Category Archives: Banking and Commercial

Treatise Update: Commercial Legal Finance

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Commercial Legal Finance is a comprehensive guide to the commercial legal finance industry that offers practical guidance on the mechanics of litigation and arbitration finance in key jurisdictions and practice areas around the world. This book introduces the benefits and use cases for commercial legal finance for in-house and law firm lawyers and addresses key questions concerned with legal finance structures, pricing, and mechanics, providing a step-by-step overview of the process for obtaining legal finance.

Highlights from the new release include:

  • New Chapter on Legal Finance and Insurance: As the commercial legal finance field has developed to address the needs of businesses to transfer or share legal risk, it has intersected with another discipline that regularly trades in such risk: the commercial insurance industry. This new chapter discusses the relationship between legal finance and insurance products that facilitate or complement the funding and monetization of legal claims offered by legal financiers (see Chapter 12).

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PLI PLUS subscribers can access this title through their subscription.

New Title! Commercial Legal Finance

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PLI Press is proud to announce the publication of the new practice guide Commercial Legal Finance.

This book offers industry-specific guidance on the mechanics of litigation and arbitration finance in key jurisdictions and practice areas around the world.  It provides a wealth of applied use cases for law firms and corporations and addresses key questions concerned with legal finance structures, pricing, and ethical considerations. The book also gives a step-by-step overview of the process for obtaining legal finance and a helpful glossary of terms.

Notably, Commercial Legal Finance covers the following important topics:

  • The basics of commercial legal finance (see Chapter 1)
  • The role of the funder (see Chapter 2)
  • The mechanics and economics of funding (see Chapter 3)
  • The major ethical issues related to legal finance (see Chapter 4)
  • The financing of investor-state arbitration (see Chapter 5)
  • Key considerations for financing patent litigation and other intellectual property matters (see Chapter 6)    

In addition, the book devotes full chapters to the use of funding in the U.S. (Chapter 7), England and Wales (Chapter 8), Europe (Chapter 9), Asia (Chapter 10), and Australia (Chapter 11).

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.

May’s Free Legal Form of the Month

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PLI PLUS offers unlimited electronic access to more than 4,500 downloadable, searchable, and editable legal forms ready for use in your practice. In an effort to highlight this unique content type, we’ve selected one form per month and made it available for anyone to download for free – no subscription required.

May’s free form:

Memorandum to Employees Advising Them of Investigation

More information about Legal Forms & Checklists:

  • Forms & Checklists Flyer – This flyer provides an overview of the forms & checklists on PLI PLUS and highlights a handful of popular examples.
  •  Popular PLUS Forms – This flyer provides a list of the top five most downloaded forms in prominent practice areas on PLI PLUS.

Send us an email at plus@pli.edu to learn more.

New Edition! Legal Guide to the Business of Marijuana: Cannabis, Hemp and CBD Regulation (2022 Edition)

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PLI Press is proud to announce the publication of the new edition of Legal Guide to the Business of Marijuana.

Updated annually, the book is a unique resource offering critical guidance on a wide range of interrelated topics for lawyers who represent clients in the fast-growing legal cannabis industry.  It sorts through the complex and varying state regulation of medical and non-medical marijuana with an appendix providing the latest key state legislation (see Chapter 3 and Appendix C). 

It also looks into the various aspects of establishing and managing a marijuana enterprise, including the growing, licensing, labeling, transporting, and distribution of marijuana and related products (see Chapters 7, 10, 11, 13, and 15).  In addition, the guide addresses federal law, enforcement, and preemption and their implications for employment, taxes, and banking (see Chapters 8 and 9). 

For lawyers new to representing cannabis clients, the authors provide an understanding of the definitions of marijuana and other cannabis products, as well as a review of the policy and political issues that have led to the controversy and uncertainty of the current environment (see the Table of Contents).

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PLI PLUS subscribers can access this title through their subscription.

New Edition! Net Leases and Sale-Leasebacks: A Guide to Legal, Tax and Accounting Strategies (2022 Edition)

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PLI Press is proud to announce the publication of the new edition of Net Leases and Sale-Leasebacks: A Guide to Legal, Tax and Accounting Strategies.

The treatise covers all aspects of the ownership, financing, documentation, taxation, and accounting for net leases with a focus on those areas where the treatment of net leases differs from the treatment of other forms of real estate investment. It includes in-depth guidance on sophisticated and complex structuring issues, particularly with respect to the latest tax and financial accounting rules, and provides readers with several appendices to assist with the nuts and bolts of net leasing practice, including a sample Net Lease and a sample Ground Lease.

Highlights of the 2022 Edition include:

  • Tenant Purchase Options. Chapter 2 (The Lease) has been updated with an expanded discussion of the risks to the landlord arising from a tenant purchase option.
  • Tax Considerations. Chapter 5 (Tax Considerations) has been updated with new material on section 1031(f) and related party exchanges, allocating interest payments between deductible and non-deductible uses, transfer tax liability, series LLCs, promoted interests, and more.
  • Sample Net Lease: Appendix E (Sample Net Lease) has been updated with new Force Majeure and Right to Go Dark provisions.

