New Books: Law Practice

Biosimilars Litigation and Client Counseling is a guide to the field of biologic products and biosimilars, as well as the laws governing them - most notably the Biologics Price Competition and Innovation Act. This guide is instructive to patent attorneys practicing in this field, judges that are assigned cases involving these products and related patents, and managers of pharmaceutical companies that design biologic or biosimilar products or are considering entering this market. It describes the statutory and regulatory framework for applying for and receiving a biologic and biosimilar application, and it provides an in-depth analysis of the legal processes and challenges that come with it. Legal counsel will find practice strategies and tips from the country's top litigators that provide valuable insight into this developing area of law. This includes guidance on what the biosimilar application process looks like, how to navigate certain questions and pitfalls that are likely to arise during the litigation process, and how to best serve a client that is involved with biologics. Judges will appreciate this book as a quick reference to the Biologics Price Competition and Innovation Act which will likely be governing the lawsuit related to biologics that is before them. This includes a walkthrough of typical litigation and summary of the relevant statutes and regulations that will be involved. Judges will also have a guide to the common disputes that arise in these cases and an understanding of how they have been decided. Managers or other decision-making members of a pharmaceutical company will also enjoy this book as a reference when strategizing a patent portfolio or what to consider when designing a biosimilar product, as well as benefiting from the deeper understanding of the legal process that this book provides.

The Case for Eyewitness Identification Reform is divided into five chapters. Chapter 1 lays out the existing eyewitness identification practice in most jurisdictions. Chapter 2 sets forth the law governing eyewitness identification admissibility, as embodied primarily by Manson v. Brathwaite, and how juries are instructed regarding eyewitness identification evidence that is admitted at trial, as embodied primarily by Telfaire v. United States. Chapter 3 lays out what we currently know about memory and perception, insofar as they relate to eyewitness identification. Chapter 4 examines criticisms of Manson and Telfaire, in light of what we know about perception and memory, and outlines past attempts at reforming this body of doctrine to achieve strong deterrence and reduce the number of wrongful convictions. Chapter 5 sets forth the system and estimator variables and makes the case for three-pronged approach to reform outlined above: i.e., barring identification evidence that is either (1) obtained by suggestive means taking into account all system variables or (2) whose probative value does not substantially outweigh its prejudice when taking into account both system and estimator variables, and further (3) instructing juries to consider both system and estimator variables, insofar as they are implicated by the evidence.

In the legal profession, the pursuit of justice often comes at a cost - a toll on the mental health and well-being of lawyers. Burnout, depression, and elevated rates of anxiety are critical issues affecting the legal community. This book explains why this is happening and what lawyers can do to manage the stress and anxiety which is endemic in the legal profession. This book offers a holistic approach to a solution for lawyers. Every lawyer is different and there is no "one size fits all" solution. In addressing a mental, emotional, physical, and spiritual approach, every lawyer can find what works for them. By focusing on neurological causes and solutions, lawyers are given tools that have been reserved for mental health professionals. This is a system that was designed for attorneys; however, it has been successfully applied in many different professions. This book serves as a wake-up call to the legal profession, shedding light on the concerning rates of burnout, depression, anxiety, and suicidal thoughts among lawyers. By understanding the real causes, implementing strategies for a healthier work environment, cultivating resilience, seeking support, and advocating for change, we can transform the legal profession into a more compassionate, supportive, and mentally healthy community. This book suggests that attorneys must do more than just change their behavior, they must change their minds. It is imperative for lawyers to understand that the mental and emotional health issues they face are not the result of weakness or failure. It is the result of poor training. This book provides the training they need to shift their perspective of the challenges of practicing law. While Covid was a catalyst for stress, anxiety, and burnout, it also has highlighted the need for change. This book provides that change.

This title analyzes the law governing all major steps in the criminal justice process, beginning with investigation and ending with post-appeal collateral attacks. The coverage is comprehensive, including federal and state statutes and court rules and descriptions of practice as well as constitutional limitations, with an emphasis upon those issues deemed most significant in the case law and literature. Because of their special importance, leading Supreme Court opinions are given in-depth treatment. All Hornbook sections are cross-referenced to comparable sections of the authors' 7-volume Criminal Procedure treatise (readily available on Westlaw database CRIMPROC) containing more detailed analysis and citations to additional supporting authorities.

