Category Archives: Treatise

New Edition – Art Law: The Guide for Collectors, Investors, Dealers & Artists

PLI Press is proud to announce the publication of the Fifth Edition of Art Law: The Guide for Collectors, Investors, Dealers, & Artists.

From artists to auction houses, from attorneys to appraisal experts, from dealers to collectors — every segment of the art world has found practical guidance and crucial insights in this longtime favorite treatise. Now thoroughly revised, updated, and expanded, the new edition provides more clear, readable coverage than ever before. Key documents, contracts, forms, and checklists make this popular treatise an indispensable resource.

Both authoritative and fascinating in its own right, this new edition analyzes a remarkable range of topics concerning the legal context of the business of visual art, including:

The artist-dealer relationship
How digital technology and social media affect both commerce in art and the creation of art
Tax and estate planning strategies for collectors and artists
Artists’ rights under copyright law and the First Amendment
New legal challenges for museums
Resources for dealing with art theft and artworks confiscated by the Nazis; and more.

PLI PLUS subscribers can access this title through their subscription.

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

New Title! The Deal Lawyer’s Weapons in the War on COVID-19

PLI Press is pleased to announce the publication of The Deal Lawyer’s Weapons in the War on COVID-19, a new treatise on the basic legal and economic principles a deal lawyer is likely to face in advising clients on issues arising out of the COVID-19 crisis.

Written by the esteemed author of Mergers, Acquisitions and Tender Offers, this timely title helps lawyers quickly identify many of the business law issues that arise as a result of COVID-19 in areas including:

Benefits adopted by the CARES Act (e.g., the Paycheck Protection Program)
Financial assistance adopted the Federal Reserve Board
Corporate and securities laws
Antitrust laws
Federal income tax
Regulation of cross-border transactions
Valuation of companies
Contract drafting
Bankruptcy

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New Title! Succession Planning and Retirement Strategies for Law Firms and Lawyers

PLI Press is pleased to announce the publication of a new treatise on professional skills:

Succession Planning and Retirement Strategies for Law Firms and Lawyers showcases the perspectives of both law firm management and individual partners in order to mitigate the discomfort of retirement conversations and help develop effective transition plans that meet the needs of all stakeholders.

Written by a certified career/life management coach with more than three decades of experience working with the legal profession, this book is designed to help all participants address assumptions, thoughts, and emotions around aging and retirement to influence transition outcomes in a positive manner. It contains numerous tools and exercises to help guide discussions and planning.

Among the specific topics covered are:

Strategic plans designed to launch retirement discussions
Aligning talent management strategies with life cycle
Impact of compensation and culture on succession planning
Mindset of aging partners
Designing post-practice life
Tending to physical, mental and emotional well-being
Collaborating for better outcomes

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PLI PLUS subscribers can access this title through their subscription.

New Title – California Consumer Privacy Act Annotated

PLI Press is excited to announce the publication of a new treatise on the California Consumer Privacy Act (CCPA), the first law of its kind in the United States providing consumer privacy protections.

California Consumer Privacy Act Annotated equips businesses and practitioners with the tools they need to understand the data they collect and how that data is used, disclosed, and stored, and then develop the framework, policies, and procedures to meet the CCPA notice requirements and to respond to data subject requests. This timely book takes into account the final text of proposed regulations the Attorney General submitted to the California Office of Administrative Law on June 1, 2020.

This thorough treatise includes advice on:

Determining whether an entity meets certain size and scope thresholds to be subject to the CCPA
Evaluating whether personal information collected from consumers, households, and devices is protected under the CCPA or whether an exemption applies
Understanding the considerations surrounding the sale of personal information by a business to a third party
Drafting sound notices at collection and privacy policies
Understanding the rights the CCPA grants to consumers regarding their personal information, as well as the different exceptions and limitations to these rights, in setting up processes and procedures for compliance
Building an infrastructure and creating procedures for managing and responding to consumer requests under the CCPA
Evaluating security requirements and practices in light of the new private right of action in which consumers can seek actual damages and statutory damages for a personal information security breach that is the result of a business’s failure to use reasonable security

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Treatise Update: Friedman and Smith on Contracts

Friedman and Smith on Contracts and Conveyances of Real Property (Eighth Edition) delivers coverage and analysis of the most current developments in real estate conveyancing to assist attorneys representing parties in the sale of real property in drafting sound agreements. This treatise contains sample forms, clauses, and checklists that simplify and accelerate transactions.

