Law Seminars International Presents: The Second Annual Advanced Conference on

Commercial Real Estate Leases
Practical information on negotiating and enforcing commercial leases

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

September 17 & 18, 2007
The Gleacher Center in Chicago, IL

Who Should Order This Homestudy

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 Order

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 explained to assure 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 in this area. A must for anyone who needs to make important decisions in commercial leasing.

Program Co-Chairs: Stephen B. Bell, Esq. and Patrick G. Moran, Esq.

What You Will Learn

Agenda

Monday, September 17, 2007

8:00 am

Registration & Continental Breakfast

 
8:30 am

Introduction & Overview

Stephen B. Bell, Esq., Program Co-Chair
Goldberg Kohn / Chicago, IL

Patrick G. Moran, Esq., Program Co-Chair
Sonnenschein Nath & Rosenthal LLP / Chicago, IL

 
8:45 am

Negotiating Key Lease Provisions

Perspectives on the best current thinking on negotiating and drafting leases Landlord's perspective

Stephanie B. Shellenback, Esq.
Drinker Biddle Gardner Carton / Chicago, IL

Tenant's perspective

Alvin Katz, Esq.
Mayer, Brown, Rowe & Maw LLP / Chicago, IL

Lender's perspective

Walter D. Cupkovic, Esq.
Thompson Coburn Fagel Haber / Chicago, IL

 
10:00 am

Break

 
10:15 am

Urban and Suburban Current Market Conditions

Office leasing

David J. Gelfand, Esq., Executive Managing Director
Studley Inc. / Chicago, IL

Industrial leasing

Wayne S. Gilmartin, Esq., President
SJ Investments / Chicago, IL

 
11:15 am

Green Leases

LEED certification for tenants from site selection, lease negotiations, buildout and move, to ongoing facility operations

Deborah M. Kuo, Director, Real Estate
Exelon Corporation / Chicago, IL

 
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

Arthur E. Pape, Esq.
The Pape Law Firm / Wheaton, IL

Linda B. Price, Senior Managing Director
Mesirow Financial Holdings, Inc. / Chicago, IL

 
2:30 pm

Sale-Leaseback and Triple Net Leasing

Financibility; single building leases; bond leases

Thomas C. Homburger, Esq.
Bell, Boyd & Lloyd LLP / Chicago, IL

 
3:15 pm

Break

 
3:30 pm

Non-Judicial Dispute Resolution in Today’s Commercial Real Estate Leases

Special needs and objectives of landlords and tenants; pros and cons of baseball arbitration; examples of common lease arbitration clauses and procedures

Patrick G. Moran, Esq., Program Co-Chair
Sonnenschein Nath & Rosenthal LLP / Chicago, IL

 
4:15 pm

Making the Deal Happen and Avoiding the Deal Killers

Base rent; annual escalations; free rent; pass-throughs of operating expenses and real estate taxes; tenant allowances; parking fees; landlord fees; gross leases vs. net leases; hidden costs; lease renewals; termination fees

Holly K. Duran, Owner and Principal
Holly Duran Real Estate Partners LLC / Chicago, IL

William R. Rolander, Jr., Principal
The John Buck Company / Chicago, IL

 
5:30 pm

Reception for Faculty and Attendees Sponsored by Goldberg Kohn and Sonnenschein Nath & Rosenthal LLP

 

Tuesday, September 18, 2007

8:00 am

Registration & Continental Breakfast

 
8:30 am

Tax and GAAP

Treatment of free rent periods; pre-commencement occupancy periods

Stephen B. Bell, Esq., Program Co-Chair
Goldberg Kohn / Chicago, IL

 
9:00 am

Retail and Shopping Center Leases

A discussion of challenging problematic situations and how the solutions differ for retail and shopping center leases; assignment of retail leases; how tenants form leases; new development

Ira Fierstein, Esq.
Seyfarth Shaw LLP / Chicago, IL

Biff Ruttenberg, CLS, SCSM, President
Atlas Partners, LLC / Chicago, IL

 
10:15 am

Break

 
10:30 am

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

Donald I. Resnick, Esq.
Jenner & Block LLP / Chicago, IL

 
11:15 am

Commercial Ground Leases

Types of ground leases; subordination provisions; non-disturbance agreements for tenants; controls retained by ground lessor; key provisions

James B. Rosenbloom, Esq.
Goldberg Kohn / Chicago, IL

 
12:00 pm

Lunch (on your own)

 
1:15 pm

Remedies and Enforcement

Enforceability of particular lease provisions; unlawful detainer actions (with forms) and other enforcement remedies; dealing with abandonment; handling of security deposits; mitigation of damages; enforcement of Illinois landlords' lien

David J. Siegel, Esq.
Sidley Austin LLP / Chicago, IL

 
2:00 pm

Assignments & Subleases

When landlord's consent is not needed; standards for landlord's consent; recapture rights; splitting of profits; termination rights; assumption of leases in bankruptcy

Janet M. Johnson, Esq.
Schiff Hardin LLP / Chicago, IL

 
2:45 pm

Break

 
3:00 pm

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

Mona E. Dajani, MBA, Esq.
Sonnenschein Nath & Rosenthal LLP / Chicago, IL

 
3:45 pm

Tax and Operating Expenses in Retail Leases

What to include and exclude in operating expenses; determining the tenant pro rata share; audit rights; contesting real estate taxes; capital improvements; special issues in mixed use centers

M. Rosie Rees, Esq.
Pircher Nichols & Meeks / Chicago, IL

 
4:30 pm

Evaluations & Adjourn

 

Cancellation

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

Continuing Education Credits

This program qualifies for 13.25 IL CLE credits. Upon request, we will apply for CLE credits in other states and other types of credits.

