Seminar  Program

20th Annual Commercial Real Estate Institute


Select a Location:

Why You Should Attend

Improving the skills of identifying, appreciating and weighing your client’s leverage in negotiating the commercial real estate fundamentals (rents, vacancy rates and development activity) will be the focus of the 2018 Commercial Real Estate Institute. Practitioners with this understanding will find it easier to achieve and maintain a viable real estate practice where their advice adds value. This program helps practicing attorneys enhance those abilities while performing the traditional transactional skills, and while developing workout and enforcement skills, so that they can help their clients take advantage of their leverage and regain any lost footing more quickly.

 

What You Will Learn

  • New! The impact of tax reform on the commercial real estate industry
  • Understanding real estate joint ventures
  • Maximizing your client’s leverage in negotiating purchases and sales, and closing complex commercial transactions, in the current environment
  • Identifying whether your lender is overly cautious and finding the right lending balance
  • How to avoid real estate litigation (from foreclosures to evictions) and knowing what to do when it is inevitable
  • Environmental issues affecting real estate deals
  • Taking advantage of the upside of greening leases and avoiding the downside

and much more practical advice from experienced attorneys in the nation’s leading law firms!

 

SPECIAL FEATURE

  • Earn one hour of Ethics credit!

Who Should Attend

Real estate attorneys; real estate and hotel investment bankers, lenders and brokers; real estate and hotel general counsel and senior business executives; hotel asset managers and acquisition managers, and investment advisers; and other real estate or hotel advisers and consultants will benefit from attending this program.

Program Level: Overview

Intended Audience: Real estate attorneys; real estate and hotel investment bankers, lenders and brokers; real estate and hotel general counsel and senior business executives; hotel asset managers and acquisition managers, and investment advisers; and other real estate or hotel advisers and consultants will benefit from attending this program.

Prerequisites: An interest or background in real estate practice with a transactional focus.

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.

Day One: 8:45 a.m. - 5:00 p.m.

8:45 OPENING REMARKS

Josh M. Leavitt



9:00 STATE OF THE MARKET AND PURCHASES, SALES AND CLOSING STATE OF THE MARKET
  • State of the market
  • Letters of intent
  • Purchaser perspective
    • Understanding the property
    • Entity structuring issues
    • Due diligence vs. going hard
    • Purchaser contingencies
  • Seller perspective
    • Tenant estoppel issues
    • Limits on surviving obligations
  • Entitlements and environmental issues: How they affect the deal
  • Closing the deal: Staying organized

Alexandra R. Cole, Lawrence C. Eppley, Steve Horvath



10:45 Networking Break

11:00 COMMERCIAL LEASING
  • Landlord perspective and goals
    • Financing
    • Sale
    • Operations
  • Tenant perspective and goals
    • Operations
    • Flexibility
    • Expenses
  • Key lease provisions
    • Rent
    • Operating expenses
    • Taxes
    • Incentives: Work allowance or free rent
    • Expansion/contraction
    • Renewal
    • Assignment and subletting
    • Indemnity and insurance
    • Subordination
    • Default and damages
  • Lawyer’s role in commercial leasing transaction

Caryn S. Englander, David S. Sattelberger



12:30 Lunch

1:45 MORTGAGE FINANCING
  • Real estate financing transaction overview:  From Loan Application to Closing and beyond, including managing the closing process 
  • Borrower and lender motivations / key concerns
  • Important terms and issues 
  • Legal opinions
  • Third-party deliverables and due diligence 
  • Specific types of financing 
  • Foreclosure and other remedies

Steven R. Davidson, Daniel J. Favero, LaVon M. Johns



3:15 Networking Break

3:30 REAL ESTATE LITIGATION: A TOOLKIT FOR TRANSACTIONAL LAWYERS
  • Pre-litigation strategy
  • Litigating landlord/tenant, mortgage loan, and other real estate disputes
    • Finding the right forum; forum selection clauses
    • Similarities/differences from other litigation; special REIT considerations
  • Pre-litigation issues for attorneys
    • Mortgages
    • Examination of title
    • Existence of defaults
    • Default/acceleration notices
    • Post-acceleration practical tips
  • Pre-litigation issues for attorneys
    • Landlord/tenant
    • Acceptance of rent/waiver of default
  • Predicting outcomes/providing guidance to clients
  • The discovery process
    • Production
    • Privilege
    • Protective orders
    • Spoliation
  • Role of the transactional attorney in resolving real estate disputes
  • Tips to preserve and improve the attorney/client relationship during litigation

William J. Dorsey, Michael A. Weinberg



5:00 Adjourn

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

9:00 JOINT VENTURES
  • Context for real estate joint ventures
  • Legal structures and governance
  • Capital obligations
  • Transfer of interests/disputes/exit rights
  • Duties and conflicts of interest

Karl L. Marschel, Elizabeth O’Brien



10:15 Networking Break

10:30 ENVIRONMENTAL LAW IN REAL ESTATE TRANSACTIONS
  • Environmental due diligence and disclosure
  • Urban environmental issues (vapor intrusion, demolition, ambient hazards)
  • Key liability issues under federal and state laws
  • Other environmental issues (wetlands, stormwater, species, climate change, environmental justice)
  • Opportunities, pitfalls and strategies for brownfields
  • Baby NEPAs and land use/environmental nexus
  • Environmental covenants, representations, warranties and indemnities
  • Environmental insurance

Sean W. Bezark



11:45 CONSTRUCTION ISSUES
  • Selecting the proper delivery system
  • Update on standardized “form” documents
  • Critical risk-shifting provisions in construction contracts, including a discussion on dispute resolution clauses
  • Issues with inconsistent treatment across jurisdictions

Josh M. Leavitt, Daniel G. Rosenberg



1:00 Lunch

2:15 THE IMPACT OF TAX REFORM ON COMMERCIAL REAL ESTATE
  • Overview of major tax changes affecting real estate
  • Pass-through deduction issues in real estate business
  • Excess business losses
  • Changes affecting REITs
  • How the interest deduction limitations affect real estate
  • Risk of bifurcation in Section 1031 exchanges

Edward J. Hannon, Hamilton Kwon, Julia A. Turk



3:30 Networking Break

3:45 ETHICAL ISSUES FACING REAL ESTATE ATTORNEYS
  • Who is your client?
  • Conflicts and screening
    • Loyalty and confidentiality
    • Does your client own you forever?
  • Restaurant chatter…Technology and confidentiality:
    • Cautionary tales from around the country
    • Talking about client matters in public spaces
    • What is "generally known"?
    • The risks of the latest technological tools
    • Using e-mail wisely
    • Does Facebook make you stupid?
    • Replying to online criticism
  • Brave new world, Technology’s impact on the practice of law
    • Tracking software, spy tools, metadata, and more
    • Your online client....what could go wrong?
    • Bitcoins as legal fees?

Mary K. Foster, Wendy J. Muchman



4:45 WRAP-UP: CONCLUDING COMMENTS

5:00 Adjourn

Chairperson(s)
Josh M. Leavitt ~ Much Shelist, P.C.
Speaker(s)
Sean W. Bezark ~ Greenberg Traurig LLP
Alexandra R. Cole ~ Perkins Coie LLP
Steven R. Davidson ~ Dentons US LLP
William J. Dorsey ~ Katten Muchin Rosenman LLP
Caryn S. Englander ~ DLA Piper
Lawrence C. Eppley ~ Sheppard, Mullin, Richter & Hampton LLP
Daniel J. Favero ~ Mayer Brown LLP
Mary K. Foster ~ Lecturer, Northwestern Pritzker School of Law
Edward J. Hannon ~ Quarles & Brady LLP
Steve Horvath ~ Principal & President, CONLON Commercial
LaVon M. Johns ~ Quintairos, Prieto, Wood & Boyer, P.A.
Hamilton Kwon ~ Miller Cooper & Co., Ltd.
Karl L. Marschel ~ Bryan Cave Leighton Paisner LLP
Wendy J. Muchman ~ Chief of Litigation and Professional Education, Attorney Registration & Disciplinary Commission of the Supreme Court of Illinois
Elizabeth O'Brien ~ Levenfeld Pearlstein, LLC
Daniel G. Rosenberg ~ Vice President and General Counsel, James McHugh Construction Company
David S. Sattelberger ~ Schiff Hardin LLP
Julia A. Turk ~ Much Shelist, P.C.
Michael A. Weinberg ~ Novack and Macey LLP
Program Attorney(s)
Meghan Carney Cavagnaro ~ Senior Program Attorney, Practising Law Institute

Chicago Seminar Location

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

Hotel Accommodation

Intercontinental Hotel Chicago, 505 N. Michigan Avenue, Chicago, IL 60611. (312) 944-4100. Please contact the hotel directly for the preferred rate and mention Practising Law Institute or Corporate ID 100312169.  You may also book online at PRACTISING LAW INSTITUTE.    Please note that the rate is a corporate and not a group rate. 

