BNA Books
Canadian labour and employment law for the U.S. practitioner, 2d ed.
This resource for US legal practitioners and human resources professionals provides a general overview of Canadian labor and employment law. The focus is on the differences in rights, obligations, and procedures when labor and employment issues are encountered by US firms operating in Canada. The second edition covers legal developments pertaining to the disclosure of personal information about employees and discusses the recent inclusion of sexual orientation under Canada's laws prohibiting discrimination. The authors are affiliated with Canada's largest management-side labor and employment law firm. (Annotation ©2007 Book News Inc. Portland, OR)
Electronic and software patents; law and practice, 2d ed.; 2006 supplement.
Once again new technologies make for new law, or at least new interpretations and case law, and this supplement will help patent and intellectual property attorneys keep up with recent decisions and developments. Along with reviews of numerous claim construction cases decided after Philips v. AWH Corp. and ana analysis of LizardTech, Inc. v. Earth Resource Mapping, Inc., this covers deciding whether or not to seek patent protection, including recent trends and methods of searching software inventions, drafting and prosecuting an application in the US, including a guide for software cases, drafting and prosecuting international applications, understanding business method patents and design patents, and managing patent portfolios in business and litigation. (Annotation ©2007 Book News Inc. Portland, OR)
ERISA class exemptions, 3d ed.
Collects the class exemptions from the Employee Retirement Income Security Act of 1974 prohibited transaction rules that were proposed or granted before August 31, 2006. Descriptions of class exemptions include cross references to related individual exemptions and Department of Labor and other interpretations. The 57 entries reprint texts of the class exemption in its various stages as published in the Federal Register, as well as amendments and notices of correction. The third edition reflects the amended QPAM exemption, a new automatic rollover safe harbor, and a proposal to expand relief for securities lending. (Annotation ©2007 Book News Inc. Portland, OR)
The family and medical leave act; 2006 supplement.
This work begins with the history of the Family and Medical Leave Act (FMLA) and goes on to cover the responsibilities of employees and employers under the Act. It addresses the provisions of the FMLA, Department of Labor (DOL) regulations, case law developed under the FMLA during the years the Act has been in effect, and how FMLA rights are coordinated with other legal rights of employees. While each chapter is intended to stand alone as an explanation of a discrete FMLA area, cross references are provided where related issues are discussed. This 2006 supplement, the first supplement to The Family and Medical Leave Act, generally follows the organization of the main volume. It discusses case law and regulatory developments from August 2003 through December 2005. There is new material on the Chevron doctrine, the "no greater rights" test, the relationship between FMLA and ERISA, and interference claims. Appendices on state family and medical leave laws have been updated, and there is a new appendix on state laws mandating disability benefits. (Annotation ©2007 Book News Inc. Portland, OR)
The family and medical leave act.
Forty American legal experts contribute 11 chapters to a resource text for a range of practitioners, students, and sophisticated nonlawyers such as employees and employers, lawyers representing employees, unions and employers, and the courts. The text is current through June 30, 2003; several subsequent court of appeals decisions are also discussed. Coverage includes the history, structure, and administration of the FMLA; employer coverage; employee leave eligibility; employee entitlement to leave; length and scheduling of leave; notice and information requirements; pay and benefits during leave; restoration rights; interrelationship with other laws, employer practices, and collective bargaining agreements; interference, discrimination, and retaliation claims; and enforcement, remedies, and other litigation issues. The appendices contain the text of the 1993 FMLA and of the Dept. of Labor (DOL) FMLA Regulations; DOL FMLA forms, DOL Wage and Hour Division FMLA opinion letters; other agency documents; and a summary of state family and medical leave laws. (Annotation ©2007 Book News Inc. Portland, OR)
Intellectual property law in cyberspace; 2006 cumulative supplement.
