Seminar  Program

Negotiating Real Estate Deals 2018


Select a Location:

Why You Should Attend

The 2017 real estate market is well behind us. The previous year closed with some leveling indicators, signaling a slowdown from the dazzling growth the market witnessed in the last few years. 2018 is presenting a more tempered pace and environment, as real estate forecasters seem to indicate. U.S. real estate appears to remain a safe bet in the eyes of domestic and international investors, but new challenges and risks are abound in this ever-changing market.

Every year, PLI’s Negotiating Real Estate Deals attempts to address the latest issues that real estate lawyers currently face – or soon will. The program features some of the country’s most respected members of the real estate bar, and attendees will learn practical insights to help them navigate common transactions, and take an educated look toward what’s on the horizon in this dynamic industry and legal practice.

 

What You Will Learn

  • Real estate transactions in today’s market
  • Current real estate lending trends
  • Practical tips for closing complex transactions 
  • What to negotiate in loan agreements
  • Loan defaults, foreclosures and their impact on work-outs and restructurings
  • Negotiating joint venture agreements
  • Getting the most out of negotiating ground lease transactions
  • Legal ethics issues arising out of real estate transactions

 

Who Should Attend

Legal, real estate, finance, insurance and construction professionals operating in this industry should find this program relevant and helpful. 

Program Level: Update

Intended Audience: Legal, real estate, finance, insurance and construction professionals operating in this industry should find this program relevant and helpful.

Prerequisites: A background in commercial real estate transactional work.

Advanced Preparation: None


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.

9:00 Introduction

Speakers: Jonathan L. Mechanic, Martin D. Polevoy



9:15 State of the Real Estate Market
  • What is the state of the real estate market?
  • What has changed and is changing in our business? 
  • What do we see for the rest of 2018?

Speakers: Douglas L. Harmon, Jonathan L. Mechanic, Martin D. Polevoy



10:15 Recent Trends in Real Estate Lending: 2018 Edition
  • State of the Lending Market for Both CMBS and Portfolio Lenders
  • Recent Developments in CMBS Lending - underwriting requirements, rating agency requirements, CMBS securitizations
  • Updates In Insurance Requirements
  • When can a Senior Lender Leak Excess Cash Flow From an Excess Cash Flow Subaccount?
  • Recent Developments in Mortgage/Mezzanine Intercreditor Agreements
  • Pitfalls In Financial Definitions In Loan Documents (Intersection of the legal and business sides) when analyzing Debt Yield and Debt Service Coverage Ratio Definitions (and the components thereof)
  • Issues to Consider On Loan Assumptions

Speakers: Ellen M. Goodwin, Laurinda Marstin



11:15 Networking Break

11:30 Closing Complex Real Estate Transactions – Successfully Closing Purchase and Sale Transactions
  • Manage the due diligence process
  • Shape Seller's representations and warranties
  • Outline covenants of Purchaser and Seller to govern the contract period
  • Establish conditions to the parties' obligations to close
  • Manage the closing process
  • Define default and provide for remedies

Speakers: Alexis Kremen, Ronald D. Sernau, Robert Sorin



12:30 Lunch

1:30 Distressed Loans and Lender Remedies
  • Defaults and acceleration
  • Latest trends in loan enforcement
  • Recourse and election of remedies
  • Defenses and lender liability
  • Hot tips in loan workouts
  • Primer on forbearance agreements
  • Deed in lieu of foreclosure strategies

Speaker: Richard S. Fries



2:30 Key Issues for Negotiating Joint Venture Agreements in Real Estate
  • Governance and Control – scope of major decisions, changes of control
  • Capital Contributions – additional capital calls, consequences of failure to fund
  • Distributions – preferred returns, carried and promoted interests
  • Dispute Resolutions – resolving a deadlock, buy-sell, forced sale
  • Exit Strategies and Other Transfer Restrictions – including transfers to competitors, transfers of management rights
  • Important tax Issues

Speakers: David C. Drewes, Scott M. Kobak, Audrey L. Sokoloff



3:30 Networking Break

3:45 Negotiating Ground Lease Transactions
  1. Fixing the Rent
    • Resets
    • Methodology
    • Capital transactions
    • 467 Treatment
  2. Financing, financing, financing
    • Mortgagee protective provisions
    • Subordination
    • Impact of CMBS
    • Foreclosure
  3. Uses
    • Upfront construction
    • Change in use
    • Prohibited uses
  4. Subleases and Value Creation
    • Recognition agreements
    • Hanky panky
    • Beyond the Term

Speakers: Amy Arentowicz, Chris M. Smith



4:45 Ethics in Real Estate Transactions: Managing Conflicts of Interest When Clients Lie
  • Three Salutary Tales – Hypotheticals
  • Lying client – client has relied on false documents
  • Lying client – civil proceeding – lawyer has relied on false documents to a tribunal
  • Financial institution client refuses to file a suspicious activity report
  • What do the Rules of Professional Conduct say?
  • Civil liability issues
  • Who might sue – and for what?
  • Effect of disclosure on liability exposures
  • If we disclose, when do we do it? what do we reveal?
  • An ounce of prevention. . .
  • Due diligence at client intake
  • The value (and importance) of AML laws and regulations
  • Using engagement letters
  • Managing conflicts of interest
  • What do the Rules of Professional Conduct say concerning:
    • Current clients
    • Former clients
    • Multiple and joint representations

Speaker: Anthony E. Davis



5:45 Adjourn

Co-Chair(s)
Jonathan L. Mechanic ~ Fried, Frank, Harris, Shriver & Jacobson LLP
Martin D. Polevoy ~ DLA Piper LLP
Speaker(s)
Amy Arentowicz ~ Senior Vice President, Related Companies
Anthony E. Davis ~ Hinshaw & Culbertson LLP
David C. Drewes ~ Willkie Farr & Gallagher LLP
Richard S. Fries ~ Sidley Austin LLP
Ellen M. Goodwin ~ Alston & Bird LLP
Douglas L. Harmon ~ Chairman of Capital Markets, Cushman & Wakefield
Scott M. Kobak ~ Simpson Thacher & Bartlett LLP
Alexis Kremen ~ Associate General Counsel, Related Companies
Laurinda Martins ~ Senior Vice President, Brookfield Corporate Operations LLC
Ronald D. Sernau ~ Proskauer Rose LLP
Chris M. Smith ~ Shearman & Sterling LLP
Audrey L. Sokoloff ~ Skadden, Arps, Slate, Meagher & Flom LLP
Robert Sorin ~ Fried, Frank, Harris, Shriver & Jacobson LLP
Program Attorney(s)
Meghan Carney Cavagnaro ~ Senior Program Attorney, Practising Law Institute

New York City Seminar Location

PLI New York Center
, 1177 Avenue of the Americas, (2nd floor), entrance on 45th Street, New York, New York 10036. (800) 260-4754.

New York City Hotel Accommodations

Crowne Plaza Times Square Manhattan, 1605 Broadway (48th Street), New York, NY 10019 (212) 977-4000. When calling, mention Practising Law Institute. You can also make reservations online to access PLI's rates.

The Muse, 130 West 46th Street, New York, NY 10036. Please call reservations at 1-800-546-7866. When calling, please mention Practising Law Institute and Corporate Rate ID 786839408. In addition, you can book online at PLI Muse Hotel

Millennium Broadway Hotel, 145 West 44th Street, New York, NY 10036. Please call reservations at 1-800-622-5569. When calling, please mention Practising Law Institute. In addition, you can book online at PLI Millennium Hotel .

