Law Seminars International Presents: A Comprehensive Two-Day Conference on

Commercial Real Estate Leases
Strategies for successfully negotiating and enforcing commercial leases in Alaska

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



May 17 & 18, 2010
Dena'ina Civic & Convention Center in Anchorage, AK

Who Should Order This Homestudy

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

Why Order

This seminar will cover conditions affecting commercial leases in Alaska, where both tenants and landlords face circumstances different from those found in many areas outside the state. Attention will be given to key issues in lease negotiations, market conditions and expectations, which include a healthy dose of uncertainty regarding the state's economy, trends in negotiating leases as Alaska's economy becomes more mature, assignments and subleasing, and issues and remedies in connection with default, and financial difficulty and insolvency of both landlords and tenants.

Our presenters and panelists have extensive real world experience enabling them to suggest practical solutions to unique issues surfacing in today's environment. Information provided in this seminar will be useful to lawyers, landlords, tenants, real estate developers, leasing agents, brokers and other real estate professionals charged with negotiating, documenting and solving challenging lease transactions and situations. Our goal is to provide attendees with the tools they need to survive and thrive in an uncertain market.

~ Program Co-Chairs: Joseph L. Reece, Esq. and Richard M. Rosston, Esq.

What You Will Learn



Agenda

Monday, May 17, 2010

8:00 am

Registration and Continental Breakfast

 
8:30 am

Introduction and Overview

Joseph L. Reece, Esq., Program Co-Chair
Davis Wright Tremaine LLP / Anchorage, AK

Richard M. Rosston, Esq., Program Chair
Dorsey & Whitney LLP / Anchorage, AK

 
8:45 am

Negotiating Key Lease Provisions: The 10 Most Hotly Contested Issues in the Current Market

Tenant's point of view

Gordon F. Schadt, Esq.
Schadt Law Office, P.C. / Anchorage, AK

Landlord's point of view

Chris Foote Hyatt, Esq.
Hartig Rhodes Hoge & Lekisch, PC / Anchorage, AK

 
10:00 am

Break

 
10:15 am

Commercial Ground Leases

How to structure, negotiate and draft solid commercial ground leases; avoiding common pitfalls, financing issues

Philip Blumstein, Esq.
Landye Bennett Blumstein LLP / Anchorage, AK

 
11:15 am

Financing Considerations for Lease Negotiations

Landlord/waivers and consents with regard to tenant financing; Subordination, Non-Disturbance and Attornment Agreements (SNDA) with regard to landlord financing

Richard M. Rosston, Esq., Program Co-Chair
Dorsey & Whitney LLP / Anchorage, AK

 
12:00 pm

Lunch (on your own)

 
1:15 pm

The Dance of Negotiation

Clauses you always spend time on; what you trade; cancellation clauses; tenant improvements; delays in delivery of the premises; exclusion from operating costs; assignments; subleases; indemnities; insurance; what you really care about

Frederick J. Odsen, Esq.
Hughes Gorski Seedorf Odsen & Tervooren, LLC / Anchorage, AK

 
2:00 pm

Insurance Considerations for Commercial Leases

Negotiating critical insurance conditions and provisions: Issues of most concern to landlord and tenants; when double indemnity clauses are desirable; indemnity and subrogation clauses; co-insurance, waiver, and subrogation

Brandon Allen, Senior Vice President
Marsh & McLennan Agency LLC / Anchorage, AK

 
2:30 pm

Break

 
2:45 pm

Assignments and Subleases

Which works better for landlords, and for tenants? What rights do tenants have? What control do landlords have? How does the market impact assignments and subleases? What do recent cases tell us about each party's prospects in court?

Suzanne Cherot, Esq.
Birch Horton Bittner & Cherot / Anchorage, AK

 
3:30 pm

Special Leases Panel

Office leases

Joseph L. Reece, Esq.
Davis Wright Tremaine LLP / Anchorage, AK

Shopping centers

Hugh A. Ashlock, Manager, Permanent Leasing
Dimond Center / Anchorage, AK

Industrial and warehouse

Brandon Walker, Sales Associates
Bond, Stephens & Johnson / Anchorage, AK

Government leases

Vern Jones, Chief Procurement Officer
State of Alaska / Juneau, AK

 
5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Davis Wright Tremaine LLP and Dorsey & Whitney LLP

 

Tuesday, May 18, 2010

8:00 am

Continental Breakfast

 
8:30 am

Introduction and Overview

Joseph L. Reece, Esq., Program Co-Chair
Davis Wright Tremaine LLP / Anchorage, AK

Richard M. Rosston, Esq., Program Co-Chair
Dorsey & Whitney LLP / Anchorage, AK

 
8:45 am

Making the Deal Happen

From Letter-of-Intent to move-in: Avoiding the deal killers

Howard H. Levine, CCIM, Director of Development
Pfeffer Development / Anchorage, AK

Jeff V. Thon, CPM, Senior Commercial Broker
Jack White Commercial / Anchorage, AK

Richard M. Rosston, Esq., Program Co-Chair
Dorsey & Whitney LLP / Anchorage, AK

Joseph L. Reece, Esq., Program Co-Chair
Davis Wright Tremaine LLP / Anchorage, AK

 
10:15 am

Break

 
10:30 am

Defaults, Remedies, and Workouts: Tenants in Trouble, What You Can Do About It

Proactive drafting: What is important in the default section, how to structure your security, what do ahead of time to protect yourself; credit enhancements: Using Letters of Credit and guarantees to secure lease obligations; litigation stage

Calvin R. Jones, Esq.
Jones & Colver LLC / Anchorage, AK

Bankruptcy and receiverships: Resolving lease issues in bankruptcies; co-tenant protections and remedies

