Category Archives: Treatise

Treatise Update: Private Equity Funds: Formation and Operation

Private Equity Funds: Formation and Operation examines the various fund types, including PIPEs, SPACs, mezzanine funds, and credit opportunity funds, and is designed to provide a comprehensive understanding of how private equity funds work and are regulated.

Written by expert private equity fund specialists from Schulte Roth & Zabel LLP, this book provides guidance on major decisions when creating a new fund, such as choosing the right organizational options for funds and their sponsors, structuring and implementing ownership and compensation arrangements that work best for each fund, negotiating terms between fund sponsors and investors, hiring and retaining the best fund talent, and qualifying for the Securities Act’s private placement exemption, the IAA’s exclusion from registration as an investment adviser, and other exemptive relief.

The new release includes updates to the following chapters:

  • Chapter 1 includes new coverage of growth capital funds and credit dislocation funds.
  • Chapter 7 updates discussion of the job application and includes Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, 600 U.S. 181 (2023).
  • Chapter 12 includes updated discussions of the May 3, 2023, SEC amendments to Form PF requiring current reporting upon the occurrence of key events and also discusses the Private Fund Advisers Rule, which includes new rules and amendments to the Advisers Act applicable to private fund advisers.
  • Chapter 13 discusses the new rules, 3a5‑4 and 3a44‑2, under the Exchange Act to further define what it means to be “engaged in the business” of buying and selling securities for one’s own account.
  • Chapter 17 is a brand-new chapter that examines the class of credit extended by institutions to alternative asset managers to capitalize their funds.

The Index has also been updated for this release.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

Treatise Update: Insurance and Investment Management M&A Deskbook

Insurance and Investment Management M&A Deskbook is an essential reference guide on emerging trends in insurance and investment management M&A.

With this release, this Deskbook is fully up-to-date and covers many topics including acquisitions of public insurance companies, blocks of insurance business and private acquisitions; the regulatory environment of the insurance industry and the financial services industry; investment in the insurance industry by private equity and pension funds; and the expansion of insurance industry participants into emerging markets around the globe.

The new release includes updates to the following chapters:

  • Chapter 2: Updates include a discussion of the regulations and guidelines meant to prevent the discriminatory use of personal credit scores, external data, algorithms, and predictive models in pricing decisions for insurance policies.
  • Chapter 4: This chapter includes updates on Treasury and IRS guidance on the impact of the Corporate Alternative Minimum Tax (CAMT) on the insurance industry.
  • Chapter 7: Updated to include the latest on the participation of private equity firms in the insurance space, including NAIC recommendations to address concerns reflected in their list of Regulatory Considerations and guidance from the European Insurance and Occupational Pensions Authority (EIOPA) on how regulators should evaluate acquisitions by private equity firms in the run-off sector.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

Last Chance to participate in the PLI PLUS Scavenger Hunt!

Last Chance to participate in the PLI PLUS Scavenger Hunt! The first two people to answer all three of the following questions correctly will be entered to win a copy of Knowledge Management and Innovation by author Patrick Dundas!

  1. Name the author who mentions To Kill a Mockingbird and the movie Jagged Edge in the same chapter.
  2. What is the oldest item on PLUS?
  3. Find the book on PLUS that has the most forms.

You are invited to participate in the Library Week celebration with the PLI PLUS Scavenger Hunt!

Head over to PLI PLUS, and put your research skills to the test!

The first two people to answer all three of the following questions correctly will be entered to win a copy of Knowledge Management and Innovation by Patrick Dundas.

  1. Name the author who mentions To Kill a Mockingbird and the movie Jagged Edge in the same chapter.
  2. What is the oldest item on PLUS?
  3. Find the book on PLUS that has the most forms.

Please submit your answers to plus@pli.edu and put “PLUS Scavenger Hunt” in the subject field.

Winners will be notified via email on April 19th.

Treatise Update- International Corporate Practice: A Practitioner’s Guide to Global Success

International Corporate Practice provides guidance on building a comprehensive global legal department and includes advice on structuring, staffing, and budgeting, as well as the use of foreign legal consultants and outsourcing.