 Hyatt Times Square, 135 W. 45th Street, New York, NY 10036. For reservations, please call (646) 364-1234. When calling mention rate code CR56218 or Practising Law Institute.

General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.


U.S. MCLE States

Alabama: PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Alaska:  All PLI products can fulfill Alaska’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Arizona:  PLI’s live seminars qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

Arkansas:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

California:  PLI’s live seminars qualify as “participatory” credit. There is no limit to the number of credits an attorney can earn via participatory programs.

Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Delaware:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Florida:  All PLI products can fulfill Florida’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Georgia:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Hawaii:  All PLI products can fulfill Hawaii’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Idaho:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Illinois: All PLI products can fulfill Illinois' CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Indiana:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Iowa:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Kansas:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live programs.

Kentucky:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Louisiana:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Maine:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Minnesota:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Mississippi:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Missouri:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Montana:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Nebraska:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Nevada:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

New Hampshire:  All PLI products can fulfill New Hampshire’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

New Jersey:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

New Mexico:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional live seminars can be used to fulfill the requirements for newly admitted attorneys. All credit categories may be earned via transitional live seminars.

North Carolina:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars

North Dakota:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Ohio:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Oklahoma:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania: PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Puerto Rico:  All PLI products can fulfill Puerto Rico’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Rhode Island:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

South Carolina:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Tennessee:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Vermont:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s live seminars qualify as “live interactive” credit. There is no limit to the number of credits an attorney can earn via live interactive programs.

Washington:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

West Virginia:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Wisconsin:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Wyoming:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s live seminars qualify as “real-time” credit. There is no limit to the number of credits an attorney can earn via real-time programs.

Ontario (CPD-ON):  PLI’s live seminars qualify as “interactive” credit. There is no limit to the number of credits an attorney can earn via interactive programs.

Quebec (CPD-QC): PLI’s live seminars can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s live seminars qualify as “live” credit. There is no limit to the number of points an attorney can earn via live seminars.

United Kingdom (CPD-UK):  PLI’s live seminars can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s live seminars qualify as “live” credit in all Australian jurisdictions. There is no limit to the number of credits an attorney can earn via live seminars.

Dubai (CLPD-DUBAI):  PLI’s live seminars may fulfill CLPD credit requirements.

Other Credit Types

CPE Credit (NASBA): PLI’s live seminars qualify as the “Group-Live” delivery method. Please check the Credit Information box on the right-hand side of this page to verify CPE credit availability.

IRS Continuing Education (IRS-CE): PLI’s live seminars may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s live seminars may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s live seminars may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s live seminars may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s live seminars qualify as "instructor-led" credit. There is no limit to the number of credits an SHRM professional can earn via instructor-led programs.

Compliance Certification Board (CCB):  PLI’s live seminars qualify as “live” training events. There is no limit to the number of credits a candidate or certification holder can earn via live programs.

Certified Anti-Money Laundering Specialists (CAMS):  PLI’s live seminars may fulfill CAMS credit requirements.

New York State Social Worker Continuing Education (SW CPE):  PLI’s live seminars may fulfill SW CPE credit requirements.

American Bankers Association Professional Certification (ABA):  PLI’s live seminars may fulfill ABA credit requirements.

Certified Financial Planners (CFP):  PLI’s live seminars may fulfill CFP credit requirements.

 

Why You Should Attend

The 2017 real estate market is well behind us. The previous year closed with some leveling indicators, signaling a slowdown from the dazzling growth the market witnessed in the last few years. 2018 is presenting a more tempered pace and environment, as real estate forecasters seem to indicate. U.S. real estate appears to remain a safe bet in the eyes of domestic and international investors, but new challenges and risks are abound in this ever-changing market.

Every year, PLI’s Negotiating Real Estate Deals attempts to address the latest issues that real estate lawyers currently face – or soon will. The program features some of the country’s most respected members of the real estate bar, and attendees will learn practical insights to help them navigate common transactions, and take an educated look toward what’s on the horizon in this dynamic industry and legal practice.

 

What You Will Learn

  • Real estate transactions in today’s market
  • Current real estate lending trends
  • Practical tips for closing complex transactions 
  • What to negotiate in loan agreements
  • Loan defaults, foreclosures and their impact on work-outs and restructurings
  • Negotiating joint venture agreements
  • Getting the most out of negotiating ground lease transactions
  • Legal ethics issues arising out of real estate transactions

 

Who Should Attend

Legal, real estate, finance, insurance and construction professionals operating in this industry should find this program relevant and helpful. 

Program Level: Update

Intended Audience: Legal, real estate, finance, insurance and construction professionals operating in this industry should find this program relevant and helpful.

Prerequisites: A background in commercial real estate transactional work.

Advanced Preparation: None


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.

9:00 Introduction

Speakers: Jonathan L. Mechanic, Martin D. Polevoy



9:15 State of the Real Estate Market
  • What is the state of the real estate market?
  • What has changed and is changing in our business? 
  • What do we see for the rest of 2018?

Speakers: Douglas L. Harmon, Jonathan L. Mechanic, Martin D. Polevoy



10:15 Recent Trends in Real Estate Lending: 2018 Edition
  • State of the Lending Market for Both CMBS and Portfolio Lenders
  • Recent Developments in CMBS Lending - underwriting requirements, rating agency requirements, CMBS securitizations
  • Updates In Insurance Requirements
  • When can a Senior Lender Leak Excess Cash Flow From an Excess Cash Flow Subaccount?
  • Recent Developments in Mortgage/Mezzanine Intercreditor Agreements
  • Pitfalls In Financial Definitions In Loan Documents (Intersection of the legal and business sides) when analyzing Debt Yield and Debt Service Coverage Ratio Definitions (and the components thereof)
  • Issues to Consider On Loan Assumptions

Speakers: Ellen M. Goodwin, Laurinda Marstin



11:15 Networking Break

11:30 Closing Complex Real Estate Transactions – Successfully Closing Purchase and Sale Transactions
  • Manage the due diligence process
  • Shape Seller's representations and warranties
  • Outline covenants of Purchaser and Seller to govern the contract period
  • Establish conditions to the parties' obligations to close
  • Manage the closing process
  • Define default and provide for remedies

Speakers: Alexis Kremen, Ronald D. Sernau, Robert Sorin



12:30 Lunch

1:30 Distressed Loans and Lender Remedies
  • Defaults and acceleration
  • Latest trends in loan enforcement
  • Recourse and election of remedies
  • Defenses and lender liability
  • Hot tips in loan workouts
  • Primer on forbearance agreements
  • Deed in lieu of foreclosure strategies

Speaker: Richard S. Fries



2:30 Key Issues for Negotiating Joint Venture Agreements in Real Estate
  • Governance and Control – scope of major decisions, changes of control
  • Capital Contributions – additional capital calls, consequences of failure to fund
  • Distributions – preferred returns, carried and promoted interests
  • Dispute Resolutions – resolving a deadlock, buy-sell, forced sale
  • Exit Strategies and Other Transfer Restrictions – including transfers to competitors, transfers of management rights
  • Important tax Issues

Speakers: David C. Drewes, Scott M. Kobak, Audrey L. Sokoloff



3:30 Networking Break

3:45 Negotiating Ground Lease Transactions
  1. Fixing the Rent
    • Resets
    • Methodology
    • Capital transactions
    • 467 Treatment
  2. Financing, financing, financing
    • Mortgagee protective provisions
    • Subordination
    • Impact of CMBS
    • Foreclosure
  3. Uses
    • Upfront construction
    • Change in use
    • Prohibited uses
  4. Subleases and Value Creation
    • Recognition agreements
    • Hanky panky
    • Beyond the Term

