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Distressed Loan Workouts and Lender Remedies

Transcripts  Transcripts    

Recorded on: Jun. 10, 2013

MARTIN D. POLEVOY: Welcome back for the second part of the program. We have with us Richard Fries and Jamie Levitt. Richard Fries is the co-chair of the real estate department of Bingham McCutchen. He represents institutional lenders and owners in distress loan workouts and in restructuring of various financing instruments. Some of his recent transactions included representing lenders in the Carlton House renovation project on Madison Avenue and ...

State of the Market and Representing Special Servicers

Transcripts  Transcripts    

Recorded on: Jun. 10, 2013

MEGHAN K CARNEY: Without further ado, it is now my pleasure to introduce to you the chairs of today's program, Martin Polevoy and Jonathan Mechanic. Martin is a partner of, and chair of, the New York real estate practice at DLA Piper, LLP. Martin's practice includes all areas of real estate, with particular emphasis on sales development, leasing, financing, and joint ventures. Martin's practice includes representing Port Authority of New York and ...

Closing Complex Transactions

Transcripts  Transcripts    

Recorded on: Jun. 10, 2013

MARTIN D. POLEVOY: Welcome back to the second session of the morning program. And we're about to hear from Ron Sernau and Rob Sorin, relating to successfully negotiating a contract of sale and what are the things one has to do to close a transaction. With us, we have, as I said, Ron Sernau, who's the co-chair of the real estate department of Proskauer Rose. Ron has represented some of the most prominent real estate developers in New York, as well ...

What Provisions do Joint Venture Partners Negotiate the Most?

Transcripts  Transcripts    

Recorded on: Jun. 10, 2013

MARTIN D. POLEVOY: OK. Our next speakers are Steve Horowitz and Steve Klein. And they will discuss with us and relate to us about joint venture provisions that should receive special or extra attention when you have your discussions with your joint venture partner. Steve Horowtiz which is a partner at Cleary Gottlieb and is the chair of its real estate group. Steve has a very interesting practice. He concentrates not only on representing US folks, ...

Ethics in Real Estate Transactions: Dealing with Conflicts of Interest

Transcripts  Transcripts    

Recorded on: Jun. 10, 2013

JONATHAN L. MECHANIC: Welcome back, everybody. We have the piece de resistance for today, which is the ethics panel. Where we have two fabulous professors, retired professors and people very knowledgeable in the world of ethics, who've decided to dip their toes into the world of real estate and talk about the kinds of things that we face as real estate lawyers. So we have with us Bonnie Host, who's a conflicts attorney at SNR Denton and counsels ...

Recent Trends in Real Estate Lending: 2013 Edition

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Recorded on: Jun. 10, 2013

JONATHAN L. MECHANIC: The next part of the program, we're going to be talking to you about lending and things we're seeing in the lending market, today. We have, with us, two friends and outstanding members of the bar, Lou Hait, who is a partner at Kaye Scholer, who I've had the opportunity to spend a lot of quality time with this past year. And Lou has been very active in some of the major loan transactions in New York, little properties like a ...

Immigration and Family Law Intersections When Representing Immigrant Survivors of Domestic Violence

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Recorded on: May. 15, 2013

LINDA TAM: Thank you so much. That was very informative. I learned a lot. So our next panel is dealing with-- it's very hard to deal with immigration, domestic violence and housing, and not touch a little bit on family law, because it's kind of within the realm of all of those issues that we've been talking about. So our next panelists, Khanh Nguyen and Hongvilay Thongsamouth will be talking about common family law issues that arise when immigrants ...

Domestic Violence and Housing

Transcripts  Transcripts    

Recorded on: May. 15, 2013

SHARON DJEMAL: Hi everyone. Welcome back from lunch. I'm really looking forward to this next panel on domestic violence and housing. This session is going to focus on how California laws, the Fair Housing Act, and the Violence Against Women Act protect survivors of domestic violence from denial of housing, help them defend and avoid evictions, and aid survivors in maintaining safe and stable housing. These panelists have prepared a very thorough ...

