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Commercial Real Estate Institute (15th Annual)


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Why you should attend

Commercial real estate fundamentals (rents, vacancy rates and development activity), although slow, are visibly recovering with REITs outperforming other asset classes. Practitioners with a broad skill set will find it easier to achieve and maintain a viable real estate practice in this environment, given the general economy’s downward pressures on tenant retention, rental growth, development revenue, refinancing and asset values. This program helps practicing attorneys enhance traditional transactional skills, and develop workout and enforcement skills, so that they can help their clients regain their footing more quickly.

What you will learn

  • New!  Government involvement in real estate development
  • Negotiating purchases and sales, and closing complex commercial transactions in today’s changed environment
  • Commercial leasing strategies – landlord and tenant perspectives and goals
  • Dealing with more cautious lenders and finding the right lending balance
  • Discussion of real estate litigation – a toolkit for transactional lawyers

Plus

  • New! Land use and environmental issues affecting real estate deals
  • Understanding insurance issues in real estate – risk management and title insurance
  • The latest in ethics considerations for real estate practitioners
  • and much more practical advice from experienced attorneys in the nation’s leading law firms!

Special Feature

Earn one hour of Ethics credit

Who should attend

Associates, junior partners, in-house counsel and other professionals handling commercial real estate matters.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Day One:  9:00 a.m. - 5:00 p.m.

Morning Session:  9:00 a.m. - 12:30 p.m.

9:00 Purchases, Sales and Closing

  • Letters of Intent
  • Special Purchaser issueso Understanding the Property
    • Entity Structuring Issues
    • Due Diligence vs. Going Hard
    • Purchaser contingencies
  • Seller Perspective
    • Tenant estoppel issues
    • Limits on Surviving Obligations
  • Entitlements and Environmental Issues: how they affect the deal
  • Closing the Deal: staying organized

CHI: Milos Markovic, Michael D. Rechtin Jr.
SF: Jodi B. Fedor, Danna M. Kozerski
NYC: Steven L. Wilner

10:30 Networking Break

10:45 Commercial Leasing

  • Landlord Perspective and Goals
  • Tenant Perspective and Goals
  • Types of Lease Forms, What's Negotiable?
  • The Rent Components of a Lease
    • Operating Expenses
    • Tenant audits
    • Split incentives in green leases
  • Who stands behind the Landlord? What secures the Tenant's obligations?
  • Tenant growth and exit strategies
    • Assignment/subletting
    • Expansion/contraction/renewal/termination rights

CHI: Michele G. Magner, Stephanie B. Shellenback
SF: Mark S. Hennigh, Richard C. Mallory
NYC: Jill Hayman, Ronald D. Sernau

12:30 Lunch

Afternoon Session:  1:30 p.m. - 5:00 p.m.

1:30 Mortgage Financing

  • Mortgage Financing Transaction Overview – From Loan Application to Closing
  • Underwriting Trends – LTV, Debt Yield, Cash Flows
  • Borrower Hot Buttons
    • Permitted transfers
    • Liquidity for borrowers -- defeasance, partial releases
    • Control of lender discretion
    • Recourse carveout guarantees
    • Cash Management
  • Special Purpose Entities/Non-Consolidation Opinions
  • Securitized Loans/CMBS restrictions
  • Specialized types of financing:
    • Leasehold
    • Mezzanine
  • Mock negotiation

CHI: Cynthia Jared, John W. Morse
SF: Paul N. Dubrasich, Judy Miles, Sara Hansen Wilson
NYC: Donald Frey, Steven G. Horowitz, Elliot L. Hurwitz

3:15 Networking Break

3:30 Restructurings and Workouts

  • How the client's goals determine appropriate strategy
  • Pre-Workout Agreements, Forbearance Agreements
  • Common deal terms in mortgage loan workouts
  • Deeds in lieu: fraudulent transfer issues
  • Cash flow mortgages; expedited sales of collateral
  • Changes in property manager
  • Lockboxes: how they work
  • Current property valuation/appraisals: their importance
  • Mezzanine Loan issues/enforcement

CHI: David A. Goldberg, Carmen H. Lonstein
SF: Dennis B. Arnold
NYC: Jacqueline Marcus

5:00 Adjourn

Day Two: 9:00 a.m.

Morning Session: 9:00 a.m. - 1:00 p.m.

9:00 Insurance Issues

A. Property/Liability Insurance and Risk Management

  • Standard types of Property Insurance Coverage
  • Special coverage issues and concerns
  • Certificates of Insurance: do the ACCORD forms provide any rights to the holder?
  • Additional insured vs. named insured
  • Claims Processing - what should the insured parties reasonably expect?