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

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.

Alberta (CPD-ALBERTA):  All PLI products can fulfill Alberta’s CPD requirements. There is no limit to the number of credits an attorney can earn via PLI products.

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

Improving the skills of identifying, appreciating and weighing your client’s leverage in negotiating the commercial real estate fundamentals (rents, vacancy rates and development activity) will be the focus of the 2018 Commercial Real Estate Institute. Practitioners with this understanding will find it easier to achieve and maintain a viable real estate practice where their advice adds value. This program helps practicing attorneys enhance those abilities while performing the traditional transactional skills, and while developing workout and enforcement skills, so that they can help their clients take advantage of their leverage and regain any lost footing more quickly.

 

What You Will Learn

  • New! The impact of tax reform on the commercial real estate industry
  • Understanding real estate joint ventures
  • Maximizing your client’s leverage in negotiating purchases and sales, and closing complex commercial transactions, in the current environment
  • Identifying whether your lender is overly cautious and finding the right lending balance
  • How to avoid real estate litigation (from foreclosures to evictions) and knowing what to do when it is inevitable
  • Environmental issues affecting real estate deals
  • Taking advantage of the upside of greening leases and avoiding the downside

and much more practical advice from experienced attorneys in the nation’s leading law firms!

 

SPECIAL FEATURE

  • Earn one hour of Ethics credit!

Who Should Attend

Real estate attorneys; real estate and hotel investment bankers, lenders and brokers; real estate and hotel general counsel and senior business executives; hotel asset managers and acquisition managers, and investment advisers; and other real estate or hotel advisers and consultants will benefit from attending this program.

Program Level: Overview

Intended Audience: Real estate attorneys; real estate and hotel investment bankers, lenders and brokers; real estate and hotel general counsel and senior business executives; hotel asset managers and acquisition managers, and investment advisers; and other real estate or hotel advisers and consultants will benefit from attending this program.

Prerequisites: An interest or background in real estate practice with a transactional focus.

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.

Day One: 8:45 a.m. - 5:00 p.m.

8:45 OPENING REMARKS

Richard C. Mallory



9:00 STATE OF THE MARKET AND PURCHASES, SALES AND CLOSING STATE OF THE MARKET
  • State of the market
  • Letters of intent
  • Purchaser perspective
    • Understanding the property
    • Entity structuring issues
    • Due diligence vs. going hard
    • Purchaser contingencies
  • Seller perspective
    • Tenant estoppel issues
    • Limits on surviving obligations
  • Entitlements and environmental issues: How they affect the deal
  • Closing the deal: Staying organized

Jodi B. Fedor, Danna M. Kozerski, Mark McGranahan



10:45 Networking Break

11:00 COMMERCIAL LEASING
  • Landlord perspective and goals
    • Financing
    • Sale
    • Operations
  • Tenant perspective and goals
    • Operations
    • Flexibility
    • Expenses
  • Key lease provisions
    • Rent
    • Operating expenses
    • Taxes
    • Incentives: Work allowance or free rent
    • Expansion/contraction
    • Renewal
    • Assignment and subletting
    • Indemnity and insurance
    • Subordination
    • Default and damages
  • Lawyer’s role in commercial leasing transaction

Manuel Fishman, Richard C. Mallory



12:30 Lunch

1:45 MORTGAGE FINANCING
  • Real estate financing transaction overview: From loan application to closing and beyond, including managing the closing process 
  • Borrower and lender motivations / key concerns
  • Important terms and issues 
  • Legal opinions
  • Third-party deliverables and due diligence 
  • Specific types of financing 
  • Foreclosure and other remedies

Andrea L. Clay, Stephen P. Lieske, David I. Paulson



3:15 Networking Break

3:30 REAL ESTATE LITIGATION: A TOOLKIT FOR TRANSACTIONAL LAWYERS
  • Pre-litigation strategy
  • Litigating landlord/tenant, mortgage loan, and other real estate disputes
    • Finding the right forum; forum selection clauses
    • Similarities/differences from other litigation; special REIT considerations
  • Pre-litigation issues for attorneys
    • Mortgages
    • Examination of title
    • Existence of defaults
    • Default/acceleration notices
    • Post-acceleration practical tips
  • Pre-litigation issues for attorneys
    • Landlord/tenant
    • Acceptance of rent/waiver of default
  • Predicting outcomes/providing guidance to clients
  • The discovery process
    • Production
    • Privilege
    • Protective orders
    • Spoliation
  • Role of the transactional attorney in resolving real estate disputes
  • Tips to preserve and improve the attorney/client relationship during litigation

Denis F. Shanagher, Robert Charles Ward



5:00 Adjourn

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

9:00 JOINT VENTURES
  • Context for real estate joint ventures
  • Legal structures and governance
  • Capital obligations
  • Transfer of interests/disputes/exit rights
  • Duties and conflicts of interest

David A. Hamsher, Beth Pennington



10:15 Networking Break

10:30 ENVIRONMENTAL LAW IN REAL ESTATE TRANSACTIONS
  • Environmental due diligence and disclosure
  • Urban environmental issues (vapor intrusion, demolition, ambient hazards)
  • Key liability issues under federal and state laws
  • Other environmental issues (wetlands, stormwater, species, climate change, environmental justice)
  • Opportunities, pitfalls and strategies for brownfields
  • Baby NEPAs and land use/environmental nexus
  • Environmental covenants, representations, warranties and indemnities
  • Environmental insurance

Nicholas W. Targ



11:45 CONSTRUCTION ISSUES
  • Selecting the proper delivery system
  • Update on standardized “form” documents
  • Critical risk-shifting provisions in construction contracts, including a discussion on dispute resolution clauses
  • Issues with inconsistent treatment across jurisdictions

Richard Van Duzer



1:00 Lunch

2:15 THE IMPACT OF TAX REFORM ON COMMERCIAL REAL ESTATE
  • Overview of major tax changes affecting real estate
  • Pass-through deduction issues in real estate business
  • Excess business losses
  • Changes affecting REITs
  • How the interest deduction limitations affect real estate
  • Risk of bifurcation in Section 1031 exchanges

Stephen Moskowitz



3:30 Networking Break

3:45 ETHICAL ISSUES FACING REAL ESTATE ATTORNEYS
  • Who is your client?
  • Conflicts and screening
    • Loyalty and confidentiality
    • Does your client own you forever?
  • Restaurant chatter…Technology and confidentiality
    • Cautionary tales from around the country
    • Talking about client matters in public spaces
    • What is "generally known"?
    • The risks of the latest technological tools
    • Using e-mail wisely
    • Does Facebook make you stupid?
    • Replying to online criticism
    Brave new world: Technology’s impact on the practice of law
    • Tracking software, spy tools, metadata, and more
    • Your online client....what could go wrong?
  • Bitcoins as legal fees?

Carol M. Langford, Robert S. Miller



4:45 WRAP-UP: CONCLUDING COMMENTS

5:00 Adjourn

Chairperson(s)
Richard C. Mallory ~ Allen Matkins Leck Gamble Mallory & Natsis LLP
Speaker(s)
Andrea L. Clay ~ Polsinelli LLP
Jodi B. Fedor ~ Shartsis Friese LLP
Manuel Fishman ~ Buchalter
David A. Hamsher ~ Paul Hastings LLP
Danna M. Kozerski ~ Coblentz Patch Duffy & Bass LLP
Carol M. Langford ~ Law Office of Carol M. Langford
Stephen P. Lieske ~ Allen Matkins Leck Gamble & Mallory LLP
Mark McGranahan ~ Cushman & Wakefield
Robert S. Miller ~ Lubin Olson & Niewiadomski LLP
Stephen Moskowitz ~ Moskowitz LLP
David I. Paulson ~ Jones Day
Beth Pennington ~ Pennington Lawson LLP
Denis F. Shanagher ~ Duane Morris LLP
Nicholas W. Targ ~ Holland & Knight LLP
Richard Van Duzer ~ Farella Braun & Martel LLP
Robert Charles Ward ~ Shartsis Friese LLP
Program Attorney(s)
Meghan Carney Cavagnaro ~ Senior Program Attorney, Practising Law Institute

San Francisco Seminar Location

PLI California Center, 685 Market Street, San Francisco, California 94105. (800) 260-4754.

