Course1

Subtenants in Commercial Leasing: How to Protect Your Client

$89.00

Subleases are by their very nature filled with substantial risk.  A sub-tenant agrees to take space – office, retail, or industrial – from a sub-landlord, pay the sub-landlord rent, and perform certain services. But without between the sub-tenant and the senior landlord, the sub-tenant has no rights to assert against the senior landlord even though the sub-tenant’s use of the space may depend on the actions of the senior landlord.  This sub-tenant is also at substantial risk of losing the space if either the senior or sub-landlord goes bankrupt. The relationship of these parties is highly complex. This program will provide you with a practical guide protecting subtenants in leasing.   Counseling sub-tenant clients about the range of risks in subleases How to read master leases to spot red flags for tenants Types of subleases – what works for bigger/smaller clients and spaces? Identifying master lease’s control of subleasing and sublease terms Master lease money provisions, use restrictions, attornment provisions, and termination Determining whether sublease risks outweigh the benefits   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.

  • MP3 Download
    Format
  • 60
    Minutes
  • 10/17/2024
    Avail. Until
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Course1

Construction Contracts: Drafting Issues, Spotting Red Flags and Allocating Risk, Part 1

$89.00

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 Carolina Magazine's "Legal Elite" as one of the top business lawyers in North Carolina.  

  • Teleseminar
    Format
  • 60
    Minutes
  • 10/24/2024
    Presented
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Course1

Construction Contracts: Drafting Issues, Spotting Red Flags and Allocating Risk, Part 1

$89.00

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 Carolina Magazine's "Legal Elite" as one of the top business lawyers in North Carolina.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 10/24/2024
    Presented
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Course1

Construction Contracts: Drafting Issues, Spotting Red Flags and Allocating Risk, Part 1

$89.00

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.

  • MP3 Download
    Format
  • 60
    Minutes
  • 10/25/2024
    Avail. Until
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Course1

Construction Contracts: Drafting Issues, Spotting Red Flags and Allocating Risk, Part 2

$89.00

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 Carolina Magazine's "Legal Elite" as one of the top business lawyers in North Carolina.  

  • Teleseminar
    Format
  • 60
    Minutes
  • 10/25/2024
    Presented
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Course1

Construction Contracts: Drafting Issues, Spotting Red Flags and Allocating Risk, Part 2

$89.00

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 Carolina Magazine's "Legal Elite" as one of the top business lawyers in North Carolina.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 10/25/2024
    Presented
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Course1

Construction Contracts: Drafting Issues, Spotting Red Flags and Allocating Risk, Part 2

$89.00

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.

  • MP3 Download
    Format
  • 60
    Minutes
  • 10/26/2024
    Avail. Until
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Course1

LIVE REPLAY: The Great Reckoning: When Commercial Real Estate Loans Come Due

$89.00

When a commercial real estate loan comes due, there are typically three alternatives for clients: refinance the loan, sell the property underlying the mortgage, or restructure the property’s capital structure, perhaps by adding more equity. There are complex tradeoffs with each alternative.  Renegotiating a loan extension is time-consuming, even when credit is available. Selling the property, especially in a strong market, may trigger adverse tax consequences. Most murky of all is restructuring the capital structure of project. Is the owner willing to add more equity to the project? This program will provide you with a practical guide to the issues of working with clients when their commercial real estate loans come due. Alternatives when a commercial real estate mortgage comes due Exploration of refinance options in an environment of volatile interest rates Role of preferred equity, mezzanine loans, and second mortgages Alternative of selling into a strong market Counseling clients about refinance in a time of certainty 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.   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.  

  • Teleseminar
    Format
  • 60
    Minutes
  • 10/31/2024
    Presented
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Course1

LIVE REPLAY: The Great Reckoning: When Commercial Real Estate Loans Come Due

$89.00

When a commercial real estate loan comes due, there are typically three alternatives for clients: refinance the loan, sell the property underlying the mortgage, or restructure the property’s capital structure, perhaps by adding more equity. There are complex tradeoffs with each alternative.  Renegotiating a loan extension is time-consuming, even when credit is available. Selling the property, especially in a strong market, may trigger adverse tax consequences. Most murky of all is restructuring the capital structure of project. Is the owner willing to add more equity to the project? This program will provide you with a practical guide to the issues of working with clients when their commercial real estate loans come due. Alternatives when a commercial real estate mortgage comes due Exploration of refinance options in an environment of volatile interest rates Role of preferred equity, mezzanine loans, and second mortgages Alternative of selling into a strong market Counseling clients about refinance in a time of certainty 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.   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.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 10/31/2024
    Presented
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Course1

