New Practice Information

Protecting Software
Software is a unique technology in that it comprises rights that are protectable under copyright law, patent law, and trade secret law. These multiple protections arise because software can be both a work of authorship as well as a business process. Do all three laws provide equal protection? Read on to find out.
Excerpted from A Practical Guide to Software Licensing for Licensees and Licensors, 2nd edition

Emergence of Third Party Liability Issues
Professionals such as lawyers, accountants, architects, engineers, and appraisers owe a primary duty of care to their clients and are liable for breach of duty. Increasingly, however, professionals are being held liable for breach of duties owed to third parties—to persons other than clients. Consider these examples.
Excerpted from Professional Liability to Third Parties, Second Edition

First Be a Skeptic; Then Be an Advocate
An inventor’s view of the breadth of his or her invention may be overly optimistic. This phenomenon is particularly common with the nonprofessional, armchair inventor who brings to his or her lawyer only the very broad idea because the inventor does not have the engineering skills to design an embodiment. How should the lawyer react?
Excerpted from Invention Analysis and Claiming: A Patent Lawyer’s Guide

Defining “Qualified Immunity” in § 1983 Litigation
Qualified immunity may well be the most important issue in §1983 litigation. It is very frequently asserted as a defense to § 1983 personal capacity claims for damages. In fact, courts decide a high percentage of § 1983 personal capacity claims for damages in favor of the defendant on the basis of qualified immunity. But how is qualified immunity defined?
Excerpted from Sword and Shield, Third Edition: A Practical Approach to Section 1983 Litigation

Keys to Understanding the Needs of Clients and Prospects
In addition to asking clients and prospective clients the right questions in the right way, you must be able to hear the answers—in all their manifold meanings. This requires active, empathic listening that picks up on the nuances of the conversation—the implicit as well as the explicit content. Read on for more information.
Excerpted from The Lawyer’s Field Guide to Effective Business Development

What You May Not Say in Closing Argument
Closing argument is among the most critical parts of any trial. Done well, it can complete the stage for jury deliberations and a verdict that is favorable to your client. Done poorly, it can be a fatal blunder—a missed opportunity to make at least some jurors feel compelled to argue and vote for your client’s position. As you craft your closing, you need to remember that there are some things you cannot do or say. For example.
Excerpted from The Litigation Manual: First Supplement

New Books

Antitrust Law Developments, Sixth Edition
ABA Section of Antitrust Law

The Attorney-Client Privilege and the Work-Product Doctrine, Fifth Edition
ABA Section of Litigation

ERISA Survey of Federal Circuits
ABA Tort, Trial and Insurance Practice Section

An Estate Planner's Guide to Buy-Sell Agreements for the Closely Held Business, Second Edition
ABA Section of Real Property, Probate and Trust Law

The Family Lawyer's Guide to Stock Options
ABA Section of Family Law

Invention Analysis and Claiming: A Patent Lawyer’s Guide
ABA General Practice, Solo and Small Firm Division

The Litigation Manual: First Supplement
ABA Section of Litigation

Managing and Litigating the Complex Surety Case
ABA Tort, Trial and Insurance Practice Section

The New Bankruptcy Code, Second Edition
ABA Section of Business Law

A Practical Guide to Medicare Appeals
ABA Health Law Section

A Practical Guide to Software Licensing for Licensees and Licensors, Second Edition
ABA Section of Business Law

Coming Soon!

Access to Government in the Computer Age: An Examination of State Public Records Law
ABA Section of State and Local Government Law

The Corporate, Securities and M&A Lawyer’s Job: A Survival Guide
ABA General Practice, Solo and Small Firm Division

The Creative Lawyer: A Practical Guide to Authentic Professional Satisfaction
ABA Publishing

Garner on Writing and Language
ABA Publishing

In-House Counsel’s Essential Toolkit
ABA Section of Business Law

Intellectual Property Deskbook for the Business Lawyer
ABA Section of Business Law

The Law Firm Associate’s Guide to Personal Marketing and Selling Skills
ABA Law Practice Management Section

The Little Green Book of Golf Law
ABA Publishing

MacCarthy on Cross-Examination
ABA Publishing

Selling Products and Services and Licensing Software Online
An Interactive Guide with Legal Forms and Commentary to Privacy, Security and Consumer Law Issues
ABA Section of Business Law

Street Legal: A Guide to Pre-trial Criminal Procedure for Police, Prosecutors, and Defenders
ABA Criminal Justice Section

Superseding and Staying Judgments: A National Compendium
ABA Tort, Trial and Insurance Practice Section

Thinking About Terrorism: the Threat to Civil Liberties in a Time of National Emergency
ABA Publishing

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Being an ABA member entitles you to a discount on many of our books, but also to many other goods an services. To find out more, please visit the ABA Member Advantage website.