Law Seminars International Presents

An Advanced Two-Day Conference on

Commercial Real Estate Leases

Practical information on negotiating and enforcing commercial leases

November 5 & 6, 2007
Crowne Plaza Hotel San Diego - Mission Valley in San Diego, CA
Register      Download PDF Brochure

Who Should Attend

Attorneys, lenders, 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 Attend

This seminar will provide insightful, practical information useful to real estate lawyers, brokers, lenders, landlords, and tenants in negotiating and enforcing commercial leases. Basic concepts are reviewed to ensure that those with less experience are not left behind, but the panel discussion and presentations quickly extend into more sophisticated nuances, often providing specific suggestions for lease provisions and ways to handle particular issues that frequently arise in negotiations and during the tenancy. The use of examples allows participants to apply the concepts to real world situations based on the knowledge of experienced real estate lawyers, leasing agents and other professionals. A must for anyone who needs to make important decisions in commercial leasing. ~ Program Co-Chairs: Peter Aitelli, Esq. and Scott L. Grossfeld, Esq.

What You Will Learn

~Negotiating key lease provisions ~Build-to-suit and construction matters, including ways to guard against problems ~Issues arising from mixed-use developments ~Financing and insurance considerations for commercial leases ~Estoppel certificates; assignment and subletting process ~Environmental law: Concerns and remedies; dealing with Brownfields ~Ethics rules ~Bankruptcy amendments that changed the leasing playing field ~Special lease situations ~The dance of negotiation: what you really care about, what you trade and the balance of power issues

What Attendees Have Said About Similar Programs

~ ~ This seminar was very informative and I felt I gained valuable knowledge ~ Great informative seminar!

Agenda

Monday, November 05, 2007

8:00 am Registration and Continental Breakfast
8:30 am Introduction and Overview
  Peter Aitelli, Esq., Program Co-Chair
Morrison & Foerster LLP / San Francisco, CA
  Scott L. Grossfeld, Esq., Program Co-Chair
Cox Castle & Nicholson LLP / Los Angeles, CA
8:45 am Negotiating Key Lease Provisions and Making the Deal Happen
  Perspectives on the best current thinking on negotiating and drafting leases; practical tips for recognizing and avoiding potential deal-killers, from letter of intent to move-in
  Scott L. Grossfeld, Esq., Program Co-Chair
Cox Castle & Nicholson LLP / Los Angeles, CA
9:30 am Build-to-Suit and Construction Matters
  Drafting work letters in leases; liens; releases and waivers; ways to guard against problems and avoid risks; delivery issues and remedies
  Janet L. Petersen, Vice President of Development Services
Donahue Schriber / Costa Mesa, CA
10:15 am Break
10:30 am The New Mix of Issues Arising from the Trend Towards More Mixed-Use Developments
  Common Area Maintenance (CAM); percentage rent issues; exclusives, radius, co-tenancy, and out-parcel issues; emergence of lifestyle considerations
  Nancy T. Scull, Esq.
Luce, Forward, Hamilton & Scripps LLP / San Diego, CA
11:15 am Financing Considerations for Lease Negotiations
  Landlord/waivers and consents with regard to tenant financing; Subordination, Non-Disturbance and Attornment Agreements (SNDA); financing issues
  Daniel J. Villalpando, Esq.
Cox Castle & Nicholson LLP / Los Angeles, CA
12:00 pm Lunch (on your own)
1:15 pm Insurance Considerations for Commercial Leases
  Drafting and negotiating leases to address issues of insurance, waivers, indemnities, exculpation clauses and subrogation waivers and evaluating how those provisions relate to each other
  John R. Musitano, Jr., Esq.
Cox Castle & Nicholson LLP / Los Angeles, CA
2:00 pm Estoppel Certificates; Assignments and Subletting
  Legal significance of estoppels; reciprocal estoppels; problems with landlord & lender estoppel forms; assignment & subletting process, including standards, timing, conditions & cost of consent; profit entitlement; assignor liability; recapture rights
  Alan J. Zuckerman, Esq.
Musick Peeler & Garrett LLP / San Diego, CA
3:00 pm Break
3:15 pm Emerging Issues in Environmental Law: Concerns and Remedies
  New cases on cleanup liability; allocation of liability; revised policy on DOE's "No Further Action" letters; indoor air toxicity; stormwater management; mold
  Greggory C. Brandt, Esq.
Wendel, Rosen, Black & Dean LLP / Oakland, CA
4:00 pm Issues in Ethics Rules
  Guidelines for transactional attorneys and litigators
  Pamela Phillips, Esq.
Howard Rice Nemerovski Canady Falk & Rabkin / San Francisco, CA
5:00 pm End of Day