Speakers: Amy Arentowicz, Chris M. Smith



4:45 Ethics in Real Estate Transactions: Managing Conflicts of Interest When Clients Lie
  • Three Salutary Tales – Hypotheticals
  • Lying client – client has relied on false documents
  • Lying client – civil proceeding – lawyer has relied on false documents to a tribunal
  • Financial institution client refuses to file a suspicious activity report
  • What do the Rules of Professional Conduct say?
  • Civil liability issues
  • Who might sue – and for what?
  • Effect of disclosure on liability exposures
  • If we disclose, when do we do it? what do we reveal?
  • An ounce of prevention. . .
  • Due diligence at client intake
  • The value (and importance) of AML laws and regulations
  • Using engagement letters
  • Managing conflicts of interest
  • What do the Rules of Professional Conduct say concerning:
    • Current clients
    • Former clients
    • Multiple and joint representations

Speaker: Anthony E. Davis



5:45 Adjourn

Co-Chair(s)
Jonathan L. Mechanic ~ Fried, Frank, Harris, Shriver & Jacobson LLP
Martin D. Polevoy ~ DLA Piper LLP
Speaker(s)
Amy Arentowicz ~ Senior Vice President, Related Companies
Anthony E. Davis ~ Hinshaw & Culbertson LLP
David C. Drewes ~ Willkie Farr & Gallagher LLP
Richard S. Fries ~ Sidley Austin LLP
Ellen M. Goodwin ~ Alston & Bird LLP
Douglas L. Harmon ~ Chairman of Capital Markets, Cushman & Wakefield
Scott M. Kobak ~ Simpson Thacher & Bartlett LLP
Alexis Kremen ~ Associate General Counsel, Related Companies
Laurinda Martins ~ Senior Vice President, Brookfield Corporate Operations LLC
Ronald D. Sernau ~ Proskauer Rose LLP
Chris M. Smith ~ Shearman & Sterling LLP
Audrey L. Sokoloff ~ Skadden, Arps, Slate, Meagher & Flom LLP
Robert Sorin ~ Fried, Frank, Harris, Shriver & Jacobson LLP
Program Attorney(s)
Meghan Carney Cavagnaro ~ Senior Program Attorney, Practising Law Institute
General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.

PLI’s live and on-demand webcasts are single-user license products intended for an individual registrant only. Credit will be issued only to the individual registered. If two or more individuals wish to participate in a webcast and receive credit, PLI would be happy to provide a Groupcast – group viewing of a webcast. To schedule a Groupcast, please contact PLI at groupcasts@pli.edu.


U.S. MCLE States

Alabama:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Alaska:  All PLI products can fulfill Alaska’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Arizona:  PLI’s live webcasts qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

Arkansas:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

California:  PLI’s live webcasts qualify as “participatory” credit. There is no limit to the number of credits an attorney can earn via participatory programs.

Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Delaware:  PLI’s live webcasts qualify as “eCLE” credit. Attorneys are limited to 12 credits of eCLE per reporting period.

Florida:  All PLI products can fulfill Florida’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Georgia:  PLI’s live webcasts qualify as “in-house” credit. Attorneys are limited to 6 in-house credits per reporting period.

Hawaii:  All PLI products can fulfill Hawaii’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Idaho:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Illinois:  All PLI products can fulfill Illinois' CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Indiana:  PLI’s live webcasts qualify as “distance education” credit. Attorneys are limited to 9 credits of distance education per reporting period.

Iowa:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Kansas:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Kentucky:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Louisiana:  PLI’s live webcasts qualify as “self-study” credit. Attorneys are limited to 4 credits of self-study per reporting period.

Maine:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Minnesota:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Mississippi:  PLI’s live webcasts qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Missouri:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Montana:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Nebraska:  PLI’s live webcasts qualify as “computer-based learning” credit. Attorneys are limited to 5 credits of computer-based learning per reporting period.

Nevada:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

New Hampshire:  All PLI products can fulfill New Hampshire’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

New Jersey:  PLI’s live webcasts qualify as “alternative verifiable learning formats” credit. Attorneys are limited to 12 credits of alternative verifiable learning formats per reporting period.

New Mexico:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional live webcasts can be used to fulfill the requirements for New York newly admitted attorneys. Ethics credit, professional practice credit, and law practice management credit may be earned via transitional live webcasts. Skills credits may not be earned via live webcasts.

North Carolina:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

North Dakota:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Ohio:  PLI’s live webcasts qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Oklahoma:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania:  PLI’s live webcasts qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Puerto Rico:  All PLI products can fulfill Puerto Rico’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Rhode Island:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

South Carolina:  PLI’s live webcasts qualify as “alternatively delivered” credit. Attorneys are limited to 6 credits of alternatively delivered programs per reporting period.

Tennessee:  PLI’s live webcasts qualify as “distance learning” credit. Attorneys are limited to 8 credits of distance learning per reporting period.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s live webcasts qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Vermont:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s live webcasts qualify as “live interactive” credit. There is no limit to the number of credits an attorney can earn via live interactive programs.

Washington:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

West Virginia:  PLI’s live webcasts qualify as “online” credit. Attorneys are limited to 12 credits of online instruction per reporting period.

Wisconsin:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Wyoming:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s live webcasts qualify as “real-time” credit. There is no limit to the number of credits an attorney can earn via real-time programs.

Ontario (CPD-ON):  PLI’s live webcasts qualify as “interactive” credit. There is no limit to the number of credits an attorney can earn via interactive programs.

Quebec (CPD-QC):  PLI’s live webcasts can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s live webcasts qualify as “distance learning” credit. Attorneys are limited to 15 points of distance learning programs per reporting period.

United Kingdom (CPD-UK):  PLI’s live webcasts can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s live webcasts may fulfill Australia’s CPD requirements. Credit limits for live webcasts vary according to jurisdiction. Please refer to your jurisdiction’s CPD information page for specifics.

Dubai (CLPD-DUBAI):  PLI’s live webcasts may fulfill CLPD credit requirements.

Other Credit Types

CPE Credit (NASBA):  PLI’s live webcasts qualify as the “Group-Internet-Based” (GIB) delivery method. Please check the Credit Information box on the right-hand side of this page to verify CPE credit availability.

IRS Continuing Education (IRS-CE):  PLI’s live webcasts may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s live webcasts may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s live webcasts may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s live webcasts may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s live webcasts qualify as "instructor-led" credit. There is no limit to the number of credits an SHRM professional can earn via instructor-led programs.

Compliance Certification Board (CCB):  PLI’s live webcasts qualify as “live” training events. There is no limit to the number of credits a candidate or certification holder can earn via live programs.

Certified Anti-Money Laundering Specialists (CAMS):  PLI’s live webcasts may fulfill CAMS credit requirements.

New York State Social Worker Continuing Education (SW CPE):  PLI’s live webcasts may fulfill SW CPE credit requirements.

American Bankers Association Professional Certification (ABA):  PLI’s live webcasts may fulfill ABA credit requirements.

Certified Financial Planners (CFP):  PLI’s live webcasts may fulfill CFP credit requirements.

 

Why You Should Attend

The 2017 real estate market is well behind us. The previous year closed with some leveling indicators, signaling a slowdown from the dazzling growth the market witnessed in the last few years. 2018 is presenting a more tempered pace and environment, as real estate forecasters seem to indicate. U.S. real estate appears to remain a safe bet in the eyes of domestic and international investors, but new challenges and risks are abound in this ever-changing market.