Highlights of this release include:

Chapter 2, Parties to Contract, advises that well-drafted contract consistently describes the name of the seller in all parts of the contract; and cautions that describing the seller’s name as “Owner of record” in the contract may violate the statute of frauds requirement.
Chapter 4, Purchase Price and Consideration, discusses contractsthat provide for a credit to the buyer based on future events; and the distinction between earnest money and a deposit upon a buyer’s default.
Chapter 5, Statute of Frauds, covers the use of promissory estoppel as an alternative to the doctrine of part performance to take a contract out of the statute of frauds; and the trend by some states in recognizing fraud and other tort claims as exceptions to the statute of frauds.
Chapter 7, Property Quality, provides an overview of the various state statutes of limitations and statutes of repose for certain warranty claims.
Chapter 8, Misrepresentations by Sellers and Buyers, discusses seller’s liability for their broker’s misrepresentations.
Chapter 9, Mortgage Financing, covers an “absolute deed,” which is intended as security and gives rise to an equitable mortgage.
Chapter 23, Contract Remedies for Buyer Default, includes a state statute that provides for the forfeiture of the buyer’s payment if the parties agreed that the payment is “earnest money.”
Chapter 27, Deed Execution and Delivery, updated to include a discussion of acknowledgment of a deed.
Chapter 28, Deed Covenants of Title, includes a discussion of Trial v. Dragon, a Texas case where the court refused to apply estoppel to the grantor’s heirs who acquired their interest through their mother’s estate.

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Treatise Update: Friedman on Leases

Friedman on Leases (Sixth Edition) clarifies and analyzes the full range of lease provisions and conceivable landlord-tenant situations to give readers unsurpassed practical instruction on how to negotiate and draft airtight agreements that protect clients’ rights and minimize their liability exposure.

Highlights of the latest update—Release #9—include:

Chapter 12, Landlord’s Services and Other Obligations. Updated discussion underlines the importance of expressly specifying in the lease any services that the tenant expects to receive.
Chapter 13, Condemnation. Updated discussion underlines the importance for a landlord, if it is the landlord’s intent, to expressly state in the lease that upon condemnation, the lease automatically terminates (or terminates at landlord’s option) and the tenant waives any right to the condemnation award.
Chapter 14, Renewals. Updated discussion covers Minnesota’s statutory provisions barring retaliatory eviction, but that apply only to retaliation for complaining to a government agency or filing a suit, not complaining to the landlord.
Chapter 15, Purchase Options. Updated discussion includes an example of a purported election that is ineffective because it did not conform to the lease.
Chapter 16, Default by Tenant. New discussion explores the extent to which courts will enforce a tenant’s waiver of certain rights if the waiver is expressly set forth in the lease, and agreed upon by the parties.
Chapter 17, Exculpatory Clauses. Updated discussion covers how different states handle exculpatory clauses, including Alabama, California, Illinois, and Pennsylvania.
Chapter 21, Distraint, Landlords’ Liens and Tenant Security. The updated discussion underlines the importance for a tenant to request during lease negotiations that landlord’s assignee is required to specifically assume landlord’s obligations with respect to the return of the security and the landlord is only released if it actually delivers tenant’s security deposit to the grantee and provides tenant with notice of such transfer.
Chapter 25, Fixtures. Updated discussion provides another sample provision in a lease with strong tenant protections for fixtures.
Chapters 11, 18, 20 & 22–24 have been updated to incorporate the latest case development. To aid in your research, the Table of Authorities and Index have also been updated.

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New Title! Healthcare Employment Practice

PLI Press is pleased to announce the publication of Healthcare Employment Practice: Policy, Law and Procedure, a new treatise addressing the employment conflicts and challenges that mark today’s hospital and healthcare system.

The hospital and healthcare environment in the U.S. has become more fractured and more fractious in recent years. Job satisfaction is down, contracts are much more complex and the covenants which bind doctors and other healthcare personnel have locked up the futures for many professionals. This clear and concise guidebook responds to these complex issues with examples and details to save time, reduce errors and improve employee satisfaction. It 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.

This book 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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PLI PLUS subscribers can access this title through their subscription.

