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Category Archives: Commercial
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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PLI PLUS subscribers can access this title through their subscription.
Free Form of the Month
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:
Internet Domain Name Purchase Agreement
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
Treatise Update: Commercial Ground Leases (Fourth Edition)
Commercial Ground Leases (Fourth Edition) 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.
The new release includes the following updates:
- Chapter 3, Base Rent and Other Payments, includes an updated discussion of indexing and step rents.
- Chapter 4, Reappraisal of Ground Rents, highlights a new discussion that traces the history of ground rent resets and provides an annotated form of reappraisal clause involving both use value and highest and best use reappraisal techniques.
- Chapter 8 , Leasehold Financing, includes new lease provisions.
- Appendix A, Ground Lease, includes updated Annual Minimum Rent provision during the Extended Term involves both use value and highest and best use reappraisal techniques.
- Appendix X, Inflation Indexing, is updated with Chart 5, which covers the years 1950 to 2024, a total of seventy-five years.
The Tables of Authorities and Index have also been updated.
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Treatise Update: Hillman on Commercial Loan Documentation (6th Edition)
Hillman on Commercial Loan Documentation offers practical guidance on how to document transactions in ways that secure lenders’ interests, minimize their risks, and protect them from liability. Packed with time-saving sample forms and sample drafting language, this book allows you to craft more quickly and confidently the full range of relevant documents, including loan agreements, security agreements, financing statements, pledges, guaranties, and opinion letters. This book also illustrates how to create loan closing checklists that ensure every key step is taken to get solid deals done and how to draft agreements that protect lenders from environmental risks, resolve conflicts with creditors, and allow lenders to capitalize on lucrative financing opportunities.
The new release includes the following updates:
- Revised § 20:2.1, Evidence of Property Insurance, explains that an ordinary “loss payee” clause may not protect the lender against the borrower’s arson, insurance fraud, or negligence.
- Revised § 24:2.1, The Debtor Changes Its Name, explains that under the federal REAL ID regulations, an individual’s driver’s license must include the debtor’s full middle name, not just a middle initial, possibly making a filing “seriously misleading.”
- New § 24:9, Changes in the Means of Perfection, examines the 2022 Code amendments adding control to the perfection techniques for controllable electronic records, controllable accounts, controllable payment intangibles, and electronic money.
The following forms have also been updated:
- Form 2.1 Disclosure Letter (Authorizing Counsel to Represent Borrower Only
- Form 6.1 Certificate of Corporate Authorization for Borrowing
- Form 6.2 Certificate of Corporate Authorization for Issuing Guaranty
- Form 6.3 Limited Liability Company Credit Authorization
- Form 10.2 Security Agreement
- Form 10.3 Security Agreement Tied to Loan Agreement
- Form 10.4 Perfection Certificate (Entity Debtor)
- Form 10.5 Perfection Certificate (Individual Debtor)
- Form 10.6 Loan and Security Agreement (Accounts Receivable and Inventory Financing, with All Personal Property and Fixtures as Collateral)
- Form 20.1 Evidence of Property Insurance— ACORD 27
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New Title! Commercial Legal Finance
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.
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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.
Treatise Update – Hillman on Documenting Secured Transactions: Effective Drafting and Litigation (Third Edition)
Hillman on Documenting Secured Transactions offers grounded guidance on best practices for documenting and litigating secured transactions prepared pursuant to Revised Article 9 of the Uniform Commercial Code (U.C.C.). It offers a working grasp of the legal, technical, and business aspects of Article 9 transactions and examines the effects of the 2022 Amendments on nearly every article of the U.C.C. To gain free access to Chapter 18, which addresses the 2022 Amendments in more detail, click here.
Among the many topics updated in this new release are the following:
- Perfection: A table of the new perfection methods under the 2022 Amendments (see section 2:6.2).
- Signed Security Agreements: A listing of the increased number of situations in which a signed security agreement is not necessary under the 2022 Amendments (see section 4:1.2).
- After-Acquired Collateral: A summary of the ways in which the 2022 Amendments narrow the scope of the prohibitions against security interests in after-acquired consumer goods or commercial tort claims (see section 7:2).
- Control Under the 2022 Amendments: A discussion of how the 2022 Amendments offer new ways to perfect security interests in digital assets (see section 18:4).
- Unperfected Security Interests: An explanation of the changes the 2022 Amendments make to U.C.C. § 9-317(b) regarding buyers who receive delivery (see section 19:2.1).
