Category Archives: Treatise Update

Book Update: Equipment Leasing– Leveraged Leasing

For over forty-five years, PLI’s Equipment Leasing– Leveraged Leasing has been the go-to resource for comprehensive legal, tax, economic, accounting, environmental, and insurance information to optimize leasing deals. The Seventh Edition updates readers on industry advancements, guiding them on whether to lease or buy, comply with leasing laws, draft agreements, achieve client goals, and minimize legal and financial risks.

The new release (Release #2) includes the following update:

  • Chapter 14A, Climate Finance Assets, discusses the use of capital investments in assets that mitigate or adapt to climate change, creating opportunities for financing new technologies like LED lighting, batteries, solar, wind, hydrogen, heat conversion, and geothermal. This chapter also presents information that is key to understanding the economics of the new technologies, the legal structures for financing them, and related issues.

The Table of Authorities and Index have also been updated to assist you in your research.

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Book Update: Securities Law and Practice Deskbook

Securities Law and Practice Deskbook is a thorough guide to the Securities Act of 1933 (“Securities Act”), the Securities Exchange Act of 1934 (“Exchange Act”), relevant rules and regulations, and key case law. This book serves as an introduction to U.S. federal securities laws, providing a base for how securities lawyers tackle issues. It also acts as a general review and a first resource for seasoned practitioners when dealing with unfamiliar aspects of securities law.

Updated twice a year to keep pace with frequently changing rules and regulations, the new release (Release #25) includes the following updates:

  • Chapter 1, Approaching Securities Law, discusses the Commission’s announcement of a “sensible regulatory path” for crypto assets and the creation of a crypto task force. It also discusses Nasdaq’s withdrawal of its board diversity rule and the decision by ISS and Glass Lewis to stop considering diversity factors in board election recommendations. Additionally, the chapter highlights the Commission’s request to the Eighth Circuit to delay oral arguments on climate change rules, suggesting these rules might be withdrawn.
  • Chapter 5, Reach of Securities Act Regulation, discusses the Commission’s decision to pause several crypto cases in anticipation of a different regulatory scheme for digital assets.
  • Chapter 6, Securities Act Registration Exemptions, covers The PIPE and private placement markets.
  • Chapter 8, Securities Act Liability, discusses the courts’ stance on traceability in Securities Act claims. It highlights the Ninth Circuit’s decision in Slack Technologies to extend the traceability requirement to section 12 claims, following the U.S. Supreme Court’s strict tracing requirement for section 11 claims.
  • Chapter 9, Registration and Periodic Reporting Under the Exchange Act, discusses potential shifts in regulatory policy, particularly regarding climate change disclosures. It highlights actions by acting Commission Chair Mark Uyeda that may signal the possible withdrawal of these rules.
  • Chapter 10, Regulation of Proxy Solicitations, explores corporate reincorporation and its impact on shareholder protections under state laws. It discusses uncertainty in proxy advisory service regulations, the ongoing legal debate over classifying proxy voting advice for a fee as a solicitation, and a significant mid-proxy season change where the Commission Staff issued SLB 14M, which shifts the focus of no-action requests for exclusion under Rule 14a-8 back to the specific company’s business rather than broader issues.
  • Chapter 12, Fraud Under Rule 10b-5 and Related Issues, talks about the rise in securities lawsuits in 2023, especially those involving Artificial Intelligence. It mentions that the total value of these cases has grown significantly. The chapter also covers the appeal in a “shadow trading” case and the success of the Commission’s Whistleblower program, which has awarded over $2.2 billion. Lastly, it discusses penalties for companies that retaliate against whistleblowers.

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Book Update: Commercial Ground Leases

Commercial Ground Leases acquaints readers with key concepts, dispute resolution practices, and drafting strategies concerning commercial ground leases. The book features enlightening discussions on base and ground rents, reappraisals, tenant and landlord financing, subletting, exculpatory clauses, mortgage financing, insurance and damage considerations, defaults, redemption, and rights to repurchase, inflation indexing and other important commercial ground lease concepts, along with dozens of practice-ready forms and checklists. This sixth release of the treatise is significantly updated with the latest developments in the law and practice of ground leases.

The new release includes the following updates:

  • Chapter 3, Base Rent and Other Payments, dis­cusses the concept of holding rent, in the context of the preconstruction period section (Section 3:2.3).
  • Chapter 10, Ground Lease Term, covers the redevelopment option, the option to the tenant to redevelop the property at its then-highest and best use with a right to an extension of the term (section 10:8.3).
  • Chapter 18, Condemnation, discusses utility easements, as part of the discussion of partial condemnation and rental abatement (section 18:5.1).
  • Appendix A, Ground Lease, renamed the subsection “Extended Term” to “Reappraisal of Minimum Rent.”
  • In addition, the Bibliography, Table of Authorities, and the Index have been updated.

