Course1

Easements in Real Estate

$65.00

Easements are nonpossessory rights to use a third party’s property.  They can be conveyed by deed or contract and may have a significant impact on the underlying property. When valid and enforceable, easements may have a major impact on the use of property, its development and ultimately the value of the underlying property. It isvery important to timely identify easements in diligence, value them, and perhaps obtain their termination or release. If your client depends on an easement, ensuring that they are properly drafted and filed, and are enforceable are essential.  This program will provide you with a real-world guide to easements in real estate transactions, including their types, how they are created and released, or enforced in transactions.   Types of easements – prescriptive, appurtenant, in gross, mortgage-related, estoppel, necessity and quasi-easements How they are used in real estate transactions – which are best for your client? Due diligence in transactions – identifying and valuing easements Creation of easements – drafting essential terms and filing for maximum enforcement Enforcement – methods and measure of damages Termination and release – effective drafting to eliminate easements   Speaker: John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law.

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  • 60
    Minutes
  • 8/19/2023
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Course1

Unwinding a Commercial Real Estate Transaction Gone Bad, Part 2

$65.00

When a real estate project goes bad for whatever reason – sales are slow or at prices below projections, leasing is slow, or there are extensive cost-overruns or regulatory delays – developers, investors, lenders, and others are left scrambling to restructure the project and salvage any value or at least limit losses.This often involves restructuring or possibly refinancing a loan.  It may also involve additional equity.  Another option is selling the project, if possible.  These processes can be complicated by the nature of the investors and lenders involved.  This program will provide you with a practical guide to restructuring troubled real estate projects.    Day 1: Practical strategies for unwinding real estate deals outside of bankruptcy or litigation Negotiating, structuring and drafting the restructuring of failed real estate projects Underlying economics and tradeoffs of real estate restructuring Types of sellers and their impact on restructuring – individual owner, institutional, joint venture, private equity Complications and limitations involving syndicated loans, CMBS loans, and REMICs Navigating seller issues – personal guaranties, ongoing management fees, upside participation, reputation   Day 2: Restructuring alternatives, including straight purchases, “Loan to Own,” rescue capital/preferred stock/securities Drafting forbearance and loan modification agreements Receivership of distressed properties and planning to emerge from receivership “Loan to own” strategies and limitations Tax issues, including cancellation of indebtedness and restructuring recourse indebtedness Potential loss of valuable tax attributes and tax planning opportunities   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  He speaks extensively on real estate topics nationally.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.

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  • 60
    Minutes
  • 7/29/2023
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Course1

Unwinding a Commercial Real Estate Transaction Gone Bad, Part 1

$65.00

  When a real estate project goes bad for whatever reason – sales are slow or at prices below projections, leasing is slow, or there are extensive cost-overruns or regulatory delays – developers, investors, lenders, and others are left scrambling to restructure the project and salvage any value or at least limit losses.This often involves restructuring or possibly refinancing a loan.  It may also involve additional equity.  Another option is selling the project, if possible.  These processes can be complicated by the nature of the investors and lenders involved.  This program will provide you with a practical guide to restructuring troubled real estate projects.    Day 1: Practical strategies for unwinding real estate deals outside of bankruptcy or litigation Negotiating, structuring and drafting the restructuring of failed real estate projects Underlying economics and tradeoffs of real estate restructuring Types of sellers and their impact on restructuring – individual owner, institutional, joint venture, private equity Complications and limitations involving syndicated loans, CMBS loans, and REMICs Navigating seller issues – personal guaranties, ongoing management fees, upside participation, reputation   Day 2: Restructuring alternatives, including straight purchases, “Loan to Own,” rescue capital/preferred stock/securities Drafting forbearance and loan modification agreements Receivership of distressed properties and planning to emerge from receivership “Loan to own” strategies and limitations Tax issues, including cancellation of indebtedness and restructuring recourse indebtedness Potential loss of valuable tax attributes and tax planning opportunities   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  He speaks extensively on real estate topics nationally.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.    

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  • 60
    Minutes
  • 7/28/2023
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Course1

Trust & Estate Planning for Real Estate, Part 2

$65.00

Trust and estate planning for real estate and real estate entrepreneurs is full of special challenges.  Real estate is illiquid, its value can swing wildly, and it can be difficult to value.  Commercial real estate may be owned in an LLC and subject to complex contractual relationships that make transferring it difficult.  There are also the challenges of transferring a unique family property – a personal residence, or family vacation property, a farm or ranch. This program will provide you a detailed guide to trust and estate planning for real property assets and for real estate entrepreneurs.   Day 1: Planning opportunities and challenges for real estate and real estate entrepreneurs Planning for lifetime giving of fractional interests in real estate Asset protection techniques for real estate assets Issues related to restructured real estate assets Planning for family properties – QPRTs, SERTs, and LLC techniques   Day 2: Unique challenges of planning for liquidity with illiquid assets Valuation discount issues and planning in a rising but volatile market Value freezing techniques using LLCs Grantor Retained Annuity Trust (GRAT), sales to defective grantor trusts, and sales of self-cancelling installment notes Charitable giving techniques for real estate   Speakers: Missia H. Vaselaney is a partner in the Cleveland office of Taft, Stettinius & Hollister, LLP, where her practice focuses on estate planning for individuals and businesses.  She also represents clients before federal and state taxing authorities.  Ms. Vaselaney is a member of the American Institute of Certified Public Accountants and has been a member of the Steering Committee for AICPA’s National Advanced Estate Planning Conference since 2001.  Ms. Vaselaney received her B.A. from the University of Dayton and her J.D. from the Cleveland-Marshall College of Law. Michael Sneeringer an attorney in the Naples, Florida office of Porter Wright Morris & Arthur LLP, where his practice focuses on trust and estate planning, probate administration, asset protection planning, and tax law. He has served as vice chair of the asset protection planning committee of the ABA’s Real Property, Trust and Estate Section and is an official reporter of the Heckerling Institute.  Mr. Sneeringer received his B.A. from Washington & Jefferson College, his J.D., cum laude, St. Thomas University School of Law, and his LL.M. from the University of Miami School of Law.