San Francisco Hotel Accommodations

Park Central Hotel, 50 Third Street, San Francisco, CA 94103. 415-974-6400. When calling, please mention PLI and SET#287179. In addition, you may book online at Park Central Hotel PLI.

Omni Hotel San Francisco, 500 California Street, San Francisco, CA 94104. 415-677-9494.  When calling, please mention Practising Law Institute.  You may also book online at PLI Omni 2018.

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

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

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.

Alberta (CPD-ALBERTA):  All PLI products can fulfill Alberta’s CPD requirements. There is no limit to the number of credits an attorney can earn via PLI products.

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

Improving the skills of identifying, appreciating and weighing your client’s leverage in negotiating the commercial real estate fundamentals (rents, vacancy rates and development activity) will be the focus of the 2018 Commercial Real Estate Institute. Practitioners with this understanding will find it easier to achieve and maintain a viable real estate practice where their advice adds value. This program helps practicing attorneys enhance those abilities while performing the traditional transactional skills, and while developing workout and enforcement skills, so that they can help their clients take advantage of their leverage and regain any lost footing more quickly.

 

What You Will Learn

  • New! The impact of tax reform on the commercial real estate industry
  • Understanding real estate joint ventures
  • Maximizing your client’s leverage in negotiating purchases and sales, and closing complex commercial transactions, in the current environment
  • Identifying whether your lender is overly cautious and finding the right lending balance
  • How to avoid real estate litigation (from foreclosures to evictions) and knowing what to do when it is inevitable
  • Environmental issues affecting real estate deals
  • Taking advantage of the upside of greening leases and avoiding the downside

and much more practical advice from experienced attorneys in the nation’s leading law firms!

 

SPECIAL FEATURE

  • Earn one hour of Ethics credit!

Who Should Attend

Real estate attorneys; real estate and hotel investment bankers, lenders and brokers; real estate and hotel general counsel and senior business executives; hotel asset managers and acquisition managers, and investment advisers; and other real estate or hotel advisers and consultants will benefit from attending this program.

Program Level: Overview

Intended Audience: Real estate attorneys; real estate and hotel investment bankers, lenders and brokers; real estate and hotel general counsel and senior business executives; hotel asset managers and acquisition managers, and investment advisers; and other real estate or hotel advisers and consultants will benefit from attending this program.

Prerequisites: An interest or background in real estate practice with a transactional focus.

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.

Day One: 8:45 a.m. - 5:00 p.m.

8:45 OPENING REMARKS

Richard C. Mallory



9:00 STATE OF THE MARKET AND PURCHASES, SALES AND CLOSING STATE OF THE MARKET
  • State of the market
  • Letters of intent
  • Purchaser perspective
    • Understanding the property
    • Entity structuring issues
    • Due diligence vs. going hard
    • Purchaser contingencies
  • Seller perspective
    • Tenant estoppel issues
    • Limits on surviving obligations
  • Entitlements and environmental issues: How they affect the deal
  • Closing the deal: Staying organized

Jodi B. Fedor, Danna M. Kozerski, Mark McGranahan



10:45 Networking Break

11:00 COMMERCIAL LEASING
  • Landlord perspective and goals
    • Financing
    • Sale
    • Operations
  • Tenant perspective and goals
    • Operations
    • Flexibility
    • Expenses
  • Key lease provisions
    • Rent
    • Operating expenses
    • Taxes
    • Incentives: Work allowance or free rent
    • Expansion/contraction
    • Renewal
    • Assignment and subletting
    • Indemnity and insurance
    • Subordination
    • Default and damages
  • Lawyer’s role in commercial leasing transaction

Manuel Fishman, Richard C. Mallory



12:30 Lunch

1:45 MORTGAGE FINANCING
  • Real estate financing transaction overview: From loan application to closing and beyond, including managing the closing process 
  • Borrower and lender motivations / key concerns
  • Important terms and issues 
  • Legal opinions
  • Third-party deliverables and due diligence 
  • Specific types of financing 
  • Foreclosure and other remedies

Andrea L. Clay, Stephen P. Lieske, David I. Paulson



3:15 Networking Break

3:30 REAL ESTATE LITIGATION: A TOOLKIT FOR TRANSACTIONAL LAWYERS
  • Pre-litigation strategy
  • Litigating landlord/tenant, mortgage loan, and other real estate disputes
    • Finding the right forum; forum selection clauses
    • Similarities/differences from other litigation; special REIT considerations
  • Pre-litigation issues for attorneys
    • Mortgages
    • Examination of title
    • Existence of defaults
    • Default/acceleration notices
    • Post-acceleration practical tips
  • Pre-litigation issues for attorneys
    • Landlord/tenant
    • Acceptance of rent/waiver of default
  • Predicting outcomes/providing guidance to clients
  • The discovery process
    • Production
    • Privilege
    • Protective orders
    • Spoliation
  • Role of the transactional attorney in resolving real estate disputes
  • Tips to preserve and improve the attorney/client relationship during litigation

Denis F. Shanagher, Robert Charles Ward



5:00 Adjourn

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

9:00 JOINT VENTURES
  • Context for real estate joint ventures
  • Legal structures and governance
  • Capital obligations
  • Transfer of interests/disputes/exit rights
  • Duties and conflicts of interest

David A. Hamsher, Beth Pennington



10:15 Networking Break

10:30 ENVIRONMENTAL LAW IN REAL ESTATE TRANSACTIONS
  • Environmental due diligence and disclosure
  • Urban environmental issues (vapor intrusion, demolition, ambient hazards)
  • Key liability issues under federal and state laws
  • Other environmental issues (wetlands, stormwater, species, climate change, environmental justice)
  • Opportunities, pitfalls and strategies for brownfields
  • Baby NEPAs and land use/environmental nexus
  • Environmental covenants, representations, warranties and indemnities
  • Environmental insurance

Nicholas W. Targ



11:45 CONSTRUCTION ISSUES
  • Selecting the proper delivery system
  • Update on standardized “form” documents
  • Critical risk-shifting provisions in construction contracts, including a discussion on dispute resolution clauses
  • Issues with inconsistent treatment across jurisdictions

Richard Van Duzer



1:00 Lunch

2:15 THE IMPACT OF TAX REFORM ON COMMERCIAL REAL ESTATE
  • Overview of major tax changes affecting real estate
  • Pass-through deduction issues in real estate business
  • Excess business losses
  • Changes affecting REITs
  • How the interest deduction limitations affect real estate
  • Risk of bifurcation in Section 1031 exchanges

Stephen Moskowitz



3:30 Networking Break

3:45 ETHICAL ISSUES FACING REAL ESTATE ATTORNEYS
  • Who is your client?
  • Conflicts and screening
    • Loyalty and confidentiality
    • Does your client own you forever?
  • Restaurant chatter…Technology and confidentiality
    • Cautionary tales from around the country
    • Talking about client matters in public spaces
    • What is "generally known"?
    • The risks of the latest technological tools
    • Using e-mail wisely
    • Does Facebook make you stupid?
    • Replying to online criticism
    Brave new world: Technology’s impact on the practice of law
    • Tracking software, spy tools, metadata, and more
    • Your online client....what could go wrong?
  • Bitcoins as legal fees?

Carol M. Langford, Robert S. Miller



4:45 WRAP-UP: CONCLUDING COMMENTS

5:00 Adjourn

Chairperson(s)
Richard C. Mallory ~ Allen Matkins Leck Gamble Mallory & Natsis LLP
Speaker(s)
Andrea L. Clay ~ Polsinelli LLP
Jodi B. Fedor ~ Shartsis Friese LLP
Manuel Fishman ~ Buchalter
David A. Hamsher ~ Paul Hastings LLP
Danna M. Kozerski ~ Coblentz Patch Duffy & Bass LLP
Carol M. Langford ~ Law Office of Carol M. Langford
Stephen P. Lieske ~ Allen Matkins Leck Gamble & Mallory LLP
Mark McGranahan ~ Cushman & Wakefield
Robert S. Miller ~ Lubin Olson & Niewiadomski LLP
Stephen Moskowitz ~ Moskowitz LLP
David I. Paulson ~ Jones Day
Beth Pennington ~ Pennington Lawson LLP
Denis F. Shanagher ~ Duane Morris LLP
Nicholas W. Targ ~ Holland & Knight LLP
Richard Van Duzer ~ Farella Braun & Martel LLP
Robert Charles Ward ~ Shartsis Friese 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:  All PLI products can fulfill Washington’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

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.

