Category Archives: PLI Press

New Edition! Federal Bail and Detention Handbook 2019

We are pleased to announce that the Honorable Evelyn J. Furse, a United States Magistrate Judge for the District of Utah, at Salt Lake City, joins as Co-Author of Federal Bail and Detention Handbook.

Federal Bail and Detention Handbook 2019 provides up-to-date and accessible coverage of developments under the Federal Bail Reform Act of 1984. Among the important recent cases discussed in this edition are:

A Second Circuit case in which the court approved the pretrial release of an alleged leader of organized crime under conditions that included home detention with monitored video surveillance and (over defendant’s objection) the posting of armed guards, at defendant’s expense. Section 5:5, Other Conditions Courts Can Impose.
A Sixth Circuit case that found that while the district judge could release the defendant pretrial and presentence under the Bail Reform Act, the district court could not order ICE to refrain from detaining the defendant under the Immigration and Naturalization Act. Section 6:7.3, Risk of Nonappearance, and section 14.4, State Habeas Petitions, Federal Section 2255 Motions, Immigration Hearings, and International Extradition Cases.
A D.C. Circuit case that held that any prohibition against contact with victims or witnesses should be clear as to which victims or witnesses, and that such a prohibition would only apply to victims or witnesses to the then-pending charges in the case, not to victims or witnesses that the government might later identify. Section 5:5, Other Conditions Courts Can Impose, and section 11:3, Showing Required.

This essential treatise is available on PLI PLUS. If you would like to order a print copy, please visit our website or contact libraryrelations@pli.edu.

New Edition! Labor Management Law Answer Book

Labor Management Law Answer Book (2019 Edition) is a concise overview of the controlling provisions of the NLRA and the other major federal labor legislation. The labor and employment experts at Jones Day provide, in question-and-answer format, detailed guidance on the rights and obligations of employees, employers, management, and unions. This useful resource provides the information you need for effective planning and decision-making, and examines important and challenging issues that often arise in relation to:

Labor Management Law Answer Book covers the important and challenging issues involving labor-related rights in the workplace and is an ideal resource for every professional who represents the interests of employees, employers, management, or unions.

This essential answer book is available on PLI PLUS. If you would like to order a print copy, please contact libraryrelations@pli.edu.

Treatise Update: Derivatives Deskbook

Derivatives Deskbook: Close-Out Netting, Risk Mitigation, Litigation (Second Edition) is a comprehensive resource geared to all users of swap agreements and derivatives, from financial institutions to corporate end users. Derivatives Deskbook defines the key terminology and identifies the major players; discusses the full range of documentation; and highlights techniques and best practices that can significantly minimize risks. It examines the termination events and events of default that can trigger the early termination of OTC derivative transactions; the complex process of calculating the early termination amounts due the parties under the transactions; and how these transactions can be terminated in ways that minimize the damage to the parties and to the global financial system.

Derivatives Deskbook further examines the impact of U.S. bankruptcy interrelationship on the termination and close-out netting process and what steps must be taken to comply with a counterparty that is or may become bankrupt. It also serves as a comprehensive resource to key litigation involving derivative transactions in major jurisdictions around the world.

Highlights of this Release #3 include:

Chapter 3: Collateral and Security Arrangements; New sections explore the new variation margin regulations adopted by regulators in a variety of major jurisdictions in reaction to the financial crisis to govern the posting of collateral in OTC derivative transactions. The regulations have been enacted by applicable regulators in the European Union, the United States, Switzerland, Canada, and Japan.
Chapter 6: Risk Mitigation and Close-out Netting; Revised section 6:6, Collateral Arrangements, examines the need, in large financings with multiple banks and counterparties, for intercreditor agreements to sort through the rights of the various creditors to the collateral securing their obligations. Typically, in an intercreditor agreement, a swap counterparty would agree to abstain from declaring certain events so that a minor breach with one swap counterparty under a swap agreement for dealers and those costs will likely be passed on to counterparties.
Chapter 8: Best Practices Recommendations; Revised section 8:4.1, Credit Support Annex, explains that the restrictions on hypothecation in the initial margin regulations are expected to increase the costs of swap agreements for dealers and those cost will likely be passed on to counterparties.

This treatise is available on PLI PLUS. If you would like to purchase a print copy, please contact libraryrelations@pli.edu.

Reinsurance Law Update

Reinsurance Law examines the intricacies of U.S. reinsurance law in the twenty-first century, giving readers a practical grasp of the purpose, benefits, markets, and costs of reinsurance; the features, operation, and risk-and-return characteristics of the full range of reinsurance products; state, federal, and international regulation of reinsurance; and a full understanding of resolving disputes in the industry.

This practical treatise is enhanced with time-saving checklists and numerous adaptable sample agreements and sample clauses.