Written by some of the nation’s leading corporate attorneys, this book will help you to develop compliance programs that minimize clients’ legal exposure in foreign markets, commercialize intellectual property, evaluate successful mergers and acquisitions abroad, structure effective international project financing transactions, ensure clients satisfy international guidelines crucial to their global viability, and manage legal challenges facing clients overseas.

The new release includes updates to the following chapters:

The Index has also been updated for this release.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

Treatise Update- Patent Litigation (3rd Edition)

Patent Litigation (3rd Edition) is an indispensable practical resource for every patent litigator. This treatise increases your ability to prevail at trial while helping you cut the costs and complexity of litigation. Written by leading patent litigators, this treatise helps guide it’s readers through the litigation process, helping them to understand various infringement actions and their respective burdens of proof; conduct comprehensive pre-suit investigations that streamline your cases; develop potent case themes; assemble strong litigation teams; get an early edge over opponents during discovery; reduce expenses by developing smart litigation budgets; maximize the persuasive impact of documents, exhibits, and lay and expert witnesses; and fortify their case while controlling costs by making savvy use of computers, jury consultants, and litigation support vendors.

Highlights of this release include:

  • Corporate disclosures under Rule 7.1 and the hotly debated issue of whether recent court-imposed disclosure requirements are justified or permissible (see section 3:7).
  • Case law from the federal circuit vacating a preliminary injunction that barred a patentee from informing the accused infringer’s customers of patent infringement because the accused infringer had not shown the infringement accusations to be unreasonable or objectively baseless as a matter of literal infringement or infringement under the doctrine of equivalents (see section 10:3.2).
  • Examples of courtroom technology available in common patent venues (see section 11:7.4).
  • The important role played by the Office of Unfair Import Investigations in section 337 proceedings before and after complaint filing (see section 14:4.4).
  • An expanded discussion of the remedies available in an ITC litigation (see section 14:4.9).
  • A new section on the public interest factors that the ITC must consider in fashioning a remedy (see section 14:4.10).

The Index and Table of Authorities have also been updated.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

New Title! Income Taxation of Property Acquired from a Decedent

PLI Press is proud to announce the publication of the new practice guide Income Taxation of Property Acquired from a Decedent.

Income Taxation of Property Acquired from a Decedent presents clear and comprehensive guidance on the favorable income tax rules related to property acquired from a decedent, such as the exclusion from gross income and the step-up in basis. By offering planning opportunities and strategies while also highlighting potential traps and discrepancies, the book helps readers navigate the complexities in the Internal Revenue Code to achieve favorable estate and income tax outcomes.

Notably,  Income Taxation of Property Acquired from a Decedent covers the following important topics:

  • Exclusion from Gross Income (Chapter 1)
  • Basis, Character, and Holding Period (Chapter 2)
  • Basis of Property Includible in Decedent’s Gross Estate (Chapter 3)
  • Basis of Trust Property (Chapter 4)
  • Basis of Entity Interests and Entity Property (Chapter 5)

In addition, this treatise gives guidance on estate planning (see Chapter 7) and addresses postmortem considerations (see Chapter 8).

We are excited to share this new title with you!

PLUS Subscribers can access this title with their subscription.

Order a print copy today.

Is your library interested in subscribing to PLI’s Standing Order Plan (SOP)? SOP subscribers automatically receive print copies of new titles to review upon release.  If you decide to keep the title, you will receive a discount up to 25% off the title and all future supplements. Call 877.900.5291 or email libraryrelations@pli.edu to learn more.

New Editions! SEC Compliance and Disclosure Series

PLI Press is proud to announce the publication of new editions to all three books in the SEC Compliance and Disclosure Series – Master the 8-K, Master the 10-K and 10-Q, and Master the Proxy Statement.

