relief Act-and its effect
on reinforcing and expanding structured settlements. This statute
has an impact on all structured settlements past and future. It
provides claimants and their attorneys with definitions, procedures,
guidelines and some protection under the Internal Revenue Code
to help involved parties to transfer structured settlement payment
rights following settlement.
|
| |
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.
|
| |
| |
| White
Collar Crime: Business and Regulatory Offenses
edited by Otto G. Obermaier and Robert G. Morvillo
For expert guidance you can rely on, turn to White Collar
Crime: Business and Regulatory Offenses. In a single
volume, Otto G. Obermaier and Robert G. Morvillo have gathered
a prestigious group of authors to counsel you on: criminal tax
cases; securities fraud; RICO; computer crime; mail and wire fraud;
banking crimes; forfeiture; criminal antitrust actions; bribery
and extortion; conspiracy; entrapment and government overreaching;
government contract fraud; grand jury practice; perjury and false
declarations; general principles governing the criminal liability
of corporations, their employees and officers.
|
| |
| Back to top |
| |
| |
Environmental
Enforcement: Civil and Criminal
Daniel Riesel
Environmental Enforcement: Civil & Criminal,
by one of the nation’s first environmental prosecutors,
offers a detailed guide to environmental enforcement and the legal
and practical problems that can arise. Environmental Enforcement:
Civil and Criminal explains the dangers of civil and
criminal enforcement efforts to members of the regulated community
and sets out in the 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 attorney 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
Nicholas A. Robinson
Environmental Regulation of Real Property enables
you to anticipate and solve a wide range of environmental law
problems - hazardous waste clean-up liability, coastal zone and
wetlands management, including wetlands restoration and enhancement,
and the regulation of land to control air and water quality. Areas
of law covered include constitutional law, real estate law, litigation,
and even corporate transactions.
Environmental Regulation of Real Property explains
what types of state and local laws and regulations you should
be on the lookout for - as well as the common law tort standards
you should anticipate. It also includes guidance, complete with
forms and checklists, on how to conduct due diligence reviews
and environmental audits.
|
| |
| Back to top |
| |
| |
Extra-Contractual Litigation Against Insurers
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.
Coverage includes: 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 Dispute
John H. Mathias, Jr. / John D. Shugrue / Thomas A. Marrinson
The authors explain all aspects of litigating insurance coverage
disputes in detail, 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 covered include case management, venue, parties,
justiciability, discovery disputes and privileged documents, insurance
policy interpretation and construction, bad faith and extra-contractual
claims, and trial of an insurance coverage dispute.
|
| |
Insuring Real Property Businesses
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
Thomas A. Marrinson
 Professional Liability Insurance provides complete, in-depth coverage of the field, 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 new book will cut hours off your research and help you find the best solutions for your clients. This unique new guide examines the variations on policy clauses in professional liability policies and how the courts interpret them. Topics covered 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.
|
| |
| Back to top |
| |
| |
 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
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 by Stephen Fishman 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
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
Jay Dratler, Jr.
This two-volume treatise discusses all the major fields of intellectual
property: patents, trade secrets, copyright, technological protection
of copyrighted works under the Digital Millennium Copyright Act,
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
also discusses the TRIP Agreement 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
Terence P. Ross
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. Filled with
useful citations, 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 remedies for
patent owners; injunctive relief; monetary damages; punitive and
statutory enhanced damages; attorneys' fees and costs; and more.