Release #13 expands and updates the treatise with coverage of the latest developments in reinsurance law. Highlights of the update include the following:

Revised Section 3:4, Reinsurer’s Obligation Regarding Supplemental Benefits Outside of the Applicable Limits of Liability, discusses the New York Court of Appeals decision in Global Reinsurance Corp. of America v. Century Indemnity Co., in which the court observed that its 2004 decision in Excess Insurance Co. v. Factory Mutual Insurance Co. did not hold that third-party defense costs under any facultative reinsurance contract are unambiguously or presumptively capped by the liability limits.
Revised Section 6:8.4, Subpoenas, in the book’s chapter on arbitration, explains that in CVS Health Corp. v. Vividus, the Ninth Circuit found that a “plain reading of the text of Section 7 [of the Federal Arbitration Act] reveals that an arbitrator’s power to compel the production of documents is limited to production at an arbitration hearing.”

In addition, the Table of Authorities has been updated to reflect the revisions found in Release #13.

This essential treatise is available on PLI PLUS. If you would like to purchase a print copy, please contact libraryrelations@pli.edu.

Presidents Day Sale!

Happy Presidents Day! To celebrate, PLI is offering 25% off all Treatises and Answer Books.

Treatise Update: Directors’ and Officers’ Liability

Directors’ and Officers’ Liability: Current Law, Recent Developments, Emerging Issues (Third Edition) provides a cutting-edge, straightforward explanation of the obligations of directors and officers of public companies, the penalties they face if they fail to meet their obligations, and the protections available to them under the law or by agreement. Authors Barry Kaplan and Gregory Watts provide solid coverage of topics of utmost importance to directors and officers—the sources of law governing the duties of directors and officers; the key facets of board committees; D&O duties under state corporate law and federal and state securities laws; private civil actions and public enforcement; exculpations, indemnity, and insurance; cybersecurity; contested mergers and acquisitions; Securities Act suits filed in state court; special issues in pharma and biotech; and more.

Of particular note, the chapter on Emerging Issues provides readers with coverage of the latest new developments in the area. Regularly updated, this chapter brings readers’ attention to the latest on dynamic issues like D&O liability related to data breaches, sexual harassment, and climate change.

Director’ and Officers’ Liability is a vital resource for corporate and outside counsel and private practitioners—particularly those whose expertise and specialized training may not include corporate governance and securities.

Highlights of Release #2 include:

Emerging Issues: Chapter 8 has been extensively updated to bring you timely discussion of emerging areas of potential liability for directors and officers such as cryptocurrency and initial coin offerings, sexual harassment, and climate change.
Board Membership Policies: Gender and ethnic diversity is increasingly a criterion for membership on the board of a public company, and in September 2018, California became the first state to require public companies to have female directors on their boards.

This essential treatise is available on PLI PLUS. If you would like to purchase a print copy, please contact libraryrelations@pli.edu.

New Title! An Associate’s First Year: A Guide to Thriving at a Law Firm

An Associate’s First Year: A Guide to Thriving at a Law Firm is a new published title from PLI Press.

There is more to thriving as a new law firm associate than doing great legal work. Associates must also demonstrate commitment to law firm values; capably manage up and down within their firm; successfully interact with people of different generations, cultures, and backgrounds; champion diversity and inclusion; work smartly and efficiently; contribute to innovation within their firms; manage their workloads; continually learn about their clients’ businesses; and so much more.

An Associate’s First Year, edited by Jennifer L. Bluestein and featuring contributions from more than a dozen experts—including partners, professional developments directors, law firm associates, and other legal industry professionals—provides new associates first-hand insights and guidance on:

Each chapter is full of practical suggestions to help new associates navigate their first year of practice at a law firm.

If you would like to order a print copy, please email libraryrelations@pli.edu.

Copyright Law Treatise Update!

Written by two nationally recognized lawyers who have litigated major copyright cases, Copyright Law: A Practitioner’s Guide (Second Edition), provides up-to-date analysis of court decisions and practical advice for the protection of copyrights. In this release, the authors update and expand your book with discussion of the following topics, among others:

Pre-1972 sound recordings: Under the Classics Protection and Access Act of 2018, sound recordings fixed before February 15, 1972 (previously outside the scope of federal copyright laws)are, as of October 11, 2018, afforded rights and remedies largely analogous to those enjoyed by sound recordings that have always been within the subject matter and protections of the Copyright Act.
Standing: According to the Ninth Circuit, a suit brought in the name of an animal may state a case or controversy for Article III purposes, but does not expressly authorize animals to file copyright infringement suits” (Naruto v. Slater).
First sale doctrine—electronic transmissions: in Capital Records,LLC v. ReDigi, Inc., the Second Circuit concluded that ReDigi—a business built on allowing users to “resell” uploaded digital copies to other users—infringed the plaintiffs’ reproduction right, rejecting application of the first sale doctrine as a defense. The court held that the ReDigi technology allowed for a reproduction of the digital file in a new material object “for a period of more than a transitory duration,” both in ReDigi’s server and in the new purchaser’s device. That results in the creation of a new phonorecord, which is a reproduction.
Fair use—parody: According to a New York federal district court, a one-woman play written in the style of Dr. Seuss and featuring a forty-five-year-old version of Cindy-Lou Who parodied How the Grinch Stole Christmas! And qualified as a fair use (Lombardo v. Dr. Seuss Enterprises, L.P.).