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  • 60
    Minutes
  • 7/15/2023
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Course1

Trust & Estate Planning for Real Estate, Part 1

$65.00

Trust and estate planning for real estate and real estate entrepreneurs is full of special challenges.  Real estate is illiquid, its value can swing wildly, and it can be difficult to value.  Commercial real estate may be owned in an LLC and subject to complex contractual relationships that make transferring it difficult.  There are also the challenges of transferring a unique family property – a personal residence, or family vacation property, a farm or ranch. This program will provide you a detailed guide to trust and estate planning for real property assets and for real estate entrepreneurs.   Day 1: Planning opportunities and challenges for real estate and real estate entrepreneurs Planning for lifetime giving of fractional interests in real estate Asset protection techniques for real estate assets Issues related to restructured real estate assets Planning for family properties – QPRTs, SERTs, and LLC techniques   Day 2: Unique challenges of planning for liquidity with illiquid assets Valuation discount issues and planning in a rising but volatile market Value freezing techniques using LLCs Grantor Retained Annuity Trust (GRAT), sales to defective grantor trusts, and sales of self-cancelling installment notes Charitable giving techniques for real estate   Speakers: Missia H. Vaselaney is a partner in the Cleveland office of Taft, Stettinius & Hollister, LLP, where her practice focuses on estate planning for individuals and businesses.  She also represents clients before federal and state taxing authorities.  Ms. Vaselaney is a member of the American Institute of Certified Public Accountants and has been a member of the Steering Committee for AICPA’s National Advanced Estate Planning Conference since 2001.  Ms. Vaselaney received her B.A. from the University of Dayton and her J.D. from the Cleveland-Marshall College of Law. Michael Sneeringer an attorney in the Naples, Florida office of Porter Wright Morris & Arthur LLP, where his practice focuses on trust and estate planning, probate administration, asset protection planning, and tax law. He has served as vice chair of the asset protection planning committee of the ABA’s Real Property, Trust and Estate Section and is an official reporter of the Heckerling Institute.  Mr. Sneeringer received his B.A. from Washington & Jefferson College, his J.D., cum laude, St. Thomas University School of Law, and his LL.M. from the University of Miami School of Law.

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  • 60
    Minutes
  • 7/14/2023
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Course1

Buying and Selling Commercial Real Estate, Part 2

$65.00

Buying and selling commercial real estate is a lengthy and complex undertaking from diligence and letters of intent to mortgage agreements and, ultimately, the underlying purchase and sale agreement. Reps and warranties have become more extensive and exacting in detail. Financing contingencies have become lengthy and complex. Due diligence has become lengthier, more invasive and costlier – or barely permitted at all, in particularly “hot” markets.  Managing all these elements is demanding.  This program will provide you a practical guide to the transactional cycle of buying and selling commercial real estate.   Day 1: Planning the process – letters of intent, negotiations, closing process Due diligence depending on the type of deal – title, environmental, finance issu Understanding the minefield of seller’s reps and warranties Buyer and seller’s covenants in a volatile market Deposits of money   Day 2: Issues for income producing properties, multiple family properties, and distressed properties Finance issues in operative agreements, including finance contingencies, and working with commercial lenders Conditions to closing and reducing the risk of not closing Post-closing issues, baskets, escrow and contingencies Bankruptcy issues in operative agreements   Speakers: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School. John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law. Richard R. Goldberg is a retired partner, resident in the Philadelphia office of Ballard Spahr, LLP, where he established an extensive real estate practice, including development, financing, leasing, and acquisition.  Earlier in his career, he served as vice president and associate general counsel of The Rouse Company for 23 years.  He is past president of the American College of Real Estate Lawyers, past chair of the Anglo-American Real Property Institute, and past chair of the International Council of Shopping Centers Law Conference.  Mr. Goldberg is currently a Fellow of the American College of Mortgage Attorneys and is a member of the American Law Institute.  Mr. Goldberg received his B.A. from Pennsylvania State University and his LL.B. from the University of Maryland School of Law.

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  • 60
    Minutes
  • 6/17/2023
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Course1

Buying and Selling Commercial Real Estate, Part 1

$65.00

Buying and selling commercial real estate is a lengthy and complex undertaking from diligence and letters of intent to mortgage agreements and, ultimately, the underlying purchase and sale agreement. Reps and warranties have become more extensive and exacting in detail. Financing contingencies have become lengthy and complex. Due diligence has become lengthier, more invasive and costlier – or barely permitted at all, in particularly “hot” markets.  Managing all these elements is demanding.  This program will provide you a practical guide to the transactional cycle of buying and selling commercial real estate.   Day 1: Planning the process – letters of intent, negotiations, closing process Due diligence depending on the type of deal – title, environmental, finance issu Understanding the minefield of seller’s reps and warranties Buyer and seller’s covenants in a volatile market Deposits of money   Day 2: Issues for income producing properties, multiple family properties, and distressed properties Finance issues in operative agreements, including finance contingencies, and working with commercial lenders Conditions to closing and reducing the risk of not closing Post-closing issues, baskets, escrow and contingencies Bankruptcy issues in operative agreements   Speakers: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School. John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law. Richard R. Goldberg is a retired partner, resident in the Philadelphia office of Ballard Spahr, LLP, where he established an extensive real estate practice, including development, financing, leasing, and acquisition.  Earlier in his career, he served as vice president and associate general counsel of The Rouse Company for 23 years.  He is past president of the American College of Real Estate Lawyers, past chair of the Anglo-American Real Property Institute, and past chair of the International Council of Shopping Centers Law Conference.  Mr. Goldberg is currently a Fellow of the American College of Mortgage Attorneys and is a member of the American Law Institute.  Mr. Goldberg received his B.A. from Pennsylvania State University and his LL.B. from the University of Maryland School of Law.