This is the first and only book that covers all the issues that
arise once liability for infringement has been established.
|
| |
Intellectual
Property and Computer Crimes
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. 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
Rachel Gader-Shafran, Board of Editors, Contributors
Designed for lawyers, law students, professors, and anyone who
works closely with intellectual property issues, The Intellectual
Property Law Dictionary contains four sections explaining
the meaning and legal background of terms used in copyright, trademark,
patent, and trade dress, 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 and trade
dress.
|
| |
Intellectual
Property Licensing: Forms and Analysis
Richard Raysman / Edward A. Pisacreta / Kenneth A. Adler / Seth
H. Ostrow
The book presents the working documents you need, along with
the guidance to put them to use. The dozens of helpfully annotated
forms and agreements in the book include: copyright, trademark
and patent agreements; work-for-hire agreements; non-disclosure,
non-compete and exit interview agreements; privacy/publicity releases
and celebrity endorsement agreements; merchandising agreements;
software development, distribution and licensing agreements; music
agreements; dramatic performance licensing agreements; and sample
corporate copyright and trade secret policies. The authors devote
separate, detailed chapters to product and media-specific licensing
transactions, with useful negotiating considerations and discussion
of the substantive legal background. This new reference is an
invaluable starting point for any licensing transaction.
|
| |
Lawyers Guide to Formulas in Deal Documents and SEC Filings
Carla J. Garrett /
Hayden J. Trubitt and Contributing Authors,
Edited by Matthew B. Swartz
 Written for lawyers at all levels of mathematical skill, this new 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 formulae, ratios and metrics to monitor risk; earnouts; carried interest, with sample allocation, distribution and clawback provisions; and IP royalties.
|
| |
Licensing
of Intellectual Property
Jay Dratler, Jr.
The definitive treatise on the law of licensing, Licensing
of Intellectual Property answers such questions as which
licensing provisions are best for transactions presenting high
litigation risk; how to reduce the risk of disputes when drafting
royalty and other licensing provisions; when licensees have standing
to sue infringers (and their licensors); what types of licensing
restrictions may violate the antitrust laws or constitute misuse
of intellectual property; and when trade secret provisions are
appropriate in patent and copyright cases.
|
| |
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
Lynn D. Fleisher & James C. Dechene
The use of the Internet and high-tech communications in health
care has led to new approaches to medical treatment - and to challenging
new legal questions. Telemedicine and E-Health Law
has the answers that health care providers, hospitals, pharmaceutical
companies, insurers, and their legal counsel need in the online
era. Its comprehensive scope includes everything from the licensing
requirements for physicians who provide medical services electronically
across state lines to the privacy issues raised by the sharing
of electronic medical records (EMRs) across computer networks.
|
| |
| |
| Back to top |
| |
| |
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
Jay Dratler, Jr.
This book explains the anti-circumvention and anti-trafficking
rules of the Digital Millennium Copyright Act, the Act's provisions
for protecting copyright management information, and its attempts
to reduce Internet service providers' exposure to primary and
secondary liability for copyright infringement. It parses the
anti-trafficking rules into its various elements and discusses
in detail how each applies to such “noncopyright locks”
as garage-door openers and aftermarket-protection devices. The
book also explains how these rules derived from the emerging “federal
common law” of copyright and how, in some cases, the still
developing federal common law may make resort to these rules unnecessary.
|
| |
Doing
Business On The Internet: Forms and Analysis, With Forms on Disk
Julian S. Millstein, Jeffrey D. Neuburger & Jeffrey P. Weingart
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 underpinnings you need to do business
online. From registering and protecting your domain name, to contracting
for Internet and Web site services, to patent, trademark and copyright
issues, Doing Business on the Internet: Forms and Analysis
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 involved in
doing business online; patentability of business methods; precedents
in trademark infringement; drafting a privacy policy; and other
important areas - all buttressed by state-of-the-art model agreements.
|
| |
Emerging
Technologies and the Law: Forms and Analysis
Richard Raysman, Peter Brown, Jeffrey D. Neuburger & William
E. Bandon, III
Formerly published as Multimedia Law: Forms and Analysis, this
revised edition addresses the many legal issues presented by complex
cross-technology transactions. It features over 60 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
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
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
Gary M. Lawrence and Carl Baranowski
You'll find out about financing and documenting joint ventures
and early-stage strategic partnerships; devising workable non-disclosure
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 much more. Featuring forms, checklists,
and a remarkable high-tech glossary of industry terms, phrases,
and acronyms, Representing High-Tech Companies
will quickly become your favorite legal reference for solving
problems in this area.
