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

Commercial Real Estate Leases
Strategies and tools for successfully negotiating, documenting and resolving commercial leasing disputes



February 8 & 9, 2016
DoubleTree By Hilton Los Angeles Downtown in Los Angeles, CA

Who Should Order This Homestudy

Attorneys, landlords, tenants, brokers, lenders, developers and other real estate professionals who are involved in landlord/tenant relationships, and others charged with negotiating, documenting and solving challenging lease transactions, as well as those involved in leasing disputes and litigation

Why You Should Order

This year's conference is intended to provide landlords, tenants, brokers, property managers, attorneys and other real estate professionals with insights into areas that can impact both negotiating and documenting sophisticated leases, as well as addressing and resolving challenging lease disputes and situations. The conference will provide an overview of current leasing trends, highlight specialized areas that can dramatically impact commercial lease transactions, and offer solutions to dealing with lease defaults and disputes.

The distinguished faculty for this conference is drawn from leading industry attorneys and specialists who will describe their real-world experience and practical approaches to a variety of topics confronting parties in today's leasing environment. Special attention will be given to areas often overlooked at similar conferences including environmental, accounting, operating expense, bankruptcy and alternative dispute resolution issues. Our goal is to provide attendees with the knowledge, strategies and tools they need to survive and thrive in today's market and anticipate future market changes. We hope you will join us.

~ Program Co-Chairs: Charles D. Jarrell, Esq. of Allen Matkins Leck Gamble Mallory & Natsis LLP and Owen S. Solomon, Esq. of Shoreline, A Law Corporation

What You Will Learn



Agenda

Monday, February 08, 2016

8:00 am

Registration Opens

 
8:30 am

Introduction & Overview

Charles D. Jarrell, Esq., Program Co-Chair
Allen Matkins Leck Gamble Mallory & Natsis LLP / Los Angeles, CA

Owen S. Solomon, Esq., Program Co-Chair
Shoreline, A Law Corporation / Santa Monica, CA

 
8:45 am

Special Opening Panel on the Current State of the Leasing Market

Broker (business) & lawyer (legal) perspectives: Areas where perceptions of the opportunities and potential obstacles are in sync and areas where they diverge and have the potential to derail the transaction

Charles D. Jarrell, Esq., Program Co-Chair, Moderator
Allen Matkins Leck Gamble Mallory & Natsis LLP / Los Angeles, CA

Owen S. Solomon, Esq., Program Co-Chair
Shoreline, A Law Corporation / Santa Monica, CA

Stephen L. Bay, Vice Chairman
CBRE, Inc. / Los Angeles, CA

Christy M. Morcomb, Esq.
Shoreline, A Law Corporation / Santa Monica, CA

Tony Ranger
Madison Partners / Los Angeles, CA

David B. Stone, Esq.
Allen Matkins Leck Gamble Mallory & Natsis LLP / Los Angeles, CA

 
10:30 am

Break

 
10:45 am

The Growing Importance of Environmental Due Diligence

Consultant, insurer, and legal perspectives on the key current issues for evaluating and handling environmental issues

Eddie Arslanian, PE, Principal
Ramboll Environ / Los Angeles, CA

Peter A. Nyquist, Esq.
Greenberg Glusker Fields Claman & Machtinger LLP / Los Angeles, CA

Charity O'Sullivan, Senior Vice President - Client Executive
JLT Specialty USA / Los Angeles, CA

 
12:00 pm

Lunch (on your own)

 
1:15 pm

Early Stage Issues: Letters of Intent

Potential problems arising from casual drafting or getting into too much detail: Tips for fitting the approach and level of detail to the transaction; terms that should be binding; avoiding drafting errors that can lead to being bound to other terms

Jeff Kreshek, Vice President - Leasing West Coast
Federal Realty Investment Trust / El Segundo, CA

Mona Y. Oh, Esq.
Shoreline, A Law Corporation / Santa Monica, CA

John Sabourin, Tenant Representation and Corporate Real Estate Specialist
Tenant Guardian / Newport Beach, CA

 
2:30 pm

Break

 
2:45 pm

Operating Expenses: Negotiating the Provisions and Practical Auditing Tips

Pass through base lines and calculations; special operating expense issues for "green" leases and retrofitting buildings for higher-level LEED compliance; potential impact of specific inclusions vs. specific exclusions

Terry L. Barger, Principal
CyberLease, LLC / Irvine, CA

Raymond Rothfelder, Managing Director, U.S. Western Division
John Hancock Financial Services / Los Angeles, CA