Alberta (CPD-ALBERTA):  All PLI products can fulfill Alberta’s CPD requirements. There is no limit to the number of credits an attorney can earn via PLI products.

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

Improving the skills of identifying, appreciating and weighing your client’s leverage in negotiating the commercial real estate fundamentals (rents, vacancy rates and development activity) will be the focus of the 2018 Commercial Real Estate Institute. Practitioners with this understanding will find it easier to achieve and maintain a viable real estate practice where their advice adds value. This program helps practicing attorneys enhance those abilities while performing the traditional transactional skills, and while developing workout and enforcement skills, so that they can help their clients take advantage of their leverage and regain any lost footing more quickly.

 

What You Will Learn

  • New! The impact of tax reform on the commercial real estate industry
  • Understanding real estate joint ventures
  • Maximizing your client’s leverage in negotiating purchases and sales, and closing complex commercial transactions, in the current environment
  • Identifying whether your lender is overly cautious and finding the right lending balance
  • How to avoid real estate litigation (from foreclosures to evictions) and knowing what to do when it is inevitable
  • Environmental issues affecting real estate deals
  • Taking advantage of the upside of greening leases and avoiding the downside

and much more practical advice from experienced attorneys in the nation’s leading law firms!

 

SPECIAL FEATURE

  • Earn one hour of Ethics credit!

Who Should Attend

Real estate attorneys; real estate and hotel investment bankers, lenders and brokers; real estate and hotel general counsel and senior business executives; hotel asset managers and acquisition managers, and investment advisers; and other real estate or hotel advisers and consultants will benefit from attending this program.

Program Level: Overview

Intended Audience: Real estate attorneys; real estate and hotel investment bankers, lenders and brokers; real estate and hotel general counsel and senior business executives; hotel asset managers and acquisition managers, and investment advisers; and other real estate or hotel advisers and consultants will benefit from attending this program.

Prerequisites: An interest or background in real estate practice with a transactional focus.

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.

Day One: 8:45 a.m. - 5:00 p.m.

8:45 OPENING REMARKS

Elliot L. Hurwitz



9:00 STATE OF THE MARKET AND PURCHASES, SALES AND CLOSING STATE OF THE MARKET
  • State of the market
  • Letters of intent
  • Purchaser perspective
    • Understanding the property
    • Entity structuring issues
    • Due diligence vs. going hard
    • Purchaser contingencies
  • Seller perspective
    • Tenant estoppel issues
    • Limits on surviving obligations
  • Entitlements and environmental issues: How they affect the deal
  • Closing the deal: Staying organized

Jonathan L. Mechanic, Janice Stanton



10:45 Networking Break

11:00 COMMERCIAL LEASING
  • Landlord perspective and goals
    • Financing
    • Sale
    • Operations
  • Tenant perspective and goals
    • Operations
    • Flexibility
    • Expenses
  • Key lease provisions
    • Rent
    • Operating expenses
    • Taxes
    • Incentives: Work allowance or free rent
    • Expansion/contraction
    • Renewal
    • Assignment and subletting
    • Indemnity and insurance
    • Subordination
    • Default and damages
  • Lawyer’s role in commercial leasing transaction

Jill Hayman, Ronald D. Sernau



12:30 Lunch

1:45 MORTGAGE FINANCING
  • Real estate financing transaction overview:   From loan application to closing and beyond, including managing the closing process 
  • Borrower and lender motivations / key concerns
  • Important terms and issues 
  • Legal opinions
  • Third-party deliverables and due diligence 
  • Specific types of financing 
  • Foreclosure and other remedies

Diana M. Brummer, Kevin M. Kelly, Carson M. Leonard



3:15 Networking Break

3:30 REAL ESTATE LITIGATION: A TOOLKIT FOR TRANSACTIONAL LAWYERS
  • Pre-litigation strategy
  • Litigating landlord/tenant, mortgage loan, and other real estate disputes
    • Finding the right forum; forum selection clauses
    • Similarities/differences from other litigation; special REIT considerations
  • Pre-litigation issues for attorneys
    • Mortgages
    • Examination of title
    • Existence of defaults
    • Default/acceleration notices
    • Post-acceleration practical tips
  • Pre-litigation issues for attorneys
    • Landlord/tenant
    • Acceptance of rent/waiver of default
  • Predicting outcomes/providing guidance to clients
  • The discovery process
    • Production
    • Privilege
    • Protective orders
    • Spoliation
  • Role of the transactional attorney in resolving real estate disputes
  • Tips to preserve and improve the attorney/client relationship during litigation

Mitchell D. Haddad, Menachem J. Kastner



5:00 Adjourn

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

9:00 JOINT VENTURES
  • Context for real estate joint ventures
  • Legal structures and governance
  • Capital obligations
  • Transfer of interests/disputes/exit rights
  • Duties and conflicts of interest

Kelly Galligan, Steven L. Wilner



10:15 Networking Break

10:30 ENVIRONMENTAL LAW IN REAL ESTATE TRANSACTIONS
  • Environmental due diligence and disclosure
  • Urban environmental issues (vapor intrusion, demolition, ambient hazards)
  • Key liability issues under federal and state laws
  • Other environmental issues (wetlands, stormwater, species, climate change, environmental justice)
  • Opportunities, pitfalls and strategies for brownfields
  • Baby NEPAs and land use/environmental nexus
  • Environmental covenants, representations, warranties and indemnities
  • Environmental insurance

Philip E. Karmel



11:45 CONSTRUCTION ISSUES
  • Selecting the proper delivery system
  • Update on standardized “form” documents
  • Critical risk-shifting provisions in construction contracts, including a discussion on dispute resolution clauses
  • Issues with inconsistent treatment across jurisdictions

Alexander F. Ferrini III



1:00 Lunch

2:15 THE IMPACT OF TAX REFORM ON COMMERCIAL REAL ESTATE
  • Overview of major tax changes affecting real estate
  • Pass-through deduction issues in real estate business
  • Excess business losses
  • Changes affecting REITs
  • How the interest deduction limitations affect real estate
  • Risk of bifurcation in Section 1031 exchanges

Stephen Millman



3:30 Networking Break

3:45 ETHICAL ISSUES FACING REAL ESTATE ATTORNEYS
  • Who is your client?
  • Conflicts and screening
    • Loyalty and confidentiality
    • Does your client own you forever?
  • Restaurant chatter…Technology and confidentiality
    • Cautionary tales from around the country
    • Talking about client matters in public spaces
    • What is "generally known"?
    • The risks of the latest technological tools
    • Using e-mail wisely
    • Does Facebook make you stupid?
    • Replying to online criticism
    Brave new world: Technology’s impact on the practice of law
    • Tracking software, spy tools, metadata, and more
    • Your online client....what could go wrong?
    • Bitcoins as legal fees?

Pery D. Krinsky



4:45 WRAP-UP: CONCLUDING COMMENTS

5:00 Adjourn

Chairperson(s)
Elliot L. Hurwitz ~ Chief Commercial Counsel, Chicago Title Insurance Company
Speaker(s)
Diana M. Brummer ~ Goodwin Procter LLP
Alexander Ferrini III ~ Olshan Frome Wolosky LLP
Kelly Galligan ~ Managing Director, Head of U.S. Commercial Real Estate Finance Legal, AIG Asset Management, AIG Global Real Estate Investment Corp.
Mitchell D. Haddad ~ Sills Cummis & Gross P.C.
Jill Hayman ~ Hunton Andrews Kurth
Philip E. Karmel ~ Bryan Cave Leighton Paisner LLP
Menachem J. Kastner ~ Cozen O'Connor
Kevin M. Kelly ~ Senior Finance Counsel, Simon Property Group Inc.
Pery D. Krinsky ~ Principal, Krinsky PLLC
Carson M. Leonard ~ Alston & Bird LLP
Jonathan L. Mechanic ~ Fried, Frank, Harris, Shriver & Jacobson LLP
Stephen Millman ~ Watson Farley & Williams LLP
Ronald D. Sernau ~ Proskauer Rose LLP
Janice Stanton ~ Executive Managing Director, Cushman & Wakefield
Steven L. Wilner ~ Cleary Gottlieb Steen & Hamilton 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:  All PLI products can fulfill Washington’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

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.

