Category Archives: Treatise

Treatise Update: Equipment Leasing– Leveraged Leasing

Equipment Leasing−Leveraged Leasing (Sixth Edition) provides readers with the comprehensive legal, tax, economic, accounting, environmental, and insurance information and advice they need to develop and implement leasing deals that maximize rewards and minimize risks.

The authoritative treatise was recently updated with new content to bring readers up to date on the cutting edge of the industry. Highlights from the new release (Release 1) include:

Chapter 29: Doing Business Under State Corporation Laws has been fully updated with the latest cases on suits by unqualified foreign corporations, the effect of subsequent qualification, defense of suits, and monetary penalties, as well as cases on doing business in interstate commerce, leasing personal property, and collecting debts.
New Appendix 29A provides state-by-state statutory citations on (1) the penalties imposed upon unqualified corporations that are doing business in the state and (2) the activities that may, or may not, constitute transacting intrastate business so as to require qualification.
New Appendix 29C includes state-by-state statutes and case law on LLCs doing business outside their state of formation, have also been updated.
Chapter 32: Leasing Outside the United States: Pickle, Loss Trapping, Subpart F, and Foreign Tax Credits has been updated with an extensive discussion of new concepts and statutory sections introduced by the Tax Cuts and Jobs Act (TCJA), including: Global Intangible Low Taxed Income (GILTI), Foreign-Derived Intangible Income (FDII), the base erosion and anti-abuse tax (the “BEAT”), the section 163(j) interest expense deduction limitation, and additional provisions impacting leasing transactions.

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New Edition! Healthcare Employment Practice

PLI Press is proud to announce the publication of Healthcare Employment Practice: Policy, Law and Procedure (2021 Edition).

This clear and concise guidebook responds to the complex issues arising from the increasingly fractured and fractious hospital and healthcare environment with examples and details to save time, reduce errors and improve employee satisfaction. The text explores how the system actually operates, and suggests how lawyers, human resource professionals and hospital management teams can improve their outcomes through astute planning and careful drafting of agreements.

The 2021 edition includes:

Step-by-step, term-by-term guidance on physician employment contracts, with an emphasis on the problems presented by restrictive covenants, and a full sample Physician Employment Agreement
Labor and employment law as it affects healthcare industry employees
Issues presented by telemedicine
Stark and anti-kickback law compliance

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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.

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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.

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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.

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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).

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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.

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Other PLI Press Treatises by Gary M. Brown:

New Title! Schwartz on Section 1983

PLI Press is proud to announce the publication of the new treatise Schwartz on Section 1983: Law and Commentary.

Professor Emeritus of Law Martin A. Schwartz, one of the nation’s leading experts on Section 1983 litigation, examines the essential aspects of Section 1983 law. His treatise is carefully organized to follow the progression of Section 1983 litigation. Comprehensive and incisive discussions provide practitioners with the guidance they need to successfully deal with all aspects of litigation. Throughout the chapters, Schwartz provides invaluable “Practical Commentary” in which he shares personal observations from over 50 years of litigating, consulting, teaching, and writing about the law of Section 1983, as well as advice through each step of litigation, including in:

Determining whether to assert a claim in federal or in state court
Determining whether to name an official in her personal or official capacity, or in both capacities
Evaluating false arrest, malicious prosecution, and other related claims
Understanding the standard of judicial review governing the plaintiff’s equal protection claim and the litigation significance of that standard
Evaluating whether a claim has factual or legal basis or a realistic chance of success to name a municipal entity as a defendant
Understanding the separate issues of supervisory liability and municipal liability
Understanding the various abstention doctrines that provide defendants’ attorneys with a wide array of potential defenses that can lead to dismissal of a federal court action and a stay of federal court proceedings
Understanding the law governing remedies

Providing essential insight into the complex statue and accompanying case law, this is an indispensable resource for practitioners.

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Treatise Update – Public Company Deskbook

Public Company Deskbook: Complying with Federal Governance & Disclosure Requirements (Third Edition) provides expert counsel on how to deal effectively with the overlapping legislative, regulatory and private initiatives to reform public company governance and disclosure practices over the past decade.

Highlights of from the latest update–Release #12– include:

Updates to Chapter 2A, Annual Meeting Timeline and Script, to reflect the dates relevant to the 2021 proxy season.
Updates to Chapter 2F, Rule 14a-8 Shareholder Proposals, to reflect lessons learned from 2020 for the 2021 proxy season, including shareholder proposals and SEC no-action relief.
Updates to Chapter 5B, Stock Exchange Annual Reporting and Compliance Certifications, and Chapter 5D, Stock Exchange Interim Reporting and Compliance Affirmations, to reflect the revised forms of NYSE annual and interim reporting and compliance affirmations.
Updates to Chapter 5E, Website Disclosures, to reflect changes to various required or permitted disclosures.
Updates to Appendix L, Private Sector Corporate Governance Recommendations and Voting Policies, to reflect current voting policies of major institutional investors.

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New Edition! Arbitrating Commercial Disputes in the United States

PLI Press is pleased to announce the publication of Arbitrating Commercial Disputes in the United States (Second Edition).

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.

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