CHI: Philipp J. Bischoff
SF: Jay L. Paxton
NYC: Philipp J. Bischoff

B. Title Insurance

  • Traditional Role of Title Insurance
  • Overview of 2006 policy forms
  • Changing Landscape
    • Creditor's Rights Coverage: why isn't it available
    • Mechanics’ Lien Coverage: a (not so) brave new world
  • Survey Coverage and the new 2011 ALTA Survey Standards
  • Endorsements for Loan Modifications/Restructurings

CHI: Robert C. Strybel
SF: Rod Pasion
NYC: Frank Carroll, Elliot L. Hurwitz

10:15  Networking Break

10:30 Land Use and Environmental Law in Real Estate Transactions

A. Environmental Issues in Real Estate Deals

  • Environmental due diligence and disclosure
  • Urban environmental issues (vapor intrusion, demolition, ambient hazards)
  • Key liability issues under federal and state law
  • Other environmental issues (wetlands, stormwater, species, climate change)
  • Opportunities, pitfalls and strategies for brownfields
  • Baby NEPAs and land use/environmental nexus
  • Environmental covenants, representations, warranties and indemnities
  • Environmental insurance

CHI: Jacqueline M. Vidmar
SF: Jennifer L. Hernandez
NYC: Philip E. Karmel

B. Land Use Issues in Real Estate Transactions

  • Rights of the regulated in the public approval/entitlement process
  • The due diligence process
  • To what extent can land use risks be shifted through contract provisions and/or the structure of the deal?
  • Strategies for success regardless of jurisdiction

CHI: Mitchell A. Carrel (invited)
SF: Fernando Villa
NYC: Paul D. Selver

12:00 Government Involvement in Real Estate Development

  • Laying the groundwork for a successful public/private partnership
  • State and local financing sources; public land acquisition and disposition
  • Perspectives of the parties – public entities, private parties and lenders
  • Structuring the transaction
  • Short and long-term transaction compliance issues

CHI: Andrew P. Scott
SF: Eric S. Petersen
NYC: Meredith J. Kane

1:00 Lunch

Afternoon Session: 2:15 p.m. - 5:00 p.m.

2:15 Real Estate Litigation: A Toolkit for Transactional Lawyers

  • Pre-litigation strategy
  • Litigating landlord/tenant, mortgage loan, and other real estate disputes
    • Finding the right forum; forum selection clauses
    • Similarities/differences from other litigation; special REIT considerations
  • Pre-litigation issues for Attorneys – Mortgages
    • Examination of title
    • Existence of defaults
    • Default/acceleration notices
    • Post acceleration practical tips
  • Pre-litigation issues for Attorneys – Landlord/Tenant – ADR versus litigation
    • Acceptance of rent/waiver of default
  • Predicting Outcomes/Providing Guidance to clients
  • The Discovery Process
    • Production
    • Privilege 
    • Protective Orders 
    • Spoliation 
  • Role of the Transactional Attorney in Resolving Real Estate Disputes
  • Tips to Preserve and Improve the Attorney/Client Relationship During Litigation

CHI: Timothy R. Conway (invited)
SF: Denis F. Shanagher, Robert Charles Ward
NYC:  Mitchell D. Haddad, Menachem J. Kastner 

3:30 Networking Break

3:45 Ethical Issues Facing Real Estate Attorneys

  • Who is the Client?
  • Conflicts and Screening
  • Engagement Letters and Advance Retainers
  • Technology and Confidentiality

CHI: Tracy L. Kepler
SF: Judi Cohen
NYC: Devika Kewalramani

4:45 Wrap Up:  Concluding Comments

5:00 Adjourn

Chairperson(s)
Eric J. Fuglsang ~ Quarles & Brady LLP
Program Attorney(s)
Meghan K. Carney ~ Program Attorney, Practising Law Institute
Chicago Seminar Location

University of Chicago Gleacher Center, 450 N. Cityfront Plaza Drive, Chicago, Il 60611. (312) 464-8787.

PLI's live programs are approved in all states that require mandatory continuing legal education for attorneys, except Arizona. Please be sure to check with your state for details.


Please check the CLE Calculator above each product description for CLE information specific to your state.


Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys.  All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.

Please note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.

