WHY YOU SHOULD ATTEND

The secured lending and commercial real estate industries have seen a marked increase in litigation during the past twelve months as economic conditions have deteriorated and brought increased pressure on developers, borrowers and guarantors who have invested in projects to develop commercial and residential real property.  If your company faces the risk of preemptive suits by borrowers seeking to avoid or delay the consequences of their loan defaults, or if you are considering the prospect of commencing litigation to enforce remedies under commercial loan documents, you should attend this program to obtain an overview of recent case law developments, strategies and defenses asserted by borrowers in this area.

WHAT YOU WILL LEARN

• Avoiding and Responding to Preemptive Suits and Counterclaims by Borrowers
• Recent Cases Involving the Force Majeure/Global Economic Crisis Defense
• Election of Remedies Issues
• Unique Issues in Condominium Foreclosure Matters

Plus... Topics discussed:

• The Automatic Stay
• Chapter 7 and 11 Basics
• Single Asset Real Estate Bankruptcies

INTENDED AUDIENCE

This program is suited for Litigation, Real Estate and Bankruptcy attorneys, commercial lenders, developers and investors in large scale projects to develop commercial and residential properties.

• Avoiding and Responding to Preemptive Suits and Counterclaims by Borrowers
• Recent Cases Involving the Force Majeure/Global Economic Crisis Defense
• Election of Remedies Issues  

• Lien Issues
• Consequences of Foreclosure or Default in New York

• The Automatic Stay
• Chapter 7 and 11 Basics
• Single Asset Real Estate Bankruptcies 

FACULTY:

Matthew D. Parrott, Partner, Katten Muchin Rosenman LLP

Matthew D. Parrott is a partner in the Litigation and Dispute Resolution Practice of Katten Muchin’s New York office. Since joining the firm in 1999, Mr. Parrott has developed a broad practice representing financial institutions and other clients in a variety of disputes, including highly complex loan and real estate litigations and commercial mortgage foreclosure matters involving over one billion dollars in secured obligations, federal and state securities litigation,  SEC regulatory enforcement matters, merger and acquisition related litigations, and a wide range of general commercial litigation disputes. m.parrott@kattenlaw.com

Andrew L. Jagoda, Partner, Katten Muchin Rosenman LLP

Andrew L. Jagoda has practiced in both the private sector and the public sector for 24 years. Mr. Jagoda focuses his practice on real estate financing, development, construction, acquisitions and leasing, as well as portfolio acquisitions and joint venture agreements.

Mr. Jagoda has represented insurance companies, banks, foreign and municipal governments, foreign and US investment funds, not-for-profit organizations, landlords, tenants, individual investors, hotel owners, building owners and outdoor advertisers in a wide variety of real estate transactions. These transactions have included the acquisition and sale of, construction and permanent financing for, leasing of, and negotiation of management agreements for hotels, office buildings, multifamily properties, industrial and warehouse facilities and municipal government facilities, on both an individual property basis and on a portfolio basis.

Mr. Jagoda has served as counsel at the Resolution Trust Corporation (RTC), a federal agency charged with the disposition of real estate assets from failed financial institutions. While at the RTC, he advised on the disposition, in both portfolios and at auctions, of approximately US$4 billion of assets, including non-performing mortgage loans, land loans, foreclosed real estate, residential loans, corporate credit loans and environmentally impaired assets. He also developed documentation and procedures used nationally by the RTC for portfolio disposition and financing and the sale and financing of single assets.

Prior to joining the Firm, Mr. Jagoda represented an agency of the government of the People's Republic of China in a series of structured bulk sales of over US$1 billion dollars of non-performing loans and foreclosed properties in one of the first such transactions conducted in China.

Mr. Jagoda has also represented private foundations in the recovery of art stolen during the Holocaust. andrew.jagoda@kattenlaw.com

Jeff J. Friedman, Partner, Katten Muchin Rosenman LLP

Jeff J. Friedman is a member of the firm's Bankruptcy and Creditors' Rights and Structured Finance practices.
Mr. Friedman has over 28 years of experience in all aspects of bankruptcy law, including chapter 11 reorganizations, liquidations, out-of-court debt restructurings and the negotiation and implementation of plans of reorganization, recapitalizations, debtor-in-possession financing agreements, asset acquisition agreements, and structured finance agreements.

He has represented institutional lenders, hedge funds, trade creditors and individuals in chapter 11 cases throughout the country, including those of Refco, Inc., Lehman Brothers, Bayou Group, Dow Corning, Breed Technologies, LTV Steel, Bethlehem Steel, TWA, Enron, Global Crossing, and WorldCom. He has represented Unsecured Creditors Committees, including those for Clark Material Handling, and Unitel Video. He also has extensive experience in the representation of debtors, including such companies as Continental Airlines, Texaco, Chyron Corporation, Prins Recycling Corporation and General Textiles, in their chapter 11 cases. Mr. Friedman’s practice has included the representation of chapter 11 debtors, creditors’ committees, institutions and individuals in industries including financial services, aviation, telecommunications, retail, electronics, music recording, equipment manufacturing, and energy. jeff.friedman@kattenlaw.com