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Typical Case Study: Domestic Search and Application Process

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Recorded on: Apr. 28, 2015

RICHARD L KIRKPATRICK: I will take us first to my icon. I got a cover story years ago in Trademark World, and the artist did a very good job of doing an image of trademark practice skipping across the pond happily and finding yourself on the back of an alligator. This is where we hope not to be in our practice. And I hope that today's program might help you avoid that situation. Now this is a workshop, and so we've developed a hypothetical case ...

Tips from the Trenches to Make You an Effective Negotiator

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Recorded on: Apr. 27, 2015

SPEAKER 1: It is now my pleasure to turn this briefing over to Mark Grossman. MARK GROSSMAN: Good afternoon, everyone. Mark here. And we were talking about something that I thoroughly enjoy, negotiating. And negotiating comes to you in so many different contexts. I mean, we negotiate with coworkers. We negotiate with spouses, partners, kids. We have major business deals. The airline is insisting on charging you with a $200 change fee. That's a negotiation ...

Life Sciences Acquisitions and Divestitures: Special Considerations

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Recorded on: Apr. 23, 2015

AMY TAUB: Hello, my name is Amy Taub, and I'm a program attorney with PLI. I would like to welcome you to today's briefing, Life Sciences Acquisitions and Divestitures, Special Considerations. Before we begin, I have some administrative announcements. This briefing will be one hour in length. Please feel free to send questions at any time during the briefing. Please remember that you have access to materials for this briefing via the Course Materials ...

Commencement of a Civil Action: Filing the Complaint, Preparing the Motion to Dismiss, Coordinating Multiple Actions

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Recorded on: Apr. 23, 2015

LYLE ROBERTS: Thanks, everyone. We'll start our second panel now. So our first panel did a very good job of saying, look, the DOJ and the SEC, those are the guys with the big sticks. Much more worried about them. But in fact, the rest of our day will largely be taken up with the tale, which will now become the dog, because we're going to talk about the civil litigation that's going to flow out of all of these events for our global oil hypothetical. And ...

Ethical Issues in Complex Securities Litigation

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Recorded on: Apr. 23, 2015

LYLE ROBERTS: You've had a fun day and we'll try to cap it off with, I think, what will actually be quite a fun panel on the issue of ethics. Because in securities litigation, especially securities class actions, there are some ethical issues that crop up, both kind of on the investigation side-- which we'll talk about first-- but then also in the handling of witnesses, especially in the complaints, which we'll talk about second. So with me today ...

Trial of the Civil Action or Arbitration

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Recorded on: Apr. 23, 2015

JONATHAN K. YOUNGWOOD: --of the case. I will do very brief introductions and then we will get started discussing some of the considerations that go into planning for and conducting a trial or an arbitration of a securities matter. Going down the table to my left, next to me is Jordan Eth. He is the chair of the White-Collar Group and the Securities Litigation Enforcement Group at Morrison Foerster. Next to him is John Stigi. John is here from the ...

Prosecuting and Defending the Civil Action: Class Certification, Fact Discovery, Experts and Summary Judgement Motions

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Recorded on: Apr. 23, 2015

JONATHAN YOUNGWOOD: So we are back with our third panel. First panel was on the investigation and how a lot of these messes get started. Second was extraordinarily lively panel on some of the initial legal issues that you face once a securities class action is filed. This panel is going to deal with kind of the heart-- or at least what I think is the heart-- of securities litigation, a process that depending on the judge you're in front of will certainly ...

The Investigation: Coordinating Requests from Government Regulators

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Recorded on: Apr. 23, 2015

JONATHAN K. YOUNGWOOD: I'd like to introduce the hypothetical to you. I will walk through it relatively quickly, but I believe it's available to you on your iPads throughout the day. So we have a company with the very attractive name of Global Oil. Global Oil is a large publicly traded company with operations around the world. Its headquarters are in Houston. Global's stock has for some time traded around $100 per share, at least since 2013. All of ...