Why you should attend

Commercial real estate fundamentals (rents, vacancy rates and development activity), although slow, are visibly recovering with REITs outperforming other asset classes. Practitioners with a broad skill set will find it easier to achieve and maintain a viable real estate practice in this environment, given the general economy’s downward pressures on tenant retention, rental growth, development revenue, refinancing and asset values. This program helps practicing attorneys enhance traditional transactional skills, and develop workout and enforcement skills, so that they can help their clients regain their footing more quickly.

What you will learn

  • New!  Government involvement in real estate development
  • Negotiating purchases and sales, and closing complex commercial transactions in today’s changed environment
  • Commercial leasing strategies – landlord and tenant perspectives and goals
  • Dealing with more cautious lenders and finding the right lending balance
  • Discussion of real estate litigation – a toolkit for transactional lawyers

Plus

  • New! Land use and environmental issues affecting real estate deals
  • Understanding insurance issues in real estate – risk management and title insurance
  • The latest in ethics considerations for real estate practitioners
  • and much more practical advice from experienced attorneys in the nation’s leading law firms!

Special Feature

Earn one hour of Ethics credit

Who should attend

Associates, junior partners, in-house counsel and other professionals handling commercial real estate matters.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Day One: 9:00 a.m. - 5:00 p.m.

Morning Session: 9:00 a.m. - 12:30 p.m.

9:00 Purchases, Sales and Closing

  • Letters of Intent
  • Special Purchaser issueso Understanding the Property
    • Entity Structuring Issues
    • Due Diligence vs. Going Hard
    • Purchaser contingencies
  • Seller Perspective
    • Tenant estoppel issues
    • Limits on Surviving Obligations
  • Entitlements and Environmental Issues: how they affect the deal
  • Closing the Deal: staying organized

Jodi B. Fedor, Danna M. Kozerski

10:30 Networking Break

10:45 Commercial Leasing

  • Landlord Perspective and Goals
  • Tenant Perspective and Goals
  • Types of Lease Forms, What's Negotiable?
  • The Rent Components of a Lease
    • Operating Expenses
    • Tenant audits
    • Split incentives in green leases
  • Who stands behind the Landlord? What secures the Tenant's obligations?
  • Tenant growth and exit strategies
    • Assignment/subletting
    • Expansion/contraction/renewal/termination rights

Mark S. Hennigh, Richard C. Mallory

12:30 Lunch

Afternoon Session: 1:30 p.m. - 5:00 p.m.

1:30 Mortgage Financing

  • Mortgage Financing Transaction Overview – From Loan Application to Closing
  • Underwriting Trends – LTV, Debt Yield, Cash Flows
  • Borrower Hot Buttons
    • Permitted transfers
    • Liquidity for borrowers -- defeasance, partial releases
    • Control of lender discretion
    • Recourse carveout guarantees
    • Cash Management
  • Special Purpose Entities/Non-Consolidation Opinions
  • Securitized Loans/CMBS restrictions
  • Specialized types of financing:
    • Leasehold
    • Mezzanine
  • Mock negotiation

Paul N. Dubrasich, Judy Miles, Sara Hansen Wilson

3:15 Networking Break

3:30 Restructurings and Workouts

  • How the client's goals determine appropriate strategy
  • Pre-Workout Agreements, Forbearance Agreements
  • Common deal terms in mortgage loan workouts
  • Deeds in lieu: fraudulent transfer issues
  • Cash flow mortgages; expedited sales of collateral
  • Changes in property manager
  • Lockboxes: how they work
  • Current property valuation/appraisals: their importance
  • Mezzanine Loan issues/enforcement

Dennis B. Arnold

5:00 Adjourn

Day Two: 9:00 a.m.

Morning Session: 9:00 a.m. - 1:00 p.m.

9:00 Insurance Issues

A. Property/Liability Insurance and Risk Management

  • Standard types of Property Insurance Coverage
  • Special coverage issues and concerns
  • Certificates of Insurance: do the ACCORD forms provide any rights to the holder?
  • Additional insured vs. named insured
  • Claims Processing - what should the insured parties reasonably expect?