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PLI PLUS subscribers can access this title through their subscription.

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

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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. Most importantly, it examines all significant, and often difficult-to-find, derivative transactions litigation cases from leading jurisdictions worldwide.

Highlights of this new release include:

  • Expanded section 1:1 explains the repercussions of the Texas energy crisis that occurred in February 2021, particularly with regard to how it relates to corporate end-users of derivative transactions.
  • Revised section 6:6.1 explores how additional termination events that are tied to the financial health of a counterparty could be specified conditions similar to having events of default as specified conditions.
  • Completely revised Chapter 9 examines the Dodd-Frank Act, EMIR, and MiFid II, and their implications on the OTC derivatives market in light of the 2020 revisions to Commodities Futures Trading Commission regulations.

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PLI PLUS subscribers can access this title through their subscription.

Treatise Update – Investment Adviser Regulation: A Step-by-Step Guide to Compliance and the Law (Third Edition)

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Investment Adviser Regulation: A Step-by-Step Guide to Compliance and the Law is an essential resource for investment advisers, securities attorneys, compliance personnel, and federal and state regulators, and a useful reference for today’s investors. It guides practitioners through a maze of statutory, SEC, and state standards as well as provides advice on the practical aspects of building a practice. 

This treatise update offers expanded coverage of the rules and regulations affecting investment advisers. Highlights of this new release include:

  • Chapter 9, Chapter 13, and Chapter 14 now present enhanced guidance on drafting advisory contracts and coverage of the SEC’s and DOL’s reexamination of recent rules related to proxy voting.  Notably, Chapter 14, Privacy of Client Financial Information: An Overview, has been extensively updated to examine the federal, state, and foreign data privacy laws that are most relevant to investment advisers operating primarily in the United States, and, according to these laws, what those advisers must do to protect the privacy of their clients’ financial information.
  • Chapter 45, Chapter 46, Chapter 46A, Chapter 48 and Chapter 49B feature the latest counsel to managers, sponsors, and overlay managers of Model-Based Advisory Programs; the recent adoption of Rule 152 that contains a single safe harbor simplifying the integration framework for securities offerings under the Securities Act of 1933 (see section 46:4.1[I] of the Hedge Funds chapter); and updated coverage of the implications of federal registration for a hedge fund manager (see section 46A:5).  These chapters provide updated information for advisers to private equity funds and collective trust funds and investment advisers in the retirement market.
  • Chapter 61, Chapter 63, Chapter 64, Chapter 65, Chapter 66, and Chapter 67 call attention to new information relevant to investment and digital advisers in the areas of marketing, blockchain and digital assets, data protection, and financial services cybersecurity. Additionally, a new Chapter 65 covers model risk considerations for investment advisers and Chapter 61 contains added discussion of the SEC’s redefinition of “readily available market quotations” as it is used throughout the Investment Company Act (see section 61:5).

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Treatise Update: Hillman on Documenting Secured Transactions

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As case law exposes costly and needless drafting errors and as courts wrestle with applying a complex law to increasingly intricate deals, Hillman on Documenting Secured Transactions: Effective Drafting and Litigation aims to share best practices in documenting secured transactions within the broad legal framework and to maintain its role as the leading practical guide for attorneys drafting and litigating under Article 9 of the Uniform Commercial Code. 

Updated content from the new release includes:

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PLI PLUS subscribers can access this title through their subscription.

New Title! FinTech, RegTech, and the Financial Services Industry

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PLI Press is proud to announce the publication of the new treatise FinTech, RegTech, and the Financial Services Industry.

Editor Clifford Kirsch, a leading securities lawyer with more than 25 years of regulatory, corporate counsel, and private practice experience, and a team of 39 experts offer extensive analysis of the legal and compliance issues arising out of the increasingly rapid developments in financial technology, including crowdfunding, blockchain technology and cryptocurrency, and the advent of robo-advisors, and the emerging regulatory framework.

Divided into seven parts, this treatise:

  • Provides introductory discussions tracing the development of fintech, regtech, and suptech, as well as a review of the regulatory agencies that cover financial products and services that fall under the fintech umbrella.
  • Examines the business applications of fintech and their attendant regulatory implications, such as the use of digital technology by financial services firms to interact with customers; raising equity capital through the SEC’s Regulation Crowdfunding; and more.  
  • Covers the concept of creating a general ledger through blockchains, which can be relied upon by the public as a source of information of ownership.
  • Examines the issues that arise when considering the handling and use of data by fintechs.
  • Considers anti-money laundering in the fintech context.
  • Provides a discussion of the legal effectiveness of electronic signatures, electronic records, electronic delivery (“e-delivery”) of records, and electronic retention of records.
  • Discusses firms’ integration of data analytics into their compliance programs, as well as regulators’ use of data analytics to surveil financial markets for potential misconduct.

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More PLI Press books by Clifford Kirsch:

Treatise Update: Equipment Leasing– Leveraged Leasing

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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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PLI PLUS subscribers can access this title through their subscription.