Client Counseling & Advocacy: The Role of Race, Class and Culture

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Recorded on: May. 15, 2013

SHARON DJEMAL: Which leads us to our first hour entitled Client Counseling and Advocacy: The Role of Race, Class and Culture, which will explore how we can increase our own cultural competency and literacy. And as a result, become better advocates for our clients. This session will be led by Tirien Steinbach, who is the executive director of the East Bay Community Law Center and a lecturer at Berkeley Law School. Please join me in welcoming Tirien ...

Housing and Immigration

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Recorded on: May. 15, 2013

SPEAKER 1: I'd like to introduce the next panel, who will focus on the overlap between housing and immigration, including housing protections, how immigration status affects eligibility for subsidized housing, and cultural competency issues that arise when working with immigrant clients on housing issues. There are three panelists. Omar Calimbas is a senior staff attorney with the Asian Law Caucus, which is the nation's oldest legal and civil rights ...

Orientation to Domestic Violence

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Recorded on: May. 15, 2013

LINDA TAM: All right, everyone. If we can kind of gather back. All right, everyone. So the first two sessions today, what [INAUDIBLE] just did, and then our next session, which is an orientation to domestic violence are really setting the stage for us in working at the intersection of these three issues of housing, domestic violence, and immigration. So we're kind of doing the big picture, and then we're sort of going to narrow down later on towards ...

Getting Legal Status Based on Domestic Violence

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Recorded on: May. 15, 2013

SPEAKER 1: All right. So the last session of the day we're focusing on immigration protections for survivors of domestic violence. And we're going to touch on a number of topics-- asylum, VAWA. You've heard people talking about that throughout the afternoon. U visas and T visas. And we have three panelists who are going to introduce themselves as they speak. Thank you. LISA FRYDMAN: I'm going last because I'm going to then go into the intro slides, ...

Evictions in Rent-Controlled Jurisdictions & Mobilehome Parks

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Recorded on: Mar. 14, 2013

S. LYNN MARTINEZ: So we are now being joined by Phong Wong, who is the pro bono director of Legal Aid Foundation of Los Angeles. Prior to becoming the pro bono director, she worked in housing for many years, mostly around slum housing litigation, eviction defense, and subsidized housing, and housing redevelopment. Phong has also worked on access to court issues, including fee waiver issues with Western Center on Law and Poverty and at LAFLA. And ...

Eviction Process: Overview of the Basics and Affirmative Defenses in Unlawful Detainer Actions

Transcripts  Transcripts    

Recorded on: Mar. 14, 2013

LYNN MARTINEZ: So at this point, we're going to start with our first session. To my far right is Laura Lane. Laura Lane has directed the housing practice at East Bay Community Law Center in Berkeley for many years. She joined in 1997 as a supervising attorney. She also teaches housing law and policy at the University of California Berkeley School of Law as well as the Golden Gate University School of Law. She recently authored a chapter on residential ...

Evictions & Terminations in Subsidized Housing

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Recorded on: Mar. 14, 2013

SPEAKER 1: OK, everybody, we're going to start. Take your seats. Philip Morgan-- SPEAKER 2: You should call out Dean Preston too. SPEAKER 1: We're moving on now to subsidized housing and evictions and program terminations for subsidized housing tenants. You all know Kent. We're also joined this session by Navneet Grewal, who also works at Western Center on Law and Poverty, in Los Angeles, with me. She's the staff attorney there, focusing solely ...

Eviction Defense After Foreclosure

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Recorded on: Mar. 14, 2013

S. LYNN MARTINEZ: OK. Can you hear me out there? Yes? OK. So we are now going to move into our sessions about more specific types of tenancies. This one will be about foreclosure, tenants living in foreclosed homes. I'm joined here by Dean Preston from Tenants Together. He's the founder and executive director of the organization, which is California's only statewide organization for renter's rights. Previous to founding Tenants Together, Dean was ...

Fee Waivers, Requests for Jury Trials, and Appellate Division Writs

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Recorded on: Mar. 14, 2013

S. LYNN MARTINEZ: OK, you all. It's four o'clock. We're going to get started for our last session. One more hour to go. Hang in there. OK, so our last session is Fee Waivers, Requests for Jury Trials, and Appellate Division Writs. And we now are formally being introduced to Christian Abasto, who is the Director of Litigation at the Public Law Center in Santa Ana. Previous to joining PLC, he was with the Legal Aid Foundation of Los Angeles for many ...