This compact reference gives a big picture overview of the intellectual property, contract, publicity, estate planning, and First Amendment issues that contribute to the field of entertainment law. Professor Burr also addresses specific legal issues that arise in the film, music, television, and videogame industries, including the potential impact of AI: Artificial Intelligence on creative output. This Nutshell is ideal as a secondary text to accompany any entertainment law casebook, as the primary text for a seminar, or as background information for someone requiring an overview.

Farber's Environmental Law in a Nutshell provides an up-to-date foundation for understanding environmental law. Expert text includes coverage of the full range of environmental issues, from climate change and air pollution, to waste disposal and wetlands. Surveys the many statutory and common-law regulations shaping the world in which we live.

With 27 countries and nearly 450 million people, the European Union (EU) is a unique intergovernmental organization. It has one of the world's largest economies that depends on an internal market with vigorous competition. This book outlines basic principles of EU law including the its history, its institutions, the sources of its law, and the operation of the internal market. It provides an in-depth study of the treaty articles, Court of Justice jurisprudence and secondary legislation that governs competition (antitrust) law.

This Nutshell covers the history and growth of the European Union including BREXIT and Beyond. The EU's legislative procedures, litigating EU law, and the jurisprudence of the European Court of Justice are explored and explained. Free movement of goods, services, people (including mass migration), capital and technology, the EURO in crisis, and extensive internal Union policies are detailed. This Nutshell also examines EU international trade, foreign investment, and business competition (antitrust) law. New coverage includes the EU Artificial Intelligence Act, the EU Digital Services and Digital Markets Acts, the recent U.S.-EU Data Privacy Framework Agreement, BREXIT's measurable impacts, and EU defense responses to Russia's invasion of Ukraine, particularly regarding NATO.

Nearly all of the aspects of federal antitrust policy are covered in this treatise. And it's written so you don't need a background in economics to understand it. Expert narration states the "black letter" law and presents policy arguments for alternatives. Text also includes an analysis of recent Supreme Court and lower-court decisions.

A vital resource for all lawyers, this book is a collection of published ethics opinions from the American Bar Association Standing Committee on Ethics and Professional Responsibility issued from 2013-2023. Founded in 1908, the ABA's Ethics Committee has focused its efforts on the development of model national ethics standards for lawyers and the judiciary. Since 1922 the committee has issued Formal Ethics Opinions interpreting and applying those standards. This collection contains 47 opinions (462-508) and includes discussion of the application of the Model Rules of Professional Conduct in regard to a variety of topics.

"Most of what makes a lawyer a star involves smart choices, hard work, and the ability to relate to people. You also need skills to succeed in a law firm that you probably did not learn in law school. You can develop those skills, and this book can help you." So says James J. McDonald, Jr., author of How to Be a Star Associate: A Guide to Excelling in Your Early Legal Career. Applying lessons learned during his forty years of law practice, and from hiring, training and mentoring dozens of lawyers, McDonald shows new lawyers and lawyers-to-be how to survive and thrive in today's larger law firms. From picking the right firm, to getting the job, to learning the craft of practicing law, to finding the right mentors, to learning how to write persuasively, to going to court, to managing the workload to stay busy without becoming overwhelmed, this book covers all of the basics of law firm associate life. It also shows lawyers how to provide five-star client service in a two-and-a-half-star world, how to hone their client development skills in the "internal marketplace" in their law firm, and how to be thinking about business development from day one. This book provides a practical guide for lawyers who hope someday to become successful partners in their law firms.