Treatise Update: Bankruptcy Deskbook

Bankruptcy Deskbook (Fifth Edition) keeps readers up-to-date on legal developments, analyzing recent Supreme Court, court of appeals and bankruptcy court decisions. Designed as a primary source for non-specialist attorneys, this concise reference treatise acts as a step-by-step guide through the bankruptcy laws, clarifying the purpose, features, mechanics, advantages, and drawbacks of Chapters 7, 11, 12 and 13 in the era of Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA).

In this release, all fourteen chapters are updated with the most recent rulings affecting bankruptcy practice, along with expanded and clarifying discussions of existing topics. Developments discussed in this release include:

Small Business Cases: The Small Business Reorganization Act of 2019, effective February 19, 2020, created a new form of Chapter 11—the subchapter V case—for small business debtors, offering an alternative form of relief to that provided by the small business case. See Chapter 11.
Domestic Support Obligations: The BAPCPA clarified the circumstances under which an obligation arising out of a marital dissolution is dischargeable by introducing the concept of the “domestic support obligation.” See Chapter 1 and Chapter 9.
Avoidance: The Small Business Reorganization Act of 2019 added a new clause to section 547(b) regarding trustee avoidance actions, the purpose of which is to require the trustee to conduct an investigation into alleged preferences, rather than simply sue anyone who the debtor’s ledger indicates received a payment in the ninety days prior to the petition. See Chapter 6.

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PLI PLUS subscribers can access this title through their subscription.

Treatise Update: International Corporate Practice

International Corporate Practice: A Practitioner’s Guide to Global Success provides guidance on building a comprehensive global legal department, including advice on structuring, staffing, and budgeting, as well as the use of foreign legal consultants and outsourcing. This update includes new material designed to enable lawyers, whether in-house or outside counsel, to operate efficiently on the global stage.

Updates from the Release #15:

Chapter 1 contains a new section highlighting twenty trends that will likely have an impact on in-house counsel—from automation to diversity, from skills training to management structure, from partnering with outside counsel to corporate social responsibility, and much more.
Chapter 2 updates the discussion of the privilege in Colombia, emphasizing the penalties that may be imposed for a breach and the factors that are weighed in assessing the seriousness of the breach.
Chapter 3 is updated with current information about major international law firms and new discussion of lawyer referral services.
Chapter 4 includes new coverage of the New York Court of Appeals’ amended Rules for the Licensing of Legal Consultants.
Chapter 6 explores the treatment of U.S. government guidance, published in 2019, as a useful framework for corporate compliance programs. To help prosecutors evaluate the adequacy and effectiveness of compliance programs, the Department of Justice, Criminal Division, released “The Evaluation of Corporate Compliance Programs.”
Chapter 9 provides updated coverage of the legal professional privilege in the United Kingdom.
Chapter 19 discusses money laundering and terrorism financing, including a discussion of the Indian Cosmos Bank cyberheist; the regulation of cryptocurrencies; and the trend for law enforcement to prosecute individuals responsible for the money-laundering violations of their employers, not just the employer corporations.
Chapter 22 is revised throughout, with new discussions of proposed U.S. regulations that would broaden government authority, when adjudicating the admissibility of certain foreign nationals, to determine whether those individuals might become a public charge; the European Union’s creation of a European Labour Authority (ELA); and whether same-sex spouses can qualify as dependents for work authorization purposes.
Chapter 27 provides expanded coverage of international efforts to reduce greenhouse gas emissions from ships, as well as to require use of approved ballast water management systems; the cleanup of contaminated sites in the United Kingdom; and environmental regulation in China, including the 2019 Law on Soil Contamination Prevention and Control.
Chapter 29 adds new material on the cross-border insolvency system created by the Recast EU Regulation, including treatment of an interrelated “group of companies” and the key principles of the 2019 Directive.

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New Edition! Equipment Leasing—Leveraged Leasing

Equipment Leasing—Leveraged Leasing (Sixth Edition) provides readers with the comprehensive legal, tax, economic, accounting, and documentation information and advice needed to develop and implement leasing deals that maximize rewards and minimize risks. Written by more than thirty leading leasing authorities, and featuring hundreds of pages of sample forms, checklists, and documents that expedite successful transactions, this treatise is an essential resource on leasing transactions of all kinds.

The recently published Sixth Edition contains several new chapters including:

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