Every year, PLI’s Negotiating Real Estate Deals attempts to address the latest issues that real estate lawyers currently face – or soon will. The program features some of the country’s most respected members of the real estate bar, and attendees will learn practical insights to help them navigate common transactions, and take an educated look toward what’s on the horizon in this dynamic industry and legal practice.

 

What You Will Learn

  • Real estate transactions in today’s market
  • Current real estate lending trends
  • Practical tips for closing complex transactions 
  • What to negotiate in loan agreements
  • Loan defaults, foreclosures and their impact on work-outs and restructurings
  • Negotiating joint venture agreements
  • Getting the most out of negotiating ground lease transactions
  • Legal ethics issues arising out of real estate transactions

 

Who Should Attend

Legal, real estate, finance, insurance and construction professionals operating in this industry should find this program relevant and helpful. 

Program Level: Update

Intended Audience: Legal, real estate, finance, insurance and construction professionals operating in this industry should find this program relevant and helpful.

Prerequisites: A background in commercial real estate transactional work.

Advanced Preparation: None


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.

9:00 Introduction

Speakers: Jonathan L. Mechanic, Martin D. Polevoy



9:15 State of the Real Estate Market
  • What is the state of the real estate market?
  • What has changed and is changing in our business? 
  • What do we see for the rest of 2018?

Speakers: Douglas L. Harmon, Jonathan L. Mechanic, Martin D. Polevoy



10:15 Recent Trends in Real Estate Lending: 2018 Edition
  • State of the Lending Market for Both CMBS and Portfolio Lenders
  • Recent Developments in CMBS Lending - underwriting requirements, rating agency requirements, CMBS securitizations
  • Updates In Insurance Requirements
  • When can a Senior Lender Leak Excess Cash Flow From an Excess Cash Flow Subaccount?
  • Recent Developments in Mortgage/Mezzanine Intercreditor Agreements
  • Pitfalls In Financial Definitions In Loan Documents (Intersection of the legal and business sides) when analyzing Debt Yield and Debt Service Coverage Ratio Definitions (and the components thereof)
  • Issues to Consider On Loan Assumptions

Speakers: Ellen M. Goodwin, Laurinda Marstin



11:15 Networking Break

11:30 Closing Complex Real Estate Transactions – Successfully Closing Purchase and Sale Transactions
  • Manage the due diligence process
  • Shape Seller's representations and warranties
  • Outline covenants of Purchaser and Seller to govern the contract period
  • Establish conditions to the parties' obligations to close
  • Manage the closing process
  • Define default and provide for remedies

Speakers: Alexis Kremen, Ronald D. Sernau, Robert Sorin



12:30 Lunch

1:30 Distressed Loans and Lender Remedies
  • Defaults and acceleration
  • Latest trends in loan enforcement
  • Recourse and election of remedies
  • Defenses and lender liability
  • Hot tips in loan workouts
  • Primer on forbearance agreements
  • Deed in lieu of foreclosure strategies

Speaker: Richard S. Fries



2:30 Key Issues for Negotiating Joint Venture Agreements in Real Estate
  • Governance and Control – scope of major decisions, changes of control
  • Capital Contributions – additional capital calls, consequences of failure to fund
  • Distributions – preferred returns, carried and promoted interests
  • Dispute Resolutions – resolving a deadlock, buy-sell, forced sale
  • Exit Strategies and Other Transfer Restrictions – including transfers to competitors, transfers of management rights
  • Important tax Issues

Speakers: David C. Drewes, Scott M. Kobak, Audrey L. Sokoloff



3:30 Networking Break

3:45 Negotiating Ground Lease Transactions
  1. Fixing the Rent
    • Resets
    • Methodology
    • Capital transactions
    • 467 Treatment
  2. Financing, financing, financing
    • Mortgagee protective provisions
    • Subordination
    • Impact of CMBS
    • Foreclosure
  3. Uses
    • Upfront construction
    • Change in use
    • Prohibited uses
  4. Subleases and Value Creation
    • Recognition agreements
    • Hanky panky
    • Beyond the Term

Speakers: Amy Arentowicz, Chris M. Smith



4:45 Ethics in Real Estate Transactions: Managing Conflicts of Interest When Clients Lie
  • Three Salutary Tales – Hypotheticals
  • Lying client – client has relied on false documents
  • Lying client – civil proceeding – lawyer has relied on false documents to a tribunal
  • Financial institution client refuses to file a suspicious activity report
  • What do the Rules of Professional Conduct say?
  • Civil liability issues
  • Who might sue – and for what?
  • Effect of disclosure on liability exposures
  • If we disclose, when do we do it? what do we reveal?
  • An ounce of prevention. . .
  • Due diligence at client intake
  • The value (and importance) of AML laws and regulations
  • Using engagement letters
  • Managing conflicts of interest
  • What do the Rules of Professional Conduct say concerning:
    • Current clients
    • Former clients
    • Multiple and joint representations

Speaker: Anthony E. Davis



5:45 Adjourn

Co-Chair(s)
Jonathan L. Mechanic ~ Fried, Frank, Harris, Shriver & Jacobson LLP
Martin D. Polevoy ~ DLA Piper LLP
Speaker(s)
Amy Arentowicz ~ Senior Vice President, Related Companies
Anthony E. Davis ~ Hinshaw & Culbertson LLP
David C. Drewes ~ Willkie Farr & Gallagher LLP
Richard S. Fries ~ Sidley Austin LLP
Ellen M. Goodwin ~ Alston & Bird LLP
Douglas L. Harmon ~ Chairman of Capital Markets, Cushman & Wakefield
Scott M. Kobak ~ Simpson Thacher & Bartlett LLP
Alexis Kremen ~ Associate General Counsel, Related Companies
Laurinda Martins ~ Senior Vice President, Brookfield Corporate Operations LLC
Ronald D. Sernau ~ Proskauer Rose LLP
Chris M. Smith ~ Shearman & Sterling LLP
Audrey L. Sokoloff ~ Skadden, Arps, Slate, Meagher & Flom LLP
Robert Sorin ~ Fried, Frank, Harris, Shriver & Jacobson LLP
Program Attorney(s)
Meghan Carney Cavagnaro ~ Senior Program Attorney, Practising Law Institute
Ice Miller LLP, One American Square, Suite 2900, Indianapolis, IN 46282

General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.


U.S. MCLE States

Alabama:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Alaska:  All PLI products can fulfill Alaska’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Arizona:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

Arkansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

California:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “participatory” credit. There is no limit to the number of credits an attorney can earn via participatory programs.

Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Delaware:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Florida:  All PLI products can fulfill Florida’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Georgia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Hawaii:  All PLI products can fulfill Hawaii’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Idaho:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Illinois:  All PLI products can fulfill Illinois' CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Indiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Iowa:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Kansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live programs.

Kentucky:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Louisiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Maine:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Minnesota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Mississippi:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Missouri:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Montana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nebraska:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nevada:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New Hampshire:  All PLI products can fulfill New Hampshire’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

New Jersey:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “alternative verifiable learning formats” credit. Attorneys are limited to 12 credits of alternative verifiable learning formats per reporting period.

New Mexico:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can be used to fulfill the requirements for New York newly admitted attorneys. Ethics credit, professional practice credit, and law practice management credit may be earned via transitional live groupcasts. Skills credits may not be earned via live groupcasts.

North Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

North Dakota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Ohio:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oklahoma:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Puerto Rico:  All PLI products can fulfill Puerto Rico’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Rhode Island:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

South Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Tennessee:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Vermont:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live interactive” credit. There is no limit to the number of credits an attorney can earn via live interactive programs.

