As case law exposes costly and needless drafting errors and as courts wrestle with applying a complex law to increasingly intricate deals, Hillman on Documenting Secured Transactions: Effective Drafting and Litigation aims to share best practices in documenting secured transactions within the broad legal framework and to maintain its role as the leading practical guide for attorneys drafting and litigating under Article 9 of the Uniform Commercial Code.
At AALL’s 2021 Virtual Conference in July, PLI raffled off a one-year membership to MasterClass. This year’s winner is Annie Mellott, acquisitions librarian at William M. Rains Library at Loyola Law School in Los Angeles. Annie graciously agreed to be interviewed about her career in law librarianship for this blog.
Tell us a little about yourself. Why did you become a librarian? I’ve always been drawn to learning and education throughout my own studies. While getting my MA in Religious Studies, I started working in the library. I realized it was a perfect fit for me career wise because it allowed me to be in an educational environment while helping the community of students, faculty, and staff during their own research projects.
What do you like most about your job as acquisitions librarian at Loyola Law School? I love working in the background of the library to provide everyone with what they need. It feels really useful to be able to make information accessible to our patrons so that they have the smoothest experience possible while at Loyola Law School.
Which PLI publication do you most frequently recommend to students and/or faculty? Honestly, I don’t do much recommending as an acquisitions librarian! We have the Loyola Immigrant Justice Clinic here and make sure to keep Fragomen on Immigration Fundamentals on standing order so it’s always available for their reference.
What did you think of this year’s conference? What was the highlight for you? I thought this year’s conference went really well. I’m impressed with the online format working pretty seamlessly and loved the pre-recorded sessions and transcripts that I could revisit. It was also fun visiting the vendors in a safe way this year. I do miss the social and networking opportunities an in person conference allows us, but I’m glad we could convene safely.
Trade Secrets: A Practitioner’s Guide discusses all aspects of protecting trade secrets. It provides sample forms, checklists, and trial testimony from actual cases. The treatise compares and contrasts trade-secret protection with other forms of intellectual property such as copyright, patents, and trademarks.
This release contains new discussions of the law of trade secrets and related topics. Highlights include:
Secrecy ended by disclosure: Updates to § 4:9.3 include coverage of Attia v. Google LLC, where the Ninth Circuit affirmed dismissal of a claim under the DTSA, finding that disclosure of the subject matter of a trade secret in a published patent application vitiated its trade secret status.
Security measures: Updates to § 4:13 include coverage of Inteliclear, LLC v. ETC Global Holdings, Inc., where the Ninth Circuit reversed summary judgment for the defendant in a trade-secret misappropriation case, disagreeing with the district court’s conclusion that insufficient secrecy was pleaded.
Ownership: New § 5:11 focuses on Advanced Fluid Systems, Inc. v. Huber, where the Third Circuit ruled that a contractor on a NASA project that possessed trade secrets but did not own them could bring a misappropriation claim. (Other issues in this case are covered in § 4:13 on security measures and § 13:3.7 on punitive damages.)
Wrongful means: New § 6:12 examines Compulife Software Inc. v. Newman, a case involving a misappropriation-by-use claim in which the Eleventh Circuit ruled, among other things, that a magistrate judge had erred in reasoning that the public availability of quotes on the plaintiff’s site automatically precluded a finding that scraping those quotes constituted misappropriation.
Identifying trade secrets with specificity: Updates to § 10:9.1 include discussion of TLS Management and Marketing Services, LLC v. Rodriguez-Toledo, an appellate decision addressing the plaintiff’s burden of establishing that a trade secret exists and the enforceability of nondisclosure agreements.
Unjust enrichment: Updates to chapter 13 include discussion of Epic Systems Corp. v. Tata Consultancy Services Ltd., where the court of appeals affirmed an award of unjust enrichment damages (see § 13:3.5) and found that the punitive damages award was justified by the evidence but unconstitutional in amount (see § 13:3.7).