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  • 60
    Minutes
  • 6/16/2023
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Course1

Appraisals in Commercial Real Estate Finance & Development

$65.00

Appraisals are part and parcel of every major realistic transaction.  Lenders will not loan without an appraisal.  Loan-to-value ratios are measured against the appraisal.  Investors will not invest without an appraisal.Appraisals are not set-piece documents, however; they involve a multiplicity of valuation metrics and different appraisers looking at the same property can and do generate widely varying valuations.  Because of their centrality to real estate transactions, understanding their structure and content is essential.  This program will provide you with a real-world guide to how appraisals are prepared and used in commercial real estate, their traps, and how they are incorporated into transactional documents.   Use of appraisals in obtaining funding for development projects and acquisitions Ensuring appraisals are prepared according to standards – and fraud risks if they are not Integrating appraisals in underlying operative documents What lawyers should look for in appraisals provided to clients – and how to spot red flags   Speakers: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School. Richard R. Goldberg is a retired partner, resident in the Philadelphia office of Ballard Spahr, LLP, where he established an extensive real estate practice, including development, financing, leasing, and acquisition.  Earlier in his career, he served as vice president and associate general counsel of The Rouse Company for 23 years.  He is past president of the American College of Real Estate Lawyers, past chair of the Anglo-American Real Property Institute, and past chair of the International Council of Shopping Centers Law Conference.  Mr. Goldberg is currently a Fellow of the American College of Mortgage Attorneys and is a member of the American Law Institute.  Mr. Goldberg received his B.A. from Pennsylvania State University and his LL.B. from the University of Maryland School of Law.

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  • 60
    Minutes
  • 4/7/2023
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Course1

Mother Nature & Leases: Drafting Issues to Protect Against Storm & Other Damage

$65.00

As extreme weather becomes more common, landlords and tenants are spending more time with overlooked lease provisions on weather-related damage.  When a weather or other “Act of God” event occurs, the tenants often have a wider array of remedies, including sometimes termination of the lease, and landlord’s see their risk (and thereby their costs) increase substantially.  As the probability of these events become less than trivial, it’s important reassess whether “boiler-plate” provisions still make economic and risk-management sense. This program will provide you with a real-world guide to drafting and reviewing weather-related and other force majeure provisions in commercial leases.   Intricacies of force majeure clauses in leases Termination rights – triggers for landlords and tenants Economic concessions – rent abatement and other financial considerations Duty of landlord to restore, rights of tenant to access property & construction issues Practical, timely and cost-effective assertion of rights   Speaker: Richard R. Goldberg is a retired partner, resident in the Philadelphia office of Ballard Spahr, LLP, where he established an extensive real estate practice, including development, financing, leasing, and acquisition.  Earlier in his career, he served as vice president and associate general counsel of The Rouse Company for 23 years.  He is past president of the American College of Real Estate Lawyers, past chair of the Anglo-American Real Property Institute, and past chair of the International Council of Shopping Centers Law Conference.  Mr. Goldberg is currently a Fellow of the American College of Mortgage Attorneys and is a member of the American Law Institute.  Mr. Goldberg received his B.A. from Pennsylvania State University and his LL.B. from the University of Maryland School of Law.

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  • 60
    Minutes
  • 3/24/2023
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Drafting Guarantees in Real Estate Transactions

$65.00

Guarantees undergird most real estate transactions.  Lenders, investors and others are often unwilling or unable to finance or otherwise support a real estate transaction without certain substantial guarantees.  These guarantees may concern repayment of loan proceeds or performance of other services – construction, maintenance and waste prevention, environmental indemnity, etc.  The scope of guarantees is highly negotiated, particularly whether the guarantee is recourse or non-recourse and the scope of carve-outs from the guarantees. This program will provide you with a practical guide to negotiating and drafting guarantees in real estate transactions.    Types of guarantees – payment, performance, collection, completion Essential elements of a guarantee – consideration, scope, carve-outs, waivers Guarantees for property maintenance/no waste, environmental indemnity and other non-financial concerns Carve-outs – full v. partial, fraud, misappropriation, misapplication, failure to maintain, insurance, and more Guarantees of construction loans   Speaker: John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law.