Ethics in Commercial Real Estate Financing

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Recorded on: Feb. 19, 2013

JOSHUA STEIN: OK, we're going to conclude the program today with about an hour on legal ethics. We're pleased to have Pery Krinsky speaking on legal ethics. His practice is devoted exclusively to attorney ethics matters as well as art law ethics, litigation, representing law school students before the committees on character and fitness. And he's chair of the Ethics Committee of the Entertainment, Arts, and Sports Law section of the state bar association. ...

Drilling Down on the Documents - The Ten Easiest Ways to Mess UP

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Recorded on: Feb. 19, 2013

JOSHUA STEIN: Ok we're in the final lap for the day. And thank you for coming back for that final lap. We are turning now to the closing process for loans. The due diligence and loan documentation process. And I've asked Jim Carolan to focus on how loan documents work, where some of the problems are, and how you can mess up a commercial loan transaction. He added the concept of rescuing the commercial loan transaction. But that's OK. Jim heads the ...

Interest Rate Protection in Commercial Real Estate Loans

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Recorded on: Feb. 19, 2013

JOSHUA STEIN: OK, thanks for returning after the break, everyone. Our next speaker is Guy Dempsey who is going to speak about derivatives, specifically interest rate caps and swaps as used in commercial real estate transactions. These features do appear in deal after deal after deal. And we all kind of look at them from a real estate perspective. Guy is an expert on derivatives from the perspective of how they're structured, how you set them up, ...

Working Out the Troubled Loan

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Recorded on: Feb. 19, 2013

KEN: Good. Thanks. JOSH: Our next speaker is going to be Steve Wilner who's at Cleary Gottlieb Steen & Hamilton here in New York. Steve has a wide-ranging real estate and corporate practice with an emphasis on real estate financing, hospitality, development work, foreclosures, restructurings, and bankruptcies. And we're going to be focusing on foreclosures, restructurings, bankruptcies, and workouts in this particular segment of the program. ...

How Lenders Look at Leases; Nondistrubance Agreements

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Recorded on: Feb. 19, 2013

JOSHUA STEIN: It needs to be cleaned up. On that note, we are going to turn to nondisturbance issues, and issues of how mortgagees look at space leases. And our speaker is Andrea Ascher, who was actually-- weren't you on the very first panel in '97 that I chaired for PLI? And I'm very happy to welcome Andrea back. She is a partner in the New York office of what used to be Schoeman, Updike, and Kaufman, but is now Schoeman, Updike, Kaufman, Stern, ...

Junior/Senior Participations (A/B Loans); Mezzanine Loans; Intercreditor Issues

Transcripts  Transcripts    

Recorded on: Feb. 19, 2013

JOSHUA STEIN: Good morning, everybody. We are reconvening for day two. We're going to focus for the first hour on-- actually it's an hour and 15 minute slot focusing on multiple lender issues. We're going to start off with Mezzanine loans and inter-creditor issues, and then move to A/B loans, Junior/Senior participations. For this segment we are fortunate to have two leading real estate lawyers from New York City and nationally. Our first speaker ...

Getting to Know Your New Best Friends Fannie and Freddie

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Recorded on: Feb. 19, 2013

JOSHUA STEIN: Good afternoon, everyone. I think our audience is petering out. But our next speaker is going to be Ken Lore, who is a nationally recognized expert on government-assisted commercial real estate financing. This is the first time I've included a segment on this topic in this program. Ken is co-chair of the real estate practice group at Bingham and has a wide-ranging real estate practice, which includes a substantial element of affordable ...

Leasehold Mortgages; Ground Lease Issues

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Recorded on: Feb. 19, 2013

JOSHUA STEIN: OK, thank you everybody, for coming back for the afternoon session. I shouldn't touch the microphone. Sorry about that. That's to wake everybody up. I'm going to be speaking about ground leases because ground leases are a very common ownership structure, particularly in New York, California, Florida, Texas, Maryland, and a few other places, perhaps everywhere. They come up again and again, and a certain set of issues keep coming up again ...

Featured Faculty/Authors
Lisa J. Sotto

Lisa J. Sotto ~ Hunton & Williams LLP

David W. Pollak

David W. Pollak ~ Morgan, Lewis & Bockius LLP

Katie M. Lachter

Katie M. Lachter ~ Hinshaw & Culbertson LLP