Covering one of the most dynamic sectors of the asset management industry, Hedge Fund Regulation (Second Edition) is a comprehensive guide providing insight into the history, investment strategies, structure, management, and market activities of hedge funds. It addresses current regulatory concerns that impact these innovative investment vehicles, their managers, and investors.
This seventeenth release to the treatise updates it with the latest considerations in structuring, launching, and operating a hedge fund. Highlights include:
Chapter 4, Private Placement. Now discusses the recent adoption of new Rule 152 that contains a single safe harbor simplifying the integration framework for securities offerings under the Securities Act of 1933.
Chapter 18, Commodity Pool Operators and Commodity Trading Advisers. Adds discussion of amendments to CFTC Regulation 3.10(c) that provides a registration exemption for non-U.S. commodity pool operators (CPOs); new NFA Compliance Rule 2-50 requiring registered CPOs to notify the NFA upon the occurrence of certain events affecting a commodity pool operated by the CPO; and a new NFA requirement requiring Registered CPOs and Commodity Trading Advisers to adopt a written supervisory framework for outsourcing the performance of regulatory functions to third parties.
Chapter 26, Derivatives Markets Participants. Revisions including those addressing final CFTC regulations imposing capital requirements on swap dealers and major swap participants that are not subject to the capital requirements of a prudential regulator, and those governing real-time swaps public reporting, swaps regulatory reporting, and swaps data verification.
PLI launched the online journal the PLI Chronicle in September 2020 with a simple mission: to present engaging and timely discussions about the legal industry from a diverse range of perspectives. Chronicle editor Alyse Greer explains, “Since everyone offers value to their fellow industry associates, all legal and accounting professionals are encouraged to submit articles. The publication gives authors a platform to educate others and the freedom to write in their own voices.”
We compiled this “special edition” of the Chronicle from articles published in previous issues as a way to familiarize librarians with this new content type. The selection reflects what we identified as themes running throughout this year’s American Association of Law Libraries (AALL) conference: 1) Diversity, equity, and inclusion in the legal profession; 2) The future of legal technology, education, and research; and 3) Mental health for legal practitioners.
In the articles below, you’ll find wellness tips from an attorney who overcame depression and addiction; a two-part look into the Internet of Things and open source software; musings on the role of curiosity in fostering inclusion and diversity initiatives; and more. You don’t need a subscription to read these articles. Everything published in the Chronicle is available for anyone and everyone to read. All you need is a PLI account, which is both free and easy to set up.
Our hope is that this curated edition will enhance the conference experience and perhaps even inspire some of our colleagues in law libraries to publish with us.
Sincerely, Jennifer Fiore, J.D., M.A. Associate Legal Editor, Publishing and PLI Plus
This treatise is an expert guide to appellate litigation as it is practiced today. It covers all aspects of appellate practice, from issue preservation at trial to Supreme Court review, helping readers to: (1) plan an approach for handling an appeal from start to finish, (2) learn specific techniques and strategies for improving their written and oral advocacy, and (3) answer common procedural and technical questions.
For generalist litigators and inexperienced appellate lawyers, this book provides an invaluable introduction to modern appellate practice. For the experienced attorney looking to take his or her skills to the next level, leading appellate advocate Mark D. Harris and a team of expert litigators offer hard-won insights into doctrine, strategy, and technique.
Written in the engaging, thoughtful, and thorough style one would expect from top appellate practitioners, the book also includes practice tips, checklists, and excerpts from actual briefs analyzing the strategic choices of the authors as well as the mechanics of their written advocacy.
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.
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.
Bringing or defending commercial arbitrations requires a clear grasp of the latest developments in the field, a practical understanding of how the arbitration process works, and knowledge of how the courts interpret and enforce arbitration agreements and treat arbitral awards. And participating in an arbitration demands a distinctive set of skills, different from those learned in the courtroom.
Author/editor David Singer and his contributors—many of them arbitrators, and all of them deeply familiar with the arbitration process—provide the information and insights that will help readers master commercial arbitration. Citing hundreds of cases, as well as drawing upon the extensive experience of the contributors, this book addresses the strategies that lead to success.