Due Diligence in Commercial Real Estate Transactions

$89.00

This program will provide you with a practical guide to due diligence in real estate transactions – what information you need, where to get it, and the timeframes involved.  The program will also cover the relationship between the duration and depth of due diligence depending on the state of the market – i.e., how “hot” markets involve more risk because sellers or othersare reluctant to give lengthy diligence periods. The program will also discuss using information obtained in diligence to draft specific reps and warranties. This program will provide you with a practical guide to planning due diligence in real estate transaction and how that information is used.   Planning diligence – what information you need, where to get it, and timeframes Relationship between diligence and market conditions – willingness of sellers to cooperate or not Using diligence – tying information obtained to specific reps and warranties Review of leases, rent rolls, and financial statements Service contracts, condominium HOAs, and other contracts Title work – liens and other encumbrances   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.

  • MP3 Download
    Format
  • 60
    Minutes
  • 11/1/2024
    Avail. Until
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Course1

LIVE REPLAY: Drafting Small Commercial Real Estate Leases

$89.00

In small space leases, tenants are much more sensitive to the cost or reviewing and negotiating lengthy leases.  Also, use restrictions in lengthier leases can unduly restrict a tenant’s ability to use the space to operate their business.  Landlord rights and remedies in “short “form” leases tend to leave tenants with little flexibility and few remedies for landlord breaches.  At the same time, landlords fear the instability and costs associated with small tenants. This program will provide you a real-world guide to reviewing a small commercial lease, including economics, use restrictions, subleasing, and remedies. Red flags in “short form” leases for small tenants Ensuring “use” restrictions allow tenant to operate its business Common area maintenance, taxes, insurance, fees and penalties Scope of landlord services to tenant – and landlord remedies Exit issues – “go dark” provisions, subletting, tail liability Speaker: David C. Camp is a partner in the Denver office of Senn Visciano Canges, PC, where he represents clients in all aspects of real estate transactions.  He has extensive experience in leasing, development, construction, financing and ownership issues.  He also has substantial experience in commercial finance matters, most frequently corporate and real estate financing, including mezzanine loans, construction loans, and traditional loan matters.  

  • Teleseminar
    Format
  • 60
    Minutes
  • 11/6/2024
    Presented
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Course1

LIVE REPLAY: Drafting Small Commercial Real Estate Leases

$89.00

In small space leases, tenants are much more sensitive to the cost or reviewing and negotiating lengthy leases.  Also, use restrictions in lengthier leases can unduly restrict a tenant’s ability to use the space to operate their business.  Landlord rights and remedies in “short “form” leases tend to leave tenants with little flexibility and few remedies for landlord breaches.  At the same time, landlords fear the instability and costs associated with small tenants. This program will provide you a real-world guide to reviewing a small commercial lease, including economics, use restrictions, subleasing, and remedies. Red flags in “short form” leases for small tenants Ensuring “use” restrictions allow tenant to operate its business Common area maintenance, taxes, insurance, fees and penalties Scope of landlord services to tenant – and landlord remedies Exit issues – “go dark” provisions, subletting, tail liability Speaker: David C. Camp is a partner in the Denver office of Senn Visciano Canges, PC, where he represents clients in all aspects of real estate transactions.  He has extensive experience in leasing, development, construction, financing and ownership issues.  He also has substantial experience in commercial finance matters, most frequently corporate and real estate financing, including mezzanine loans, construction loans, and traditional loan matters.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/6/2024
    Presented
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Course1

Common Area Maintenance, Insurance, and & Taxes Provisions in Commercial Leases

$89.00

To Be Determined

  • Teleseminar
    Format
  • 60
    Minutes
  • 11/12/2024
    Presented
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Course1

Common Area Maintenance, Insurance, and & Taxes Provisions in Commercial Leases

$89.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/12/2024
    Presented
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Course1

Joint Ventures in Real Estate, Part 1

$89.00

To Be Determined

  • Teleseminar
    Format
  • 60
    Minutes
  • 11/14/2024
    Presented
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Course1

Joint Ventures in Real Estate, Part 1

$89.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/14/2024
    Presented
SEE MORE
Course1

Joint Ventures in Real Estate, Part 1

$89.00

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.