Jay L. Paxton

B. Title Insurance

  • Traditional Role of Title Insurance
  • Overview of 2006 policy forms
  • Changing Landscape
    • Creditor's Rights Coverage: why isn't it available
    • Mechanics’ Lien Coverage: a (not so) brave new world
  • Survey Coverage and the new 2011 ALTA Survey Standards
  • Endorsements for Loan Modifications/Restructurings

Rod Pasion

10:15 Networking Break

10:30 Land Use and Environmental Law in Real Estate Transactions

A. Environmental Issues in Real Estate Deals

  • Environmental due diligence and disclosure
  • Urban environmental issues (vapor intrusion, demolition, ambient hazards)
  • Key liability issues under federal and state law
  • Other environmental issues (wetlands, stormwater, species, climate change)
  • Opportunities, pitfalls and strategies for brownfields
  • Baby NEPAs and land use/environmental nexus
  • Environmental covenants, representations, warranties and indemnities
  • Environmental insurance

Jennifer L. Hernandez

B. Land Use Issues in Real Estate Transactions

  • Rights of the regulated in the public approval/entitlement process
  • The due diligence process
  • To what extent can land use risks be shifted through contract provisions and/or the structure of the deal?
  • Strategies for success regardless of jurisdiction

Fernando Villa

12:00 Government Involvement in Real Estate Development

  • Laying the groundwork for a successful public/private partnership
  • State and local financing sources; public land acquisition and disposition
  • Perspectives of the parties – public entities, private parties and lenders
  • Structuring the transaction
  • Short and long-term transaction compliance issues

Eric S. Petersen

1:00 Lunch

Afternoon Session: 2:15 p.m. - 5:00 p.m.

2:15 Real Estate Litigation: A Toolkit for Transactional Lawyers

  • Pre-litigation strategy
  • Litigating landlord/tenant, mortgage loan, and other real estate disputes
    • Finding the right forum; forum selection clauses
    • Similarities/differences from other litigation; special REIT considerations
  • Pre-litigation issues for Attorneys – Mortgages
    • Examination of title
    • Existence of defaults
    • Default/acceleration notices
    • Post acceleration practical tips
  • Pre-litigation issues for Attorneys – Landlord/Tenant – ADR versus litigation
    • Acceptance of rent/waiver of default
  • Predicting Outcomes/Providing Guidance to clients
  • The Discovery Process
    • Production
    • Privilege
    • Protective Orders
    • Spoliation
  • Role of the Transactional Attorney in Resolving Real Estate Disputes
  • Tips to Preserve and Improve the Attorney/Client Relationship During Litigation

Denis F. Shanagher, Robert Charles Ward

3:30 Networking Break

3:45 Ethical Issues Facing Real Estate Attorneys

  • Who is the Client?
  • Conflicts and Screening
  • Engagement Letters and Advance Retainers
  • Technology and Confidentiality

Judi Cohen

4:45 Wrap Up: Concluding Comments

5:00 Adjourn

Chairperson(s)
Richard C. Mallory ~ Allen Matkins Leck Gamble Mallory & Natsis LLP
Program Attorney(s)
Meghan K. Carney ~ Program Attorney, Practising Law Institute

San Francisco Seminar Location

PLI California Center, 685 Market Street, San Francisco, California 94105. (415) 498-2800

San Francisco Hotel Accommodations

The Palace Hotel, 2 New Montgomery Street, San Francisco, California 94105. Call (800) 917-7456 seven days a week from 6:00 am to 12:00 am (PDT) and mention you are attending this program at Practising Law Institute to receive the preferred rate. For online reservations, go to www.sfpalace.com/pli to receive the preferred rate.

Due to high demand we recommend reserving hotel rooms as early as possible.

PLI's live programs are approved in all states that require mandatory continuing legal education for attorneys, except Arizona. Please be sure to check with your state for details.


Please check the CLE Calculator above each product description for CLE information specific to your state.


Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys.  All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.

Please note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.

This is a webcast of the live San Francisco session.

Why you should attend

Commercial real estate fundamentals (rents, vacancy rates and development activity), although slow, are visibly recovering with REITs outperforming other asset classes. Practitioners with a broad skill set will find it easier to achieve and maintain a viable real estate practice in this environment, given the general economy’s downward pressures on tenant retention, rental growth, development revenue, refinancing and asset values. This program helps practicing attorneys enhance traditional transactional skills, and develop workout and enforcement skills, so that they can help their clients regain their footing more quickly.

What you will learn

  • New!  Government involvement in real estate development
  • Negotiating purchases and sales, and closing complex commercial transactions in today’s changed environment
  • Commercial leasing strategies – landlord and tenant perspectives and goals
  • Dealing with more cautious lenders and finding the right lending balance
  • Discussion of real estate litigation – a toolkit for transactional lawyers

Plus

  • New! Land use and environmental issues affecting real estate deals
  • Understanding insurance issues in real estate – risk management and title insurance
  • The latest in ethics considerations for real estate practitioners
  • and much more practical advice from experienced attorneys in the nation’s leading law firms!

