Law Seminars International Presents: The Third Annual Advanced Conference on

Commercial Real Estate Leases
Practical information on negotiations and enforcement

(For this past program, we offer two options for purchase: a Homestudy (DVD and written materials) or written materials alone.)



October 16 & 17, 2008
The Latham Hotel, Georgetown in Washington, DC

Who Should Order This Homestudy

Attorneys, owners, managers, brokers, leasing agents, real estate developers and others who are involved in landlord/tenant relationships, and who deal with lease negotiation, drafting, defaults and litigation

Why Order

This seminar will provide insightful information useful to real estate lawyers, brokers, lenders, landlords and tenants in negotiating and enforcing commercial leases. Basic concepts will be reviewed to assure that those with less experience are not left behind, but the panel discussions and presentations will quickly focus on more sophisticated issues, providing examples and specific suggestions for dealing with real-world situations.

The range of topics in this comprehensive two-day program extends from in-depth panel presentations analyzing the economic components of leases and negotiation strategies, to the nuts-and-bolts of leases, and to particular areas of interest in the current leasing market, including leases with law firms, ground leases, government leases, the impact of the green movement on leases, bankruptcy developments and telecommunications issues.

The speakers are drawn from the leading leasing professionals in this area; they will help you expand and enhance your knowledge of commercial office and retail leases.

~ Bruce L. Christman, Esq. and Andrew M. Goldstein, Esq., Program Co-Chairs

You Will Learn About

What Attendees Said



Agenda

Thursday, October 16, 2008

8:00 am

Registration and Continental Breakfast

 
8:30 am

Introduction and Overview

Bruce L. Christman, Esq., Program Co-Chair
Reed Smith LLP / Falls Church, VA

Andrew M. Goldstein, Esq., Program Co-Chair
Linowes and Blocher LLP / Bethesda, MD

 
8:45 am

The Current Leasing Market: Understanding Both the Economic Drivers and the Intangible Factors

Lawrence Yun, Ph.D., Chief Economist and Senior Vice President
National Association of Realtors / Washington, DC

 
9:30 am

Update on Recent Court Cases of Importance to Landlords and Tenants

What issues have been litigated; how outcomes differ by state in the metro region; other developments in the region and around the country, such as Maryland changing the rule against perpetuities; implications for leasing

J. Grier Hoyt, Esq.
Linowes and Blocher LLP / Bethesda, MD

 
10:15 am

Break

 
10:30 am

Retail Leases: Key Issues for Urban and Suburban Sites

Urban and suburban; mixed-use projects; hybrid leases; treatment of utilities and operating expenses; tenant work; exclusivity clauses; permits; special concerns regarding assignment and subletting; parking; signs

Bruce L. Christman, Esq., Program Co-Chair, Moderator
Reed Smith LLP / Falls Church, VA

David S. Houston, Esq.
Pillsbury Winthrop Shaw Pittman LLP / McLean, VA

Tara A. Scanlon, Esq.
Holland & Knight LLP / Washington, DC

 
12:00 pm

Lunch (on your own)

 
1:15 pm

Mixed-Use

Harmonizing different uses; allocation of common expenses; managing parking ratios for different constituencies; how to protect use and not bear disproportional cost of the project

Garry L. Witt, Esq., General Counsel - Retail Development
The Peterson Companies / Fairfax, VA

 
2:00 pm

Dealing with the Lenders - Present and Future

Subordination of leases; SNDA's; estoppel certificates; application of insurance proceeds following a casualty; landlord waivers; lender's approval rights over leases

Dennis K. Moyer, Esq.
Goulston & Storrs / Washington, DC

 
2:45 pm

Break

 
3:00 pm

Food for Thought on Litigation

Landlord perspective

Deborah B. Baum, Esq.
Pillsbury Winthrop Shaw Pittman LLP / Washington, DC

Tenant perspective

Douglas M. Bregman, Esq.
Bregman, Berbert, Schwartz & Gilday, LLC / Bethesda, MD

 
4:15 pm

The Green Movement and its Impact on Leasing

Impact on administration of leases: Update on LEED certification; pass-through costs and other issues that arise when landlord or tenants want the building to comply; creative solutions and drafting tips for implementing them