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  • 60
    Minutes
  • 2/24/2023
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Due Diligence in Real Estate: How to Conduct and Use

$65.00

  This program will provide you with a real world guide to due diligence in real estate transactions – what information you need, where to get it, and the timeframes involved – depending on the type of transaction involved.  The relationship between the duration and depth of due diligence and the state of the market – how “hot” markets involve more risk because sellers or othersare reluctant to give lengthy diligence periods – will be discussed.  The program will also discuss using information obtained in diligence to draft specific reps and warranties. This program will provide you with a real-world guide to planning due diligence in real estate transaction – essential information to obtain depending on the transaction involved and how to tie that information the transaction’s reps and warranties.   Relationship between diligence and market conditions – willingness of sellers to cooperate or not Using diligence to draft specific reps and warranties Service contracts, condominium HOAs, and other contracts Review of leases, rent rolls, and financial statements Title work – liens and other encumbrances Zoning, regulatory and tax issues Notices of new or special tax assessments   Speaker: Richard R. Goldberg is a retired partner, resident in the Philadelphia office of Ballard Spahr, LLP, where he established an extensive real estate practice, including development, financing, leasing, and acquisition.  Earlier in his career, he served as vice president and associate general counsel of The Rouse Company for 23 years.  He is past president of the American College of Real Estate Lawyers, past chair of the Anglo-American Real Property Institute, and past chair of the International Council of Shopping Centers Law Conference.  Mr. Goldberg is currently a Fellow of the American College of Mortgage Attorneys and is a member of the American Law Institute.  Mr. Goldberg received his B.A. from Pennsylvania State University and his LL.B. from the University of Maryland School of Law.    

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  • 60
    Minutes
  • 2/12/2023
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Risky Tenants: Drafting Issues for Landlords

$65.00

Landlords (and their lenders) want nothing more than certainty in the stream of rental payments from tenants. When risks are involved – because of the profile of the tenant or the nature of its operations – landlords seek to offset the risk through higher rents and protective provisions in leases. Those provisions may include restrictions on usage, insurance requirements, more thoroughgoing inspections or other restrictions.  This program will provide you with a guide to drafting and negotiating leases when a landlord has a risky tenant, with an emphasis on offsetting or compensation for that additional risk.    Drafting protections for landlords when tenants pose legal or operational risks – including cannabis businesses Identifying points of potential liability – financial and otherwise – for landlords Drafting scope of tenant use to permit activity but limit landlord risk Economic issues – rent, guarantees, insurance, supplemental payments, escrow Termination provisions – when can the landlord pull the plug?   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.

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  • 60
    Minutes
  • 1/16/2023
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1031 Like-Kind Exchanges in Trust and Estate Planning

$65.00

For clients with significant real estate portfolios in their estates, Section 1031 like-kind exchanges can be a very effective tool for deferring gain. Recent tax legislation has scrambled familiar tax, economic, and practical considerations for making a like-kind exchange, in some circumstances making these techniques more attractive than before, but in others (incoming producing property) less attractive.  There are also substantial real estate law traps in like-kind exchanges.  This program will provide you with a practitioner’s guide to using new like-kind exchange rules in trust and estate planning.    Trust and estate planning opportunities using Section 1031 like-kind exchanges How the 2017 tax law changed conventional considerations of using like-kind exchanges Review of major non-estate tax issues for estate planners when using like-kind exchanges Circumstances when it no long makes sense to use like-kind exchanges for income-producing party Real estate traps when using like-kind exchanges in trust planning   Speakers: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School. Susan Wheatley is a partner in the Cincinnati office of Taft Stettinius & Hollister LLP and chair of its trust and estate planning practice. Her practice focuses on advising clients on their estate and business succession planning.  She also advises clients about sophisticated charitable and gifting giving strategies. She is a Fellow of the American College of Trust and Estate Counsel and an adjunct professor of law at the University of Cincinnati College of Law.  Ms.Wheatley earned her B.A. at Yale University and her J.D. from Northwestern University School of Law.

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  • 60
    Minutes
  • 1/9/2023
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LIVE REPLAY: Due Diligence in Real Estate: How to Conduct and Use

$65.00

  This program will provide you with a real world guide to due diligence in real estate transactions – what information you need, where to get it, and the timeframes involved – depending on the type of transaction involved.  The relationship between the duration and depth of due diligence and the state of the market – how “hot” markets involve more risk because sellers or othersare reluctant to give lengthy diligence periods – will be discussed.  The program will also discuss using information obtained in diligence to draft specific reps and warranties. This program will provide you with a real-world guide to planning due diligence in real estate transaction – essential information to obtain depending on the transaction involved and how to tie that information the transaction’s reps and warranties.   Relationship between diligence and market conditions – willingness of sellers to cooperate or not Using diligence to draft specific reps and warranties Service contracts, condominium HOAs, and other contracts Review of leases, rent rolls, and financial statements Title work – liens and other encumbrances Zoning, regulatory and tax issues Notices of new or special tax assessments   Speaker: Richard R. Goldberg is a retired partner, resident in the Philadelphia office of Ballard Spahr, LLP, where he established an extensive real estate practice, including development, financing, leasing, and acquisition.  Earlier in his career, he served as vice president and associate general counsel of The Rouse Company for 23 years.  He is past president of the American College of Real Estate Lawyers, past chair of the Anglo-American Real Property Institute, and past chair of the International Council of Shopping Centers Law Conference.  Mr. Goldberg is currently a Fellow of the American College of Mortgage Attorneys and is a member of the American Law Institute.  Mr. Goldberg received his B.A. from Pennsylvania State University and his LL.B. from the University of Maryland School of Law.    

