Category Archives: Practice Areas

Treatise Update: Proskauer on Privacy: A Guide to Privacy and Data Security Law in the Information Age (Second Edition)

Proskauer on Privacy: A Guide to Privacy and Data Security Law in the Information Age is a comprehensive reference on the laws governing every area where data privacy and security is potentially at risk — including government records, electronic surveillance, the workplace, medical data, financial information, commercial transactions, and online activity, including communications involving children. This book gives crucial guidance on how to establish compliance programs that adhere to both federal and state regulations. The aim is to ensure data privacy and security, prevent cybercrime, and avoid potential consequences such as fines, penalties, legal cases, damages, and negative publicity.

Highlights from the new release include updates to the following chapters:

Chapter 4 discusses recent FTC focus on the consumer protection and competition risks associated with algorithms, AI, and automatic tools, including its employment of enforcement tools to disincentivize companies from using data that was wrongfully collected to develop AI.
Chapter 9 talks about a new standard set forth by the NLRB for determining whether an employer rule unlawfully interferes with employees’ exercise of Section 7 rights, overturning its prior standard. Under the current approach, following a showing that a challenged rule is presumptively unlawful, the employer can rebut the presumption by establishing that the rule is necessary to advance a legitimate and substantial business interest that it would not be able to advance with a more narrowly tailored rule.
Chapter 14 includes discussion of significant privacy protection developments globally, including in Argentina, India, Israel, Philippines, Saudi Arabia, Singapore, Switzerland, and Vietnam.

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Treatise Update: Friedman and Smith on Contracts and Conveyances of Real Property (Eighth Edition)

Friedman and Smith on Contracts and Conveyances of Real Property (Eighth Edition) delivers essential information and guidance to practitioners in the field of real estate conveyancing by helping readers to carefully consider all of the issues and options before finalizing a contract, handle unexpected problems and contingencies, factor in a relevant case law when structuring sound agreements, and avoid drafting ambiguous or incomplete contracts. This book explains common law principles, and thousands of statutes and court decisions, creating a road map for readers on what course of action to take and what to avoid at every stage of real estate conveyancing.

Providing more than 140 sample forms, sample clauses, and checklists that simplify and accelerate transactions, Friedman and Smith on Contracts is a comprehensive guide to every aspect of real estate contracts and conveyances.

The new release includes updates on the following topics:

Statute of Frauds: New discussion covers the doctrine of ratification, which sometimes overcomes a violation of the statute of frauds (see section 5:13).
Standard Clauses in Contracts of Sale: Covers attorney review clauses and provides a sample clause commonly used in New York (see section 6:27).
Property Quality: Updated discussion of radon inspection clauses (see section 7:2.1) and express warranties of quality (see section 7:3).
Marketable Title: Discussion of lapse of time updated to cover outstanding mineral rights (see section 14:7.3).
Encumbrances: New discussion of federal tax liens, including which parties and what property are affected (see section 15:4.1).
Risk of Loss and Condemnation: Discussion of con-tract provisions on risk of loss updated with review of Warner v. Estate of Allen, 776 N.E.2d 422 (Ind. Ct. App. 2002) (see section 18:1.5[B]).
Deed Execution and Delivery: Updated introductory discussion of delivery of a deed (see section 27:2.1).
Deed Covenants of Title: Updated discussion of estoppel by deed (doctrine of after-acquired title) (see section 28:5).
Bona Fide Purchasers and Notice: Updated discussion of recitals of fact (see section 30:3.2).
Title Products: Updated discussion of the measure of recovery under a title insurance policy (see section 31:3.4)

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Treatise Update: Fragomen on Immigration Fundamentals: A Guide to Law and Practice (Fifth Edition)

Fragomen on Immigration Fundamentals: A Guide to Law and Practice provides in-depth coverage of the rules, policies, and procedures related to key facets of immigration law in the United States. This includes employment-based and family-based immigration, other avenues for permanent residence, temporary (“nonimmigrant”) admissions for business, study, work, and other purposes, naturalization of foreign-born persons and acquisition of citizenship at birth, refugee and asylum law and other humanitarian protections under U.S. law, the denial of admission and removal of foreign nationals on security- and criminal-related grounds (and other statutory grounds), and the administrative and judicial review of unfavorable immigration determinations.