Seeking Resolution: Strategies in Mediation and Settlement

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Recorded on: Apr. 23, 2015

LYLE ROBERTS: Thanks, everyone. Welcome back from lunch. And we're going to dive into our next panel, which, you'll recall from our Motion to Dismiss panel this morning, the plaintiffs and the defendants were getting feisty. Now is our chance to actually sit down and try to see if we can resolve this case. And we'll assume here for this purpose that we've lost the motion, the defendants have lost the Motion to Dismiss on our securities class action. ...

Borrower Structure

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Recorded on: Apr. 22, 2015

JOSHUA: Good morning, everybody. Welcome to day two of our Commercial Real Estate Financing Seminar. We're going to turn to the borrower side of transactions for awhile. And Carey Smith is going to speak about setting up borrower entities, and the issues THAT come up IN doing that. Carey is a partner at Arnold & Porter in Washington, where he is in the Real Estate, and Tax, Trusts, and Estates practice groups. He does a lot of borrower structuring, ...

State of the Commercial Real Estate Finance Market

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Recorded on: Apr. 22, 2015

ROBERT J. HELLMAN: OK, Joshua, thank you. So first, administratively, I know that we're supposed to go for the full hour. We're starting early. Are you going to cut me off-- what time are you going to cut me off? JOSHUA STEIN: You're allowed to go till 10:15. ROBERT J. HELLMAN: I'm allowed to. JOSHUA STEIN: You get eight extra minutes. ROBERT J. HELLMAN: OK. That may not happen. JOSHUA STEIN: Maybe we'll finish early. We have a longer break. ROBERT ...

Guaranties

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Recorded on: Apr. 22, 2015

SPEAKER 1: Our next speaker is going to continue to discuss guarantees, which are, of course, run through most of these presentations. Nicole Levin Mesard is with the Debevoise Plimpton, where she's a member of the firm's real estate group. She handles acquisitions, sales, joint ventures, financings, and is going to be speaking to us today about guarantees. Hello, how are you? Nice to see you. We got this question, from a web viewer, so if you can ...

Bankruptcy Basics

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Recorded on: Apr. 22, 2015

JOSHUA STEIN: Our next speaker is Sandy Mayerson. Sandy is a member of New York Bar, principal of the Law Offices of Sandra Mayerson. She specializes in insolvency and commercial transactions and litigation. She handles debtor, creditor, and bankruptcy matters. She was the examiner in Interco's Chapter 11, about which she wrote a landmark report on fraudulent conveyance law. She has filed close to 200 real estate related to Chapter 11s. And I'm wondering ...

Practical Compliance Considerations in Structuring a Conflicts Management Program

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Recorded on: Apr. 22, 2015

CLIFFORD KIRSCH: We are back for our final panel where we're going to look at structuring a conflicts program and considerations, really taking into account the first two panels that we heard where we laid out the sources of a lawyer and then the exam priorities. Now we want to focus on dealing with inside a financial services firm. And I have a great panel to do that. To my right is Dana Platt. Dana is Head of Global Managed Investment Compliance, ...

Financial Statements in Legal Practice

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Recorded on: Apr. 22, 2015

CHAD RUCKER: Thank you, everyone. Once again, I'm Chad Rucker. I'm a managing director at Evaluation Research Corporation. I focus on providing fairness and solvency opinions with a real strong emphasis on providing fairness and solvency opinions to private equity firms and their portfolio companies. Let me introduce you to the people on panel two. A really, really good panel of people here on panel two. First, we have Ann Makich. Ann's a partner ...

Loan Documents and the Closing Process (Lender’s Counsel)

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Recorded on: Apr. 22, 2015

JOSHUA STEIN: Our next speaker is Michelle Kelban. Michelle is a partner at Latham & Watkins. We worked together there from 2000 to 2010. Michelle specializes in commercial real estate law with a particular concentration on real estate finance. She represents Middle Eastern investors, private equity funds, corporate credits, and others in real estate debt and equity investments. I've asked her to talk about how you get a first mortgage closed. MICHELLE ...

Opinions of Counsel

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Recorded on: Apr. 22, 2015

JOSHUA STEIN: OK, thank you everybody for coming back from lunch. We're into the afternoon session now. Before we start, I just want to mention one thing. Eric Menkes mentioned an article I published on lease reviews. That article appeared in The Practical Real Estate Lawyer November 2014 issue. So it's just within the last six months. That article should be on my website, www.joshuastein-- one word-- .com. If it isn't there, it will be there shortly. ...