Michael R. Udell, Esq.
Udell Wang LLP / Los Angeles, CA

 
4:00 pm

Bottom Line Issues: Accounting Treatment of Leases

Accounting rules and degrees of flexibility

Michael Bossi, Principal
RBZ, LLP / Los Angeles, CA

Yunna Weinzerl, CPA, MST
Armanino LLP / Los Angeles, CA

 
5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Allen Matkins Leck Gamble Mallory & Natsis LLP and Shoreline, A Law Corporation

 

Tuesday, February 09, 2016

8:30 am

Case Law Update on the Need for Clarity in Document Drafting

The parol evidence rule and recent case law implications: The broader array of evidence that may now be admitted in a misrepresentation case; implications for making promises to do things not contained in the lease agreement

Jules Zeman, Esq.
Dentons / Los Angeles, CA

 
9:00 am

Bankruptcy: Lease Drafting Lessons from the Recession

Tenants in trouble and landlords in trouble: Pre-bankruptcy foreclosure; reorganizations in bankruptcy actions; tenant in default beyond the mere eviction; how to draft a lease to minimize the bankruptcy risk; avoiding the midnight move

Michael H. Goldstein, Esq.
Goodwin Procter LLP / New York, NY

Brian D. Huben, Esq.
Katten Muchin Rosenman LLP / Los Angeles, CA

 
9:45 am

Litigation War Stories with Lessons for Resolving Leasing Disputes

Adapting to recent substantive decisions and avoiding tactical and procedural errors

Andrew J. Haley, Esq.
Shoreline, A Law Corporation / Santa Monica, CA

George Tim McDonnell, Esq.
Allen Matkins Leck Gamble Mallory & Natsis LLP / Los Angeles, CA

 
10:30 am

Break

 
10:45 am

Special Address: Judicial Perspective on Leasing Disputes That Go to Trial

Richard Stone, Esq., Judge (ret)
Superior Court of Los Angeles County / Beverly Hills, CA

 
11:15 am

Ethical Issues for Lawyers: Implications of Using the Open Web for Research

David V. Dilenschneider, Esq., Senior Director of Client Relations
LexisNexis / Centennial, CA

 
12:15 pm

Evaluations and Adjourn

 


Cost

Regular tuition for in person or webcast attendance for this program is $895 with a group rate of $670 each for two or more registrants from the same firm. For government employees, we offer a special rate of $595. For students, people in their job for less than a year, and public interest NGO's, our rate is $447.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

Financial aid is available to those who qualify. Contact our office for more information.

Continuing Education Credits

Live credits: Law Seminars International is a State Bar of California approved MCLE provider. This program qualifies for 10 California MCLE credits (including 1 ethics). Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.



Cancellation

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



Faculty Bios

Charles Jarrell, Program Co-Chair, partner, Allen Matkins Leck Gamble Mallory & Natsis LLP, focuses on commercial litigation, with an emphasis on business disputes and commercial fraud claims, including litigation. He guides his clients in real estate transactions, including leases and purchase and sales and is on the Board of the Ketchum-Downtown YMCA and Law Rocks!
Full bio and contact info for Charles D. Jarrell at Allen Matkins Leck Gamble Mallory & Natsis LLP

Owen S. Solomon, Shoreline, A Law Corporation (formerly known as Greenwald, Pauly & Miller), focuses on real estate transactions which involve the leasing, acquisition, disposition, design, development, construction, ownership and financing of local, regional, national and international real estate projects. He helps clients manage their risk and develop creative approaches for resolving problems.
Full bio and contact info for Owen S. Solomon at Shoreline, A Law Corporation

Richard Stone, formerly a Judge with the Superior Court of Los Angeles County, presided over unlimited jurisdiction civil cases, where he handled high-stakes cases in almost every type of civil dispute. He was the recipient of the "Trial Judge of the Year" in 2012 by the American Board of Trial Advocates.

Eddie Arslanian, PE, Principal, Ramboll Environ US Corporation, provides technical and management expertise in environmental consulting and engineering in order to aid clients in understanding their environmental liabilities and evaluating their risks. His clients include law firms, financial institutions, insurance companies, real estate developers and commercial and industrial businesses.

Terry L. Barger founded CyberLease LLC after serving as General Manager for several high-rise office buildings managed by LaSalle Partners in Southern California. He represents tenants to ensure operating expense lease compliance by their landlords.

Stephen L. Bay, Vice Chairman, CBRE, Inc., is a real estate advisor who represents tenants in lease transactions. He focuses on representation of office occupiers, with a specialization in the occupancy strategies of the world's law firms.