Special Feature

Earn one hour of Ethics credit

Who should attend

Associates, junior partners, in-house counsel and other professionals handling commercial real estate matters.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

All times are P.S.T.

Day One: 9:00 a.m. - 5:00 p.m.  (P.S.T.)

Morning Session: 9:00 a.m. - 12:30 p.m.  (P.S.T.)

9:00 Purchases, Sales and Closing

  • Letters of Intent
  • Special Purchaser issueso Understanding the Property
    • Entity Structuring Issues
    • Due Diligence vs. Going Hard
    • Purchaser contingencies
  • Seller Perspective
    • Tenant estoppel issues
    • Limits on Surviving Obligations
  • Entitlements and Environmental Issues: how they affect the deal
  • Closing the Deal: staying organized

Jodi B. Fedor, Danna M. Kozerski

10:30 Networking Break

10:45 Commercial Leasing

  • Landlord Perspective and Goals
  • Tenant Perspective and Goals
  • Types of Lease Forms, What's Negotiable?
  • The Rent Components of a Lease
    • Operating Expenses
    • Tenant audits
    • Split incentives in green leases
  • Who stands behind the Landlord? What secures the Tenant's obligations?
  • Tenant growth and exit strategies
    • Assignment/subletting
    • Expansion/contraction/renewal/termination rights

Mark S. Hennigh, Richard C. Mallory

12:30 Lunch

Afternoon Session: 1:30 p.m. - 5:00 p.m.  (P.S.T.)

1:30 Mortgage Financing

  • Mortgage Financing Transaction Overview – From Loan Application to Closing
  • Underwriting Trends – LTV, Debt Yield, Cash Flows
  • Borrower Hot Buttons
    • Permitted transfers
    • Liquidity for borrowers -- defeasance, partial releases
    • Control of lender discretion
    • Recourse carveout guarantees
    • Cash Management
  • Special Purpose Entities/Non-Consolidation Opinions
  • Securitized Loans/CMBS restrictions
  • Specialized types of financing:
    • Leasehold
    • Mezzanine
  • Mock negotiation

Paul N. Dubrasich, Judy Miles, Sara Hansen Wilson

3:15 Networking Break

3:30 Restructurings and Workouts

  • How the client's goals determine appropriate strategy
  • Pre-Workout Agreements, Forbearance Agreements
  • Common deal terms in mortgage loan workouts
  • Deeds in lieu: fraudulent transfer issues
  • Cash flow mortgages; expedited sales of collateral
  • Changes in property manager
  • Lockboxes: how they work
  • Current property valuation/appraisals: their importance
  • Mezzanine Loan issues/enforcement

Dennis B. Arnold

5:00 Adjourn

Day Two: 9:00 a.m.  (P.S.T.)

Morning Session: 9:00 a.m. - 1:00 p.m.  (P.S.T.)

9:00 Insurance Issues

A. Property/Liability Insurance and Risk Management

  • Standard types of Property Insurance Coverage
  • Special coverage issues and concerns
  • Certificates of Insurance: do the ACCORD forms provide any rights to the holder?
  • Additional insured vs. named insured
  • Claims Processing - what should the insured parties reasonably expect?

Jay L. Paxton

B. Title Insurance

  • Traditional Role of Title Insurance
  • Overview of 2006 policy forms
  • Changing Landscape
    • Creditor's Rights Coverage: why isn't it available
    • Mechanics’ Lien Coverage: a (not so) brave new world
  • Survey Coverage and the new 2011 ALTA Survey Standards
  • Endorsements for Loan Modifications/Restructurings

Rod Pasion

10:15 Networking Break

10:30 Land Use and Environmental Law in Real Estate Transactions

A. Environmental Issues in Real Estate Deals

  • Environmental due diligence and disclosure
  • Urban environmental issues (vapor intrusion, demolition, ambient hazards)
  • Key liability issues under federal and state law
  • Other environmental issues (wetlands, stormwater, species, climate change)
  • Opportunities, pitfalls and strategies for brownfields
  • Baby NEPAs and land use/environmental nexus
  • Environmental covenants, representations, warranties and indemnities
  • Environmental insurance

Jennifer L. Hernandez

B. Land Use Issues in Real Estate Transactions

  • Rights of the regulated in the public approval/entitlement process
  • The due diligence process
  • To what extent can land use risks be shifted through contract provisions and/or the structure of the deal?
  • Strategies for success regardless of jurisdiction

Fernando Villa

12:00 Government Involvement in Real Estate Development

  • Laying the groundwork for a successful public/private partnership
  • State and local financing sources; public land acquisition and disposition
  • Perspectives of the parties – public entities, private parties and lenders
  • Structuring the transaction
  • Short and long-term transaction compliance issues

Eric S. Petersen

1:00 Lunch

Afternoon Session: 2:15 p.m. - 5:00 p.m.  (P.S.T.)