Patrick W. Marr, Executive Vice President
CB Richard Ellis / Washington, DC

 
5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees Sponsored by Linowes and Blocher LLP and Reed Smith LLP

 

Friday, October 17, 2008

8:00 am

Registration and Continental Breakfast

 
8:30 am

Ethics and Transactional Matters: Avoiding Conflicts of Interest

Impact of conflicts and conflict rules; review of basic conflict rules; key questions in identifying and avoiding conflicts; examples

Thomas B. Mason, Esq.
Zuckerman Spaeder LLP / Washington, DC

 
9:30 am

Ground Leases: Pitfalls to Avoid

Subordination provisions; non-disturbance agreements for tenants; controls retained by ground lessor; key provisions

Michael D. Goodwin, Esq.
Arnold & Porter LLP / Washington, DC

 
10:15 am

Break

 
10:30 am

Negotiating Strategies for Letters of Intent, Renewals, Expansions and Terminations, Assignments and Subletting, and Other Key Lease Provisions

Andrew M. Goldstein, Esq., Program Co-Chair, Moderator
Linowes and Blocher LLP / Bethesda, MD

Tenant's view

Steven A. Teitelbaum, Esq.
Jones Day / Washington, DC

Landlord's view

Henry Brauer, Principal
Colony Realty Partners, LLC / Boston, MA

 
12:00 pm

Lunch

 
1:15 pm

Workouts and Bankruptcy: What Every Leasing Lawyer Needs to Know

2005 amendments to the Bankruptcy Code: Impact on landlords and tenants in distressed situations, how debtor-tenants are confronting the changes; recent case law on treatment of letters of credit; other current issues

Bradford F. Englander, Esq.
Linowes and Blocher LLP / Bethesda, MD

Practical tips from the real estate lawyer's perspective

Kenneth L. Samuelson, Esq.
Samuelson Law Offices, LLC / Washington, DC

 
2:45 pm

Break

 
3:00 pm

Government Leases: The Dynamics of Dealing with the GSA and Practical Solutions to Some Common Problems

Key issues before, during and after entering into a government lease and strategies for managing them

Timothy C. Hutchens, Esq., Executive Vice President
CB Richard Ellis / Washington, DC

 
3:45 pm

Tenant Improvements: A Close Analysis of the Work Letter

What landlords and tenants care about; assembling the team (broker, architect, and lawyer); why not to leave the letter to last; addressing force majeure delay, tenant delay; conditions to withdrawal of allowance

Jennifer Perkins, Esq.
Arnold & Porter LLP / Washington, DC

Amy B. Rifkind, Esq.
Arnold & Porter LLP / Washington, DC

 
4:30 pm

Evaluations and Adjourn

 


Cancellation

There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders

Continuing Education Credits

This program qualifies for 12.5 VA CLE credits including 1 Ethics. DC Real estate credits are pending. Upon request, we will apply for CLE credits in other states and other types of credits.



Cost

Our complete Homestudy Course, consisting of a DVD recording and the written course materials, is available for $1005. The written course materials alone are available for $100. We will ship your Homestudy order via UPS ground within two weeks after the seminar or the date we receive payment (whichever is later).
Order Homestudy



Faculty Bios

Bruce L. Christman, Program Co-Chair, partner at Reed Smith LLP, focuses on commercial real estate development, acquisition, sales, leasing and finance and represents landlords and tenants who lease office and other commercial space. He was named a Super Lawyer by Washington, D.C. and Virginia Super Lawyers in real estate and listed in The Best Lawyers In America.

Andrew M. Goldstein, Program Co-Chair, partner at Linowes and Blocher LLP and Head of the Transactions Group, focuses on real estate acquisitions and sales, commercial leasing, and real estate finance including land development. He represents builders, developers, tenants and institutional users and was listed in The Best Lawyers in America.

Deborah B. Baum, partner in Pillsbury Winthrop Shaw Pittman LLP and head of their DC office Litigation Group, handles civil litigation matters, complex real estate-related disputes, lender liability cases, health care litigation, zoning appeals and Fair Housing Act and constitutional litigation. She was named the area's "Top Real Estate Litigator" by Washington Business Journal.
Full bio and contact info for Deborah B. Baum at Pillsbury Winthrop Shaw Pittman LLP

Henry G. Brauer, Principal of Colony Realty Partners LLC, oversees asset management and is on the Manager's Board of Managers and Investment Committees. Previously he was Director of Asset Management at TA Associates Realty.