The new release includes updates to the following chapters:

Chapter 2 covers the new procedures pertaining to permanent labor certifications (PERM) that went into effect on June 1, 2023.
Chapter 5 discusses the new organizational account system for H-1B filings, under which multiple individuals within an organization and their immigration counsel can collaborate on and prepare registrations and petition filings.
Chapter 6 explains the USCIS guidance issued in September 2023 which establishes that asylum applicants must bring an interpreter to their interview if they are not fluent in English or wish to proceed with their interview in a language other than English.
Chapter 7 discusses a Texas law, S.B. 4, set to take effect in March 2024, which would create state offenses related to unlawful entry and unlawful presence which would allow Texas to arrest migrants suspected of crossing the Texas-Mexico border without authorization. In February 2024, a federal district court issued a preliminary injunction placing the law on temporary hold.

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Free Legal 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.

July’s free form:

Checklist of Cyber Legal Preparedness

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.

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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:

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Treatise Update: Bankruptcy Deskbook (Fifth Edition)

Bankruptcy Deskbook provides lawyers with practical assistance on how to achieve fair remedies while avoiding legal problems for clients in bankruptcy proceedings. This treatise covers the demands on Chapter 7 debtors, rules for Chapter 11 small business debtor, requirements for Chapter 13 individual debtors, compliance burdens placed on attorneys, while also keeping readers up-to-date on legal developments through the analysis of recent Supreme Court, court of appeals, and bankruptcy court decisions. It also provides step-by-step guidance through the bankruptcy laws, clarifying the purpose, features, mechanics, advantages, and drawbacks of Chapters 7, 11, 12, and 13 in the era of BAPCPA.

The new release includes updates to the following chapters:

Chapter 6 discusses how the Eighth Circuit has followed the Second Circuit’s Post-Merit holding that an entity may immunize a transaction from attack by a trustee by employing a financial institution as its agent in connection with a leveraged buyout, an approach which has been criticized.
Chapter 7 mentions the split of authority over whether Social Security benefits withheld by the IRS and credited against the debtor’s tax liability retain their exempt status when refunded.
Chapter 9 breaks down the Supreme Court’s recent interpretation of section 523(a)(2)(A) to mean that nondischargeability “turns on how the money was obtained, not who committed fraud to obtain it.” As a result, where a debtor is held liable for a fraud committed by another— such as a partner or agent—the debt will be nondischargeable despite the debtor’s lack of deceit.

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Free Legal Form of the Month

June’s free form:

Framework of an Investment Management 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.
Popular PLUS Forms – This flyer provides a list of the top five most downloaded forms in prominent practice areas on PLI PLUS.

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Treatise Update: Reinsurance Law

Reinsurance Law examines the intricacies of U.S. reinsurance law in the twenty-first century, giving you 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. This practical guide is equipped with time-saving checklists, sample clauses and agreements for efficiency. It comprehensively covers federal and state law, industry standards, and practices, such as the Utmost Good Faith and Follow-the-Fortunes doctrines, and does so in a straightforward and easy-to-understand manner.

Highlights of the release include:

Revised Chapter 6 explains that arbitration is a matter of contract, and courts must enforce arbitration agreements according to their terms. Parties may agree to have an arbitrator decide whether the parties have agreed to arbitration.

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

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Treatise Update: Langer on Practical International Tax Planning (5th Edition)

Langer on Practical International Tax Planning provides current knowledge and expert advice attorneys need to help clients capitalize on ripe tax havens and financial centers. The book provides up-to-date information on the legal, tax, business, financial, social, political, technological, geographical, and regional factors to consider when developing and implementing customized planning strategies for clients. Packed with case studies, the book guides readers on how to select the right territories for each client, deploy the right instruments within each territory to eliminate, reduce, or defer taxes, avoid planning missteps that trigger tax problems, use local contacts to open doors to tax havens, and respond effectively to changing tax planning situations in specific havens and financial centers.

The latest release includes updates on:

Chapter 2 discusses the Tax Court holding that a partnership was engaged in the conduct of a U.S. trade or business based on the activities of its asset manager, and was also a “dealer in securities” subject to the mark-to-market accounting rules of section 475.
Chapter 5 talks about a case in which the Tax Court noted that the scope of section 904(f)(3) allows taxpayers to offset U.S. tax liability with a foreign tax credit, but does not cap the taxpayer’s gain to the amount of corresponding loss.
Chapter 18 explains an IRS legal memorandum concluding that restricted stock units compensating an employee for work performed for both a U.S. employer and its controlled foreign corporation are wages subject to federal income tax withholding, but only grants for work performed in the United States will be subject to FICA.
Chapter 26 examines what it means to “willfully” (or “non-willfully”) file a false income tax return or fail to report foreign bank accounts.

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Free Legal Form of the Month

May’s free form:

Template Clawback Policy

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.