|
| |
The
Internet and Dispute Resolution: Untangling the Web #00671
Norman Solovay & Cynthia Reed
This book explains how alternative dispute resolution first moved
online, how it evolved, and how ODR is now being applied. You'll
find out about the different types of ODR methods and how to incorporate
them into your own practice. You'll also benefit from a helpful
survey of ODR providers around the U.S. and internationally. 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. This complete treatment of ODR is both an excellent
introduction to this increasingly popular technique and a useful
manual for practitioners.
|
| |
| Back to top |
| |
| |
Law
Firm Partnership Agreements
Leslie D. Corwin and Arthur J. Ciampi
Law Firm Partnership Agreements tackles the
key "life events" of a law firm partnership - formation,
compensation, partner departures, partner admissions, retirement,
death, disability, dissolution, termination of the partnership,
mergers & acquisitions, and much more. You'll find discussion
of partnership classification, firm management, ethical obligations
when there are changes in firm membership, and other issues that
can have a huge impact on the conduct of your practice. You'll
get insightful analysis of everything from the fiduciary duty
owed by firm members to one another to "eat what you kill"
compensation arrangements.
|
| |
 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
Sally J. Schmidt
Marketing the Law Firm: Business Development Techniques
shows you how to use advertising as a marketing tool, for both
corporate and consumer practices. It brings you the findings of
the latest surveys on law firm advertising, marketing materials,
Web site use by clients and law firm growth issues. It also features
detailed coverage of how to measure the return on investment of
various marketing activities.
|
| |
 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
|
| |
| Back to top |
| |
| |
 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
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
Mary A. Gambardella
Employment Litigation provides complete procedural
guidance to the booming field of employment law. Whether you represent
employers or employees, you'll save 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 level, as well as tactical considerations
for settlement negotiations. Filled with helpful insights, it
also provides sample documents for every situation -- complaints,
responses, motions, discovery requests, jury instructions, settlement
agreements, and more.
|
| |
Federal False Claims Act and Qui Tam Llitigation
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 prosecutors and the public seek to root out fraud and abuse.
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.
Topics include: evaluating the merits of a potential action; determining whether the relator would be barred or restricted from any recovery for retaliation; for plaintiffs, locating a favorable judiciary and an aggressive prosecutor's office; for defendants, anticipating, preventing, and responding to litigation; determining whether a claim is material and based on express or implied certification, government indifference or concurrence with erroneous certifications; evolving theories of liability; assessing an appropriate relator’s share of any recovery; parallel criminal actions; and more.
Each chapter concludes with detailed analysis of the strengths and weaknesses of significant cases for the realtor, the defense, the government, and the judiciary. This is a book that will help all parties understand and master the challenges of this important and growing field.
|
| |
Federal
Tax Litigation
Susan A. Berson
Federal Tax Litigation, written by a former
litigator for the Tax Division of the Justice Department, offers
an insider's perspective on the legal questions and the practical
considerations involved in handling a federal tax controversy
from start to finish -- audit, appeal, problems resolution office,
collection, and subsequent judicial proceedings --all in light
of the IRS Restructuring and Reform Act of 1998.
|
| |
Health
Care Fraud: Enforcement and Compliance
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
James Walker Smith
Hospital Liability investigates issues such
as HMO liability for medical malpractice; nonmedical liability;
liability for negligent ambulance service; which states permit
recovery for the wrongful death of a fetus; 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; liability
in the areas of blood services, bacterial infections, anesthesia,
radiology, surgery, autopsy, and donation; circumstances under
which a hospital can be liable 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; and 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. 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.
|
| |
| Back to top |
| |
| |
 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.
|
| |
| |
Elder Law and Financial Strategies: Planning for Later Life
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
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.
|
| |
| Back to top |
| |
| |
| |
|