Alberta (CPD-ALBERTA):  All PLI products can fulfill Alberta’s CPD requirements. There is no limit to the number of credits an attorney can earn via PLI products.

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

Improving the skills of identifying, appreciating and weighing your client’s leverage in negotiating the commercial real estate fundamentals (rents, vacancy rates and development activity) will be the focus of the 2018 Commercial Real Estate Institute. Practitioners with this understanding will find it easier to achieve and maintain a viable real estate practice where their advice adds value. This program helps practicing attorneys enhance those abilities while performing the traditional transactional skills, and while developing workout and enforcement skills, so that they can help their clients take advantage of their leverage and regain any lost footing more quickly.

 

What You Will Learn

  • New! The impact of tax reform on the commercial real estate industry
  • Understanding real estate joint ventures
  • Maximizing your client’s leverage in negotiating purchases and sales, and closing complex commercial transactions, in the current environment
  • Identifying whether your lender is overly cautious and finding the right lending balance
  • How to avoid real estate litigation (from foreclosures to evictions) and knowing what to do when it is inevitable
  • Environmental issues affecting real estate deals
  • Taking advantage of the upside of greening leases and avoiding the downside

and much more practical advice from experienced attorneys in the nation’s leading law firms!

 

SPECIAL FEATURE

  • Earn one hour of Ethics credit!

Who Should Attend

Real estate attorneys; real estate and hotel investment bankers, lenders and brokers; real estate and hotel general counsel and senior business executives; hotel asset managers and acquisition managers, and investment advisers; and other real estate or hotel advisers and consultants will benefit from attending this program.

Program Level: Overview

Intended Audience: Real estate attorneys; real estate and hotel investment bankers, lenders and brokers; real estate and hotel general counsel and senior business executives; hotel asset managers and acquisition managers, and investment advisers; and other real estate or hotel advisers and consultants will benefit from attending this program.

Prerequisites: An interest or background in real estate practice with a transactional focus.

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.

Day One: 8:45 a.m. - 5:00 p.m.

8:45 OPENING REMARKS

Elliot L. Hurwitz



9:00 STATE OF THE MARKET AND PURCHASES, SALES AND CLOSING STATE OF THE MARKET
  • State of the market
  • Letters of intent
  • Purchaser perspective
    • Understanding the property
    • Entity structuring issues
    • Due diligence vs. going hard
    • Purchaser contingencies
  • Seller perspective
    • Tenant estoppel issues
    • Limits on surviving obligations
  • Entitlements and environmental issues: How they affect the deal
  • Closing the deal: Staying organized

Jonathan L. Mechanic, Janice Stanton



10:45 Networking Break

11:00 COMMERCIAL LEASING
  • Landlord perspective and goals
    • Financing
    • Sale
    • Operations
  • Tenant perspective and goals
    • Operations
    • Flexibility
    • Expenses
  • Key lease provisions
    • Rent
    • Operating expenses
    • Taxes
    • Incentives: Work allowance or free rent
    • Expansion/contraction
    • Renewal
    • Assignment and subletting
    • Indemnity and insurance
    • Subordination
    • Default and damages
  • Lawyer’s role in commercial leasing transaction

Jill Hayman, Ronald D. Sernau



12:30 Lunch

1:45 MORTGAGE FINANCING
  • Real estate financing transaction overview:   From loan application to closing and beyond, including managing the closing process 
  • Borrower and lender motivations / key concerns
  • Important terms and issues 
  • Legal opinions
  • Third-party deliverables and due diligence 
  • Specific types of financing 
  • Foreclosure and other remedies

Diana M. Brummer, Kevin M. Kelly, Carson M. Leonard



3:15 Networking Break

3:30 REAL ESTATE LITIGATION: A TOOLKIT FOR TRANSACTIONAL LAWYERS
  • Pre-litigation strategy
  • Litigating landlord/tenant, mortgage loan, and other real estate disputes
    • Finding the right forum; forum selection clauses
    • Similarities/differences from other litigation; special REIT considerations
  • Pre-litigation issues for attorneys
    • Mortgages
    • Examination of title
    • Existence of defaults
    • Default/acceleration notices
    • Post-acceleration practical tips
  • Pre-litigation issues for attorneys
    • Landlord/tenant
    • Acceptance of rent/waiver of default
  • Predicting outcomes/providing guidance to clients
  • The discovery process
    • Production
    • Privilege
    • Protective orders
    • Spoliation
  • Role of the transactional attorney in resolving real estate disputes
  • Tips to preserve and improve the attorney/client relationship during litigation

Mitchell D. Haddad, Menachem J. Kastner



5:00 Adjourn

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

9:00 JOINT VENTURES
  • Context for real estate joint ventures
  • Legal structures and governance
  • Capital obligations
  • Transfer of interests/disputes/exit rights
  • Duties and conflicts of interest

Kelly Galligan, Steven L. Wilner



10:15 Networking Break

10:30 ENVIRONMENTAL LAW IN REAL ESTATE TRANSACTIONS
  • Environmental due diligence and disclosure
  • Urban environmental issues (vapor intrusion, demolition, ambient hazards)
  • Key liability issues under federal and state laws
  • Other environmental issues (wetlands, stormwater, species, climate change, environmental justice)
  • Opportunities, pitfalls and strategies for brownfields
  • Baby NEPAs and land use/environmental nexus
  • Environmental covenants, representations, warranties and indemnities
  • Environmental insurance

Philip E. Karmel



11:45 CONSTRUCTION ISSUES
  • Selecting the proper delivery system
  • Update on standardized “form” documents
  • Critical risk-shifting provisions in construction contracts, including a discussion on dispute resolution clauses
  • Issues with inconsistent treatment across jurisdictions

Alexander F. Ferrini III



1:00 Lunch

2:15 THE IMPACT OF TAX REFORM ON COMMERCIAL REAL ESTATE
  • Overview of major tax changes affecting real estate
  • Pass-through deduction issues in real estate business
  • Excess business losses
  • Changes affecting REITs
  • How the interest deduction limitations affect real estate
  • Risk of bifurcation in Section 1031 exchanges

Stephen Millman



3:30 Networking Break

3:45 ETHICAL ISSUES FACING REAL ESTATE ATTORNEYS
  • Who is your client?
  • Conflicts and screening
    • Loyalty and confidentiality
    • Does your client own you forever?
  • Restaurant chatter…Technology and confidentiality
    • Cautionary tales from around the country
    • Talking about client matters in public spaces
    • What is "generally known"?
    • The risks of the latest technological tools
    • Using e-mail wisely
    • Does Facebook make you stupid?
    • Replying to online criticism
    Brave new world: Technology’s impact on the practice of law
    • Tracking software, spy tools, metadata, and more
    • Your online client....what could go wrong?
    • Bitcoins as legal fees?

Pery D. Krinsky



4:45 WRAP-UP: CONCLUDING COMMENTS

5:00 Adjourn

Chairperson(s)
Elliot L. Hurwitz ~ Chief Commercial Counsel, Chicago Title Insurance Company
Speaker(s)
Diana M. Brummer ~ Goodwin Procter LLP
Alexander Ferrini III ~ Olshan Frome Wolosky LLP
Kelly Galligan ~ Managing Director, Head of U.S. Commercial Real Estate Finance Legal, AIG Asset Management, AIG Global Real Estate Investment Corp.
Mitchell D. Haddad ~ Sills Cummis & Gross P.C.
Jill Hayman ~ Hunton Andrews Kurth
Philip E. Karmel ~ Bryan Cave Leighton Paisner LLP
Menachem J. Kastner ~ Cozen O'Connor
Kevin M. Kelly ~ Senior Finance Counsel, Simon Property Group Inc.
Pery D. Krinsky ~ Principal, Krinsky PLLC
Carson M. Leonard ~ Alston & Bird LLP
Jonathan L. Mechanic ~ Fried, Frank, Harris, Shriver & Jacobson LLP
Stephen Millman ~ Watson Farley & Williams LLP
Ronald D. Sernau ~ Proskauer Rose LLP
Janice Stanton ~ Executive Managing Director, Cushman & Wakefield
Steven L. Wilner ~ Cleary Gottlieb Steen & Hamilton 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:  All PLI products can fulfill Washington’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

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.