Tuesday, November 06, 2007

8:00 am Registration and Continental Breakfast
8:30 am Bankruptcy: An Update on Amendments that Changed the Leasing Playing Field
  Jeffrey N. Pomerantz, Esq.
Pachulski Stang Ziehl Young Jones & Weintraub / Los Angeles, CA
  Ivan Gold, Esq., Of Counsel
Allen Matkins Leck Gamble Mallory & Natsis LLP / San Francisco, CA
  Julie Minnick Bowden, Senior Bankruptcy Paralegal
General Growth Properties, Inc. / Chicago, IL
9:15 am The Dance of Negotiation: What You Really Care About; What You Trade; Balance of Power Issues
  Time-consuming, over-negotiated, and problem clauses; cancellation terms; tenant improvements; delays in delivery of the premises; exclusions from operating costs; assignments; subleases; indemnities; insurance; differing issues for differing use types
  Louis Raymond, Esq., Vice President and General Counsel
The Irvine Company Retail Properties / Irvine, CA
  Alan D. Aronson, Esq.
Aronson Light LLP / Encino, CA
10:30 am Break
10:45 am Special Issues for Dealing with Brownfields
  Stuart I. Block, Esq.
Cox Castle & Nicholson LLP / San Francisco, CA
  Peter J. Niemiec, Esq.
Law Offices of Peter Niemiec / Manhattan Beach, CA
12:00 pm Lunch (on your own)
1:00 pm Quick Takes on Special Lease Situations
  Peter Aitelli, Esq., Program Co-Chair, Moderator
Morrison & Foerster LLP / San Francisco, CA
  Food service
  Cheryl A. Dow, Esq.
The Dow Law Office / Santa Ana, CA
  Research and development facilities
  Derek Boswell, Esq.
Morrison & Foerster LLP / San Francisco, CA
  Office space, industrial and retail
  Lee A. Edlund, Esq.
Allen Matkins Leck Gamble Mallory & Natsis LLP / San Francisco, CA
  Shopping centers
  Louis Raymond, Esq., Vice President and General Counsel
The Irvine Company Retail Properties / Irvine, CA
2:30 pm Evaluations and Adjourn

Tuition

Regular tuition for this program is $895 with a group rate of $795 each for two or more registrants from the same firm. For government employees, we offer a special rate of $695. For students and people in their job for less than a year, 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.

Cancellation & Substitution

You may substitute another person at any time. We will refund tuition, less a $50 cancellation fee, if we receive your cancellation by 5:00 p.m. on Tuesday, October 30, 2007. After that time, we will credit your tuition toward attendance at another program or the purchase of a Homestudy. There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders.

Continuing Education Credits

Law Seminars International is a State Bar of California approved MCLE provider. This program qualifies for 11.5 California MCLE credits, including 1 ethics credit. Upon request, we will apply for CLE credits in other states and other types of credits.

Location

The conference will be held at the Crowne Plaza Hotel San Diego - Mission Valley at 2270 Hotel Circle North in San Diego, CA 92108. Call the hotel directly at (619) 297-1101 for reservations and mention that you are attending a Law Seminars International conference for a negotiated rate of $159 per night. Rooms are on a first come, first served basis.
More about the Location
Map & Directions

If You Cannot Attend

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $905. 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

Peter Aitelli, Program Co-Chair, partner at Morrison & Foerster LLP, represents domestic and foreign clients in real estate transactions focusing on real estate acquisitions, sales, financing, and leasing. He is experienced in secured real estate finance transactions, wraparound financing, and complex multi-state real estate-secured credit facilities.

Scott L. Grossfeld, Program Co-Chair, partner at Cox Castle & Nicholson LLP, focuses on retail development and commercial leasing and specializes in representing commercial developers with shopping center development. He is a lecturer/panelist for Commercial Real Property Leases and Drafting and Negotiating Office Leases for the California Continuing Education of the Bar.