  • Audio Webcast
    Format
  • 60
    Minutes
  • 9/22/2021
    Presented
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Tax Planning for Real Estate, Part 1

$65.00

  Tax issues in major real estate transactions – property development, long-term ownership, build-and-sell, like-kind exchanges – often drive the structures of these deals. If not properly considered, tax issues can also have a major adverse impact on the underlying economics of a deal.  The structure of a transaction can impact the timing and amount of gain, the treatment of losses (often very valuable to participants), and even the tax rate.  At every stage of a transaction, tax plays an important role.  This program will provide you with a practical guide to major tax planning issues in real estate deals, including choice of entity, capital gains and distribution planning, and advanced like-kind exchange issues.   Day 1: Choice of entity considerations – contributions, distributions, and eventual sales Acquiring property in a form to minimize taxes later Understanding allocation and distribution provisions – layered allocations, target/forced allocations, built-in-gain (or loss) allocations Understanding and drafting for continuing ownership, including capital shifts and other shifts in ownership Deductions arising from non-recourse debt and minimum gain chargebacks   Day 2: Advanced Like-Kind techniques for deferring gain on the disposition of property Techniques for using partnerships – mixing bowl partnerships, freeze partnerships, leveraged acquisition partnerships Installment sales and cross-purchase/redemption agreements Capital gain tax planning and the 3.8% tax on net investment income   Speakers: Leon Andrew Immerman is a partner in the Atlanta office of Alston & Bird, LLP, where he concentrates on federal income tax matters, including domestic and international tax planning and transactional work for joint ventures, partnerships, limited liability companies and corporations. He formerly served as chair of the Committee on Taxation of the ABA Business Law Section and as chair of the Partnership and LLC Committee of the State Bar of Georgia Business Law Section.  He is also co-author of “Georgia Limited Liability Company Forms and Practice Manual” (2d ed. 1999, and annual supplements).  Mr. Immerman received his B.A., magna cum laude, from Carleton College, his M.A. from the University of Minnesota, and another M.A. and his Ph.D. from Princeton University, and his J.D. from Yale Law School.   Saba Ashraf is a partner in the Philadelphia office of Ballard Spahr, LLP and co-practice leader of the firm’s tax group. She advises clients worldwide on corporate and partnership taxation matters and has managed the tax aspects of a wide range of complex business transactions, including coordination with internal and external non-tax counsel and financial advisers. She handles the tax-related issues involved in mergers and acquisitions, joint ventures,  debt restructurings and loan workouts, and the tax aspects of REITs and investments in real estate.  She is past chair of the ABA Business Law Section’s Tax Committee.  Ms. Ashraf earned her B.S., cum laude, from New York University, her J.D. from Hofstra University School of Law, and her LL.M. in tax from New York University School of Law.    

  • Audio Webcast
    Format
  • 60
    Minutes
  • 10/12/2021
    Presented
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Tax Planning for Real Estate, Part 2

$65.00

  Tax issues in major real estate transactions – property development, long-term ownership, build-and-sell, like-kind exchanges – often drive the structures of these deals. If not properly considered, tax issues can also have a major adverse impact on the underlying economics of a deal.  The structure of a transaction can impact the timing and amount of gain, the treatment of losses (often very valuable to participants), and even the tax rate.  At every stage of a transaction, tax plays an important role.  This program will provide you with a practical guide to major tax planning issues in real estate deals, including choice of entity, capital gains and distribution planning, and advanced like-kind exchange issues.   Day 1: Choice of entity considerations – contributions, distributions, and eventual sales Acquiring property in a form to minimize taxes later Understanding allocation and distribution provisions – layered allocations, target/forced allocations, built-in-gain (or loss) allocations Understanding and drafting for continuing ownership, including capital shifts and other shifts in ownership Deductions arising from non-recourse debt and minimum gain chargebacks   Day 2: Advanced Like-Kind techniques for deferring gain on the disposition of property Techniques for using partnerships – mixing bowl partnerships, freeze partnerships, leveraged acquisition partnerships Installment sales and cross-purchase/redemption agreements Capital gain tax planning and the 3.8% tax on net investment income   Speakers: Leon Andrew Immerman is a partner in the Atlanta office of Alston & Bird, LLP, where he concentrates on federal income tax matters, including domestic and international tax planning and transactional work for joint ventures, partnerships, limited liability companies and corporations. He formerly served as chair of the Committee on Taxation of the ABA Business Law Section and as chair of the Partnership and LLC Committee of the State Bar of Georgia Business Law Section.  He is also co-author of “Georgia Limited Liability Company Forms and Practice Manual” (2d ed. 1999, and annual supplements).  Mr. Immerman received his B.A., magna cum laude, from Carleton College, his M.A. from the University of Minnesota, and another M.A. and his Ph.D. from Princeton University, and his J.D. from Yale Law School.   Saba Ashraf is a partner in the Philadelphia office of Ballard Spahr, LLP and co-practice leader of the firm’s tax group. She advises clients worldwide on corporate and partnership taxation matters and has managed the tax aspects of a wide range of complex business transactions, including coordination with internal and external non-tax counsel and financial advisers. She handles the tax-related issues involved in mergers and acquisitions, joint ventures,  debt restructurings and loan workouts, and the tax aspects of REITs and investments in real estate.  She is past chair of the ABA Business Law Section’s Tax Committee.  Ms. Ashraf earned her B.S., cum laude, from New York University, her J.D. from Hofstra University School of Law, and her LL.M. in tax from New York University School of Law.    