Tenants and Leases

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Recorded on: Apr. 22, 2015

JOSHUA STEIN: OK. Thanks everybody for coming back from the break. Our next speaker is going to be Eric Menkes who's a partner at Duvall and Stachenfeld. Eric is going to speak about tenants and leases, digging down into lease review, estoppel certificates, SNDAs, and problems with leases. Eric does a lot of leasing on both sides. He's doing all the leasing for Pier 57 on the Hudson River, he does some leasing for Industry City in Sunset Park, some ...

Borrower Negotiations

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Recorded on: Apr. 22, 2015

JOSHUA STEIN: Good morning, again, everybody. Thanks for coming back from the break. Our next speaker is Mindy Stern, who's going to speak on borrower negotiations. Mindy is a partner with the New York City law firm Shoeman Updike Kaufman and Stern LLP, where she practices almost exclusively real estate law. Mindy is a member of the American College of Real Estate Lawyers and Second Vice Chair of the Real Property Law Section of the New York State ...

Sources of Fiduciary Law in the Financial Industry

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Recorded on: Apr. 22, 2015

ANDREW DONOHUE: So it's a pleasure to be here. I think I'd start off-- I don't think I was off, I will start off-- actually talking about the Investment Advisers Act, an act that was put in place in 1940. If you look at the Investment Advisers Act-- of course, this is the act that applies to investment advisers-- and many of its provisions apply to investment advisers, whether or not they are required to register as such with the SEC. So it's really ...

Title and Survey

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Recorded on: Apr. 22, 2015

JOSHUA STEIN: OK, thank you everybody. We are on our last lap for today. Our speaker's going to be Marvin Bagwell. He's vice president and Chief New York State Counsel for Old Republic National Title Insurance Company. Marvin has been in the title insurance business for many years. He was president of Bagwell and Associates Title Agency, before that, counsel for United General Title Insurance Company, as well as a couple of other title insurance ...

Malpractice Prevention in Commercial Real Estate Financing (Legal Ethics)

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Recorded on: Apr. 22, 2015

JOSHUA STEIN: Our next speaker is our hour of ethics with a focus on malpractice in commercial real estate financing transactions. Barry Margolis is a senior partner with Abrams Garfinkel Margolis Bergson. We're delighted to have him. His practice focuses on real estate litigation. But also he does substantial malpractice defense work. And I've asked him to combine those two and tell us how real estate lawyers commit malpractice, how to prevent it, ...

A Detailed Examination of Financial Statements and Financial Ratios

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Recorded on: Apr. 22, 2015

CHAD RUCKER: What I want to do initially is I want to introduce each of the panel members that will be on the panel with me today. To my right is Carol Stacy. Carol is a director with the SEC Institute and is responsible for conducting seminars on various reporting and financial accounting topics. She created the SEC Institute's programs IFRS conference Today's Landscape, Tomorrow's Challenges and accounting for business combinations. Carol was the ...

The Rating Agencies

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Recorded on: Apr. 22, 2015

JOSHUA STEIN: OK thanks everybody and welcome back from lunch. We've got a few more programs for the day and then we're done for the year. We have two speakers on rating agencies and rating agency criteria. We have the keepers of the gospel here actually. We have Dan Rubock, who is Senior Vice President and senior counsel with the commercial real estate finance group at Moody's where he is responsible for policy, for structural and legal issues in ...

UCC Security Interests

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Recorded on: Apr. 22, 2015

JOSH: Our next speaker is said David Wanetik to check who's going to speak about UCC security interests in commercial mortgage financing. David IS chief operating officer for the UCC division of First American. He's been a practicing attorney for over 25 years. Before he was at First American, he was vice president of the UCC insurance division for Land America. David's been involved with Article 9 and its various revisions for 17 years. David. DAVID ...

Featured Faculty/Authors
Clifford E. Kirsch

Clifford E. Kirsch ~ Sutherland Asbill & Brennan LLP

Tanya E. M. Wong

Tanya E. M. Wong ~ Director of Government Benefits, Legal Services NYC - Legal Support Unit

Kenneth N. Nigon

Kenneth N. Nigon ~ RatnerPrestia