This book has two parts. The first part begins by addressing why leadership development and training are essential in preparing lawyers for the roles and responsibilities they will have in their careers. The following six chapters describe The Five Practices of Exemplary Leadership®, providing qualitative and quantitative evidence of how these leadership practices improve personal and organizational productivity and stature. This operational system for leadership forms an accessible and practical basis for learning to lead and becoming the best leader you can be. The five chapters in the second part address the context in which lawyers exercise leadership. For example, thinking about leading in client relationships, in internal relationships (such as within the law firm or corporate legal office), and public roles. Examined are vital issues regarding client development ethics, effective decision-making, building emotional intelligence, diversity, equity and inclusion, and handling conflicts and adversity. In the Afterword, we focus on developing and adopting a leadership development mindset necessary for leading in challenging times. We also offer perspectives on how to be a lawyer leader who positively impacts the legal profession and the world.

Covering both the principles and practice of Alternative Dispute Resolution (ADR), this important new textbook equips students not only with a contextual understanding of the role of ADR in adjudicating civil disputes but also with the different forms of mediation and ADR available and the key issues in their application. Providing theoretical and practical insights, the book begins with a critical examination of the tenets on which ADR is based, where it sits in relation to civil law, and how it is applied in different national contexts. It discusses the various areas in which mediation or arbitration can be applied, from family mediation to restorative justice, and includes chapters on the ethics of mediation and its psychology, as well as an introduction to online dispute resolution (ODR). The concluding chapter offers some thoughts on the benefits and challenges of mediation. Featuring a glossary of key terms, detailed case law, end-of-chapter problem questions, and advice around listening skills during a mediation process, Mediation and other forms of Alternative Dispute Resolution is an essential textbook for any student approaching ADR for the first time and offers practitioners an opportunity to reflect on the context of ADR.

Public Health Law in a Nutshell, 5th Edition provides a core assessment of the critical role of law in America to protect communal health. As examined throughout the text, the field of public health law encompasses constitutional powers, legislative authorities, and extensive regulations in promotion of public health and safety. It also features legally-supported efforts contravening these objectives, leading to underlying tensions and difficult balances. The 5th Edition of the Nutshell addresses public health law issues, broadly defined, within a modern framework undergirding law as a premier tool for improving health outcomes. Updated to reflect key developments through July 2024, the Nutshell's 12 chapters and 150+ graphics, illustrations, and figures examine definitive legal issues and core public health powers to prevent and control communicable and chronic conditions, as well as limit avoidable injuries and deaths. Legal routes and options countering other public health threats, including tobacco and alcohol use, guns, vehicles, and defective products, are also explored. Later chapters of the Nutshell focus on key legal issues related to public health information surveillance and privacy, commercial speech regulation, the built environment, and emergency legal preparedness and response. Chapter 12 centers on the dynamic legal and policy issues implicated during the multi-year COVID-19 pandemic. A "nutshell like no other," this edition is a go-to resource for legal or public health practitioners, law- and policy-makers, regulators, judges, and college or graduate students in schools of law, public health, medicine, or other disciplines seeking to comprehend these issues as part of their coursework or research interests.

This edition of Public International Law in a Nutshell remains a concise yet accurate summary of the field of public international law, covering its basic structure, sources, actors, and procedures, and key subject matter areas, such as human rights, the law of the sea, international environmental law, use of military force, and U.S. foreign relations law. This edition, which is intended to be helpful for students, scholars, and practitioners alike, is fully updated to include recent treaties, practice, institutions, and International Court of Justice decisions.