This essential treatise is available on PLI PLUS. If you would like to order a print copy, please email libraryrelations@pli.edu.

Updated Treatise! Friedman on Leases (Sixth Edition)

Friedman on Leases is widely regarded as the leading authority on commercial real estate leasing, recognized for its extensive and balanced coverage of tenant and landlord concerns. This fifth release of Friedman on Leases, Sixth Edition continues to deliver not only the foundational knowledge required by novice practitioners, but also analysis of and insight into the most current and relevant developments facing seasoned practitioners in the commercial real estate field.

The author, Andrew R. Berman, is Senior Vice-President and Associate General Counsel with Savills Studley in New York. He is a former real estate partner at Orrick Herrington, Akerman, and Sidley Austin, and is a law professor at New York Law School, where he founded the Center for Real Estate Studies and the Institute for In-House Counsel. Mr. Berman’s expertise in both practice and academia enable him to provide the broad perspective and insight that real estate professionals need in this rigorous and dynamic field.

Highlights of Release #5 include the following:

Fiduciary Capacity; Authority. Updated discussion reviews how Illinois, New York, and Pennsylvania approach a landlord-trustee’s power to lease in the absence of a special power. (See section 2:1.2.)
Taxes, Assessments. Updated discussion covers when a lease requires the tenant to pay the landlord additional rent based on future increases in real estate taxes. (See section 5:2.1.)
Amount of Percentage Rent. Updated with new examples that illustrate the different approaches to determine percentage rent, as well as a new sample percentage rent provision with percentages that vary and a cap. (See section 6:2.)
Holdover Tenant Versus Foreclosing Mortgagee. Updated to include cases that illustrate the uncertainty over whether an attornment provision affirms that privity of estate exists between the tenant and the purchaser, or whether it extends liability by way of privity of contract. (See section 8:3.)

This essential treatise is available on PLI PLUS. If you would like to order a print copy, please email libraryrelations@pli.edu.

Treatise Update: Mutual Funds and Exchange Traded Funds Regulation (Third Edition)

Mutual Funds and Exchange Traded Funds Regulation offers definitive and up-to-date legal and compliance information. This two-volume treatise is filled with practical advice on complex issues involving valuation, distribution through intermediaries, structuring a 12b-1 plan, conducting a compliance review, and guarding against conflicts of interest. Mutual Funds and Exchange Traded Funds Regulation is an essential compliance tool for securities attorneys, mutual fund practitioners, compliance personnel, and risk officers in fund complexes, and a valuable reference for business professionals and investors.

The latest update to Mutual Funds and Exchange Traded Funds Regulation, Third Edition expands the treatise to cover developments affecting mutual funds and exchange traded funds. Highlights of this release include:

Chapter 5, Shareholder Reports. New discussion covers the June 2018 changes to Form N-1A adopted by the SEC regarding the reporting and disclosure of liquidity information by mutual funds in fund shareholder reports (see section 5:2.2[D]); reviews the SEC’s June 2018 adoption of new Rule 30e-3 under the Investment Company Act, which gives mutual funds a “notice and access” option for delivering shareholder reports (see section 5:3.2[B]); and examines Form N-PORT, which is the new form in which funds (except for money market funds) are required to provide additional and more frequent reports of portfolio holdings, risk metrics, and other data monthly (see section 5:4).
Chapter 13A, Liquidity Risk Management Programs and Swing Pricing. New discussion covers the SEC’s statement in the Investment Company Liquidity Disclosure Release that “funds that believe they would have to maintain dual liquidity classification programs” may apply for exemptive relief from the liquidity classification requirements of Rule 22e-4 if they believe their existing liquidity risk management programs would “effectively accomplish the Commission’s stated goals.” (See section 13A:4.7.)
Chapter 16, Purchase and Sales of Mutual Fund Shares. Updated discussion reviews FASB Accounting Standards Codification 820 (ASC 820) (previously FAS 157), including its definition of and framework for measuring fair value (see section 16:3.2); covers the amendments to Rule 22c-1 to permit certain registered open-end investment companies (not money market funds or ETFs) employing so-called “swing pricing” (see section 16:3.3); and examines Rule 22e-4 under the Investment Company Act, which requires open-end investment companies, including ETFs (but not money market funds), to adopt a liquidity risk management program that satisfies certain minimum requirements (see section 16:4.1).

This treatise can be found on PLI PLUS. If you would like to order a print copy, please email libraryrelations@pli.edu.