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Book Update: Accountants’ Liability (Third Edition)

Accountants’ Liability (Third Edition) is a comprehensive reference guide to auditor liability jurisprudence and defense strategies. Written by lawyers with decades of experience working at the reg­ulators of the profession and representing accounting firms and their personnel, this treatise helps the reader understand how to approach a regulatory investigation and the applicable laws, rules, and professional standards promulgated by organizations such as the FASB, AICPA, NASBA, and others that govern the profession. Every year, the authors update the book to address the latest key case law relevant to various defenses and privilege/protection assertions, and the sources of current claims, the various legal theories upon which they may be instituted, and the strategies and tactics used by the parties in litigating such claims.

The new release (Release 2) includes updates to the following chapters:

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Book Update: Insurance and Investment Management M&A Deskbook

Insurance and Investment Management M&A Deskbook provides attorneys with an essential reference to keep up with emerging trends in insurance and investment management M&A. This comprehensive guide addresses various topics, including the acquisition of public insurance companies, blocks of insurance business, and private acquisitions. It also examines the regulatory environment of the insurance and financial services industries, the involvement of private equity and pension funds in the insurance sector, and the expansion of insurance industry participants into emerging markets globally. Additionally, the Deskbook offers detailed insights into Lloyd’s of London and the M&A market for mutual life insurers.

The new release (Release 10) includes the following updates:

  • Chapter 2, Private Acquisition of an Insurance Business, discusses the latest developments in U.S. state privacy law (Section 2:4.4[J]) ERISA fiduciary rules Section (2:4.4[K]), EU and U.K. sanctions regimes (Section 2:4.7), and challenges to the U.S. Corporate Transparency Act (Section 2:4.9).
  • Chapter 4, Private Equity and Other Financial Sponsor Investments in the Insurance Industry, provides updates on insurance company investments in asset managers (Section 4:2.2[C]), minority investments and leveraged build-ups by financial sponsors (Section 4:2.2[F]), and structuring acquisition finance in insurance sector transactions in the United States (Section 4:4.3).
  • Chapter 7, Selected Tax Issues in Insurance M&A, provides updates on proposed Treasury regulations with respect to CAMT and the significant uncertainty around rulemaking in this area (Section 7:4.5).
  • Chapter 9, Investment Management M&A, provides the latest on the enforceability of non-compete agreements (Section 9:2.1), DOL Fiduciary Rule implementation (Section 9:3.7), and the U.K. FCA MiFID II rules on purchasing investment research (Section 9:5).

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Book Update: Patent Litigation (Third Edition)

Patent Litigation (Third Edition) explores key strategies and intricacies of patent litigation. Readers receive real-time guidance from an experienced litigator who has represented U.S. and international patent holders before U.S. courts and the International Trade Commission. The book covers the patent case life cycle, from pre-suit investigations to appellate practice, offering pointers on developing case themes, assembling strong litigation teams, leveraging discovery, and maximizing the impact of evidence and experts. It also addresses case management concerns, including setting budgets, working with consultants and vendors, and using technology to enhance advocacy. 

The new release includes the following updates: 

  • Chapter 6, Case Strategy and Management, discusses the introduction of remote depositions, (Section 6:5.5). 
  • Chapter 10, Injunctions, notes a recent Federal Circuit case instructing that opponents of a preliminary injunction must show that the public would miss out on superior foregoes products, not just face limited choices, (Section 10:5). 
  • Chapter 11, Pretrial Proceedings, provides an updated list of technology available in certain courts, (Section 11:7.4). 
  • Chapter 14, Patent Litigation Other Than District Court Infringement Actions, includes revisions of the 2025 amendments to deposition and interrogatory rules, (Section 14:4.6), the Federal Circuit’s ruling in Zircon Corp. v. Int’l Trade Comm’n, (Section 14:4.8[B][1]), and the impact of Loper Bright v. Raimundo on ITC practice, particularly regarding the exclusion of infringing articles from importation, (Section 14:4:13). 
  • Chapter 15, Challenging Validity in the PTO Under the 2011 America Invents Act, has been revised to discuss the PTO’s Interim Director Review Process guidance and the recently established Appeals Review Panel process, (Sections 15:8.1 and 15:8.2). 

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PLI PLUS subscribers can access this title through their subscription. 

Book Update: Financial Services Regulation Deskbook

Financial Services Regulation Deskbook covers the significant changes to the regulation of financial services institutions by the Dodd-Frank Wall Street Reform and Consumer Protection Act and subsequent implementing regulations. This book provides analysis of and commentary on the legislation’s practical effects on industry practice, including identifying areas of legal ambiguity that must be solved only by advocacy with the relevant regulators.