Washington:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

West Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wisconsin:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wyoming:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.


CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “real-time” credit. There is no limit to the number of credits an attorney can earn via real-time programs.

Ontario (CPD-ON):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive” credit. There is no limit to the number of credits an attorney can earn via interactive programs.

Quebec (CPD-QC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of points an attorney can earn via live groupcasts.

United Kingdom (CPD-UK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Australia’s CPD requirements. Credit limits for live groupcasts vary according to jurisdiction. Please refer to your jurisdiction’s CPD information page for specifics.

Dubai (CLPD-DUBAI):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CLPD credit requirements.


Other Credit Types

CPE Credit (NASBA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as the “Group-Live” delivery method. Please check the Credit Information box on the right-hand side of this page to verify CPE credit availability.

IRS Continuing Education (IRS-CE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as "instructor-led" credit. There is no limit to the number of credits an SHRM professional can earn via instructor-led programs.

Compliance Certification Board (CCB):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” training events. There is no limit to the number of credits a candidate or certification holder can earn via live groupcasts.

Certified Anti-Money Laundering Specialists (CAMS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CAMS credit requirements.

New York State Social Worker Continuing Education (SW CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill SW CPE credit requirements.

American Bankers Association Professional Certification (ABA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill ABA credit requirements.

Certified Financial Planners (CFP):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CFP credit requirements.

 

Why You Should Attend

The 2017 real estate market is well behind us. The previous year closed with some leveling indicators, signaling a slowdown from the dazzling growth the market witnessed in the last few years. 2018 is presenting a more tempered pace and environment, as real estate forecasters seem to indicate. U.S. real estate appears to remain a safe bet in the eyes of domestic and international investors, but new challenges and risks are abound in this ever-changing market.

Every year, PLI’s Negotiating Real Estate Deals attempts to address the latest issues that real estate lawyers currently face – or soon will. The program features some of the country’s most respected members of the real estate bar, and attendees will learn practical insights to help them navigate common transactions, and take an educated look toward what’s on the horizon in this dynamic industry and legal practice.

 

What You Will Learn

  • Real estate transactions in today’s market
  • Current real estate lending trends
  • Practical tips for closing complex transactions 
  • What to negotiate in loan agreements
  • Loan defaults, foreclosures and their impact on work-outs and restructurings
  • Negotiating joint venture agreements
  • Getting the most out of negotiating ground lease transactions
  • Legal ethics issues arising out of real estate transactions

 

Who Should Attend

Legal, real estate, finance, insurance and construction professionals operating in this industry should find this program relevant and helpful. 

Program Level: Update

Intended Audience: Legal, real estate, finance, insurance and construction professionals operating in this industry should find this program relevant and helpful.

Prerequisites: A background in commercial real estate transactional work.

Advanced Preparation: None


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.

9:00 Introduction

Speakers: Jonathan L. Mechanic, Martin D. Polevoy



9:15 State of the Real Estate Market
  • What is the state of the real estate market?
  • What has changed and is changing in our business? 
  • What do we see for the rest of 2018?

Speakers: Douglas L. Harmon, Jonathan L. Mechanic, Martin D. Polevoy



10:15 Recent Trends in Real Estate Lending: 2018 Edition
  • State of the Lending Market for Both CMBS and Portfolio Lenders
  • Recent Developments in CMBS Lending - underwriting requirements, rating agency requirements, CMBS securitizations
  • Updates In Insurance Requirements
  • When can a Senior Lender Leak Excess Cash Flow From an Excess Cash Flow Subaccount?
  • Recent Developments in Mortgage/Mezzanine Intercreditor Agreements
  • Pitfalls In Financial Definitions In Loan Documents (Intersection of the legal and business sides) when analyzing Debt Yield and Debt Service Coverage Ratio Definitions (and the components thereof)
  • Issues to Consider On Loan Assumptions

Speakers: Ellen M. Goodwin, Laurinda Marstin



11:15 Networking Break

11:30 Closing Complex Real Estate Transactions – Successfully Closing Purchase and Sale Transactions
  • Manage the due diligence process
  • Shape Seller's representations and warranties
  • Outline covenants of Purchaser and Seller to govern the contract period
  • Establish conditions to the parties' obligations to close
  • Manage the closing process
  • Define default and provide for remedies

Speakers: Alexis Kremen, Ronald D. Sernau, Robert Sorin



12:30 Lunch

1:30 Distressed Loans and Lender Remedies
  • Defaults and acceleration
  • Latest trends in loan enforcement
  • Recourse and election of remedies
  • Defenses and lender liability
  • Hot tips in loan workouts
  • Primer on forbearance agreements
  • Deed in lieu of foreclosure strategies

Speaker: Richard S. Fries



2:30 Key Issues for Negotiating Joint Venture Agreements in Real Estate
  • Governance and Control – scope of major decisions, changes of control
  • Capital Contributions – additional capital calls, consequences of failure to fund
  • Distributions – preferred returns, carried and promoted interests
  • Dispute Resolutions – resolving a deadlock, buy-sell, forced sale
  • Exit Strategies and Other Transfer Restrictions – including transfers to competitors, transfers of management rights
  • Important tax Issues

Speakers: David C. Drewes, Scott M. Kobak, Audrey L. Sokoloff



3:30 Networking Break

3:45 Negotiating Ground Lease Transactions
  1. Fixing the Rent
    • Resets
    • Methodology
    • Capital transactions
    • 467 Treatment
  2. Financing, financing, financing
    • Mortgagee protective provisions
    • Subordination
    • Impact of CMBS
    • Foreclosure
  3. Uses
    • Upfront construction
    • Change in use
    • Prohibited uses
  4. Subleases and Value Creation
    • Recognition agreements
    • Hanky panky
    • Beyond the Term

Speakers: Amy Arentowicz, Chris M. Smith



4:45 Ethics in Real Estate Transactions: Managing Conflicts of Interest When Clients Lie
  • Three Salutary Tales – Hypotheticals
  • Lying client – client has relied on false documents
  • Lying client – civil proceeding – lawyer has relied on false documents to a tribunal
  • Financial institution client refuses to file a suspicious activity report
  • What do the Rules of Professional Conduct say?
  • Civil liability issues
  • Who might sue – and for what?
  • Effect of disclosure on liability exposures
  • If we disclose, when do we do it? what do we reveal?
  • An ounce of prevention. . .
  • Due diligence at client intake
  • The value (and importance) of AML laws and regulations
  • Using engagement letters
  • Managing conflicts of interest
  • What do the Rules of Professional Conduct say concerning:
    • Current clients
    • Former clients
    • Multiple and joint representations

Speaker: Anthony E. Davis



5:45 Adjourn

Co-Chair(s)
Jonathan L. Mechanic ~ Fried, Frank, Harris, Shriver & Jacobson LLP
Martin D. Polevoy ~ DLA Piper LLP
Speaker(s)
Amy Arentowicz ~ Senior Vice President, Related Companies
Anthony E. Davis ~ Hinshaw & Culbertson LLP
David C. Drewes ~ Willkie Farr & Gallagher LLP
Richard S. Fries ~ Sidley Austin LLP
Ellen M. Goodwin ~ Alston & Bird LLP
Douglas L. Harmon ~ Chairman of Capital Markets, Cushman & Wakefield
Scott M. Kobak ~ Simpson Thacher & Bartlett LLP
Alexis Kremen ~ Associate General Counsel, Related Companies
Laurinda Martins ~ Senior Vice President, Brookfield Corporate Operations LLC
Ronald D. Sernau ~ Proskauer Rose LLP
Chris M. Smith ~ Shearman & Sterling LLP
Audrey L. Sokoloff ~ Skadden, Arps, Slate, Meagher & Flom LLP
Robert Sorin ~ Fried, Frank, Harris, Shriver & Jacobson LLP
Program Attorney(s)
Meghan Carney Cavagnaro ~ Senior Program Attorney, Practising Law Institute
Atlanta Groupcast Location

Atlanta Bar Association, 400 International Tower, 229 Peachtree Street, NE, Atlanta, GA 30303-1601. (404) 521-0781.