  • MP3 Download
    Format
  • 60
    Minutes
  • 11/15/2024
    Avail. Until
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Course1

Joint Ventures in Real Estate, Part 2

$89.00

To Be Determined

  • Teleseminar
    Format
  • 60
    Minutes
  • 11/15/2024
    Presented
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Course1

Joint Ventures in Real Estate, Part 2

$89.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/15/2024
    Presented
SEE MORE
Course1

Joint Ventures in Real Estate, Part 2

$89.00

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.

  • MP3 Download
    Format
  • 60
    Minutes
  • 11/16/2024
    Avail. Until
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Course1

Rights of First Offer, First Refusal in Real Estate

$89.00

Rights of first refusal and rights of first offer are frequently used in commercial real estate transactions, establishing rights to acquire property from a seller before it hits the market.  The practical effect of these tools is often to exert downward pressure on the price of the property and hamper development of a third-party market.  Rights of first refusal can help hasten a deal among buyers and sellers or landlords and tenants, thereby reducing costs, or they can be a costly waste of time. There are many subtle differences between rights of first refusal and rights of first offer, each with subtle tradeoffs for counter-parties that must be considered in context of a particular transaction.  This program will provide you with a practical guide to drafting rights of first refusal and rights of first offer in real estate.   How rights of first refusal and rights of first offer work in real estate transactions Real-world costs, tradeoffs and risks of each type of right – and drafting tips and traps Best circumstances in which these mechanisms are used in property acquisitions, sales, and leasing How rights of refusal depress prices &limiting third party interest in the property – and how to mitigate Practical strategies for buyers and sellers, landlords and tenants when negotiating these rights   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.

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/7/2024
    Avail. Until
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Course1

Rights of First Offer, First Refusal in Real Estate

$89.00

To Be Determined

  • Teleseminar
    Format
  • 60
    Minutes
  • 12/9/2024
    Presented
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Course1

Rights of First Offer, First Refusal in Real Estate

$89.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 12/9/2024
    Presented
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Course1

Guarantees in Real Estate Transactions

$89.00

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.

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/20/2024
    Avail. Until
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Course1

Guarantees in Real Estate Transactions

$89.00

To Be Determined

  • Teleseminar
    Format
  • 60
    Minutes
  • 12/20/2024
    Presented
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Course1

Guarantees in Real Estate Transactions

$89.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 12/20/2024
    Presented
SEE MORE
Course1

LIVE REPLAY: The Great Reckoning: When Commercial Real Estate Loans Come Due

$89.00

When a commercial real estate loan comes due, there are typically three alternatives for clients: refinance the loan, sell the property underlying the mortgage, or restructure the property’s capital structure, perhaps by adding more equity. There are complex tradeoffs with each alternative.  Renegotiating a loan extension is time-consuming, even when credit is available. Selling the property, especially in a strong market, may trigger adverse tax consequences. Most murky of all is restructuring the capital structure of project. Is the owner willing to add more equity to the project? This program will provide you with a practical guide to the issues of working with clients when their commercial real estate loans come due. Alternatives when a commercial real estate mortgage comes due Exploration of refinance options in an environment of volatile interest rates Role of preferred equity, mezzanine loans, and second mortgages Alternative of selling into a strong market Counseling clients about refinance in a time of certainty 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.   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.  

  • Teleseminar
    Format
  • 60
    Minutes
  • 12/27/2024
    Presented
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Course1

LIVE REPLAY: The Great Reckoning: When Commercial Real Estate Loans Come Due

$89.00

When a commercial real estate loan comes due, there are typically three alternatives for clients: refinance the loan, sell the property underlying the mortgage, or restructure the property’s capital structure, perhaps by adding more equity. There are complex tradeoffs with each alternative.  Renegotiating a loan extension is time-consuming, even when credit is available. Selling the property, especially in a strong market, may trigger adverse tax consequences. Most murky of all is restructuring the capital structure of project. Is the owner willing to add more equity to the project? This program will provide you with a practical guide to the issues of working with clients when their commercial real estate loans come due. Alternatives when a commercial real estate mortgage comes due Exploration of refinance options in an environment of volatile interest rates Role of preferred equity, mezzanine loans, and second mortgages Alternative of selling into a strong market Counseling clients about refinance in a time of certainty 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.   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.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 12/27/2024
    Presented
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Course1

1031 Like-Kind Exchanges in Trust and Estate Planning

$89.00

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.

  • MP3 Download
    Format
  • 60
    Minutes
  • 1/20/2025
    Avail. Until
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Course1

Risky Tenants: Drafting Issues for Landlords

$89.00

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.

  • MP3 Download
    Format
  • 60
    Minutes
  • 1/27/2025
    Avail. Until
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