The new release includes updates to the following chapters:

Chapter 4, Systemic Regulation: Financial Stability Oversight Council, discusses the Analytic Framework for Financial Stability Risk Identification, Assessment, and Response, and the revised Guidance for Nonbank Financial Company Designations announced in November 2023.

Chapter 7, Bank Regulatory Reform, covers the Basel Endgame Proposal, which is the only significant proposal by the federal banking agencies to address the March 2023 bank failures.

The Table of Authorities and Index have also been updated for this release.

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Book Update: Holtzschue on Real Estate Contracts and Closings: A Step-by-Step Guide to Buying and Selling Real Estate (Third Edition)

Holtzschue on Real Estate Contracts and Closings provides thorough legal, technical, and strategic guidance to help implement dispute-free residential deals more quickly and easily. This book clearly explains the governing law and customary industry practices, enabling practitioners to efficiently handle real estate transactions. It covers managing the appropriate documents, tax issues, and brokers, drafting and negotiating the contract, with sample forms that save time and effort, preparing for the closing, including the documents and scheduling details, and closing the sale, including delivering and reviewing deeds and other paperwork, and dealing with insurance policies, tax documents, and closing checks.

The new release includes the following updates:

  • Chapter 2, Drafting and Negotiating the Contract, includes a new caveat emptor case that rejected the special facts doctrine, an article about a proposed amendment to RPAPL 881 concerning licenses, a new remedies case, a mortgage commitment contingency case where a purchaser acted in good faith, easement cases, and a time of the essence case where notice was too short.
  • Chapter 4, The Closing,discusses the uncertainty as to the effective date of the Corporate Transparency Act and rules.

The Tables of Authorities have also been updated.

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Book Update: Patent Claim Construction and Markman Hearings

Patent Claim Construction and Markman Hearings provides in-depth guidance to this important area of patent practice, walking the reader through the entire process of preparing for, conducting, and appealing a Markman hearing. This book helps readers understand how courts decide “what a person of ordinary skill in the field of the patent invention would understand the language of the claim to mean”, the impact of prior constructions on a new hearing, how to decide what claims or claim elements should be construed by the court, what constitutes intrinsic and extrinsic evidence in interpreting the claim, at what point in the overall patent proceeding a construction hearing should be held, and what are the rules that will be used when a contested construction is an issue in an appeal to the Federal Circuit.

The new release includes the following updates:

  • Reviews a case in which a district court judge recused himself from the case on remand from the Federal Circuit because he had “no idea how to reconcile the facts presented to the court with the Federal Circuit’s holding” and did not believe that that he could “set aside [his] previous conclusions to make an impartial determination.” (See section 1:3.1).
  • Covers Vascular Solutions LLC v. Medtronic, where the Federal Circuit rejected the notion that a term—“substantially rigid portion/ segment”—needed to be consistent across claims. (See section 2:2.1[B][5]).
  • Includes discussion of a case in which the Federal Circuit explained how to determine whether the lower court or Board construed a claim or whether it has simply compared the claim to prior art or an allegedly infringing technology (See section 11:2).

Appendix C, Table of Authorities and Index have also been updated.

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

The Circular 230 Deskbook: Related Penalties, Reportable Transactions, Working Forms is an essential compliance resource for every tax professional who practices before the IRS, helping practitioners comply with complex Circular 230 amendments more easily while avoiding costly penalties and sanctions. This practice guide shows you how to meet mandated duties applicable to six types of covered opinions, comply with critical requirements for written tax advice, carry out prescribed duties when advising in preparation of tax returns, satisfy reporting/list maintenance rules for six types of reportable transactions, and qualify for ”safe harbors” that free you from burdensome Circular standards, exploit proven defenses against the Code’s section 6662 penalties, and avoid common errors that can trigger these 6662 penalties.

The new release includes the following updates:

  • Chapter 1, Deference: When the Court Must Yield to the Government’s Interpretation, discusses a D.C. Circuit Court decision ruling in favor of the taxpayer after noting that the regulation in question was amenable to both a pro-taxpayer and pro-IRS reading and that the IRS itself had previously agreed with the taxpayer’s reading.
  • Chapter 4, Circular 230, advises that the IRS and Treasury issued proposed amendments to various sections of the Circular in late December 2024. The proposal is driven, in large part, by losses the IRS sustained in two cases (Loving v. IRS and Ridgely v. Lew) limiting its authority under the statute that authorizes the promulgation of the Circular.

The Table of Authorities have also been updated.

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