Michael Bossi, Principal in the Assurance Department, RBZ, LLP, provides audit, tax planning, due diligence and consulting services to the real estate and hospitality industries. His real estate experience includes commercial and residential developers, builders, shopping center operators and investors.

David V. Dilenschneider, Senior Director of Client Relations, LexisNexis, is a former litigator who consults with practitioners to discuss their challenges and needs. He co-wrote a chapter in Litigators on Experts: Strategies on Managing Expert Witnesses from Retention through Trial published by the ABA.

Michael H. Goldstein, partner, Goodwin Procter, Financial Institutions Group, Co-Chair of the Financial Restructuring Practice and a member of the firm's FinTech Practice, represents debtors, sponsors, bondholders, creditors, committees and purchasers of distressed assets.
Full bio and contact info for Michael H. Goldstein at Goodwin Procter LLP

Andrew J. Haley, Shoreline, A Law Corporation, is experienced litigating business, real estate and entertainment related disputes. He also guides clients in avoiding litigation whenever possible, and, when not possible, to make sure his clients are prepared to pursue their claims and defenses should litigation ensue.
Full bio and contact info for Andrew J. Haley at Shoreline, A Law Corporation

Brian D. Huben, partner at Katten Muchin Rosenman LLP, practices in commercial litigation, representation of creditors in bankruptcy, and retail shopping center owners, managers and developers.

Jeff Kreshek, Vice President of Leasing West Coast, Federal Realty Investment Trust, sources new retailer relationships, negotiates leases and lease related documents, and oversees third party real estate professionals. Previously, he was the Principal in charge of leasing for The CIM Group.

George T. ("Tim") McDonnell, partner, Allen Matkins Leck Gamble Mallory & Natsis LLP, focuses on real estate disputes, construction litigation, and commercial litigation. He is experienced representing both landlords and tenants in all types of lease disputes, including those related to retail and commercial leases, and disputes.
Full bio and contact info for George T. ("Tim") McDonnell at Allen Matkins Leck Gamble Mallory & Natsis LLP

Christy M. Morcomb, Shoreline, A Law Corporation, focuses on real estate transactions including leasing (retail, office and industrial), acquisition, disposition, development, and financing (including defeasance, forbearance and workout arrangements).
Full bio and contact info for Christy M. Morcomb at Shoreline, A Law Corporation

Peter A. Nyquist, partner, Greenberg Glusker Fields Claman & Machtinger LLP, focuses on federal and state contaminated sites, cost recovery and citizen suit litigation, water quality, regulatory agency proceedings, brownfield redevelopment, and transactional/diligence support.

Charity O'Sullivan, Senior Vice President - Client Executive, JLT Specialty USA, specializes in problem solving and guiding clients in developing an overall risk management program. She is responsible for leading service teams in the design, marketing, implementation, and administration of risk financing and transfer programs.

Mona Y. Oh, shareholder, Shoreline, A Law Corporation, focuses on real estate transactions including leasing, construction, ownership, finance, acquisition and disposition of all kinds of real estate projects.

Tony Ranger, partner, Madison Partners, secures high profile post-sale agency assignments, and assists in underwriting the ongoing sale assignments.

Raymond Rothfelder, Managing Director, John Hancock's Financial Services, U.S. Western Division, is responsible for overseeing the property management and leasing, including Class A CBD office, big box industrial, suburban office and multi tenant industrial properties.

John Sabourin, Tenant Representation and Corporate Real Estate Specialist, Tenant Guardian, focuses on protecting his clients from needlessly high occupancy costs through strategic planning, negotiation, and management, including planning for the future and unlocking capital through properly structured transactions.

David B. Stone, partner, Allen Matkins Leck Gamble Mallory & Natsis LLP, concentrates on real estate acquisitions, sales, development and leasing. He represents both landlords and tenants in office, retail, industrial, medical, shopping center and mixed-use projects.
Full bio and contact info for David B. Stone at Allen Matkins Leck Gamble Mallory & Natsis LLP

Michael R. Udell, partner, Udell Wang LLP, advises clients in the acquisition, development, leasing and management of retail, office industrial and mixed-use projects.

Yunna Weinzerl, CPA, MST, partner, Armanino LLP, consults with clients on tax-deferred exchanges, entity selection, structuring transactions to defer or minimize taxes, and tax credit analysis.

Jules Zeman, partner, Dentons, concentrates on product liability, tort litigation, and business litigation. He assists trial teams and outside law firms with pre-trial and trial strategy, important law and motion activity, and post-trial motions.