2:15 Real Estate Litigation: A Toolkit for Transactional Lawyers

  • Pre-litigation strategy
  • Litigating landlord/tenant, mortgage loan, and other real estate disputes
    • Finding the right forum; forum selection clauses
    • Similarities/differences from other litigation; special REIT considerations
  • Pre-litigation issues for Attorneys – Mortgages
    • Examination of title
    • Existence of defaults
    • Default/acceleration notices
    • Post acceleration practical tips
  • Pre-litigation issues for Attorneys – Landlord/Tenant – ADR versus litigation
    • Acceptance of rent/waiver of default
  • Predicting Outcomes/Providing Guidance to clients
  • The Discovery Process
    • Production
    • Privilege
    • Protective Orders
    • Spoliation
  • Role of the Transactional Attorney in Resolving Real Estate Disputes
  • Tips to Preserve and Improve the Attorney/Client Relationship During Litigation

Denis F. Shanagher, Robert Charles Ward

3:30 Networking Break

3:45 Ethical Issues Facing Real Estate Attorneys

  • Who is the Client?
  • Conflicts and Screening
  • Engagement Letters and Advance Retainers
  • Technology and Confidentiality

Judi Cohen

4:45 Wrap Up: Concluding Comments

5:00 Adjourn

Chairperson(s)
Richard C. Mallory ~ Allen Matkins Leck Gamble Mallory & Natsis LLP
Program Attorney(s)
Meghan K. Carney ~ Program Attorney, Practising Law Institute
PLI makes every effort to accredit its Live Webcasts. Please check the CLE Calculator above for CLE information specific to your state.

PLI's Live Webcasts are approved for MCLE credit (unless otherwise noted in the product description) in the following states/territories:  Alabama, Alaska, Arkansas, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho*, Illinois, Indiana1, Iowa*, Kansas*, Kentucky*, Louisiana, Maine*, Minnesota, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, New Hampshire*, New Jersey, New Mexico, Nevada, New York2, Ohio3, Oklahoma, Oregon*, Pennsylvania4, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia5, Virgin Islands, Washington, West Virginia, Wisconsin, and Wyoming*.

*PLI will apply for credit upon request.

Arizona: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement.

Arkansas and Oklahoma: Audio-only live webcasts are not approved for credit.
 

1Indiana: Considered a distance education course. There is a 6 credit limit per year.

2New York: Newly admitted attorneys may not take non-transitional course formats such as on-demand audio or video programs or live webcasts for CLE credit. Newly admitted attorneys not practicing law in the United States, however, may earn 12 transitional credits in non-traditional formats.

3Ohio: To confirm that the live webcast has been approved, please refer to the list of Ohio’s Approved Self Study Activities at http://www.sconet.state.oh.us. Online programs are considered self-study. Ohio attorneys have a 6 credit self-study limit per biennial compliance period. The Ohio CLE Board states that attorneys must have a 100% success rate in clicking on timestamps to receive ANY CLE credit for an online program.

4 Pennsylvania: A live webcast may be viewed individually or in a group setting. Credit may be granted to an attorney who views a live webcast individually. There is a 4.0 credit limit per year for this type of viewing. A live webcast viewed in a group setting receives live participatory credit if the program is open to the public and advertised at least 30 days prior to the program. Live webcasts viewed in a group setting that do not advertise at least 30 days prior the program will be considered "in-house", and therefore denied credit.

5Virginia: All distance learning courses are to be done in an educational setting, free from distractions.


Running time and CLE credit hours are not necessarily the same. Please be aware that many states do not permit credit for luncheon and keynote speakers.

Note that some states limit the number of credit hours attorneys may claim for online CLE activities, and state rules vary with regard to whether online CLE activities qualify for participatory or self-study credits. For more information, refer to your state CLE website or call Customer Service at (800) 260-4PLI (4754) or email: info@pli.edu.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

Why you should attend

Commercial real estate fundamentals (rents, vacancy rates and development activity), although slow, are visibly recovering with REITs outperforming other asset classes. Practitioners with a broad skill set will find it easier to achieve and maintain a viable real estate practice in this environment, given the general economy’s downward pressures on tenant retention, rental growth, development revenue, refinancing and asset values. This program helps practicing attorneys enhance traditional transactional skills, and develop workout and enforcement skills, so that they can help their clients regain their footing more quickly.