General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.


U.S. MCLE States

Alabama:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Alaska:  All PLI products can fulfill Alaska’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Arizona:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

Arkansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

California:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “participatory” credit. There is no limit to the number of credits an attorney can earn via participatory programs.

Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Delaware:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Florida:  All PLI products can fulfill Florida’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Georgia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Hawaii:  All PLI products can fulfill Hawaii’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Idaho:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Illinois:  All PLI products can fulfill Illinois' CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Indiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Iowa:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Kansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live programs.

Kentucky:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Louisiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Maine:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Minnesota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Mississippi:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Missouri:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Montana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nebraska:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nevada:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New Hampshire:  All PLI products can fulfill New Hampshire’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

New Jersey:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “alternative verifiable learning formats” credit. Attorneys are limited to 12 credits of alternative verifiable learning formats per reporting period.

New Mexico:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can be used to fulfill the requirements for New York newly admitted attorneys. Ethics credit, professional practice credit, and law practice management credit may be earned via transitional live groupcasts. Skills credits may not be earned via live groupcasts.

North Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

North Dakota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Ohio:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oklahoma:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Puerto Rico:  All PLI products can fulfill Puerto Rico’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Rhode Island:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

South Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Tennessee:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Vermont:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live interactive” credit. There is no limit to the number of credits an attorney can earn via live interactive programs.

Washington:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

West Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wisconsin:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wyoming:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.


CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “real-time” credit. There is no limit to the number of credits an attorney can earn via real-time programs.

Ontario (CPD-ON):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive” credit. There is no limit to the number of credits an attorney can earn via interactive programs.

Quebec (CPD-QC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of points an attorney can earn via live groupcasts.

United Kingdom (CPD-UK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Australia’s CPD requirements. Credit limits for live groupcasts vary according to jurisdiction. Please refer to your jurisdiction’s CPD information page for specifics.

Dubai (CLPD-DUBAI):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CLPD credit requirements.


Other Credit Types

CPE Credit (NASBA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as the “Group-Live” delivery method. Please check the Credit Information box on the right-hand side of this page to verify CPE credit availability.

IRS Continuing Education (IRS-CE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as "instructor-led" credit. There is no limit to the number of credits an SHRM professional can earn via instructor-led programs.

Compliance Certification Board (CCB):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” training events. There is no limit to the number of credits a candidate or certification holder can earn via live groupcasts.

Certified Anti-Money Laundering Specialists (CAMS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CAMS credit requirements.

New York State Social Worker Continuing Education (SW CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill SW CPE credit requirements.

American Bankers Association Professional Certification (ABA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill ABA credit requirements.

Certified Financial Planners (CFP):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CFP credit requirements.

 

Why You Should Attend

The 2017 real estate market is well behind us. The previous year closed with some leveling indicators, signaling a slowdown from the dazzling growth the market witnessed in the last few years. 2018 is presenting a more tempered pace and environment, as real estate forecasters seem to indicate. U.S. real estate appears to remain a safe bet in the eyes of domestic and international investors, but new challenges and risks are abound in this ever-changing market.

Every year, PLI’s Negotiating Real Estate Deals attempts to address the latest issues that real estate lawyers currently face – or soon will. The program features some of the country’s most respected members of the real estate bar, and attendees will learn practical insights to help them navigate common transactions, and take an educated look toward what’s on the horizon in this dynamic industry and legal practice.

 

What You Will Learn

  • Real estate transactions in today’s market
  • Current real estate lending trends
  • Practical tips for closing complex transactions 
  • What to negotiate in loan agreements
  • Loan defaults, foreclosures and their impact on work-outs and restructurings
  • Negotiating joint venture agreements
  • Getting the most out of negotiating ground lease transactions
  • Legal ethics issues arising out of real estate transactions

 

Who Should Attend

Legal, real estate, finance, insurance and construction professionals operating in this industry should find this program relevant and helpful. 

Program Level: Update

Intended Audience: Legal, real estate, finance, insurance and construction professionals operating in this industry should find this program relevant and helpful.

Prerequisites: A background in commercial real estate transactional work.

Advanced Preparation: None


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.

9:00 Introduction

Speakers: Jonathan L. Mechanic, Martin D. Polevoy



9:15 State of the Real Estate Market
  • What is the state of the real estate market?
  • What has changed and is changing in our business? 
  • What do we see for the rest of 2018?

Speakers: Douglas L. Harmon, Jonathan L. Mechanic, Martin D. Polevoy



10:15 Recent Trends in Real Estate Lending: 2018 Edition
  • State of the Lending Market for Both CMBS and Portfolio Lenders
  • Recent Developments in CMBS Lending - underwriting requirements, rating agency requirements, CMBS securitizations
  • Updates In Insurance Requirements
  • When can a Senior Lender Leak Excess Cash Flow From an Excess Cash Flow Subaccount?
  • Recent Developments in Mortgage/Mezzanine Intercreditor Agreements
  • Pitfalls In Financial Definitions In Loan Documents (Intersection of the legal and business sides) when analyzing Debt Yield and Debt Service Coverage Ratio Definitions (and the components thereof)
  • Issues to Consider On Loan Assumptions

Speakers: Ellen M. Goodwin, Laurinda Marstin



11:15 Networking Break

11:30 Closing Complex Real Estate Transactions – Successfully Closing Purchase and Sale Transactions
  • Manage the due diligence process
  • Shape Seller's representations and warranties
  • Outline covenants of Purchaser and Seller to govern the contract period
  • Establish conditions to the parties' obligations to close
  • Manage the closing process
  • Define default and provide for remedies

Speakers: Alexis Kremen, Ronald D. Sernau, Robert Sorin



12:30 Lunch

1:30 Distressed Loans and Lender Remedies
  • Defaults and acceleration
  • Latest trends in loan enforcement
  • Recourse and election of remedies
  • Defenses and lender liability
  • Hot tips in loan workouts
  • Primer on forbearance agreements
  • Deed in lieu of foreclosure strategies

Speaker: Richard S. Fries



2:30 Key Issues for Negotiating Joint Venture Agreements in Real Estate
  • Governance and Control – scope of major decisions, changes of control
  • Capital Contributions – additional capital calls, consequences of failure to fund
  • Distributions – preferred returns, carried and promoted interests
  • Dispute Resolutions – resolving a deadlock, buy-sell, forced sale
  • Exit Strategies and Other Transfer Restrictions – including transfers to competitors, transfers of management rights
  • Important tax Issues

Speakers: David C. Drewes, Scott M. Kobak, Audrey L. Sokoloff



3:30 Networking Break

3:45 Negotiating Ground Lease Transactions
  1. Fixing the Rent
    • Resets
    • Methodology
    • Capital transactions
    • 467 Treatment
  2. Financing, financing, financing
    • Mortgagee protective provisions
    • Subordination
    • Impact of CMBS
    • Foreclosure
  3. Uses
    • Upfront construction
    • Change in use
    • Prohibited uses
  4. Subleases and Value Creation
    • Recognition agreements
    • Hanky panky
    • Beyond the Term