Alberta (CPD-ALBERTA):  All PLI products can fulfill Alberta’s CPD requirements. There is no limit to the number of credits an attorney can earn via PLI products.

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

Improving the skills of identifying, appreciating and weighing your client’s leverage in negotiating the commercial real estate fundamentals (rents, vacancy rates and development activity) will be the focus of the 2018 Commercial Real Estate Institute. Practitioners with this understanding will find it easier to achieve and maintain a viable real estate practice where their advice adds value. This program helps practicing attorneys enhance those abilities while performing the traditional transactional skills, and while developing workout and enforcement skills, so that they can help their clients take advantage of their leverage and regain any lost footing more quickly.

 

What You Will Learn

  • New! The impact of tax reform on the commercial real estate industry
  • Understanding real estate joint ventures
  • Maximizing your client’s leverage in negotiating purchases and sales, and closing complex commercial transactions, in the current environment
  • Identifying whether your lender is overly cautious and finding the right lending balance
  • How to avoid real estate litigation (from foreclosures to evictions) and knowing what to do when it is inevitable
  • Environmental issues affecting real estate deals
  • Taking advantage of the upside of greening leases and avoiding the downside

and much more practical advice from experienced attorneys in the nation’s leading law firms!

 

SPECIAL FEATURE

  • Earn one hour of Ethics credit!

Who Should Attend

Real estate attorneys; real estate and hotel investment bankers, lenders and brokers; real estate and hotel general counsel and senior business executives; hotel asset managers and acquisition managers, and investment advisers; and other real estate or hotel advisers and consultants will benefit from attending this program.

Program Level: Overview

Intended Audience: Real estate attorneys; real estate and hotel investment bankers, lenders and brokers; real estate and hotel general counsel and senior business executives; hotel asset managers and acquisition managers, and investment advisers; and other real estate or hotel advisers and consultants will benefit from attending this program.

Prerequisites: An interest or background in real estate practice with a transactional focus.

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.

Day One: 8:45 a.m. - 5:00 p.m.

8:45 OPENING REMARKS

Elliot L. Hurwitz



9:00 STATE OF THE MARKET AND PURCHASES, SALES AND CLOSING STATE OF THE MARKET
  • State of the market
  • Letters of intent
  • Purchaser perspective
    • Understanding the property
    • Entity structuring issues
    • Due diligence vs. going hard
    • Purchaser contingencies
  • Seller perspective
    • Tenant estoppel issues
    • Limits on surviving obligations
  • Entitlements and environmental issues: How they affect the deal
  • Closing the deal: Staying organized

Jonathan L. Mechanic, Janice Stanton



10:45 Networking Break

11:00 COMMERCIAL LEASING
  • Landlord perspective and goals
    • Financing
    • Sale
    • Operations
  • Tenant perspective and goals
    • Operations
    • Flexibility
    • Expenses
  • Key lease provisions
    • Rent
    • Operating expenses
    • Taxes
    • Incentives: Work allowance or free rent
    • Expansion/contraction
    • Renewal
    • Assignment and subletting
    • Indemnity and insurance
    • Subordination
    • Default and damages
  • Lawyer’s role in commercial leasing transaction

Jill Hayman, Ronald D. Sernau



12:30 Lunch

1:45 MORTGAGE FINANCING
  • Real estate financing transaction overview:   From loan application to closing and beyond, including managing the closing process 
  • Borrower and lender motivations / key concerns
  • Important terms and issues 
  • Legal opinions
  • Third-party deliverables and due diligence 
  • Specific types of financing 
  • Foreclosure and other remedies

Diana M. Brummer, Kevin M. Kelly, Carson M. Leonard



3:15 Networking Break

3:30 REAL ESTATE LITIGATION: A TOOLKIT FOR TRANSACTIONAL LAWYERS
  • Pre-litigation strategy
  • Litigating landlord/tenant, mortgage loan, and other real estate disputes
    • Finding the right forum; forum selection clauses
    • Similarities/differences from other litigation; special REIT considerations
  • Pre-litigation issues for attorneys
    • Mortgages
    • Examination of title
    • Existence of defaults
    • Default/acceleration notices
    • Post-acceleration practical tips
  • Pre-litigation issues for attorneys
    • Landlord/tenant
    • Acceptance of rent/waiver of default
  • Predicting outcomes/providing guidance to clients
  • The discovery process
    • Production
    • Privilege
    • Protective orders
    • Spoliation
  • Role of the transactional attorney in resolving real estate disputes
  • Tips to preserve and improve the attorney/client relationship during litigation

Mitchell D. Haddad, Menachem J. Kastner



5:00 Adjourn

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

9:00 JOINT VENTURES
  • Context for real estate joint ventures
  • Legal structures and governance
  • Capital obligations
  • Transfer of interests/disputes/exit rights
  • Duties and conflicts of interest

Kelly Galligan, Steven L. Wilner



10:15 Networking Break

10:30 ENVIRONMENTAL LAW IN REAL ESTATE TRANSACTIONS
  • Environmental due diligence and disclosure
  • Urban environmental issues (vapor intrusion, demolition, ambient hazards)
  • Key liability issues under federal and state laws
  • Other environmental issues (wetlands, stormwater, species, climate change, environmental justice)
  • Opportunities, pitfalls and strategies for brownfields
  • Baby NEPAs and land use/environmental nexus
  • Environmental covenants, representations, warranties and indemnities
  • Environmental insurance

Philip E. Karmel



11:45 CONSTRUCTION ISSUES
  • Selecting the proper delivery system
  • Update on standardized “form” documents
  • Critical risk-shifting provisions in construction contracts, including a discussion on dispute resolution clauses
  • Issues with inconsistent treatment across jurisdictions

Alexander F. Ferrini III



1:00 Lunch

2:15 THE IMPACT OF TAX REFORM ON COMMERCIAL REAL ESTATE
  • Overview of major tax changes affecting real estate
  • Pass-through deduction issues in real estate business
  • Excess business losses
  • Changes affecting REITs
  • How the interest deduction limitations affect real estate
  • Risk of bifurcation in Section 1031 exchanges

Stephen Millman



3:30 Networking Break

3:45 ETHICAL ISSUES FACING REAL ESTATE ATTORNEYS
  • Who is your client?
  • Conflicts and screening
    • Loyalty and confidentiality
    • Does your client own you forever?
  • Restaurant chatter…Technology and confidentiality
    • Cautionary tales from around the country
    • Talking about client matters in public spaces
    • What is "generally known"?
    • The risks of the latest technological tools
    • Using e-mail wisely
    • Does Facebook make you stupid?
    • Replying to online criticism
    Brave new world: Technology’s impact on the practice of law
    • Tracking software, spy tools, metadata, and more
    • Your online client....what could go wrong?
    • Bitcoins as legal fees?

Pery D. Krinsky



4:45 WRAP-UP: CONCLUDING COMMENTS

5:00 Adjourn

Chairperson(s)
Elliot L. Hurwitz ~ Chief Commercial Counsel, Chicago Title Insurance Company
Speaker(s)
Diana M. Brummer ~ Goodwin Procter LLP
Alexander Ferrini III ~ Olshan Frome Wolosky LLP
Kelly Galligan ~ Managing Director, Head of U.S. Commercial Real Estate Finance Legal, AIG Asset Management, AIG Global Real Estate Investment Corp.
Mitchell D. Haddad ~ Sills Cummis & Gross P.C.
Jill Hayman ~ Hunton Andrews Kurth
Philip E. Karmel ~ Bryan Cave Leighton Paisner LLP
Menachem J. Kastner ~ Cozen O'Connor
Kevin M. Kelly ~ Senior Finance Counsel, Simon Property Group Inc.
Pery D. Krinsky ~ Principal, Krinsky PLLC
Carson M. Leonard ~ Alston & Bird LLP
Jonathan L. Mechanic ~ Fried, Frank, Harris, Shriver & Jacobson LLP
Stephen Millman ~ Watson Farley & Williams LLP
Ronald D. Sernau ~ Proskauer Rose LLP
Janice Stanton ~ Executive Managing Director, Cushman & Wakefield
Steven L. Wilner ~ Cleary Gottlieb Steen & Hamilton 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:  All PLI products can fulfill Washington’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

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.