National Bestseller "A powerful and important picture of how mega law firms distort justice."--David Cay Johnston, Washington Post The NYT's Business Investigations Editor reveals the dark side of American law: Delivering a "devastating" (Carol Leonnig) exposé of the astonishing yet shadowy power wielded by the world's largest law firms, David Enrich traces how one firm shielded opioid makers, gun companies, big tobacco, Russian oligarchs, Fox News, the Catholic Church, and much of the Fortune 500; helped Donald Trump get elected, govern, and evade investigation; masterminded the conservative remaking of the courts . . . and make a killing along the way. In his acclaimed #1 bestseller Dark Towers, David Enrich presented the never-before-told saga of how Deutsche Bank became the global face of financial recklessness and criminality. Now Enrich turns his eye towards the world of "Big Law" and the nearly unchecked influence these firms wield to shield the wealthy and powerful--and bury their secrets. To tell this story, Enrich focuses on Jones Day, one of the world's largest law firms. Jones Day's narrative arc--founded in Cleveland in 1893, it became the first law firm to expand nationally and is now a global juggernaut with deep ties to corporate interests and conservative politics--is a powerful encapsulation of the changes that have swept the legal industry in recent decades. Since 2016, Jones Day has been in the spotlight for representing Donald Trump and his campaigns (and now his PACs)--and for the fleet of Jones Day attorneys who joined his administration, including White House Counsel Don McGahn. Jones Day helped Trump fend off the Mueller investigation and challenged Obamacare. Its once and future lawyers defended Trump's Muslim ban and border policies and handled his judicial nominations. Jones Day even laid some of the legal groundwork for Trump to challenge the legitimacy of the 2020 election. But the Trump work is but one chapter in the firm's checkered history. Jones Day, like many of its peers, have become highly effective enablers of the business world's worst misbehavior. The firm has for decades represented Big Tobacco in its fight to avoid liability for its products. Jones Day worked tirelessly for the Catholic Church as it tried to minimize its sexual-abuse scandals. And for Purdue Pharma, the maker of OxyContin, as it sought to protect its right to make and market its dangerously addictive drug. And for Fox News as it waged war against employees who were the victims of sexual harassment and retaliation. And for Russian oligarchs as their companies sought to expand internationally. In this gripping and revealing new work of narrative nonfiction, Enrich makes the compelling central argument that law firms like Jones Day play a crucial yet largely hidden role in enabling and protecting powerful bad actors in our society, housing their darkest secrets, and earning billions in revenue for themselves.

Learn to become a great writer and master modern grammar rules with the U.S. Supreme Court justices as your guide. In The Supreme Guide to Writing, law professor Jill Barton cuts through competing advice to detail definitive grammar rules based on the nation's unequivocal authority: the U.S. Supreme Court. The book details a revolution in legal writing, with the justices progressing beyond the drab and technical for the deft and lyrical. With the first-ever analysis of 10,000 pages of Court opinions, the book pinpoints grammar and style rules that the justices follow--and describes the outdated rules they leave behind. Today's Court casts aside formality in favor of pop-culture references, contractions, and approachable language. In addition to establishing grammar and style rules, the book illustrates best practices with hundreds of examples of the justices' most brilliant sentences from the past several years. With step-by-step instructions, the book describes how to emulate the justices' writing styles by breaking down their strategies and techniques. It shows how Justice Elena Kagan lands amusing quips and weaves together down-to-earth analogies, how Justice Neil Gorsuch executes witty retorts, and how Chief Justice John Roberts pens unforgettable lines with understated style and humor. The best writing appears effortless, but it also takes tremendous effort. Legal writing even more so. The Supreme Guide to Writing provides a nonpartisan look at how the justices present their words to the world.

Trade Secret Law is the first and only book in the Nutshell series to cover trade secret law in depth. It was written as a companion to Cases and Materials on Trade Secret Law by Rowe and Sandeen (the first casebook on trade secret law), but adds more practical advice. Thus, it is a useful resource for attorneys and law students alike. It could be a supplement to a course on trade secret law or an IP survey course that covers trade secret law, as most now do. Like the casebook, it focuses on the predominate state law governing trade secrets in the U.S.: The Uniform Trade Secrets Act (now applicable in 49 of 50 states), as well as the federal Defend Trade Secrets Act of 2016 (DTSA). This Nutshell addresses both international and criminal enforcement of trade secret rights. The Third Edition has been expanded and includes significant legal, legislative, and administrative developments, as well as recent cases applying and interpreting the DTSA.

No lawyer or business operating in North America can escape the significance of the USMCA. This Nutshell introduces students, lawyers, government officials, and businesspersons to the law and economics of North American free trade. It first examines the basic question: Why trade at all? The origins, rules, operation, and impact of the Canada-U.S. FTA (1989) and the NAFTA (1994), USMCA's influential predecessors, follow. Notable trade, intellectual property and foreign investment developments under the 2020 USMCA agreement, and their impacts upon business, are specifically explored. In preparing this Nutshell, we have attempted to address the interests not only of North Americans, but also the many persons and businesses located outside the region who seek to take advantage of the USMCA.