LexisNexis is happy to announce that the following ALM/Law Journal Press treatises have recently released bringing the total number of available ALM treatises to 119:
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.
Elder Law and Financial Strategies: Planning for Later Life
Elder Law and Financial Strategies 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.
Telemedicine and E-Health Law
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.
Consumer Financial Services
The subprime crisis has spurred substantial class action and other litigation, as well as significant government enforcement activity. In addition, new financial services and the ongoing technological revolution have created a host of new questions. This comprehensive guide is designed to help you identify and deal with the full range of legal problems in this growing area.
Consumer Financial Services presents detailed analysis of every aspect of this important subject, including the impact of more than fifteen federal statutes--ranging from the Civil Rights Act of 1866 to the Fair and Accurate Credit Transactions Act--on the banking, insurance and real estate industries. The book not only explains the substance of the legislative requirements, but also examines enforcement activities, litigation issues and compliance considerations. It is an invaluable resource for anyone who advises or litigates on behalf of consumer financial services industry clients.
Securitizations: Legal & Regulatory Issues
Securitizations: Legal and Regulatory Issues is a much-needed guide to one of the most strategically important areas of structured finance. Written by over two dozen experts with hands-on experience, this timely and insightful work explains the benefits--and risks--of securitization, and the legal, tax, accounting, and other issues involved. It includes: detailed discussion of the assets that can be securitized; rating agency considerations; the legal structure of securitization transactions; tax consequences for issuers and investors; the effect of an issuer' bankruptcy; contractual restrictions; regulatory concerns; cross-border and future-flow transactions; financial guaranty insurance; insurance securitizations; and securitization issues unique to specific foreign countries. For newcomers to the field, Securitizations: Legal and Regulatory Issues quickly brings you up to speed. For the experienced practitioner, it serves as an essential companion and reference as new techniques arise and new markets emerge.
Computer Law: Drafting & Negotiating Forms & Agreements
In Computer Law: Drafting and Negotiating Forms and Agreements you will find discussions of such key topics as: hardware acquisition, financing and maintenance; software licensing, development and maintenance; antitrust law; copyright, patent and trade secret protection of software; the Internet and electronic communications; domain name registration; the computer contracting process; outsourcing; resellers; software publishing; work for hire; electronic fund transfers; the status of source codes under bankruptcy; and litigating computer actions, including the use of expert witnesses.
Information Security Law: Controls of Digital Assets
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 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.
Anatomy of a Merger: Strategies and Techniques
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.At the outset, the author explores the fencing for position that goes on during preliminary negotiations, when many of the basic issues vital to the deal are resolved. Later chapters analyze: the basic acquisition agreement; bargaining techniques applicable to substantive issues such as purchase price, representations and warranties, and indemnification; and employment contracts. The author also examines the period between signing and closing--a time when things can and do go wrong.
Negotiating and Drafting Contract Boilerplate
Negotiating and Drafting Contract Boilerplate educates lawyers and business professionals on the underlying rationale and importance of boilerplate language. Each chapter tackles a different contractual provision, over twenty 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 best-selling book will give you a competitive edge--and a new understanding and appreciation of language you've seen countless times.
Class Actions: The Law of 50 States
Class Actions: The Law of 50 States is an up-to-date step-by-step guide to identifying a potential class action; determining ex parte class certification; conducting pre-certification discovery; selecting a proper class representative; preparing pleadings and pre-certification motion papers; responding to motions and counterclaims; fulfilling requirements for class certification; delivering timely and proper notice to class members; pursuing the case through discovery and trial, or settling the case and winning the court's approval; and satisfying the rigorous guidelines governing fee awards.
Structured Settlements and Periodic Payment Judgments
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.
Structured Settlements and Periodic Payment Judgments brings you the historical underpinnings, latest case law and statutory developments. It also provides numerous sample forms, including settlement forms, jury verdict forms, privacy waivers, offer letters, interrogatories, document requests and an attorney fee agreement, as well as ratings for life insurance companies and lists of companies that provide periodic payments.
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.Hospital Liability analyzes theories of liability for the abuse and neglect of nursing home residents as well as the use of class action lawsuits to improve conditions. This timely book also includes coverage of: Modified Uniform Rights of the Terminally Ill Act for removal of life support, nutrition and hydration; the Emergency Medical Treatment and Active Labor Act (EMTALA); a report by the Institute of Medicine on improving the safety of medical treatment; expansion of HMO liability; employment issues for hospitals, including discrimination against disabled persons and sex discrimination; whether a defendant can be his own expert witness; expert testimony on the general practitioner standard of health care; Good Samaritan statutes and medical emergencies; the effect of "AIDS Phobia" on patients and physicians; and the duty of the medical provider to disclose an economic or personal interest in a recommended procedure.
Health Care Benefits Law
Health Care Benefits Law explains how current laws affect the design and day-to-day administration of health care plans. It also helps you identify--and deal with--hidden areas of liability. You'll find detailed coverage of such topics as: ERISA reporting and disclosure requirements; negotiating ASO (Administrative-Services-Only ) contracts; tax treatment of health benefits; auditing utilization review; health and welfare benefit plans and ERISA fiduciary requirements; managed care liability; COBRA (including all the sample notices and forms that an employer needs to comply effectively); Medicare Secondary Payer issues; provision of benefits by professional employer organizations (PEOs); the Americans with Disabilities Act; the Health Maintenance Organization Act; HIPAA; the Family and Medical Leave Act; health care and employee benefit provisions of the 2005 Bankruptcy Act; the Tax Relief and Health Care Act of 2006. 2011 First Published in 2001
Federal Tax Litigation
Federal Tax Litigation 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. 2011. First Published in 2001
REITs: Mergers and Acquisition
Covering both fundamental and advanced issues, the authors discuss: structural considerations, directors' duties, documenting the deal, financing, tax considerations, friendly and hostile transactions, defensive techniques and the processes for selling or taking REITs private. REITs: Mergers and Acquisitions provides essential discussion of how the customs of corporate and real estate transactions differ and how conflicts involving letters of intent, due diligence, exclusivity periods and contingencies to the deal can be resolved
Business Immigration Law: Forms and Filings
Business Immigration Law: Forms and Filings is a comprehensive guide to choosing the correct nonimmigrant work authorization category and applying for it efficiently and without error. It provides examples and explanations not only of straightforward situations, but also of the variations that might affect student and business visitors, treaty traders and investors, NAFTA professionals, specialty occupation workers, temporary nonagricultural workers, and others.Coverage includes discussion of every stage of the application process: obstacles and solutions to consider before filing; completed sample forms; support letters; supporting document checklists and filing instructions; guidance on applications for initial status, extension, amendment and change of status; the needs of dependent family members; and detailed guidance on post-9/11 visa requirements.
The Law of Advertising, Marketing and Promotions
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. Topics covered include: statutes, regulations, and case law; industry rules such as television network and Children's Advertising Review Unit (CARU) guidelines; false advertising claims and defenses; consumer surveys; intellectual property infringement, fair use and trademark dilution; direct marketing, sweepstakes, and contests; keywords, pop-ups and other online ads; rules for special products and industries; pros and cons of litigation in various fora; remedies; and more.
Sources can be found throughout LexisNexis under Secondary Legal/ALM or News/Featured Content or Area of Law by Topic/Treatises. They can also be found easily by using "Find a Source" and typing in the name of the treatise.
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