Treatise Update – Commercial Ground Leases

Commercial Ground Leases (Third Edition) is a definitive guide to drafting, negotiating, and finalizing equitable, error-free leasing documents that address the needs of both landlord and tenant. It features adaptable, time-saving agreement language and contains numerous appendices, including forms of letter of intent, leasehold mortgagee protection clauses, intercreditor agreements, a complete ground lease with many alternative clauses, and more.

Highlights from the latest update (Release #15) include:

  • Chapter 1, The Truth About Ground Leases. New discussion covers the landlord as partner, including the considerations for tenant/developers and equity sources and institutional mortgage lenders. See section 1:8.
  • Chapter 1A, Preliminary Agreements and Letters of Intent. Discussion of a well-drafted letter of intent, which should include all the material points to which the parties have agreed and any significant deal points that are potential deal breakers or processes to resolve them. See section 1A:2.2.
  • Chapter 6, Leasehold Financing. New discussion of mezzanine financing, which has become a feature of commercial real estate for a variety of purposes, including budget shortfalls and short-term needs. See section 6:2.4.
  • Chapter 7, Bankruptcy. Updated to include discussion of Mission Product Holdings, Inc. v. Tempnology, LLC, 139 S. Ct. 1652 (2019), in which the U.S. Supreme Court held, “Rejection of a contract—any contract—in bankruptcy operates not as a rescission but as a breach” and “leaves intact the rights the counterparty has received under the contract.” See section 7:5.4.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

Happy National Library Week from PLI!

Greetings from our weekly department meeting.

It’s our favorite time of the year—National Library Week! We use this week to celebrate libraries and the people who work in them. As the team of librarians behind PLI PLUS, we are enormously proud to be apart of this innovative profession and grateful to get to interact regularly with our brilliant and dedicated counterparts at law firms, law schools, courts, and other organizations.

Ask a PLI Librarian…

In celebration of National Library Week, we’ve cleared our schedules and made ourselves available all week to answer any questions you may have about the electronic availability of titles on PLI PLUS, the online research database of PLI Press. Schedule a one-on-one session with a PLI librarian today!

New Edition! Product Liability Litigation

PLI Press is proud to announce the publication of the second edition of Product Liability Litigation: Current Law, Strategies and Best Practices.

This comprehensive treatise provides legal, technical, and strategic knowledge that can help maximize an attorney’s ability to prevail in consumer product liability cases. It covers trends in product claims and defenses, strategies for managing and resolving product litigation, and particular issues and tactics that can arise in different types of product cases. Chapters are written by lawyers who represent both plaintiff and defense perspectives.

The new edition is substantially revised and reorganized. In addition to fully updating chapters from the first edition on traditional areas of product liability litigation, the authors have added new content on cutting-edge product claims arising from the use of autonomous vehicles, vaping devices, cannabis products, blockchain technology and smart technology. There is also a new chapter on suing foreign defendants in the United States.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

What’s New on PLI PLUS

We add content to PLI PLUS every month to ensure our subscribers have access to the most up-to-date and relevant secondary source legal documents. Renowned legal experts regularly update our acclaimed Treatises, Course Handbooks, Answer Books, Transcripts, and Forms to reflect recent changes and developments in the law.

Click here to see what we added in March!

Treatise Update – Faber on Mechanics of Patent Claim Drafting

Faber on Mechanics of Patent Claim Drafting (Seventh Edition) spotlights proven claim drafting practices and techniques that have been firmly established by patent authorities and custom. This lucid, time-saving handbook offers readers start-to-finish directions for every type of claim, numerous tips on how to avoid common mistakes, definitions and preferred usage of stylized words and phrases in patent law, and more.

The latest release updates and expands this treatise with practical information and commentary on a variety of topics, including:

  • Software Inventions: New discussion of the Federal Circuit’s decisions in Tenstreet LLC v. DriverReach LLC, Uniloc USA, Inc. v. LG Electronics USA, Inc., Customedia Technologies, LLC v. Dish Network Corp., Ubisoft Entertainment, S.A. v. Oy, and Dropbox v. Synchronoss. See § 1:4.2[A].
  • Laws of Nature: New analysis of Illumina, Inc. v. Ariosa Diagnostics, Inc., a method of preparation case in which the Federal Circuit found a procedure that exploits natural phenomenon to be patent-eligible. See §§ 1:4.4 and 1:4.6.
  • Methods of Treatment: New commentary on CardioNet v. Infobionic in which the Federal Circuit has shown that diagnosis techniques involving improved devices or laboratory techniques may be patent-eligible. See § 1:4.6[A].
  • Preamble: New discussion of Shoes by Firebug LLC v. Stride Rite Children’s Group, LLC in which the Federal Circuit concluded that the “textile” preamble was not limiting because the body of the claim was a structurally complete invention without the preamble but that, in another patent, the preamble was limiting because the body of the claim recited footwear and cited the preamble for an antecedent basis for footwear. Also discussed is Bio-Rad Labs, Inc. v. 10X Genomics Inc. in which the Federal Circuit held that the preamble may not be divided into separate portions but must be read together as a whole. See § 2:4.
  • “Consisting essentially of”: New analysis of PPG Industries v. Guardian Industries Corp. in which the Federal Circuit said that, despite its indefiniteness, “consisting essentially of” has a definite meaning when used in the description of a composition that includes listed ingredients that follow the phrase. See § 2:6.
  • Order of Elements: A new section discusses challenging an obviousness rejection premised on the Burhans rule when the prior art does not teach of limitation of the claimed process. See § 3:21.
  • Use of “Means for” or “Step for”: New discussion of Fiber LLC v. Ciena Corp. and whether the definiteness requirement of section 112(f) is satisfied when a means-plus-function structure is incorporated by reference. See § 3:29.2.

Order a print copy today. PLI PLUS subscribers can access this title through their subscription.

Treatise Update – Circular 230 Deskbook

The Circular 230 Deskbook is an essential compliance resource for every tax professional who practices before the IRS, helping practitioners comply with complex Circular 230 amendments more easily — and avoid costly penalties and sanctions. This treatise was recently updated to include analysis of the latest developments in tax and estate law relating to IRS Circular 230 including the following:

  • Discussion of conflicting 2020 decisions on whether a penalty under section 6707A is void if the IRS notice designating the transaction as a listed one is issued without notice and comment in violation of the Administrative Procedure Act (Michigan) or if that argument can only be pursued in a refund action (Arizona) (See Chapter 1 and Chapter 3).
  • Examination of the difference between the “substantial authority” (having a 40% chance of success on the merits) and “reasonable basis” (where a taxpayer cannot be found negligent if its tax position has a 20% chance of success on the merits) standards under section 6694 (See Chapter 4).

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

New Title! Master the Proxy Statement

PLI Press is pleased to announce the publication of Master the Proxy Statement.

This standalone handbook  is a step-by-step guide to preparing proxy solicitation materials in compliance with the Securities Exchange Act of 1934, Regulation 14A, Schedule 14A, and all applicable federal securities laws and regulations. Like its counterparts Master the 8-K and Master the 10-K and 10-Q, this thorough book draws on the expertise of author Gary M. Brown to deliver clear explanations, detailed guidance and essential practice tips.

Order a print copy today. PLI PLUS subscribers can access this title through their subscription.

Other PLI Press Treatises by Gary M. Brown: