On-Demand   On-Demand Web Programs

Negotiating Commercial Leases 2017

Released on: Mar. 9, 2017
Running Time: 12:05:24

Leases, known as the building blocks of value for all real estate, are a primary business asset, but also contain landmines of liability and opportunities for malpractice and mistake of the parties. If written poorly, negotiated by inexperienced counsel or administered without expertise, they can be the downfall of an otherwise sound real estate investment and generate considerable material litigation as well as malpractice actions. From the tenant’s perspective, lack of attention or in-depth knowledge can impair operations, increase costs, add operational or financial risk, and possibly limit growth. For those drafting and negotiating for landlords and owners, mistakes can cost considerable amounts and if in property typical forms, can impair ownership of the asset. This course should be a priority for anyone representing users or occupiers of space, or owners as investors in real estate. There’s no disputing the importance of intimately knowing the lease as a multidimensional financial tool, hell or high-water financial instrument, and contract of limitations and regulations. This program will help you to feel truly competent to negotiate these lengthy and sophisticated instruments, along with spotting the hidden costs, risk shifting and common law demising. Your client is depending on you to help preserve their investment in today’s world. The program will cover “what’s hot and what’s not,” and help you stay on the “cutting edge” of current market negotiations. With the changing market, and rise of cleverly drafted leases, learning how to stay a step ahead and fine-tune your skills, techniques and strategies is certainly a wise investment of your time.

You will learn:

  • Long-term development and ground lease trends
  • Increasing numbers of disputes and litigation in “grossing up” drafting and interpretation
  • Current administration equitable conversion and rental losses and risks of loss during elongated executory intervals
  • Current negotiation strategies, market tricks, and advice and custom for avoiding common traps with “turnkey” and “build to suit” versus hidden costs for the construction or work allowance
  • Examine alternative financial strategies for securing the landlord’s performance and security for owner cash flow obligations under large lease work letters and tenant improvement allowances
  • Identifying traps that increase tenant alterations costs – from the hidden to the obvious
  • Default remedies, and complex real estate issues in arbitration versus litigation
  • Re-emergence of the “takeover lease” — papering the risk and securing performance, and the good guy guaranty games
  • Encountering the usufruct vs. lease for term of years and alienation risks

Special Feature:

  • Earn one hour of Ethics credit



Landlords, developers, real estate investment advisers, lenders and anyone else in the commercial real estate leasing field, and other allied professionals, including certified public accountants, retail facilities directors, real estate brokers, commercial property managers, property fund managers, government regulators/ service providers, lease cost compliance professionals and REIT investors will benefit from this program.



Lecture Topics [Total time 12:05:24]

Segments with an asterisk (*) are available only with the purchase of the entire program.


  • Introduction* [00:02:30]
  • Changing Lease Forms and Negotiating Tactics in the New Improving Economy [01:05:38]
    Michael E. Meyer, Gerald R. Uram, John Busey Wood
  • Unanticipated Limitations in Long-Term Planning and Lease Restructuring [01:31:12]
    Nancy Ann Connery, Michael E. Meyer, John Busey Wood
  • Fundamentals of Structuring for Buildability and Financing [01:14:58]
    John Busey Wood, Meyer Last, Gerald R. Uram
  • Hot Topics for Dealing with Long Term Lease Structures, Audits and Credit Support [00:59:18]
    Alfred Erdmann, John Busey Wood, Nicola M. Heryet, Marc E. Betesh
  • Ethical Gaps, Mishaps and Traps in Real Estate Practice [01:00:00]
    Robert J. Bergson, Michael E. Meyer
  • Building Today’s Tenant Improvements – Interrelationship of Commencement Date and Work Letter [01:45:46]
    Michael E. Meyer, John Busey Wood, Nancy N. Kennerly
  • Complex Real Estate Issues: Arbitration vs. Litigation [01:09:16]
    Michael E. Meyer, Michael A. Marra, Elizabeth J. Shampnoi, John Busey Wood
  • Dealing with Large Hidden “Big Ticket” Items [00:58:45]
    Michael E. Meyer, John Busey Wood
  • Hot Issues in Retail Leasing in the Current Environment [01:16:25]
    Ruth A. Schoenmeyer, Linda R. Herman
  • Issues Surrounding Insurance and Damage and Destruction [01:01:37]
    Alan M. Di Sciullo, James A. Fenniman, Meg Errickson

The purchase price of this Web Program includes the following articles from the Course Handbook available online:


  • COMPLETE COURSE HANDBOOK
  • How to Structure and Negotiate the Commencement Date and the Work Letter
    Michael E. Meyer
  • Fifteen Pragmatic and Practical Tips for Negotiation of Small Leases
    Michael E. Meyer
  • Must a Commercial Landlord Act Reasonably When Responding to a Request by a Tenant under a Lease to Assign or Sublet?
    John Busey Wood
  • Supplement to: Must a Commercial Landlord Act Reasonably When Responding to a Request by a Tenant under a Lease to Assign or Sublet?
    John Busey Wood
  • Stanley E. Ginsberg and John Busey Wood, Presentation on Cash Flow and Tax Structuring of Leases
    John Busey Wood
  • Excerpts from Navigating the Dangerous Shoals of a Commercial Lease
    John Busey Wood
  • Basic Leasing Fundamentals: Theft by Lease Provisions
    John Busey Wood
  • Agreement of Sublease
    John Busey Wood
  • Lease Exit, Strategy and Marketability
    John Busey Wood
  • Form of Improvable, Buildable and Financeable Ground Lease with Imbedded Base Building Core and Shell Rehab Loan from Lessee to Lessor with Amortization against Rentals—Case Study
    John Busey Wood
  • Anatomy of a Good Guy Guaranty
    John Busey Wood
  • New Lease Accounting Standard on the Horizon
    Alfred Erdmann
  • Negotiating Today’s Tenants’ Options: Fair Market Rental Rate; Option to Renew; Option to Expand; Right of First Offer; Etc.
    Michael E. Meyer
  • Hot Topics for Dealing with Long Term Lease Structures, Audits and Audit Rights and Credit Support
    John Busey Wood
  • PLI Ethics Engagement Hot Topics Issues
    John Busey Wood
  • Scope of Services in Engagement Process
    John Busey Wood
  • New York State Bar Association, Committee on Professional Ethics: Opinion 621–4/18/91
    John Busey Wood
  • New York State Bar Association, Committee on Professional Ethics: Opinion 738 –4/16/01
    John Busey Wood
  • The Association of the Bar of the City of New York Committee on Professional and Judicial Ethics — Formal Opinion 2008-1: A Lawyer’s Ethical Obligations to Retain and to Provide a Client with Electronic Documents Relating to a Representation
    John Busey Wood
  • Requests for Proposals and Letters of Intent—When and How to Use
    Michael E. Meyer
  • Mixed Use Property: Retail / Office / Residential (Chart)
    John Busey Wood
  • Saga of Superior Interests: Article 27—Subordination
    John Busey Wood
  • International Dispute Resolution Procedures (Including Mediation and Arbitration Rules)
    Michael A. Marra
  • Press Release: American Arbitration Association Launches Online Clause Building Tool (December 4, 2012)
    Michael A. Marra
  • Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes)
    Michael A. Marra
  • Drafting Dispute Resolution Clauses: A Practical Guide (September 1, 2007)
    Michael A. Marra
  • Susanna Fodor and Steven C. Bennett, Arbitrating Commercial Real Estate Lease Disputes
    Michael A. Marra
  • Rona G. Shamoon, Top 10 Mistakes to Avoid When Drafting Dispute Resolution Provisions
    Michael A. Marra
  • The Promise of the Process: Ways to Capture the Promised Benefits of Arbitration
    Elizabeth J. Shampnoi
  • Drafting Arbitration Clauses: Practical Considerations for In-House Counsel
    Elizabeth J. Shampnoi
  • Neil Steinkamp, Elizabeth J. Shampnoi and Robert Levine, Dollars and Common Sense—Understanding Reasonable Certainty in International Arbitration
    Elizabeth J. Shampnoi
  • Utilizing Damages Experts to Make for a Successful Mediation
    Elizabeth J. Shampnoi
  • Audit Rights and Operating Expenses: Protecting Both the Landlord and the Tenant—Proper Inclusions and Exclusions—Doing the Gross-Up Correctly
    Michael E. Meyer
  • Hidden Operating Costs from Rentable Re-Measurements
    John Busey Wood
  • Substandard Service Specifications/Costs
    John Busey Wood
  • Hidden Commencement Date Costs
    John Busey Wood
  • Ruth Schoenmeyer and Robert A. Karin, Retail Leasing: Special Concerns
    Ruth A. Schoenmeyer
  • Proforma Offer Letter
    John Busey Wood
  • Standard Term Letter Concepts
    John Busey Wood
  • Additional Financial Terms for Mixed Use Building or Retail Properties
    John Busey Wood
  • Casualty and Insurance, Chapter 25, Negotiating and Drafting Office Leases
    John Busey Wood, Alan M. Di Sciullo
  • Casualty and Insurance Issues in Commercial Leases (2016) (PowerPoint slides)
    Alan M. Di Sciullo

