Tag Archives: treatise

Treatise Update: Friedman on Leases (6th Edition)

Friedman on Leases clarifies and analyzes the full range of lease provisions and conceivable landlord-tenant situations to give you unsurpassed practical instruction on how to negotiate and draft airtight agreements that protect your clients’ rights and minimize their liability exposure.

Packed with numerous case decisions with commentary and valuable sample lease clauses and agreements, practitioners will be able to draft, negotiate, and amend every essential document involved in commercial leasing, modify lease provisions for the full variety of landlord-tenant arrangements, anticipate and resolve problematic transaction developments, avoid drafting errors,  deal with difficult issues specific to assignments, subletting, renewals, take-over leases, percentage leases, and other challenging aspects of commercial leasing.

The new release includes the following updates:

  • Chapter 2 discusses Florida’s recently enacted legislation that restricts non-citizens who are domiciled either in China or other specified “countries of interest” from purchasing or acquiring any interest in real property in the state.
  • Chapter 3 dives into express parking rights, including the latest case development.
  • Chapter 4 provides an updated discussion on the possible right of bankruptcy trustee to terminate tenant’s lease rights, including the latest case developments.
  • Chapter 5 covers tenant’s obligation to pay associated interest, penalties, and costs imposed due to tenant’s non-payment of real estate taxes, and includes a clause making clear tenant’s liability for such obligations.
  • Chapter 6 provides commentary on implied duties of continuous operation.

The Table of Cases and Index have also been updated.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

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

We have recently updated our Treatise, The Circular 230 Deskbook, which helps tax practitioners comply with complex Circular 230 amendments more easily — and avoid costly penalties and sanctions.

This new version includes the following:
• Revised section 1:2, Chevron Deference, examining SIH Partners
LLLP v. Commissioner, in which the court clarified the distinction
between a legislative rule and an interpretive rule for purposes of
the Administrative Procedure Act.
• New section 4:13.8[D][10], Supervisor’s Approval, explaining that
a section 6751 penalty can be assessed only if it is approved by
the immediate supervisor of the individual making such determination
or such higher-level official as the Secretary may designate.
• Updated Appendix L, IRS Form 706; Appendix M, IRS Schedule M-3
(Form 1120); and Appendix N, IRS Form 2848.

The Circular 230 Deskbook is an essential compliance tool for every tax professional who practices before the IRS.

The updated Treatise is available on PLI PLUS, our online research database.  If you’d like to order a print copy, please email libraryrelations@pli.edu or call 877.900.5291.

 

New Edition of PLI’s Guide for Accountants, Auditors and Attorneys

acc-liaPLI recently published the second edition of Accountants’ Liability.

Accountants’ Liability has been the reliable and readable resource that accountants have turned to for guidance on how they can meet their professional responsibilities, comply with relevant rules, and avoid the increased number of legal land mines.

This newly updated edition provides attorneys with the legal, strategic, and tactical knowledge they need to prove (or successfully defend against) claims against accountants such as:

  • Breach of contract
  • Breach of fiduciary duty
  • Negligence
  • Securities claim fraud
  • Common law fraud
  • Civil RICO actions, and
  • Practice and ethical violations.

Accountants’ Liability explores the damage done if accountants fail to follow professional conduct, auditing, accounting or tax standards. The expert authors discuss the sources of current claims, the various legal theories upon which they may be instituted, and some of the practical problems faced by the parties in litigating such claims.

This essential title is available on PLI Discover PLUS, our online research database. If you’d like to order a print copy, please email or call (877-900-5291) us.

New Treatise! Net Leases and Sale-Leasebacks: A Guide to Legal, Tax and Accounting Strategies

Net Leases and Sale-Leasebacks

Net Leases and Sale-Leasebacks: A Guide to Legal, Tax and Accounting Strategies covers of every aspect of the ownership, financing, documentation, taxation and accounting for net leases and sale-leasebacks. The book focuses on those areas where the treatment of net leases and sale-leasebacks differs from the treatment of other forms of real estate investment.

This new title authored by specialist Ken Miller (Gorman & Miller) provides a detailed discussion of the important concepts underlying transactions in this area, as well as a clause-by-clause explanation of the mandatory and optional provisions of a net lease investment agreement.

Net Leases and Sale-Leasebacks: A Guide to Legal, Tax and Accounting Strategies includes in-depth guidance on sophisticated and complex structuring issues involving real estate, regulatory, bankruptcy, tax and financial accounting concerns.

This essential new title is available on PLI Discover PLUS, our online research database. If you’d like to order a print copy, please email or call (877-900-5291) us.

New Treatise! Cybersecurity: A Practical Guide to the Law of Cyber Risk

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The many recent sophisticated cyber threats—from hacktivists and empowered insiders to organized criminals and state-sponsored cyber attacks—means that the task of managing cyber risks, once the near-exclusive realm of IT professionals, is now also borne by attorneys, senior executives, and directors. PLI’s new Cybersecurity: A Practical Guide to the Law of Cyber Risk provides the practical steps that can be taken to help your clients understand and mitigate today’s cyber risk and to build the most resilient response capabilities possible.

