New
Releases
 Misrepresentation in the Life, Health, and Disability Insurance Application Process: A National Survey
Insurers have a right to require that those applying for insurance will truthfully answer all questions contained in their application, and they rely on the statements made by an insurance applicant. But what happens when an application for life, health, or disability insurance contains misrepresentations or intentional concealments?
This comprehensive publication provides practitioners in the area of life, health, and disability insurance with a national survey of each of the fifty states, the District of Columbia, and the federal circuits regarding misrepresentations in applications as well as the applicable case law interpreting relevant statutes and developing the common law regarding misrepresentations. In addition, the publication will address the evolving issues related to misrepresentations in the context of the Employee Retirement Income Security Act ("ERISA").
Whether you represent insurers or insureds, you will find that the book covers the full gamut of issues arising in the application process, including what constitutes a misrepresentation, how a policy is appropriately rescinded, and the defenses that may be raised to contest a decision to rescind a policy.
The book is organized by jurisdiction and addresses how state common law and statutes address misrepresentations in the life, health, and disability insurance application context. In addition, there is a chapter for each federal circuit that provides an overview of misrepresentations in the context of an employee welfare benefit plan governed by ERISA.
The important book will be a useful tool for any practitioner, whether representing an insured, an insurer, or in-house counsel. If you deal with life, heath and disability insurance, this book will be an essential and important addition to your library.
 Intellectual Property Law and Litigation: Practical and Irreverent Insights
This irreverent but amusing and informative book is a combination of actual courtroom experiences as well as discussion of intellectual property law and litigation principles. The book is written for intellectual property practitioners, including prosecutors and litigators, and also in-house corporate counsel and people in business who may not actually practice intellectual property litigation but who employ intellectual property litigators. In short, anyone who needs to be conversant with the fundamental principles and language of intellectual property law will benefit from--and enjoy--this book.
The author, Edward F. O'Connor, has written two prior ABA best-sellers, including Intellectual Property Law and Litigation. Because intellectual property law is so detailed, and there are so many aspects to intellectual property law in general, this book seeks to provide a fundamental overview of the kinds of issues and problems that people encounter regarding intellectual property in the real world of business and litigation.
This book discusses the principles of law in the context of cases that O'Connor has actually tried or in which he has been involved--providing a real-world framework to make the principles easier to understand and remember. The book also contains O'Connor's personal views on cases and the law.
Included in the book is:
Section 1: Antitrust and Other Anticompetitive Litigation
Antitrust Law, Antitrust Law and Litigation; What Happened to Independent Ink on Appeal to the CAFC?; The Next Chapter In the Independent Ink Saga--The War Between the States; Where Does Antitrust Tying Stand Today, Patent and Copyright Misuse, Tortious Interference, Trade Libel, and much, much more.
Section 2: Patents
Patents; Discovery; Attorney-Client Privilege; Notes and Record; Court Versus Jury; Expert Witness; Infringement; Doctrine of Equivalents; Claim Interpretation; Prior Public Use; Reexamination; Inequitable Conduct; Continuations, Divisions, and Continuations-in-Part; What Can I Get (or Lose) in a Patent Case; Reasonable Royalties in Litigation; Treble Damages and Attorney's Fees; Statute of Limitations; Patent Infringement, Tortious Interference, Unfair Competition, Injunctions and much, much more.
Section 3: Trademarks
Trademarks, Service Marks, and Unfair Competition; Trademark Infringement; Trademark Infringement Damages; Trade Dress Infringement; Regional Trademarks and Common Law Trademarks; Unfair Competition; and much more.
Section 4: Copyrights
Copyrights; Other Things You Need to Know About Copyrights; Potential Pitfalls; Cybersquatting and more.
Section 5: International Trade Commission
The International Trade Commission; Enforcement Proceedings; How Do You Defend an Enforcement Proceeding and much more.
Section 6: Miscellaneous
The Digital Millennium Copyright Act ; License Agreements Regarding Standing to Sue; The Biggest Loopholes in Intellectual Property Litigation; Design Patents, Copyrights, and Trademarks; Caveat; Insurance; Rule 11 Sanctions; The Gag Factor: Costs, Expenses, and Attorney's Fees; The State of Our Judiciary; Checklist of Causes of Action and much more.
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Best Sellers
 Litigating Animal Law Disputes: A Complete Guide for Lawyers
Animal law is an emerging field that encompasses a variety of legal disciplines. Today more and more lawyers are entering into this field or finding they have cases that deal with animal law. This comprehensive guide is for lawyers who may be unfamiliar with the various laws in the field of animal law and require a basic guide to handling these cases.
The book covers every major aspect of private civil and criminal litigation of animal law disputes in the areas of tort, contract, property, insurance, and criminal law. In the fifteen chapters of this book, you'll find valuable information and cases dealing with topics like personal injury and negligence, disputes over animal possession; wills and trusts involving animals; veterinary malpractice; insurance litigation; federal cases and Constitutional rights; animal ownership and land use rights; criminal cases; and more. There is even a chapter covering practical matters for lawyers handling animal cases, including fee agreements, discovery techniques, preparing your client, settlements and collecting judgments. The book also provides sample litigation documents, such as pleadings, discovery materials, expert information, and more. It's the complete resource for any lawyer who, sooner or later, will deal with a case of animal law.
 The Law of Performance Bonds, Second Edition
This updated and greatly expanded Second edition is written for the experienced and novice practitioner alike, and covers the major issues relating to the performance bond. The book is now almost twice the size of the previous edition, and begins by discussing the fundamentals of a suretyship relationship and how it is created. All issues pertaining to a default situation are analyzed, including what constitutes a default, notice requirements, and the rights of a surety upon default.
Separate chapters are devoted to the surety's right to contract balances and the remedies that are available under the General Indemnity Agreement. The book also discusses in detail obligations and liabilities of the surety, which obligations arise from contract or are "extracontractural" in nature. Authors identify the rights and remedies of principals and indemnitors against the surety, and provide a comprehensive review of the defenses that are available to the surety in response to such claims.
The guide also contains chapters on litigation issues, such as venue and statute of limitations; the impact of arbitration clauses upon the surety; and issues that affect the surety in the event of a bankruptcy proceeding filed by the principal or indemnitor. Experts discuss issues that are the subject of recurring litigation, including challenges by third parties to a surety's right to contract balances; the use of the "strong-arm" provisions of the General Indemnity Agreement against recalcitrant principals or indemnitors; allegations of bad faith; and how to avoid the potential minefield presented by bankruptcy proceedings. The guide includes a comprehensive discussion of the most current cases addressing these and other performance bond issues, and represents the most comprehensive and up-to-date treatment of performance bonds available anywhere.
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