Presentation Material


  • Renewals and Options
    John Busey Wood
  • GAAP Reporting: New Accounting for Long-term Leases -- Are You Ready?
    Alfred Erdmann
  • Complex Real Estate Issues: Cost Effective and Timely Dispute Resolution Alternatives
    Michael A. Marra, Elizabeth J. Shampnoi
  • Casualty and Insurance Issues in Commercial Leases
    Alan M. Di Sciullo
Co-Chair(s)
Michael E. Meyer ~ DLA Piper LLP (US)
John Busey Wood ~ Akerman LLP
Speaker(s)
Robert J. Bergson ~ Abrams Garfinkel Margolis Bergson, LLP
Marc E. Betesh ~ President, KBA Lease Services / Visual Lease
Nancy Ann Connery ~ Schoeman Updike Kaufman & Gerber LLP
Alan M. Di Sciullo ~ Shearman & Sterling LLP
Alfred Erdmann ~ WithumSmith+Brown, PC
Meg Errickson ~ Vice President, Regional Claims Manager - North, Wells Fargo Insurance Services USA, Inc
James A. Fenniman ~ Area Executive Vice President, Construction Practice Senior Director, Gallagher
Linda R. Herman ~ Haynes and Boone, LLP
Nicola M. Heryet ~ Avison Young
Nancy N. Kennerly ~ Kennerly Lamishaw & Rossi LLP
Meyer Last ~ Fried Frank Harris Shriver & Jacobson LLP
Michael A. Marra ~ Vice President, American Arbitration Association
Ruth A. Schoenmeyer ~ Pircher, Nichols & Meeks LLP
Elizabeth J. Shampnoi ~ President/CEO, Shampnoi Dispute Resolution & Management Services, Inc.
Gerald R. Uram ~ Davis & Gilbert LLP
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.


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Mississippi:  PLI’s on-demand web programs qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

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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 on-demand web programs can be used to fulfill the requirements for New York newly admitted attorneys. Only professional practice and law practice management credits may be earned via transitional on-demand web programs. Ethics and skills credits may not be earned via on-demand web programs.

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

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Rhode Island:  PLI’s on-demand web programs qualify as “on-demand” credit. Attorneys are limited to 3 on-demand credits per reporting period.

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

Tennessee:  PLI’s on-demand web programs qualify as “distance learning” credit. Attorneys are limited to 8 credits of distance learning per reporting period.

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

Vermont:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 10 credits of self-study per reporting period.

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 on-demand web programs qualify as “pre-recorded” credit. Attorneys are limited to 8 credits of pre-recorded programs per reporting period.

Washington:  PLI’s on-demand web programs qualify as “A/V” credit. Attorneys are limited to 22.5 credits of A/V programs per reporting period.

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Wisconsin:  PLI’s on-demand web programs qualify as “repeated, on-demand” credit. Attorneys are limited to 15 credits of repeated, on-demand programs per reporting period. No ethics credits can be earned via on-demand web programs.

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HR Recertification (HRCI):  PLI’s on-demand web programs may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s on-demand web programs qualify as "self-paced" credit. SHRM professionals are limited to 30 credits of self-paced programs per recertification period.

Compliance Certification Board (CCB):  PLI’s on-demand web programs qualify as “self-study” credit. Candidates are limited to 10 self-study credits per 12-month period, and certification holders are limited to 20 self-study credits per 2-year renewal period.

Certified Anti-Money Laundering Specialists Certification (CAMS):  PLI’s on-demand web programs are not approved for CAMS credit.

New York State Social Worker Continuing Education (SW CPE):  PLI’s on-demand web programs are not approved for SW CPE credit.

American Bankers Association Professional Certification (ABA):  PLI’s on-demand web programs may fulfill ABA credit requirements.

 

Related Items

Live Programs  Live Programs

Negotiating Commercial Leases 2018 (New York, NY) Mar. 1 - 2, 2018

Handbook  Course Handbook Archive

Negotiating Commercial Leases 2018  
Negotiating Commercial Leases 2017 Michael E Meyer, DLA Piper LLP (US)
John Busey Wood, Akerman LLP
 
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