Category Archives: Treatise

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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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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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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Treatise Update: Employment Law Yearbook 2020

Employment Law Yearbook 2020 provides a comprehensive overview of the most important developments in employment law over the past year, including critical case decisions, legislative changes, government agency actions, and other events of interest to employers, employment and HR professionals, corporate attorneys, and employee advocates.

Major topics in the 2020 edition include:

Wage-and-hour laws and litigation
The Office of Federal Contract Compliance Programs (OFCCP) and related recent developments, compliance initiatives, case law, and settlements
Discrimination based on gender and related characteristics, the Equal Pay Act, and sexual harassment
Discrimination based on race, religion, and national origin
Age discrimination, the Age Discrimination in Employment Act (ADEA), the Older Workers Benefit Protection Act (OWBPA), and related litigation
Equal employment opportunity (EEO) class actions
The Americans with Disabilities Act (ADA)
Employee privacy law and privacy rights litigation
Protection of trade secrets
Whistleblowing and other retaliation claims
Employee blogging, social media use by employees and by employers, related laws and regulations, social media in investigations and litigation
Family, medical, and military leave, recent developments under the FMLA and USERRA
Arbitration, the Federal Arbitration Act (FAA), employer-employee arbitration agreements, and disputes

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Treatise Update: Social Media and the Law

Social Media and the Law (2020 Edition) examines the use of social media in a variety of legal contexts, including privacy, civil litigation, employment, criminal activity and prosecution, intellectual property, defamation, advertising, and regulated industries. Relevant legislation, cases, usage trends, and industry responses are discussed.

Among the new developments covered in the 2020 Edition are:

Deepfakes — videos made using a new technology that falsely shows people saying or doing something that they did not say or do. See section 5:4.5.
Boeing standard under the NRLA: In one of the first decisions applying the Boeing standard, the NLRB found an employer’s confidentiality rule presumptively lawful under the first step in Boeing and found unlawful an employee handbook policy that workers should not post “derogatory information about the company” on social media sites and instead should use the normal channels for raising grievances and complaints. See sections 6:4.2[B][2][a] and 6:4.2[B][2][b][ii].
Guidance for financial services industry: In 2019 FINA released new guidance on disclosure innovations in advertising and other communications with the public. See section 7:3.2[A].
Medical Device Vulnerabilities: A draft guidance issued by the FDA in October 2018 recommends medical device manufacturers and healthcare delivery organizations take steps to ensure appropriate security safeguards are in place. See section 7:3.3[D].
Platform Criminality, whereby criminal activities are enabled and funded through data-rich platforms such as Facebook, Amazon and Uber. See section 9:2.11.

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Treatise Update: Post-Grant Proceedings Before the Patent Trial and Appeal Board

Post-Grant Proceedings Before the Patent Trial and Appeal Board guides readers through the process of initiating a post-grant proceeding, taking discovery, seeking sanctions, proposing and opposing claim amendments, effectively advocating at the oral hearing, appealing to the Federal Circuit, and handling a wide array of issues involving co-pending district court litigation.

Updates from Release #10 include:

In Chapter 2, the section on Claim construction discusses changes to the PTAB standard for petitions filed after November 13, 2018, from the broadest reasonable interpretation standard to the Phillips v. AWH Corp. standard used in civil actions and at the International Trade Commission. See § 2:5, at note 57.
In Chapter 3, a section on Standing—real party in interest discusses Applications in Internet Time, LLC v. RPX Corp., in which the Federal Circuit held that “the focus of the real-party-in-interest inquiry is on the patentability of the claims challenged in the IPR petition, bearing in mind who will benefit from having those claims canceled or invalidated.” See § 3:2.3[A], at note 46.
In Chapter 3, the section called Joinder discusses the first case to be taken up by the PTAB’s Precedential Opinion Panel, which determined that, under appropriate and limited circumstances, a petitioner may join its own previously instituted IPR to request joinder and institution of new issues (Proppant Express Investments, LLC v. Oren Technology, LLC). See § 3:6, at note 193.
In Chapter 8, Amendments to claims discusses the notice of proposed rulemaking put forth by the USPTO on October 21, 2019. See § 8:3.1, at note 99.
In Chapter 8, under the section Inter partes review—timelines, a new figure 8-1 depicts the anticipated trial flow of an inter partes review proceeding, depending on whether or not a second, revised motion to amend is filed by the patent owner. See § 8:3.1.
Chapter 14, Appeals to the Federal Circuit includes updated information on the number of PTO appeals filed in the CAFC. See § 14:1, at note 2.

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Treatise Update: Reinsurance Law

Reinsurance Law examines the intricacies of U.S. reinsurance law in the 21st 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. Enhanced with time-saving checklists and numerous sample clauses and sample agreements, this practical treatise covers federal and state law, industry standards, customs, practice—including the Utmost Good Faith and Follow-the-Fortunes doctrines—and relevant case law in clear, straightforward terms.

Highlights from Release #14 of Reinsurance Law include:

Chapter 3: A section on Implied Follow-the-Fortunes Provision addresses whether the follow-the-fortunes doctrine is implied in facultative reinsurance certificates when there is no express working to that effect (see section 3:3).
Chapter 3: A section on Reinsurer’s Obligation Regarding Supplemental Benefits Outside of the Applicable Limits of Liability discusses the Second Circuit decision in Utica Mutual Insurance Co. v. Clearwater Insurance Co., holding that the contracts required payment of expenses in addition to the stated liability limits in the facultative contracts. The ruling was based on form language in the contracts and the absence of language stating that the reinsurer’s liability would be “subject to” the stated limits of liability (see section 3:4).
Chapter 6: A section on Vacating or Modifying the Award explains how before an arbitrator is officially engaged to perform an arbitration, to ensure the parties’ acceptance of the arbitrator is informed, potential arbitrators must disclose their ownership interests, if any, and the arbitration organizations with whom they are affiliated in connection with the arbitration and those organizations’ nontrivial business dealings with the parties to the arbitration (see section 6:9.2).

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Treatise Update: Stocker on Drawing Wills and Trusts

Stocker on Drawing Wills and Trusts (Fourteenth Edition) is a vital planning tool for estates, trusts, and tax planning specialists and any general practitioner involved in crafting wills, trusts or other estate planning documents.

For more than 50 years, attorneys and estate planners have relied on this essential treatise to provide high-quality, comprehensive, field-tested drafting guidance that ensures wills, trusts and other estate planning documents fully express clients’ wishes without provoking costly legal challenges.

Enhanced by hundreds of labor-saving sample forms and clauses, this title provides guidance on how to help clients capitalize on the full range of tax-saving and non-tax opportunities.

Highlights of Release #4 include:

Chapter 5: Estate Tax and Planning for the Applicable Credit Amount is updated to discuss the inflation adjusted numbers issued by the Service for 2020, and provides updated figures for transfer tax rates, exemption amounts, and the total (federal and state) estate tax top rate.
Chapter 6, Section 4.3[F]: Gift Tax on QTIP Property is updated to explain that a major pitfall for QTIP planning is the surviving spouse’s gifting of a QTIP income interest.
Chapter 10, Section 10: Income Tax Planning for Other Considerations is expanded to examine changes to the Kiddie Tax for taxable years 2018–2025, during which the child’s unearned income will be taxed at the ordinary and capital gains rates applicable to trusts and estates.

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