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Treatise Update – Advertising and Commercial Speech: A First Amendment Guide (Second Edition)
Advertising and Commercial Speech: A First Amendment Guide offers a practical examination of how the U.S. Supreme Court’s commercial speech doctrine impacts advertising across nearly 50 industries and professions. The book explores legal standards for defamation, false commercial speech, and disparagement along with developments around advertising for alcohol, financial institutions, professional services, medication, real estate, tobacco, and more.
Among the many topics discussed in this new release are the following:
- Compelled editorial transparency: New section 12:13 discusses laws passed in Florida and Texas targeting social media platforms’ efforts to combat user-generated disinformation posted on their websites.
- On-site and off-site signs and billboards: Section 13:2.1[A][7] covers the Seventh Circuit’s ruling regarding whether to apply strict scrutiny or intermediate scrutiny to an ordinance limiting digital displays and off-premises signs.
- Drugs & drug paraphernalia: Section 14:14 explores a case from the Washington Court of Appeals rejecting a challenge to the state’s advertising restrictions on marketing cannabis products.
- Regulation of advertising content: Revisions to chapter 14 include:
- The ruling of a Florida judge regarding whether part of the state’s Stop W.O.K.E. Act, which forbids companies from undertaking mandatory employee DEI training programs designed to limit or avoid discrimination practices, is unconstitutional (see section 14:16 on fair employment); and
- The Eastern District of Arkansas’ final ruling in the Tofurky case involving marketing of plant-based foods (see section 14:20 on food).
In addition, this release includes an updated Table of Cases, Defendant-Plaintiff Table, and Index.
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PLI PLUS subscribers can access this title through their subscription.
Treatise Update – Advertising and Commercial Speech: A First Amendment Guide (Second Edition)
Written by First Amendment experts, Advertising and Commercial Speech: A First Amendment Guide focuses on how the Supreme Court’s commercial speech doctrine affects advertising in nearly fifty industries and professions including for the services of accountants, doctors and dentists, lawyers, pharmacists, educators, and more.
Among the many topics discussed in this new release are the following:
- Lanham Act and misappropriation claims: New material in section 9:2 discusses two major post-Ariix decisions from federal courts in San Francisco involving failed lawsuits seeking to leverage the Lanham Act as a basis for challenging Facebook’s efforts to police its website against the spread of online misinformation.
- Compelled commercial speech—housing: A revised section 12:11 examines a case from the Eastern District of New York involving a challenge by “five small landlords” to an emergency state eviction moratorium law enacted in the middle of the COVID-19 pandemic.
- Taxation of media: An update to section 13:4.1 covers a case from the Ohio Supreme Court regarding whether a billboard tax violated the First Amendment’s protections for freedom of speech and freedom of the press.
- Regulation of advertising content: Cases added to chapter 14 include:
- Florida proceedings challenging the state’s law that prohibited cruise lines from requiring passengers to provide COVID-19 vaccination or post-infection recovery documentation prior to boarding (see section 14:2); and
- Fair housing cases dealing with a Seattle ordinance that precluded landlords from taking adverse action against tenants and prospective tenants based on criminal history and a case in New York involving a law that prohibited landlords from “threatening” residential or commercial tenants based on the tenant’s COVID-19 status (see section 14:17).
In addition, this release includes an updated Table of Cases, Defendant-Plaintiff Table, and Index.
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New Edition! Social Media and the Law
PLI Press is proud to announce the publication of the new edition of Social Media and the Law.
This book can help to minimize the risk of litigation and other legal problems arising from the use of social media platforms by analyzing it in various legal contexts, including privacy, civil litigation, employment, criminal activity and prosecution, intellectual property, defamation, advertising, and regulated industries. Relevant legislation, court opinions, usage trends, and industry responses are discussed.
Notable developments covered in the new edition are:
- Use of technology by Human Resources departments (Chapter 6): Recent statistics on the growing use of AI, big data, and data analytics in employment recruitment are discussed.
- Deceptive practices (Chapter 8): A new section discusses two self-regulatory programs operated by the Better Business Bureau that are of relevance to social media advertising: the National Advertising Division and the Children’s Advertising Review Unit, the latter of which issued revised guidelines that became effective on January 1, 2022.
- Required disclosures in advertising (Chapter 8): In October 2021, the FTC began sending a series of Notices of Penalty Offenses to large numbers of businesses following an April 2021 Supreme Court decision that stripped the FTC of its authority to obtain monetary redress without first engaging in administrative proceedings.
- Privacy of victims of crime (Chapter 9): A new section discusses the privacy and ethical issues arising from the provision of social media information about victims of crime.
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