Cybersecurity: A Practical Guide to the Law of Cyber Risk provides a comprehensive discussion of the complex quilt of federal and state statutes, Executive Orders, regulations, contractual norms, and ambiguous tort duties that can apply to this crucial new area of the law. For example, it describes in detail:

  • The leading regulatory role the Federal Trade Commission has played, acting on its authority to regulate “unfair” or “deceptive” trade practices;
  • The guidance issued by the SEC interpreting existing disclosure rules to require registrants to disclose cybersecurity risks under certain circumstances;
  • The varying roles of other regulators in sector-specific regulation, such as healthcare, energy, and transportation; and
  • The impact of preexisting statutes, such as the Computer Fraud and Abuse Act and the Electronic Communications Privacy Act, on current cybersecurity issues.

In addition, the authors of Cybersecurity: A Practical Guide to the Law of Cyber Risk have supplemented these more traditional sources of law with industry practices and the most important sources of soft law:

  • An explanation of the National Institute of Standards and Technology (NIST) Cybersecurity Framework and information sharing environments from a former Department of Homeland Security official,
  • The views of the U.S. Secret Service on partnering with federal law enforcement and effective information-sharing,
  • The guidance of leading consultants about the appropriate steps to prepare for cybersecurity incidents,
  • The perspective of a leading insurance company on the evolving role of insurance in protecting companies from the financial losses associated with a successful cyber breach, and
  • The views of one of the most sophisticated incident response organizations on the proper elements of effective incident response.

Throughout the book, Cybersecurity: A Practical Guide to the Law of Cyber Risk includes practice tools developed during the hundreds of breaches that the authors have weathered with their clients. These valuable practice aids include checklists, an overview of the legal consequences of a breach, and a tabletop exercise.

If you’d like to order Cybersecurity: A Practical Guide to the Law of Cyber Risk, please email the PLI Library Help Desk or call 877-900-5291.

 

New Treatise! Insurance and Investment Management M&A Deskbook

Insurance TreatisePractising Law Institute (PLI) has announced the release of their newest Treatise title, Insurance and Investment Management M&A Deskbook.

An evolving regulatory landscape and changing economic conditions continue to affect business organization and capital requirements in the global insurance industry, leading to new participants, new transactions, and new challenges. PLI’s new 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.

The Deskbook covers topics such as 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 Deskbook also provides specific guidance for understanding Lloyd’s of London and the M&A market for mutual life insurers.

If you’d like to order Insurance and Investment Management M&A Deskbook, please email the PLI Library Help Desk or call 877-900-5291.

New Treatise! Technology Transactions: A Practical Guide to Drafting and Negotiating Commercial Agreements

Technology Treatise Practising Law Institute (PLI) has announced the release of their newest Treatise title, TechnologyTransactions: A Practical Guide to Drafting and Negotiating Commercial Agreements.

In a world that is increasingly focused on technological innovation, Technology Transactions: A Practical Guide to Drafting and Negotiating Commercial Agreements provides the reader with the tools necessary to draft, review and negotiate technology transaction agreements with the confidence that he or she is properly addressing the most important issues.

This comprehensive title walks the reader through the major legal considerations that surround any technology transaction, including knowledge of the:

  • Intellectual property basics
  • Regulatory framework of the Internet and domain name system
  • Digital Millennium Copyright Act

Technology Transactions also provides a complete discussion of the many privacy considerations that must be kept in mind in an agreement to leverage any emerging technology. Considerations under the following statutes are discussed:

  • HIPAA
  • The Gramm-Leach-Bliley Act
  • The Childrens Online Privacy and Protection Act (COPPA) as well as the many protections that are afforded to international data transfers

The first eight chapters of Technology Transactions discuss specific types of commercial agreements often used in technology transactions, including:

  • Software license agreements
  • Software development agreements
  • Reseller agreements
  • Cloud computing agreements
  • Domain name transactions
  • Technology licensing and IP-centric joint ventures
  • Technology escrow agreements
  • Non-disclosure agreements

Technology Transactions provides practical examples, including nine form agreements, as well as practice tips on how to avoid common and uncommon legal traps for the unwary.

If you’d like to order Technology Transactions: A Practical Guide to Drafting and Negotiating Commercial Agreements, please email the PLI Library Help Desk or call 877-900-5291.

PLI Treatises Updated in April 2014

In April 2014, PLI updated the following Treatises:

If you are on standing order for any of these titles, the releases have already been shipped. If you would like to place an order, please email PLI Library Relations or call 877-900-5291.

IPO Book Wins Burton/ALA Award

IPOWe are pleased to announce that our esteemed faculty member, David A. Westenberg of WilmerHale has won the 2013 Burton/ALA Award for Outstanding Authoritative Book by a Partner in a Law Firm. Westenberg is the author of Initial Public Offerings: A Practical Guide to Going Public (2nd Edition) and a partner in WilmerHale’s Corporate Practice Group.

Click here to buy Initial Public Offerings ($335.00) on PLI.edu. For more information about The 2013 ALA Award, check out Burton Awards’ website.