What you will learn

  • New!  Government involvement in real estate development
  • Negotiating purchases and sales, and closing complex commercial transactions in today’s changed environment
  • Commercial leasing strategies – landlord and tenant perspectives and goals
  • Dealing with more cautious lenders and finding the right lending balance
  • Discussion of real estate litigation – a toolkit for transactional lawyers

Plus

  • New! Land use and environmental issues affecting real estate deals
  • Understanding insurance issues in real estate – risk management and title insurance
  • The latest in ethics considerations for real estate practitioners
  • and much more practical advice from experienced attorneys in the nation’s leading law firms!

Special Feature

Earn one hour of Ethics credit

Who should attend

Associates, junior partners, in-house counsel and other professionals handling commercial real estate matters.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Day One: 9:00 a.m. - 5:00 p.m.

Morning Session: 9:00 a.m. - 12:30 p.m.

9:00 Purchases, Sales and Closing

  • Letters of Intent
  • Special Purchaser issueso Understanding the Property
    • Entity Structuring Issues
    • Due Diligence vs. Going Hard
    • Purchaser contingencies
  • Seller Perspective
    • Tenant estoppel issues
    • Limits on Surviving Obligations
  • Entitlements and Environmental Issues: how they affect the deal
  • Closing the Deal: staying organized

Steven L. Wilner

10:30 Networking Break

10:45 Commercial Leasing

  • Landlord Perspective and Goals
  • Tenant Perspective and Goals
  • Types of Lease Forms, What's Negotiable?
  • The Rent Components of a Lease
    • Operating Expenses
    • Tenant audits
    • Split incentives in green leases
  • Who stands behind the Landlord? What secures the Tenant's obligations?
  • Tenant growth and exit strategies
    • Assignment/subletting
    • Expansion/contraction/renewal/termination rights

Jill Hayman, Ronald D. Sernau

12:30 Lunch

Afternoon Session: 1:30 p.m. - 5:00 p.m.

1:30 Mortgage Financing

  • Mortgage Financing Transaction Overview – From Loan Application to Closing
  • Underwriting Trends – LTV, Debt Yield, Cash Flows
  • Borrower Hot Buttons
    • Permitted transfers
    • Liquidity for borrowers -- defeasance, partial releases
    • Control of lender discretion
    • Recourse carveout guarantees
    • Cash Management
  • Special Purpose Entities/Non-Consolidation Opinions
  • Securitized Loans/CMBS restrictions
  • Specialized types of financing:
    • Leasehold
    • Mezzanine
  • Mock negotiation

Donald Frey, Steven G. Horowitz, Elliot L. Hurwitz

3:15 Networking Break

3:30 Restructurings and Workouts

  • How the client's goals determine appropriate strategy
  • Pre-Workout Agreements, Forbearance Agreements
  • Common deal terms in mortgage loan workouts
  • Deeds in lieu: fraudulent transfer issues
  • Cash flow mortgages; expedited sales of collateral
  • Changes in property manager
  • Lockboxes: how they work
  • Current property valuation/appraisals: their importance
  • Mezzanine Loan issues/enforcement

Jacqueline Marcus

5:00 Adjourn

Day Two: 9:00 a.m.

Morning Session: 9:00 a.m. - 1:00 p.m.

9:00 Insurance Issues

A. Property/Liability Insurance and Risk Management

  • Standard types of Property Insurance Coverage
  • Special coverage issues and concerns
  • Certificates of Insurance: do the ACCORD forms provide any rights to the holder?
  • Additional insured vs. named insured
  • Claims Processing - what should the insured parties reasonably expect?

Philipp J. Bischoff

B. Title Insurance

  • Traditional Role of Title Insurance
  • Overview of 2006 policy forms
  • Changing Landscape
    • Creditor's Rights Coverage: why isn't it available
    • Mechanics’ Lien Coverage: a (not so) brave new world
  • Survey Coverage and the new 2011 ALTA Survey Standards
  • Endorsements for Loan Modifications/Restructurings