  • Audio Webcast
    Format
  • 60
    Minutes
  • 10/13/2021
    Presented
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LIVE REPLAY: Real Estate Finance: Trends and Best Practices, Part 1

$65.00

This program will provide you with a guide to real estate finance. It will cover the practical aspects of structuring debt, equity, and mezzanine finance.  Major issues and traps in negotiating first mortgages, including personal guarantees and carve-outs, will be discussed in detail. The program will also cover credit enhancement, leasehold finance, and how financing alternatives have changed in a stronger market. This program will provide you with a real-world guide to major issues in negotiating and drafting real estate finance agreements. Day 1: Major issues of negotiating first mortgages Loan application and bank commitments Role of personal guarantees and negotiating non-recourse carve-outs with lenders Defeasance and prepayment premiums   Day 2: Structuring equity in real estate deals Mezzanine financing and drafting issues Leasehold finance Credit enhancement instruments Single purpose entities for finance purposes   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 10/25/2021
    Presented
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LIVE REPLAY: Real Estate Finance: Trends and Best Practices, Part 2

$65.00

This program will provide you with a guide to real estate finance. It will cover the practical aspects of structuring debt, equity, and mezzanine finance.  Major issues and traps in negotiating first mortgages, including personal guarantees and carve-outs, will be discussed in detail. The program will also cover credit enhancement, leasehold finance, and how financing alternatives have changed in a stronger market. This program will provide you with a real-world guide to major issues in negotiating and drafting real estate finance agreements. Day 1: Major issues of negotiating first mortgages Loan application and bank commitments Role of personal guarantees and negotiating non-recourse carve-outs with lenders Defeasance and prepayment premiums   Day 2: Structuring equity in real estate deals Mezzanine financing and drafting issues Leasehold finance Credit enhancement instruments Single purpose entities for finance purposes   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 10/26/2021
    Presented
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LIVE REPLAY: Drafting Guarantees in Real Estate Transactions

$65.00

  Guarantees undergird most real estate transactions.  Lenders, investors and others are often unwilling or unable to finance or otherwise support a real estate transaction without certain substantial guarantees.  These guarantees may concern repayment of loan proceeds or performance of other services – construction, maintenance and waste prevention, environmental indemnity, etc.  The scope of guarantees is highly negotiated, particularly whether the guarantee is recourse or non-recourse and the scope of carve-outs from the guarantees. This program will provide you with a practical guide to negotiating and drafting guarantees in real estate transactions.    Types of guarantees – payment, performance, collection, completion Essential elements of a guarantee – consideration, scope, carve-outs, waivers Guarantees for property maintenance/no waste, environmental indemnity and other non-financial concerns Carve-outs – full v. partial, fraud, misappropriation, misapplication, failure to maintain, insurance, and more Guarantees of construction loans    Speaker: John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law.    

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/11/2021
    Presented
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Environmental Liability in Commercial Real Estate Transactions

$65.00

Environmental liability is one the biggest risks in acquiring and/or developing commercial real estate. When environmental risk is not accurately assessed, allocated and/or hedged, the parties to the deal are exposed to very substantial financial liability and the fundamental economics of the deal are jeopardized.  This program will provide you a practical guide to developments in environmental diligence in real estate deals, allocating or hedging the risk, and post-closing concerns.    Sources of environmental liability under federal law Assessing risk: Estimating liabilities and incorporating findings into deal documents Developments in affirmative defenses Contractual allocation of liability Uses of environmental insurance Post-closing concerns   Speaker:   Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/16/2021
    Presented
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Drafting Property Management Agreements

$65.00

Commercial real estate as a recurring source of income is only as good as it is managed.  Well managed properties not only provide stable income but also hold their underlying value.  Management of commercial real estate is mostly outsourced to third parties. Management agreements vary widely according to the type of property managed – official, retail, multi-family, etc.  This program will provide you with a practical guide to the types of property management agreements, varying fee arrangements, defining the scope of a manager’s duties, rent collection and operational controls, allocating risk and liability, and much more.   Property management agreements for office and multi-family properties Defining scope of manager’s duties and responsibilities Understanding management fee alternatives Collection of rent and handling of funds Insurance, liability and indemnity issues for manager and property owner Operating decisions, controls, termination, and sale of property   Speaker: John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 12/9/2021
    Presented
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LIVE REPLAY: Mother Nature & Leases: Drafting Issues to Protect Against Storm & Other Damage

$65.00

As extreme weather becomes more common, landlords and tenants are spending more time with overlooked lease provisions on weather-related damage.  When a weather or other “Act of God” event occurs, the tenants often have a wider array of remedies, including sometimes termination of the lease, and landlord’s see their risk (and thereby their costs) increase substantially.  As the probability of these events become less than trivial, it’s important reassess whether “boiler-plate” provisions still make economic and risk-management sense. This program will provide you with a real-world guide to drafting and reviewing weather-related and other force majeure provisions in commercial leases.   Intricacies of force majeure clauses in leases Termination rights – triggers for landlords and tenants Economic concessions – rent abatement and other financial considerations Duty of landlord to restore, rights of tenant to access property & construction issues Practical, timely and cost-effective assertion of rights   Speaker: Richard R. Goldberg is a retired partner, resident in the Philadelphia office of Ballard Spahr, LLP, where he established an extensive real estate practice, including development, financing, leasing, and acquisition.  Earlier in his career, he served as vice president and associate general counsel of The Rouse Company for 23 years.  He is past president of the American College of Real Estate Lawyers, past chair of the Anglo-American Real Property Institute, and past chair of the International Council of Shopping Centers Law Conference.  Mr. Goldberg is currently a Fellow of the American College of Mortgage Attorneys and is a member of the American Law Institute.  Mr. Goldberg received his B.A. from Pennsylvania State University and his LL.B. from the University of Maryland School of Law.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 12/15/2021
    Presented
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Letters of Intent in Real Estate Transactions

$65.00

Letters of intent in real estate transactions – buying/selling property and leasing – are essential in helping the parties frame areas of agreement, identify areas for further negotiation, and establish a timeline for completing the deal. These letters can also be cost-effective in determining whether the parties can reach agreement on major terms before definitive agreements are drafted.  But there are substantial drawbacks. One party may use the letter to shop the transaction to third parties, using the offer as a stalking horse.  In some instances, too, the letter itself may be so detailed that it becomes enforceable. This program will provide you with a practical guide to drafting letters of intent in commercial real estate acquisition and sales, and leasing transactions.   Defining timeframes for negotiations/operative agreements & expiration of letter Core economic terms – purchase price and holdbacks, lease payments, escalator clauses Deposits – hard money v. soft money – and escrow instructions Identifying the property subject to acquisition or lease Other major terms – use, exclusivity, environmental issues, etc. Confidentiality and non-marketing provisions   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 12/16/2021
    Presented
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Guarantees in Real Estate Transactions