Speakers: Amy Arentowicz, Chris M. Smith



4:45 Ethics in Real Estate Transactions: Managing Conflicts of Interest When Clients Lie
  • Three Salutary Tales – Hypotheticals
  • Lying client – client has relied on false documents
  • Lying client – civil proceeding – lawyer has relied on false documents to a tribunal
  • Financial institution client refuses to file a suspicious activity report
  • What do the Rules of Professional Conduct say?
  • Civil liability issues
  • Who might sue – and for what?
  • Effect of disclosure on liability exposures
  • If we disclose, when do we do it? what do we reveal?
  • An ounce of prevention. . .
  • Due diligence at client intake
  • The value (and importance) of AML laws and regulations
  • Using engagement letters
  • Managing conflicts of interest
  • What do the Rules of Professional Conduct say concerning:
    • Current clients
    • Former clients
    • Multiple and joint representations

Speaker: Anthony E. Davis



5:45 Adjourn

Co-Chair(s)
Jonathan L. Mechanic ~ Fried, Frank, Harris, Shriver & Jacobson LLP
Martin D. Polevoy ~ DLA Piper LLP
Speaker(s)
Amy Arentowicz ~ Senior Vice President, Related Companies
Anthony E. Davis ~ Hinshaw & Culbertson LLP
David C. Drewes ~ Willkie Farr & Gallagher LLP
Richard S. Fries ~ Sidley Austin LLP
Ellen M. Goodwin ~ Alston & Bird LLP
Douglas L. Harmon ~ Chairman of Capital Markets, Cushman & Wakefield
Scott M. Kobak ~ Simpson Thacher & Bartlett LLP
Alexis Kremen ~ Associate General Counsel, Related Companies
Laurinda Martins ~ Senior Vice President, Brookfield Corporate Operations LLC
Ronald D. Sernau ~ Proskauer Rose LLP
Chris M. Smith ~ Shearman & Sterling LLP
Audrey L. Sokoloff ~ Skadden, Arps, Slate, Meagher & Flom LLP
Robert Sorin ~ Fried, Frank, Harris, Shriver & Jacobson LLP
Program Attorney(s)
Meghan Carney Cavagnaro ~ Senior Program Attorney, Practising Law Institute
New Jersey Groupcast Location

New Jersey Institute for Continuing Legal Education, One Constitution Square, New Brunswick, NJ 08901-1520. 732-249-5100.

General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.


U.S. MCLE States

Alabama:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Alaska:  All PLI products can fulfill Alaska’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Arizona:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

Arkansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

California:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “participatory” credit. There is no limit to the number of credits an attorney can earn via participatory programs.

Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Delaware:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Florida:  All PLI products can fulfill Florida’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Georgia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Hawaii:  All PLI products can fulfill Hawaii’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Idaho:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Illinois:  All PLI products can fulfill Illinois' CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Indiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Iowa:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Kansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live programs.

Kentucky:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Louisiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Maine:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Minnesota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Mississippi:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Missouri:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Montana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nebraska:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nevada:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New Hampshire:  All PLI products can fulfill New Hampshire’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

New Jersey:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “alternative verifiable learning formats” credit. Attorneys are limited to 12 credits of alternative verifiable learning formats per reporting period.

New Mexico:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can be used to fulfill the requirements for New York newly admitted attorneys. Ethics credit, professional practice credit, and law practice management credit may be earned via transitional live groupcasts. Skills credits may not be earned via live groupcasts.

North Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

North Dakota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Ohio:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oklahoma:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Puerto Rico:  All PLI products can fulfill Puerto Rico’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Rhode Island:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

South Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Tennessee:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Vermont:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live interactive” credit. There is no limit to the number of credits an attorney can earn via live interactive programs.

Washington:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

West Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wisconsin:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wyoming:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.


CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “real-time” credit. There is no limit to the number of credits an attorney can earn via real-time programs.

Ontario (CPD-ON):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive” credit. There is no limit to the number of credits an attorney can earn via interactive programs.

Quebec (CPD-QC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of points an attorney can earn via live groupcasts.

United Kingdom (CPD-UK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Australia’s CPD requirements. Credit limits for live groupcasts vary according to jurisdiction. Please refer to your jurisdiction’s CPD information page for specifics.

Dubai (CLPD-DUBAI):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CLPD credit requirements.


Other Credit Types

CPE Credit (NASBA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as the “Group-Live” delivery method. Please check the Credit Information box on the right-hand side of this page to verify CPE credit availability.

IRS Continuing Education (IRS-CE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as "instructor-led" credit. There is no limit to the number of credits an SHRM professional can earn via instructor-led programs.

Compliance Certification Board (CCB):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” training events. There is no limit to the number of credits a candidate or certification holder can earn via live groupcasts.

Certified Anti-Money Laundering Specialists (CAMS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CAMS credit requirements.

New York State Social Worker Continuing Education (SW CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill SW CPE credit requirements.

American Bankers Association Professional Certification (ABA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill ABA credit requirements.

Certified Financial Planners (CFP):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CFP credit requirements.

 

Why You Should Attend

The 2017 real estate market is well behind us. The previous year closed with some leveling indicators, signaling a slowdown from the dazzling growth the market witnessed in the last few years. 2018 is presenting a more tempered pace and environment, as real estate forecasters seem to indicate. U.S. real estate appears to remain a safe bet in the eyes of domestic and international investors, but new challenges and risks are abound in this ever-changing market.

Every year, PLI’s Negotiating Real Estate Deals attempts to address the latest issues that real estate lawyers currently face – or soon will. The program features some of the country’s most respected members of the real estate bar, and attendees will learn practical insights to help them navigate common transactions, and take an educated look toward what’s on the horizon in this dynamic industry and legal practice.

 

What You Will Learn

  • Real estate transactions in today’s market
  • Current real estate lending trends
  • Practical tips for closing complex transactions 
  • What to negotiate in loan agreements
  • Loan defaults, foreclosures and their impact on work-outs and restructurings
  • Negotiating joint venture agreements
  • Getting the most out of negotiating ground lease transactions
  • Legal ethics issues arising out of real estate transactions

 

Who Should Attend

Legal, real estate, finance, insurance and construction professionals operating in this industry should find this program relevant and helpful. 

Program Level: Update

Intended Audience: Legal, real estate, finance, insurance and construction professionals operating in this industry should find this program relevant and helpful.

Prerequisites: A background in commercial real estate transactional work.

Advanced Preparation: None


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.

8:00 Introduction

Speakers: Jonathan L. Mechanic, Martin D. Polevoy



8:15 State of the Real Estate Market
  • What is the state of the real estate market?
  • What has changed and is changing in our business? 
  • What do we see for the rest of 2018?