Frank Carroll, Elliot L. Hurwitz

10:15 Networking Break

10:30 Land Use and Environmental Law in Real Estate Transactions

A. Environmental Issues in Real Estate Deals

  • Environmental due diligence and disclosure
  • Urban environmental issues (vapor intrusion, demolition, ambient hazards)
  • Key liability issues under federal and state law
  • Other environmental issues (wetlands, stormwater, species, climate change)
  • Opportunities, pitfalls and strategies for brownfields
  • Baby NEPAs and land use/environmental nexus
  • Environmental covenants, representations, warranties and indemnities
  • Environmental insurance

Philip E. Karmel

B. Land Use Issues in Real Estate Transactions

  • Rights of the regulated in the public approval/entitlement process
  • The due diligence process
  • To what extent can land use risks be shifted through contract provisions and/or the structure of the deal?
  • Strategies for success regardless of jurisdiction

Paul D. Selver

12:00 Government Involvement in Real Estate Development

  • Laying the groundwork for a successful public/private partnership
  • State and local financing sources; public land acquisition and disposition
  • Perspectives of the parties – public entities, private parties and lenders
  • Structuring the transaction
  • Short and long-term transaction compliance issues

Meredith J. Kane

1:00 Lunch

Afternoon Session: 2:15 p.m. - 5:00 p.m.

2:15 Real Estate Litigation: A Toolkit for Transactional Lawyers

  • Pre-litigation strategy
  • Litigating landlord/tenant, mortgage loan, and other real estate disputes
    • Finding the right forum; forum selection clauses
    • Similarities/differences from other litigation; special REIT considerations
  • Pre-litigation issues for Attorneys – Mortgages
    • Examination of title
    • Existence of defaults
    • Default/acceleration notices
    • Post acceleration practical tips
  • Pre-litigation issues for Attorneys – Landlord/Tenant – ADR versus litigation
    • Acceptance of rent/waiver of default
  • Predicting Outcomes/Providing Guidance to clients
  • The Discovery Process
    • Production
    • Privilege
    • Protective Orders
    • Spoliation
  • Role of the Transactional Attorney in Resolving Real Estate Disputes
  • Tips to Preserve and Improve the Attorney/Client Relationship During Litigation

Mitchell D. Haddad, Menachem J. Kastner

3:30 Networking Break

3:45 Ethical Issues Facing Real Estate Attorneys

  • Who is the Client?
  • Conflicts and Screening
  • Engagement Letters and Advance Retainers
  • Technology and Confidentiality

Devika Kewalramani

4:45 Wrap Up: Concluding Comments

5:00 Adjourn

Chairperson(s)
Elliot L. Hurwitz ~ Chief Commercial Counsel, Chicago Title Insurance Company
Program Attorney(s)
Meghan K. Carney ~ Program Attorney, Practising Law Institute
New York City Seminar Location

AMA New York Executive Conference Center, 1601 Broadway, New York, NY 10019. 212-903-8060.

New York City Hotel Accommodations

The New York Hilton & Towers, 1335 Avenue of the Americas, New York, NY 10019. 1 block from PLI Center. Reservations 1-800-HILTONS or, 1-877-NYC-HILT. Please mention that you are booking a room under the Practising Law Institute Corporate rate and the Client File # is 0495741. You can also make reservations online to access Practising Law Institute rates.

The Warwick New York Hotel, 65 West 54th Street New York, NY 10019. 1 block from PLI Center. Reservations 800-223-4099 or, hotel direct 212-247-2700. Please mention that you are booking a room under the Practising Law Institute Corporate rate. Reservations on line at www.warwickhotelny.com Click reservations in menu bar on left. Select desired dates. In 'Special Rates' drop down window select Corporate Rate. In 'Rate Code' enter PLIN. Click search and select desired room type and rate plan. Or, you may email reservation requests to: res.ny@warwickhotels.com

Sheraton New York Times Square Hotel, 811 7th Avenue, New York, NY 10019, 1-800-325-3535 or (212) 581-1000. When calling, please mention Practising Law Institute and mention SET#311155. You may also book online.

PLI's live programs are approved in all states that require mandatory continuing legal education for attorneys, except Arizona. Please be sure to check with your state for details.


Please check the CLE Calculator above each product description for CLE information specific to your state.


Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys.  All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.

Please note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.

Related Items

On-Demand  On-Demand Programs

Commercial Real Estate Institute 2012 (14th Annual) Nov. 23, 2012

Handbook  Course Handbook Archive

Commercial Real Estate Institute (15th Annual)  
Commercial Real Estate Institute (14th Annual) Theodore I. Yi, Quarles & Brady LLP
Richard C. Mallory, Allen Matkins Leck Gamble Mallory & Natsis LLP
Elliot L. Hurwitz, Chicago Title Insurance Company
 
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