$65.00

Guarantees undergird most real estate transactions.  Lenders, investors and others are often unwilling or unable to finance or otherwise support a real estate transaction without certain substantial guarantees.  These guarantees may concern repayment of loan proceeds or performance of other services – construction, maintenance and waste prevention, environmental indemnity, etc.  The scope of guarantees is highly negotiated, particularly whether the guarantee is recourse or non-recourse and the scope of carve-outs from the guarantees. This program will provide you with a practical guide to negotiating and drafting guarantees in real estate transactions.  Types of guarantees – payment, performance, collection, completion Essential elements of a guarantee – consideration, scope, carve-outs, waivers Guarantees for property maintenance/no waste, environmental indemnity and other non-financial concerns Carve-outs – full v. partial, fraud, misappropriation, misapplication, failure to maintain, insurance, and more Guarantees of construction loans   Speaker: John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.He has more than 40 years’ experience in real estate law practice.He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law.

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  • 60
    Minutes
  • 12/11/2022
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Percentage Rent Leases in Commercial Real Estate

$65.00

Percentage rent is used in retail leases where the landlord has bargaining power to demand a share of the tenant’s economic gains.  Demand for retail space may be high or a landlord’s specific location may be particularly attractive such that the tenant is willing to pay not only a fixed amount of rent but a share of its gross revenue.  These types of leases require a sophisticated understanding of the underlying economics of tenant’s business. These leases also require very careful drafting. How is gross revenue defined?  Is there a minimum amount or a maximum amount?  How are these numbers verified?  And what are all the related protections for the landlord or the tenant?  This program will provide you with a practical guide to negotiating and drafting percentage leases. Circumstances where percentage rent is commonly seen Economics of percentage rent – landlord and tenant perspectives Defining key terms – “gross sales,” exclusions, percent of rent Determining thresholds – minimum rent, sliding scales Financial reporting and audit rights Important related provisions – non-competition, continuous use, payment terms   Speakers: John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law. Richard R. Goldberg is a retired partner, resident in the Philadelphia office of Ballard Spahr, LLP, where he established an extensive real estate practice, including development, financing, leasing, and acquisition.  Earlier in his career, he served as vice president and associate general counsel of The Rouse Company for 23 years.  He is past president of the American College of Real Estate Lawyers, past chair of the Anglo-American Real Property Institute, and past chair of the International Council of Shopping Centers Law Conference.  Mr. Goldberg is currently a Fellow of the American College of Mortgage Attorneys and is a member of the American Law Institute.  Mr. Goldberg received his B.A. from Pennsylvania State University and his LL.B. from the University of Maryland School of Law.

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  • 60
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  • 12/9/2022
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The Art and Science of Conditional Gifts in Estate Planning

$65.00

In formulating their trust and estate plans, clients often want to set up benchmarks of achievement before distributions or gifts are made. These benchmarks often involve educational attainment – i.e., that a child obtain a college degree by a certain.  But they may involve more difficult to measure benchmarks or life goals that are arguably not appropriate – i.e., that a child marry or have children of their own by a certain age.  Conditional gifts can easily lead to resentments among beneficiaries, questionable enforceability, disputes, and fiduciary litigation.  This program will provide you with a practical guide to conditional gifting using incentive trusts and other mechanisms, and counseling clients about the real limits and risks of conditional gifting. Conditional gifting using incentive trusts and other mechanisms Establishing objectively measurable conditions for gifts or distributions Types of conditions or benchmarks – education, life goals, etc. What’s enforceable, what’s not – counseling clients about limits Choosing the right fiduciaries to administer conditional gifts/incentive trusts   Speaker: Missia H. Vaselaney is a partner in the Cleveland office of Taft, Stettinius & Hollister, LLP, where her practice focuses on estate planning for individuals and businesses.  She also represents clients before federal and state taxing authorities.  Ms. Vaselaney is a member of the American Institute of Certified Public Accountants and has been a member of the Steering Committee for AICPA’s National Advanced Estate Planning Conference since 2001.  Ms. Vaselaney received her B.A. from the University of Dayton and her J.D. from the Cleveland-Marshall College of Law.    

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  • 60
    Minutes
  • 11/6/2022
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Construction Contracts: Drafting Issues, Spotting Red Flags and Allocating Risk, Part 2

$65.00

Construction contracts are among the most difficult agreements to draft or review, and negotiate.  At every stage, building is fraught with substantial risk – timely regulatory approvals, cost containment and price certainty, financing contingencies, building deadlines, and a host of other risks. If these risks materialize, as is common, the bargained for exchange among the parties and their expectations are radically unsettled. Construction contracts are a careful allocation of risks, a compromise between flexibility and price/cost certainty, and establish procedures for resolving disputes short of costly litigation. This program will provide you with a practical guide to drafting the most important provisions of construction contracts.   Day 1: Reviewing and drafting essential provisions of construction contracts Use and common mistakes in using AIA contacts in negotiations with builders Defining the scope of a project and planning for modifications How fees and costs are structured – and allocating risk of modification Tying performance standards and timelines to payments   Day 2:  Insurance and indemnification provisions of construction contracts Role of subcontractors and mechanics’ and materialmen liens Anticipating disputes between property owners and builders, and building in cost-effective dispute resolution Role and limitations of different type of damages   Speaker: John Miller is the principal of John R. Miller, PLLC in the Charlotte, North Carolina and was for 39 years a partner with Robinson, Bradshaw & Hinson, P.A.  His practice encompasses corporate and securities law, mergers and acquisitions, banking and finance, and construction law.  He was selected by his peers for inclusion in "The Best Lawyers in America" and for inclusion in Business North CarolinaMagazine's"Legal Elite" as one of the top business lawyers in North Carolina.  He received his A.B. from Duke University and his J.D., with distinction, from Duke University School of Law.