Michael R. Mills, Esq.
Dorsey & Whitney LLP / Anchorage, AK

 
12:15 pm

Lunch (on your own)

 
1:30 pm

Damage or Destruction and Eminent Domain

Who gets to choose when the lease is over; a key point of negotiation for most leases

James T. Stanley, Esq.
Alaska Court System / Anchorage, AK

 
2:00 pm

Ethics and Strategies for Addressing the Issues: A Lawyer and Broker Work Through a Series of Sticking Points in Light of Their Respective Professional Obligations

Options for minimizing or allowing conflicts for current clients; duties to former clients; allocation of authority between client, lawyer and broker; fairness, truthfulness and candor; impact of Internet and resulting new business models; dual agency

Jerry W. Royse, President
Royse and Associates / Anchorage, AK

Barbara Simpson Kraft, Esq.
Davis Wright Tremaine LLP / Anchorage, AK

 
3:00 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 11.25 AK CLE credits including 1 Ethics credit. 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 course materials (either a binder or searchable CD), is available for $1005. The course materials alone are available for $100. We will ship your Homestudy order via UPS ground within two weeks after the seminar or from the date we receive payment.
Order Homestudy



Faculty Bios

Joseph L. (Joe) Reece, Program Co-Chair and Partner-in-Charge for Davis Wright Tremaine LLP's Anchorage office, focuses on commercial, corporate and real estate law, assisting clients with real estate transactions, business purchase and sale transactions, corporate advice and financing transactions. Named a leading lawyer for Real Estate and Corporate/Mergers & Acquisitions for Alaska by Chambers USA, he is an "Alaska Super Lawyer".
Full bio and contact info for Joseph L. Reece at Davis Wright Tremaine LLP

Richard M. (Dick) Rosston, Program Co-Chair and partner at Dorsey & Whitney LLP in Anchorage, focuses on commercial, corporate, finance, merger and acquisition, Alaska Native, real property, state securities and telecommunications law. He has been named a leading lawyer for Real Estate and Corporate/Mergers & Acquisitions for Alaska by Chambers USA and is included in Best Lawyers in America.

Brandon Allen, Senior Vice President at Marsh & McLennan Agency LLC, provides insurance and risk management solutions for Alaskan-based organizations, including Alaska Native Corporations, public entities and property owners/developers. He holds the Certified Risk Manager designation.

Hugh A. Ashlock partner, Dimond Center, focuses on permanent retail, office leasing and a specialty leasing program. He is active in the International Council of Shopping Centers.

Philip Blumstein, partner at Landye Bennett Blumstein LLP, works with municipalities, Alaska Native and private corporations and businesses on corporate affairs, real estate transactions, Alaska Native law issues, and mergers and acquisitions. He is AV rated by Martindale-Hubbell.

Suzanne Cherot, senior shareholder, Birch Horton Bittner & Cherot, focuses on real estate and commercial transactions. She is included in Chambers USA, America's Leading Business Lawyers in real estate, and is an Alaska Super Lawyer.

Chris Foote Hyatt, managing shareholder, Hartig Rhodes Hoge & Lekisch, PC, represents purchasers and sellers in negotiating and drafting real estate agreements, advising on due diligence investigations, title and survey issues, real estate financing documentation, review and drafting of conveyance and closing documents, residential and complex commercial lease and lease default issues.

Calvin R. Jones, partner, Jones & Colver LLC, focuses on real estate and construction law, secured transactions, landlord/tenant law, and other business and corporate matters.

Vern Jones, Chief Procurement Officer for the State of Alaska, is responsible for oversight of state executive branch procurement and management of the Division of General Services, including the leasing program, which administers over 500 leases and 4.1 million square feet of office space.

Barbara Simpson Kraft, partner at Davis Wright Tremaine LLP, focuses on real estate development and land use law and corporate and finance law, including mergers and acquisitions. She is listed in America's Leading Lawyers, Chambers USA and Best Lawyers in America. She is also an Alaska Super Lawyer.
Full bio and contact info for Barbara Simpson Kraft at Davis Wright Tremaine LLP

Howard H. Levine, CCIM, DPM, Director of Development, Pfeffer Development, is an expert in real estate analysis and development and is knowledgeable in financing alternatives and solutions. Previously, he focused on commercial real estate development and property and asset management at Carr-Gottstein Properties and Denali Commercial Management.

Michael R. Mills, partner in Dorsey & Whitney LLP's Trial Group and Business Group, represents businesses facing financial difficulties who need restructuring assistance, those being bought and sold, and those involved in ownership or contract disputes. He is listed in The Best Lawyers in America and Chambers USA.
Full bio and contact info for Michael R. Mills at Dorsey & Whitney LLP

Frederick J. Odsen, member, Hughes Gorski Seedorf Odsen & Tervooren, LLC, focuses on lending issues, loan documentation, real property and personal property acquisitions, leasing transactions, disposition and secured transactions, business formation and advice, foreclosures, workouts and bankruptcy procedures. He is AV rated by Martindale-Hubbell and listed in Chambers USA and The Best Lawyers in America.

Jerry W. Royse is President of Royse and Associates, a real estate training company. He focuses on continuing education and post licensing and is an expert state and federal court witness in real estate civil and criminal cases. Previously, he was Director of the National Association of Realtors and President of Alaska Association of Realtors.

Gordon F. Schadt, of Schadt Law Office, P.C., focuses his practice on real estate issues.

James T. Stanley, formerly an Administrative Law Judge for the State of Alaska, has more than 25 years experience addressing and resolving real estate issues for private clients.

Jeff V. Thon, CPM, Associate Broker at Jack White Commercial, focuses on commercial real estate management, sales, leasing, sale of office, warehouse and retail buildings. Previously, he was with Pacific Tower Properties.