Speakers: Douglas L. Harmon, Jonathan L. Mechanic, Martin D. Polevoy



9:15 Recent Trends in Real Estate Lending: 2018 Edition
  • State of the Lending Market for Both CMBS and Portfolio Lenders
  • Recent Developments in CMBS Lending - underwriting requirements, rating agency requirements, CMBS securitizations
  • Updates In Insurance Requirements
  • When can a Senior Lender Leak Excess Cash Flow From an Excess Cash Flow Subaccount?
  • Recent Developments in Mortgage/Mezzanine Intercreditor Agreements
  • Pitfalls In Financial Definitions In Loan Documents (Intersection of the legal and business sides) when analyzing Debt Yield and Debt Service Coverage Ratio Definitions (and the components thereof)
  • Issues to Consider On Loan Assumptions

Speakers: Ellen M. Goodwin, Laurinda Marstin



10:15 Networking Break

10:30 Closing Complex Real Estate Transactions – Successfully Closing Purchase and Sale Transactions
  • Manage the due diligence process
  • Shape Seller's representations and warranties
  • Outline covenants of Purchaser and Seller to govern the contract period
  • Establish conditions to the parties' obligations to close
  • Manage the closing process
  • Define default and provide for remedies

Speakers: Alexis Kremen, Ronald D. Sernau, Robert Sorin



11:30 Lunch

12:30 Distressed Loans and Lender Remedies
  • Defaults and acceleration
  • Latest trends in loan enforcement
  • Recourse and election of remedies
  • Defenses and lender liability
  • Hot tips in loan workouts
  • Primer on forbearance agreements
  • Deed in lieu of foreclosure strategies

Speaker: Richard S. Fries



1:30 Key Issues for Negotiating Joint Venture Agreements in Real Estate
  • Governance and Control – scope of major decisions, changes of control
  • Capital Contributions – additional capital calls, consequences of failure to fund
  • Distributions – preferred returns, carried and promoted interests
  • Dispute Resolutions – resolving a deadlock, buy-sell, forced sale
  • Exit Strategies and Other Transfer Restrictions – including transfers to competitors, transfers of management rights
  • Important tax Issues

Speakers: David C. Drewes, Scott M. Kobak, Audrey L. Sokoloff



2:30 Networking Break

2:45 Negotiating Ground Lease Transactions
  1. Fixing the Rent
    • Resets
    • Methodology
    • Capital transactions
    • 467 Treatment
  2. Financing, financing, financing
    • Mortgagee protective provisions
    • Subordination
    • Impact of CMBS
    • Foreclosure
  3. Uses
    • Upfront construction
    • Change in use
    • Prohibited uses
  4. Subleases and Value Creation
    • Recognition agreements
    • Hanky panky
    • Beyond the Term

Speakers: Amy Arentowicz, Chris M. Smith



3:45 Ethics in Real Estate Transactions: Managing Conflicts of Interest When Clients Lie
  • Three Salutary Tales – Hypotheticals
  • Lying client – client has relied on false documents
  • Lying client – civil proceeding – lawyer has relied on false documents to a tribunal
  • Financial institution client refuses to file a suspicious activity report
  • What do the Rules of Professional Conduct say?
  • Civil liability issues
  • Who might sue – and for what?
  • Effect of disclosure on liability exposures
  • If we disclose, when do we do it? what do we reveal?
  • An ounce of prevention. . .
  • Due diligence at client intake
  • The value (and importance) of AML laws and regulations
  • Using engagement letters
  • Managing conflicts of interest
  • What do the Rules of Professional Conduct say concerning:
    • Current clients
    • Former clients
    • Multiple and joint representations

Speaker: Anthony E. Davis



4:45 Adjourn

Co-Chair(s)
Jonathan L. Mechanic ~ Fried, Frank, Harris, Shriver & Jacobson LLP
Martin D. Polevoy ~ DLA Piper LLP
Speaker(s)
Amy Arentowicz ~ Senior Vice President, Related Companies
Anthony E. Davis ~ Hinshaw & Culbertson LLP
David C. Drewes ~ Willkie Farr & Gallagher LLP
Richard S. Fries ~ Sidley Austin LLP
Ellen M. Goodwin ~ Alston & Bird LLP
Douglas L. Harmon ~ Chairman of Capital Markets, Cushman & Wakefield
Scott M. Kobak ~ Simpson Thacher & Bartlett LLP
Alexis Kremen ~ Associate General Counsel, Related Companies
Laurinda Martins ~ Senior Vice President, Brookfield Corporate Operations LLC
Ronald D. Sernau ~ Proskauer Rose LLP
Chris M. Smith ~ Shearman & Sterling LLP
Audrey L. Sokoloff ~ Skadden, Arps, Slate, Meagher & Flom LLP
Robert Sorin ~ Fried, Frank, Harris, Shriver & Jacobson LLP
Program Attorney(s)
Meghan Carney Cavagnaro ~ Senior Program Attorney, Practising Law Institute
Nashville Groupcast Location

The Nashville Bar Association, 150 4th Avenue, North, Suite #1050, Nashville, TN 37219. (615) 242-9272.

General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.


U.S. MCLE States

Alabama:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Alaska:  All PLI products can fulfill Alaska’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Arizona:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

Arkansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

California:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “participatory” credit. There is no limit to the number of credits an attorney can earn via participatory programs.

Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Delaware:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Florida:  All PLI products can fulfill Florida’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Georgia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Hawaii:  All PLI products can fulfill Hawaii’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Idaho:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Illinois:  All PLI products can fulfill Illinois' CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Indiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Iowa:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Kansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live programs.

Kentucky:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Louisiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Maine:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Minnesota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Mississippi:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Missouri:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Montana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nebraska:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nevada:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New Hampshire:  All PLI products can fulfill New Hampshire’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

New Jersey:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “alternative verifiable learning formats” credit. Attorneys are limited to 12 credits of alternative verifiable learning formats per reporting period.

New Mexico:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can be used to fulfill the requirements for New York newly admitted attorneys. Ethics credit, professional practice credit, and law practice management credit may be earned via transitional live groupcasts. Skills credits may not be earned via live groupcasts.

North Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

North Dakota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Ohio:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oklahoma:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Puerto Rico:  All PLI products can fulfill Puerto Rico’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Rhode Island:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

South Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Tennessee:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Vermont:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live interactive” credit. There is no limit to the number of credits an attorney can earn via live interactive programs.

Washington:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

West Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wisconsin:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wyoming:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.


CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “real-time” credit. There is no limit to the number of credits an attorney can earn via real-time programs.

Ontario (CPD-ON):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive” credit. There is no limit to the number of credits an attorney can earn via interactive programs.

Quebec (CPD-QC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of points an attorney can earn via live groupcasts.

United Kingdom (CPD-UK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Australia’s CPD requirements. Credit limits for live groupcasts vary according to jurisdiction. Please refer to your jurisdiction’s CPD information page for specifics.

Dubai (CLPD-DUBAI):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CLPD credit requirements.


Other Credit Types

CPE Credit (NASBA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as the “Group-Live” delivery method. Please check the Credit Information box on the right-hand side of this page to verify CPE credit availability.

IRS Continuing Education (IRS-CE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as "instructor-led" credit. There is no limit to the number of credits an SHRM professional can earn via instructor-led programs.

Compliance Certification Board (CCB):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” training events. There is no limit to the number of credits a candidate or certification holder can earn via live groupcasts.

Certified Anti-Money Laundering Specialists (CAMS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CAMS credit requirements.

New York State Social Worker Continuing Education (SW CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill SW CPE credit requirements.

American Bankers Association Professional Certification (ABA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill ABA credit requirements.

Certified Financial Planners (CFP):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CFP credit requirements.

 

Related Items

On-Demand  On-Demand Programs

Real Estate M&A and REIT Transactions 2018 Jan. 26, 2018
Negotiating Real Estate Deals 2017 Jun. 26, 2017

Handbook  Course Handbook Archive

Negotiating Real Estate Deals 2018  
Real Estate M&A and REIT Transactions 2018 Gil Menna, Goodwin Procter LLP
Robin Panovka, Wachtell, Lipton, Rosen & Katz
 
Negotiating Real Estate Deals 2017 Jonathan L Mechanic, Fried, Frank, Harris, Shriver & Jacobson LLP
Martin D Polevoy, DLA Piper LLP (US)
 
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