Alberta (CPD-ALBERTA):  All PLI products can fulfill Alberta’s CPD requirements. There is no limit to the number of credits an attorney can earn via PLI products.

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

Improving the skills of identifying, appreciating and weighing your client’s leverage in negotiating the commercial real estate fundamentals (rents, vacancy rates and development activity) will be the focus of the 2018 Commercial Real Estate Institute. Practitioners with this understanding will find it easier to achieve and maintain a viable real estate practice where their advice adds value. This program helps practicing attorneys enhance those abilities while performing the traditional transactional skills, and while developing workout and enforcement skills, so that they can help their clients take advantage of their leverage and regain any lost footing more quickly.

 

What You Will Learn

  • New! The impact of tax reform on the commercial real estate industry
  • Understanding real estate joint ventures
  • Maximizing your client’s leverage in negotiating purchases and sales, and closing complex commercial transactions, in the current environment
  • Identifying whether your lender is overly cautious and finding the right lending balance
  • How to avoid real estate litigation (from foreclosures to evictions) and knowing what to do when it is inevitable
  • Environmental issues affecting real estate deals
  • Taking advantage of the upside of greening leases and avoiding the downside

and much more practical advice from experienced attorneys in the nation’s leading law firms!

 

SPECIAL FEATURE

  • Earn one hour of Ethics credit!

Who Should Attend

Real estate attorneys; real estate and hotel investment bankers, lenders and brokers; real estate and hotel general counsel and senior business executives; hotel asset managers and acquisition managers, and investment advisers; and other real estate or hotel advisers and consultants will benefit from attending this program.

Program Level: Overview

Intended Audience: Real estate attorneys; real estate and hotel investment bankers, lenders and brokers; real estate and hotel general counsel and senior business executives; hotel asset managers and acquisition managers, and investment advisers; and other real estate or hotel advisers and consultants will benefit from attending this program.

Prerequisites: An interest or background in real estate practice with a transactional focus.

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.

Day One: 8:45 a.m. - 5:00 p.m.

8:45 OPENING REMARKS

Elliot L. Hurwitz



9:00 STATE OF THE MARKET AND PURCHASES, SALES AND CLOSING STATE OF THE MARKET
  • State of the market
  • Letters of intent
  • Purchaser perspective
    • Understanding the property
    • Entity structuring issues
    • Due diligence vs. going hard
    • Purchaser contingencies
  • Seller perspective
    • Tenant estoppel issues
    • Limits on surviving obligations
  • Entitlements and environmental issues: How they affect the deal
  • Closing the deal: Staying organized

Jonathan L. Mechanic, Janice Stanton



10:45 Networking Break

11:00 COMMERCIAL LEASING
  • Landlord perspective and goals
    • Financing
    • Sale
    • Operations
  • Tenant perspective and goals
    • Operations
    • Flexibility
    • Expenses
  • Key lease provisions
    • Rent
    • Operating expenses
    • Taxes
    • Incentives: Work allowance or free rent
    • Expansion/contraction
    • Renewal
    • Assignment and subletting
    • Indemnity and insurance
    • Subordination
    • Default and damages
  • Lawyer’s role in commercial leasing transaction

Jill Hayman, Ronald D. Sernau



12:30 Lunch

1:45 MORTGAGE FINANCING
  • Real estate financing transaction overview:   From loan application to closing and beyond, including managing the closing process 
  • Borrower and lender motivations / key concerns
  • Important terms and issues 
  • Legal opinions
  • Third-party deliverables and due diligence 
  • Specific types of financing 
  • Foreclosure and other remedies

Diana M. Brummer, Kevin M. Kelly, Carson M. Leonard



3:15 Networking Break

3:30 REAL ESTATE LITIGATION: A TOOLKIT FOR TRANSACTIONAL LAWYERS
  • Pre-litigation strategy
  • Litigating landlord/tenant, mortgage loan, and other real estate disputes
    • Finding the right forum; forum selection clauses
    • Similarities/differences from other litigation; special REIT considerations
  • Pre-litigation issues for attorneys
    • Mortgages
    • Examination of title
    • Existence of defaults
    • Default/acceleration notices
    • Post-acceleration practical tips
  • Pre-litigation issues for attorneys
    • Landlord/tenant
    • Acceptance of rent/waiver of default
  • Predicting outcomes/providing guidance to clients
  • The discovery process
    • Production
    • Privilege
    • Protective orders
    • Spoliation
  • Role of the transactional attorney in resolving real estate disputes
  • Tips to preserve and improve the attorney/client relationship during litigation

Mitchell D. Haddad, Menachem J. Kastner



5:00 Adjourn

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

9:00 JOINT VENTURES
  • Context for real estate joint ventures
  • Legal structures and governance
  • Capital obligations
  • Transfer of interests/disputes/exit rights
  • Duties and conflicts of interest

Kelly Galligan, Steven L. Wilner



10:15 Networking Break

10:30 ENVIRONMENTAL LAW IN REAL ESTATE TRANSACTIONS
  • Environmental due diligence and disclosure
  • Urban environmental issues (vapor intrusion, demolition, ambient hazards)
  • Key liability issues under federal and state laws
  • Other environmental issues (wetlands, stormwater, species, climate change, environmental justice)
  • Opportunities, pitfalls and strategies for brownfields
  • Baby NEPAs and land use/environmental nexus
  • Environmental covenants, representations, warranties and indemnities
  • Environmental insurance

Philip E. Karmel



11:45 CONSTRUCTION ISSUES
  • Selecting the proper delivery system
  • Update on standardized “form” documents
  • Critical risk-shifting provisions in construction contracts, including a discussion on dispute resolution clauses
  • Issues with inconsistent treatment across jurisdictions

Alexander F. Ferrini III



1:00 Lunch

2:15 THE IMPACT OF TAX REFORM ON COMMERCIAL REAL ESTATE
  • Overview of major tax changes affecting real estate
  • Pass-through deduction issues in real estate business
  • Excess business losses
  • Changes affecting REITs
  • How the interest deduction limitations affect real estate
  • Risk of bifurcation in Section 1031 exchanges

Stephen Millman



3:30 Networking Break

3:45 ETHICAL ISSUES FACING REAL ESTATE ATTORNEYS
  • Who is your client?
  • Conflicts and screening
    • Loyalty and confidentiality
    • Does your client own you forever?
  • Restaurant chatter…Technology and confidentiality
    • Cautionary tales from around the country
    • Talking about client matters in public spaces
    • What is "generally known"?
    • The risks of the latest technological tools
    • Using e-mail wisely
    • Does Facebook make you stupid?
    • Replying to online criticism
    Brave new world: Technology’s impact on the practice of law
    • Tracking software, spy tools, metadata, and more
    • Your online client....what could go wrong?
    • Bitcoins as legal fees?

Pery D. Krinsky



4:45 WRAP-UP: CONCLUDING COMMENTS

5:00 Adjourn

Chairperson(s)
Elliot L. Hurwitz ~ Chief Commercial Counsel, Chicago Title Insurance Company
Speaker(s)
Diana M. Brummer ~ Goodwin Procter LLP
Alexander Ferrini III ~ Olshan Frome Wolosky LLP
Kelly Galligan ~ Managing Director, Head of U.S. Commercial Real Estate Finance Legal, AIG Asset Management, AIG Global Real Estate Investment Corp.
Mitchell D. Haddad ~ Sills Cummis & Gross P.C.
Jill Hayman ~ Hunton Andrews Kurth
Philip E. Karmel ~ Bryan Cave Leighton Paisner LLP
Menachem J. Kastner ~ Cozen O'Connor
Kevin M. Kelly ~ Senior Finance Counsel, Simon Property Group Inc.
Pery D. Krinsky ~ Principal, Krinsky PLLC
Carson M. Leonard ~ Alston & Bird LLP
Jonathan L. Mechanic ~ Fried, Frank, Harris, Shriver & Jacobson LLP
Stephen Millman ~ Watson Farley & Williams LLP
Ronald D. Sernau ~ Proskauer Rose LLP
Janice Stanton ~ Executive Managing Director, Cushman & Wakefield
Steven L. Wilner ~ Cleary Gottlieb Steen & Hamilton 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:  All PLI products can fulfill Washington’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

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.