Alan D. Aronson, founding member of Aronson Light LLP, practices real estate law with a focus on retail and restaurant leasing within shopping centers, hotels and resorts, office buildings and other mixed-use projects.

Stuart I. Block, partner at Cox Castle & Nicholson LLP, focuses on environmental law, particularly Brownfields redevelopment and related litigation. He is on the National Environmental Subcommittee of the National Association of Industrial and Office Properties.

Derek Boswell is an attorney with Morrison & Foerster LLP and focuses on research and development, office, retail, and biotechnology leases, lease workouts, and tenant bankruptcy issues.

Greggory C. Brandt, attorney with Wendel, Rosen, Black & Dean LLP, assists clients with environmental compliance matters, due diligence and complex litigation with an emphasis in environmental and business disputes. Previously he was a chemical engineer with the Environment, Health and Safety Department of Texaco Refining and Marketing, Inc.

Cheryl A. Dow, real estate attorney with The Dow Law Office, represents both landlords and tenants in the preparation and negotiation of commercial leases, mostly in the shopping center context. Clients include shopping center developers and restaurant tenants.

Lee A. Edlund, partner at Allen Matkins Leck Gamble Mallory & Natsis LLP, practices in the firm's Commercial Project Management Practice Group in commercial leasing and real estate acquisitions, dispositions and development. He represents both landlords and tenants in the preparation, negotiation and review of office leases, including major corporate headquarters, retail and shopping center leases, ground leases, and related documentation.

Ivan Gold, of counsel at Allen Matkins Leck Gamble Mallory & Natsis LLP, focuses on real estate-related litigation and contested matters and adversary proceedings in bankruptcy court. He represents shopping center developers and office landlords in bankruptcy proceedings.

Julie Minnick Bowden is a Senior Bankruptcy Paralegal at General Growth Properties, Inc., the second largest REIT. GGP owns, develops, operates, and/or manages shopping malls, community centers, mixed-use projects and master planned communities.

John R. Musitano, a litigation attorney at Cox Castle & Nicholson LLP, focuses on representing developers, homebuilders and property owners in complex insurance, real estate and construction litigation and development risk management matters.

Peter J. Niemiec, in private practice at the Law Offices of Peter Niemiec, focuses on real estate transactional and environmental matters, emphasizing Brownfields development, purchases and sales, commercial and industrial leases, contaminated property investigations and cleanups. He is Chair of the Land Use and Environmental Committee for the Los Angeles County Bar Association's Real Estate Section.

Janet L. Petersen, Vice President of Development Services with Donahue Schriber, oversees design, construction and entitlement for the company's new development portfolio. She is a licensed architect in the State of California, a member of the International Council of Shopping Centers (ICSC) and previous program committee member.

Pamela Phillips, director with Howard Rice Nemerovski Canady Falk & Rabkin's Litigation Department and co-chair of the Professional Liability Practice Group, focuses on attorney liability, legal ethics, legal malpractice, law firm risk management and complex business litigation. She was named one of the premier legal malpractice defense lawyers in the state by "California Lawyer" and has taught professional responsibility at University of California at Berkeley, Boalt Hall School of Law.

Jeffrey N. Pomerantz, attorney with Pachulski Stang Ziehl Young Jones & Weintraub, represents companies in complex in and out-of-court financial restructurings, with expertise in the restaurant and retail sectors. He is a member of the national Board of Directors of the American Bankruptcy Institute and has an AV Peer Rating from Martindale-Hubbell.

Louis Raymond is Vice President and General Counsel of The Irvine Company Retail Properties.

Nancy T. Scull, partner at Luce, Forward, Hamilton & Scripps LLP, focuses on commercial, industrial, retail and residential developers in all real property transactions, including mixed-use developers. She is named in "The Best Lawyers in America" and in "Southern California Super Lawyers - San Diego" and selected as one of the 500 lawyers in America as "New Stars" for 2006 by Lawdragon.

Daniel J. Villalpando, partner at Cox Castle & Nicholson LLP, focuses on retail development and commercial leasing, specializing in representing commercial developers shopping center development. He is co-author of "Retail Leasing: Drafting and Negotiating the Lease".

Alan J. Zuckerman, partner at Musick Peeler & Garrett LLP, is chair of the firm's Business and Real Estate Practice Group. He focuses on real estate and business transactions, specializing in commercial real estate lease negotiations.