These step-by-step guides deliver clear explanations, comprehensive information, and essential practice tips to implement or refine corporate disclosure controls and procedures to ensure accurate and timely filings. Master the 8-K offers updated direction on filing the SEC’s Current Report on Form 8-K. Master the 10-K and 10-Q gives instructions and analysis to ensure accurate and timely filings. Master the Proxy Statement advises companies on year-end disclosures and preparing proxy materials. The series includes sample language, detailed appendices, key regulations, and related forms and checklists.

Some of the highlights from the recently published editions include:

Master the 8-K:

  • The latest guidance on the instances in which an employment relationship or transaction and any resulting compensation involving an executive officer need not be disclosed (see Appendix 7, Section 5(a)(iii))
  • Added information on purchases of equity securities by the issuer and affiliated purchasers (see Appendix 2, Section 26)
  • A new appendix dedicated to Regulation S-K, Item 106 Cybersecurity (see Appendix 11)

Master the 10-K and 10-Q:

  • Additional explanation of the information to be provided on the cover page of an Annual Report on Form 10-K including a new section on “clawback” disclosures (see Section 1:11)
  • Notification on updates to the disclosures required by Item 408(d) of Regulation S-K (see Section 3:8.4)
  • Communication about items required to be disclosed under Item 703 of Regulation S-K (see Section 8:3.6)  

Master the Proxy Statement:

Order print copies of the new editions of Master the 8-K, Master the 10-K and 10-Q, and Master the Proxy Statement today.  The books of the series can be purchased individually as standalone guides or purchase all three for the full series.

PLI PLUS subscribers can access these titles through their subscription.

Treatise Update – The Circular 230 Deskbook: Related Penalties, Reportable Transactions, Working Forms

The Circular 230 Deskbook is an essential compliance resource for every tax professional who practices before the IRS.  It helps practitioners comply with complex Circular 230 amendments more easily — and avoid costly penalties and sanctions.  In addition to demonstrating prescribed duties when advising clients in the preparation of tax returns, it offers quick-reference compliance tools.

This release updates the treatise with the latest developments in tax and estate law relating to IRS Circular 230.   Highlights from the new release include:

  • Chapter 1: Deference: When the Court Must Yield to the Government’s Interpretation: Answers the questions of 1) whether Joint Committee reports carry more weight than law review articles and 2) whether IRS publications displace controlling statutes, regulations, and case law (see section 1:2 and section 1:3.1).
  • Chapter 3: Reporting and List Maintenance Requirements: Discusses how a district court’s invalidation of a notice on a nationwide basis was an error (see section 3:5).
  • Chapter 4: Circular 230: Suggests a best practice in the event a practitioner should die or become incapacitated (see section 4:16).

An updated Table of Authorities is included.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

Treatise Update – Derivatives Deskbook: Close-Out Netting, Risk Mitigation, Litigation (Second Edition)

Derivatives Deskbook: Close-Out Netting, Risk Mitigation, Litigation is a comprehensive resource for all users of swap agreements and derivatives, from financial institutions to corporate end-users. The treatise defines the key terminology and identifies the major players, discusses the full range of required documentation, highlights best practices for the legal risk management of derivatives, and includes numerous practice-tested legal forms.  In addition, it examines all significant, and often difficult-to-find, derivative transactions litigation cases from leading jurisdictions worldwide.

Highlights of this new release include:

  • Second Method, Market Quotation Under 1992 Master Agreement: Expanded discussion regarding the documents that may be considered in making the market quotation determination (see section 5:4).
  • Avoidance Powers—Bankruptcy Code Sections 544, 547, and 548: Updated examination of a Supreme Court ruling on whether section 546(e) protects transfers made through a financial institution to a third party as an intermediary (see section 7:2.3).
  • Jurisdictional Issues: Added identification of the normal governing law of OTC derivative transactions and explanation of whether parties are obligated to utilize the laws of these jurisdictions (see new section 8:8).
  • General Review of Systemic Risk and Regulatory Developments: Expanded exploration of a Second Circuit decision relating to the extra-territorial aspects of the Commodity Exchange Act (CEA) and the availability of judicial remedies for violations of the CEA by foreign counterparties (see section 9:1).

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.