Lawyers respectively in San Diego and Chicago, Albert and Laff discuss changes in the intellectual property law and its application to the Internet since Intellectual Property Law in Cyberspace was published in 1999. In addition to looking at specific cases and aspects, they also sketch the historical development of the Internet's legal and administrative institutions from the formation of the domain name coordinator and administrator and the Internet Corporation of Assigned Names and Numbers, to the creation of the Internet Governance Forum, which first met in Athens in autumn 2006. A separate section considers technologies involving the transmission of audio and video content over the Web. (Annotation ©2007 Book News Inc. Portland, OR)
Patents and the Federal Circuit, 8th ed.
This comprehensive volume provides information on current patent law through analysis of every US Federal Circuit patent case through 2006. It emphasizes substantive patent law, with a concentration on how those issues arise in infringement litigation. All Federal Circuit patent opinions reported by the Bureau of National Affairs through United States Patents Quarterly (Second), vol. 79 (and most in vol. 80) and any other key decisions are covered. The final two chapters look at the jurisdiction and judicial method of the Federal Circuit and its general jurisprudence. The appendix contains a statistical analysis of the court's validity and infringement holdings during its first five years of work. This edition has a revised chapter on claim construction that includes examination of the decision in Phillips v. AWH Corp.. Harmon is a former patent litigator and partner in an intellectual property law firm. He now works as an expert witness, special master, mediator, and arbitrator. (Annotation ©2007 Book News Inc. Portland, OR)
Prosecuting and defending health care fraud cases; 2006 cumulative supplement.
The 2006 supplement to Prosecuting and defending health care fraud cases completely replaces the three chapters on the Medicare reimbursement system, the Federal Food and Drug Act, and the charging decision. It also reprints the previously revised chapters on the anti-kickback statute, the advisory opinion process, and sentencing. Other chapter updates reflect case law through January 1, 2006. An appendix lists health care fraud settlements of at least $10 million since 1990. (Annotation ©2007 Book News Inc. Portland, OR)
The Railway Labor Act, 2d ed.; 2006 supplement (current through 2005).
Recent changes in the ways railways and especially airlines do business has caused new decisions from the National Mediation Board (NMB) on issues relating to labor practices. This supplement to the second edition of the primary volume, The Railway Labor Act, includes commentary on new rulings and interpretations along with summaries of the contents of the primary volume. This supplement therefore includes brief descriptions of the historical background of the Railway Labor Act (RLA) and its scope, along with commentary by labor, management and neutral parties on selecting a bargaining representative, judicial protection of employee rights, negotiation and enforcement of collective bargaining agreements and exercise of economic weapons. It gives recent interpretations of single carriers, employees, work transfers union to a non-union employment situations, and extensive coverage of the Allegheny-Mohawk merger case. (Annotation ©2007 Book News Inc. Portland, OR)
Trademark infringement remedies.
Banner compiles 13 chapters in this reference book for trademark practitioners, as a collaboration between the Section of Intellectual Property Law of the American Bar Association and the Bureau of National Affairs. The volume discusses trademark infringement remedies at the federal and state levels that may be available to a trademark owner. Coverage is of preliminary and permanent injunctive relief, plaintiff's damages, extraordinary circumstances for relief, corrective advertising, defendant's profits, attorney's fees, special enforcement remedies, remedies for counterfeit goods, and trademark infringement and unfair competition on the internet. Contributing authors are members of the Section of Intellectual Property Law. (Annotation ©2007 Book News Inc. Portland, OR)
Whistleblowing; the law of retaliatory discharge, 2d ed.; 2006 cumulative supplement (current through July 15, 2006).
The Sarbanes-Oxley Act changed not only ethical thinking about whistleblowing but the law as well, and the provisions it specified are still in the process of interpretation. This supplement includes coverage of significant DOL and federal court decisions such as Welch v. Cardinal Bankshares Corp. and Klopfenstein v. PCC Flow Techs, Inc. determining a refusal to stay reinstatement of a plaintiff pending appeal and interpreting the common law theory of agency, respectively. It also contains other numerous decisions by DOL administrative law judges, including whether summary judgment is available, and rulings on whether Sarbanes-Oxley applies to foreign employees of foreign subsidiaries working outside the US. Chapters also cover avoiding litigation or litigating whistleblower cases and a review of policy issues. (Annotation ©2007 Book News Inc. Portland, OR)