Alberta (CPD-ALBERTA):  All PLI products can fulfill Alberta’s CPD requirements. There is no limit to the number of credits an attorney can earn via PLI products.

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

Improving the skills of identifying, appreciating and weighing your client’s leverage in negotiating the commercial real estate fundamentals (rents, vacancy rates and development activity) will be the focus of the 2018 Commercial Real Estate Institute. Practitioners with this understanding will find it easier to achieve and maintain a viable real estate practice where their advice adds value. This program helps practicing attorneys enhance those abilities while performing the traditional transactional skills, and while developing workout and enforcement skills, so that they can help their clients take advantage of their leverage and regain any lost footing more quickly.

 

What You Will Learn

  • New! The impact of tax reform on the commercial real estate industry
  • Understanding real estate joint ventures
  • Maximizing your client’s leverage in negotiating purchases and sales, and closing complex commercial transactions, in the current environment
  • Identifying whether your lender is overly cautious and finding the right lending balance
  • How to avoid real estate litigation (from foreclosures to evictions) and knowing what to do when it is inevitable
  • Environmental issues affecting real estate deals
  • Taking advantage of the upside of greening leases and avoiding the downside

and much more practical advice from experienced attorneys in the nation’s leading law firms!

 

SPECIAL FEATURE

  • Earn one hour of Ethics credit!

Who Should Attend

Real estate attorneys; real estate and hotel investment bankers, lenders and brokers; real estate and hotel general counsel and senior business executives; hotel asset managers and acquisition managers, and investment advisers; and other real estate or hotel advisers and consultants will benefit from attending this program.

Program Level: Overview

Intended Audience: Real estate attorneys; real estate and hotel investment bankers, lenders and brokers; real estate and hotel general counsel and senior business executives; hotel asset managers and acquisition managers, and investment advisers; and other real estate or hotel advisers and consultants will benefit from attending this program.

Prerequisites: An interest or background in real estate practice with a transactional focus.

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.

Day One: 7:45 a.m. - 4:00 p.m.

7:45 OPENING REMARKS

Elliot L. Hurwitz



8:00 STATE OF THE MARKET AND PURCHASES, SALES AND CLOSING STATE OF THE MARKET
  • State of the market
  • Letters of intent
  • Purchaser perspective
    • Understanding the property
    • Entity structuring issues
    • Due diligence vs. going hard
    • Purchaser contingencies
  • Seller perspective
    • Tenant estoppel issues
    • Limits on surviving obligations
  • Entitlements and environmental issues: How they affect the deal
  • Closing the deal: Staying organized

Jonathan L. Mechanic, Janice Stanton



9:45 Networking Break

10:00 COMMERCIAL LEASING
  • Landlord perspective and goals
    • Financing
    • Sale
    • Operations
  • Tenant perspective and goals
    • Operations
    • Flexibility
    • Expenses
  • Key lease provisions
    • Rent
    • Operating expenses
    • Taxes
    • Incentives: Work allowance or free rent
    • Expansion/contraction
    • Renewal
    • Assignment and subletting
    • Indemnity and insurance
    • Subordination
    • Default and damages
  • Lawyer’s role in commercial leasing transaction

Jill Hayman, Ronald D. Sernau



11:30 Lunch

12:45 MORTGAGE FINANCING
  • Real estate financing transaction overview:   From loan application to closing and beyond, including managing the closing process 
  • Borrower and lender motivations / key concerns
  • Important terms and issues 
  • Legal opinions
  • Third-party deliverables and due diligence 
  • Specific types of financing 
  • Foreclosure and other remedies

Diana M. Brummer, Kevin M. Kelly, Carson M. Leonard



2:15 Networking Break

2:30 REAL ESTATE LITIGATION: A TOOLKIT FOR TRANSACTIONAL LAWYERS
  • Pre-litigation strategy
  • Litigating landlord/tenant, mortgage loan, and other real estate disputes
    • Finding the right forum; forum selection clauses
    • Similarities/differences from other litigation; special REIT considerations
  • Pre-litigation issues for attorneys
    • Mortgages
    • Examination of title
    • Existence of defaults
    • Default/acceleration notices
    • Post-acceleration practical tips
  • Pre-litigation issues for attorneys
    • Landlord/tenant
    • Acceptance of rent/waiver of default
  • Predicting outcomes/providing guidance to clients
  • The discovery process
    • Production
    • Privilege
    • Protective orders
    • Spoliation
  • Role of the transactional attorney in resolving real estate disputes
  • Tips to preserve and improve the attorney/client relationship during litigation

Mitchell D. Haddad, Menachem J. Kastner



4:00 Adjourn

Day Two: 8:00 a.m. - 4:00 p.m.

8:00 JOINT VENTURES
  • Context for real estate joint ventures
  • Legal structures and governance
  • Capital obligations
  • Transfer of interests/disputes/exit rights
  • Duties and conflicts of interest

Kelly Galligan, Steven L. Wilner



9:15 Networking Break

9:30 ENVIRONMENTAL LAW IN REAL ESTATE TRANSACTIONS
  • Environmental due diligence and disclosure
  • Urban environmental issues (vapor intrusion, demolition, ambient hazards)
  • Key liability issues under federal and state laws
  • Other environmental issues (wetlands, stormwater, species, climate change, environmental justice)
  • Opportunities, pitfalls and strategies for brownfields
  • Baby NEPAs and land use/environmental nexus
  • Environmental covenants, representations, warranties and indemnities
  • Environmental insurance

Philip E. Karmel



10:45 CONSTRUCTION ISSUES
  • Selecting the proper delivery system
  • Update on standardized “form” documents
  • Critical risk-shifting provisions in construction contracts, including a discussion on dispute resolution clauses
  • Issues with inconsistent treatment across jurisdictions

Alexander F. Ferrini III



12:00 Lunch

1:15 THE IMPACT OF TAX REFORM ON COMMERCIAL REAL ESTATE
  • Overview of major tax changes affecting real estate
  • Pass-through deduction issues in real estate business
  • Excess business losses
  • Changes affecting REITs
  • How the interest deduction limitations affect real estate
  • Risk of bifurcation in Section 1031 exchanges

Stephen Millman



2:30 Networking Break

2:45 ETHICAL ISSUES FACING REAL ESTATE ATTORNEYS
  • Who is your client?
  • Conflicts and screening
    • Loyalty and confidentiality
    • Does your client own you forever?
  • Restaurant chatter…Technology and confidentiality
    • Cautionary tales from around the country
    • Talking about client matters in public spaces
    • What is "generally known"?
    • The risks of the latest technological tools
    • Using e-mail wisely
    • Does Facebook make you stupid?
    • Replying to online criticism
    Brave new world: Technology’s impact on the practice of law
    • Tracking software, spy tools, metadata, and more
    • Your online client....what could go wrong?
    • Bitcoins as legal fees?

Pery D. Krinsky



3:45 WRAP-UP: CONCLUDING COMMENTS

4:00 Adjourn

Chairperson(s)
Elliot L. Hurwitz ~ Chief Commercial Counsel, Chicago Title Insurance Company
Speaker(s)
Diana M. Brummer ~ Goodwin Procter LLP
Alexander Ferrini III ~ Olshan Frome Wolosky LLP
Kelly Galligan ~ Managing Director, Head of U.S. Commercial Real Estate Finance Legal, AIG Asset Management, AIG Global Real Estate Investment Corp.
Mitchell D. Haddad ~ Sills Cummis & Gross P.C.
Jill Hayman ~ Hunton Andrews Kurth
Philip E. Karmel ~ Bryan Cave Leighton Paisner LLP
Menachem J. Kastner ~ Cozen O'Connor
Kevin M. Kelly ~ Senior Finance Counsel, Simon Property Group Inc.
Pery D. Krinsky ~ Principal, Krinsky PLLC
Carson M. Leonard ~ Alston & Bird LLP
Jonathan L. Mechanic ~ Fried, Frank, Harris, Shriver & Jacobson LLP
Stephen Millman ~ Watson Farley & Williams LLP
Ronald D. Sernau ~ Proskauer Rose LLP
Janice Stanton ~ Executive Managing Director, Cushman & Wakefield
Steven L. Wilner ~ Cleary Gottlieb Steen & Hamilton 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:  All PLI products can fulfill Washington’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

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.

Alberta (CPD-ALBERTA):  All PLI products can fulfill Alberta’s CPD requirements. There is no limit to the number of credits an attorney can earn via PLI products.

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.

 

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