Douglas M. Bregman, partner at Bregman, Berbert, Schwartz & Gilday, LLC, focuses on commercial transactions and civil lawsuits, and also serves as a mediator or arbitrator.

Bradford F. Englander, partner at Linowes and Blocher LLP, focuses on bankruptcy and creditors' rights law, concentrating on Chapter 11 reorganizations, workouts, restructurings and creditors' rights litigation.

Michael D. Goodwin, partner at Arnold & Porter LLP, practices in commercial real estate focusing on development, hospitality, public/private partnership and debt and equity financing transactions. He was listed in The Best Lawyers in America and Who's Who Legal.

David S. Houston, partner at Pillsbury Winthrop Shaw Pittman LLP, focuses on commercial retail leasing including representing landlords and tenants, land use, zoning and redevelopment.

J. Grier Hoyt, partner at Linowes and Blocher LLP, represents owners, developers and users in acquisition, development, financing, leasing, ground leasing and disposition transactions for office, retail, build-to-suit and mixed-use properties. He has been AV rated by Martindale Hubbell.

Timothy C. Hutchens, Executive Vice President at CB Richard Ellis in Washington DC and head of the Federal Government Services Group, focuses on federal real estate transactions, including lease procurements, enhanced use leases, site selections and acquisitions, investment sales, project financing, and lease construction projects.

Patrick W. Marr, Executive Vice President of CB Richard Ellis and founder of their Law Firm Practice Group, focuses on real estate strategy for minimizing risk and retaining flexibility. He recently completed a green lease for the U.S. Green Buildings Headquarters with Mayer Brown, and Shook Hardy.

Thomas B. Mason, partner at Zuckerman Spaeder LLP, focuses on white-collar criminal defense, civil forfeitures, attorney disciplinary proceedings and complex civil litigation. Previously he was with the DC Public Defender Service and Federal Public Defender for the District of Maryland.
Full bio and contact info for Thomas B. Mason at Zuckerman Spaeder LLP

Dennis K. Moyer, director at Goulston & Storrs, specializes in commercial real estate, focusing on real estate acquisition, development, financing and leasing matters. He is listed in The Best Lawyers of America and Chambers & Partners.

Jennifer Perkins, partner with Arnold & Porter LLP, represents both landlords and tenants in leasing office and retail space including some of the largest private sector leases in the region. She is listed in Chambers USA.

Amy B. Rifkind, counsel at Arnold & Porter LLP, practices in commercial real estate with a focus on large-scale leasing, public-private partnerships and real estate development.

Kenneth L. Samuelson, founder of Samuelson Law Offices, LLC, handles commercial real estate development agreements, acquisitions, and leases, along with commercial real estate loan and lease workouts, foreclosures, evictions and bankruptcies. Previously he was partner at mid-sized real estate law firms and Assistant Attorney General for the State of Maryland. He has a Martindale-Hubbell Rating of AV and was listed in Who's Who in American Law and Who's Who in Washington.
Contact info for Kenneth L. Samuelson at Samuelson Law Offices, LLC

Tara A. Scanlon, partner at Holland & Knight LLP and Co-Chair of the firm's National Retail Development and Leasing Team in the Real Estate Section, focuses on commercial real estate transactions including development, sales, acquisitions and retail and office leasing.

Steven A. Teitelbaum, partner at Jones Day, practices real estate law, including office and retail lease negotiations for landlords and tenants, purchase and sale of land, office buildings, hotels and other real estate projects and financing. He wrote the BOMA Guide to Writing A Commercial Real Estate Lease.
Full bio and contact info for Steven A. Teitelbaum at Jones Day

Garry L. Witt, General Counsel of Retail Development for The Peterson Companies, coordinates the legal affairs in connection with its retail and mixed-use projects. Previously he was General Counsel for The Goodman Company.

Lawrence Yun, Ph.D., Chief Economist and Senior Vice President with the National Association of Realtors, writes columns on real estate market trends. USA Today listed him among the top 10 economic forecasters in the country. Previously he was an economic consultant to the U.S. Department of Veterans Affairs and the U.S. Department of Education.