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  • 60
    Minutes
  • 10/29/2022
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Construction Contracts: Drafting Issues, Spotting Red Flags and Allocating Risk, Part 1

$65.00

Construction contracts are among the most difficult agreements to draft or review, and negotiate.  At every stage, building is fraught with substantial risk – timely regulatory approvals, cost containment and price certainty, financing contingencies, building deadlines, and a host of other risks. If these risks materialize, as is common, the bargained for exchange among the parties and their expectations are radically unsettled. Construction contracts are a careful allocation of risks, a compromise between flexibility and price/cost certainty, and establish procedures for resolving disputes short of costly litigation. This program will provide you with a practical guide to drafting the most important provisions of construction contracts.   Day 1: Reviewing and drafting essential provisions of construction contracts Use and common mistakes in using AIA contacts in negotiations with builders Defining the scope of a project and planning for modifications How fees and costs are structured – and allocating risk of modification Tying performance standards and timelines to payments   Day 2: Insurance and indemnification provisions of construction contracts Role of subcontractors and mechanics’ and materialmen liens Anticipating disputes between property owners and builders, and building in cost-effective dispute resolution Role and limitations of different type of damages   Speaker:  John Miller is the principal of John R. Miller, PLLC in the Charlotte, North Carolina and was for 39 years a partner with Robinson, Bradshaw & Hinson, P.A.  His practice encompasses corporate and securities law, mergers and acquisitions, banking and finance, and construction law.  He was selected by his peers for inclusion in "The Best Lawyers in America" and for inclusion in Business North CarolinaMagazine's"Legal Elite" as one of the top business lawyers in North Carolina.  He received his A.B. from Duke University and his J.D., with distinction, from Duke University School of Law.

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  • 60
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  • 10/28/2022
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Joint Ventures in Real Estate, Part 2

$65.00

Real estate joint venturesleverage the capital and expertise of partners to develop and operate or sell projects of every size.These joint ventures can take different forms – contractual or entity-based – and often involve a complex mix of equity and debt, preferential returns, and various types of fees. Thirdparties, including contractors, may have profit participation rights.  Real estate joint ventures are highly complex exercises in finance and risk management. This program will provide you with a real-world guide to types of real estate joint ventures, major capital structuring issues, and drafting the major provisions of the underlying documents.   Day 1: Entity selection for joint ventures Structing competing interests of investors, developers, and lenders Capital structure – getting the right mix of equity, mezzanine financing& long-term debt Initial and subsequent capital contributions of partners   Day 2: Management and information rights  Guarantees issue in joint ventures Structuring ordinary and liquidating distributions Valuation and sales/exchanges of partnership interests   Speakers: John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law. Richard R. Goldberg is a retired partner, resident in the Philadelphia office of Ballard Spahr, LLP, where he established an extensive real estate practice, including development, financing, leasing, and acquisition.  Earlier in his career, he served as vice president and associate general counsel of The Rouse Company for 23 years.  He is past president of the American College of Real Estate Lawyers, past chair of the Anglo-American Real Property Institute, and past chair of the International Council of Shopping Centers Law Conference.  Mr. Goldberg is currently a Fellow of the American College of Mortgage Attorneys and is a member of the American Law Institute.  Mr. Goldberg received his B.A. from Pennsylvania State University and his LL.B. from the University of Maryland School of Law.

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  • 60
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  • 10/15/2022
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Joint Ventures in Real Estate, Part 1

$65.00

Real estate joint venturesleverage the capital and expertise of partners to develop and operate or sell projects of every size.These joint ventures can take different forms – contractual or entity-based – and often involve a complex mix of equity and debt, preferential returns, and various types of fees. Thirdparties, including contractors, may have profit participation rights.  Real estate joint ventures are highly complex exercises in finance and risk management. This program will provide you with a real-world guide to types of real estate joint ventures, major capital structuring issues, and drafting the major provisions of the underlying documents.   Day 1: Entity selection for joint ventures Structing competing interests of investors, developers, and lenders Capital structure – getting the right mix of equity, mezzanine financing& long-term debt Initial and subsequent capital contributions of partners   Day 2: Management and information rights  Guarantees issue in joint ventures Structuring ordinary and liquidating distributions Valuation and sales/exchanges of partnership interests   Speakers: John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law. Richard R. Goldberg is a retired partner, resident in the Philadelphia office of Ballard Spahr, LLP, where he established an extensive real estate practice, including development, financing, leasing, and acquisition.  Earlier in his career, he served as vice president and associate general counsel of The Rouse Company for 23 years.  He is past president of the American College of Real Estate Lawyers, past chair of the Anglo-American Real Property Institute, and past chair of the International Council of Shopping Centers Law Conference.  Mr. Goldberg is currently a Fellow of the American College of Mortgage Attorneys and is a member of the American Law Institute.  Mr. Goldberg received his B.A. from Pennsylvania State University and his LL.B. from the University of Maryland School of Law.

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  • 60
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  • 10/14/2022
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