Cost

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

Stephen B. Bell, Program Co-Chair, principal at Goldberg Kohn, is a firm founder and chairs the Real Estate Group. He has dealt with legal problems affecting real estate from many perspectives, including the documentation of all manner of real estate transactions, financial and tax structuring, and litigation, including mortgage foreclosures and workouts. He is listed in "The Best Lawyers in America."
Full bio and contact info for Stephen B. Bell at Goldberg Kohn

Patrick G. Moran, Program Co-Chair, a partner at Sonnenschein Nath & Rosenthal LLP, handles commercial real estate and related financing matters, with a special emphasis on development, leasing, joint ventures and non-traditional financing. He has worked extensively for major office developers, landlords and tenants in the development and leasing of over 12,000,000 square feet of office space.

Walter D. Cupkovic is a partner at Thompson Coburn Fagel Haber and chair of the Real Estate and Real Estate Tax Assessment Departments. His practice includes the acquisition, development and sale of commercial, industrial and residential properties. He is an "Illinois Super Lawyer."

Mona E. Dajani, partner at Sonnenschein Nath & Rosenthal LLP, is engaged in the financing, negotiation, evaluation and documentation of development, design and high profile construction projects with a value of more than $6 billion. She is listed in "Who's Who in International Business" and "International Who's Who of Mining Lawyers."

Holly K. Duran is one of the country's most influential women in tenant representation. As the owner and principal of Holly Duran Real Estate Partners LLC, she has spearheaded lease negotiations for more than ten million square feet of space, consistently achieving highly aggressive, flexible transactions.

Ira Fierstein, partner at Seyfarth Shaw LLP, has significant experience counseling national developers, shopping center owners, limited liability companies and partnerships concerning investments in office, retail, industrial, telecommunications, residential and mixed-use properties in the U.S., Canada and Europe.

David J. Gelfand is Executive Managing Director at Studley Inc., where he has negotiated leases representing more than six million square feet of space on behalf of commercial space users. He concentrates on negotiating innovative and creative office transactions for major corporations, law firms, financial services and consulting firms.

Wayne S. (Skip) Gilmartin is President of SJ Investments. He has been involved as a principal in the acquisition and development of residential condominium projects and industrial buildings in the Chicago area and also in companies that operate construction businesses and acquire land for development in the Sarasota/Bradenton area of Florida.

Thomas C. Homburger is a partner at Bell, Boyd & Lloyd LLP in the Real Estate Department. His practice is concentrated in the area of real estate financing, development and investment, and he is noted for his experience in sale/leaseback transactions and the use of advanced financing techniques. He is an "Illinois Super Lawyer."

Janet M. Johnson, partner at Schiff Hardin LLP, concentrates her practice in commercial real estate transactions and general corporate matters. She represents clients in negotiating purchases, sales, leases, and financings for commercial real estate and land development projects. She is an "Illinois Super Lawyer."

Alvin Katz, partner at Mayer, Brown, Rowe & Maw LLP, represents real estate investors and developers in acquisition, disposition and joint ventures, real estate development, finance, management and leasing partnerships. He is listed in "Chambers USA" and "The Best Lawyers in America", and is an "Illinois Super Lawyer."

Deborah M. Kuo, Director, Real Estate, at Exelon Corporation, focuses on providing portfolio strategy, asset and transactions management, lease/records administration, occupancy management property management, and property tax management services.

Arthur E. Pape of The Pape Law Firm, represents developers, lenders and investors in the development, financing, construction, leasing and operation of large office buildings, shopping centers, hotels and multi-use projects. He is listed in "Best Lawyers in America" and has been one of the "Top 100 Illinois Super Lawyers" for two consecutive years.

Linda B. Price, Senior Managing Director at Mesirow Financial Holdings, Inc. specializes in securing and maintaining insurance programs for large, commercial corporations and organizations. She has experience in crafting risk management programs for real estate, manufacturing, healthcare and financial institutions.

M. Rosie Rees, is a partner at Pircher, Nichols & Meeks in the real estate department. She specializes in shopping center leasing on behalf of both landlords and tenants.

Donald I. Resnick, partner at Jenner & Block LLP, is Chair of the Real Estate Practice and Co-Chair of the Real Estate Securities Practice. He focuses on financing, development, construction and corporate real estate services. He is named in "Chambers USA" and "The Best Lawyers in America", and is an "Illinois Super Lawyer."

William J. Rolander, Jr., a Principal at The John Buck Company and part of the Management Group co-leads his team in the leasing of several office assets. He has worked on such projects as One North Wacker, Prairie Stone's Two Park Center, Oak Brook's York Center, 333 West Wacker Drive the leasing of 200 South Wacker Drive and a new Oak Brook development.

James B. Rosenbloom is a founder of Goldberg Kohn and a principal in the Real Estate Group. His experience includes acquisitions and dispositions, mortgage financing, construction financings, commercial and synthetic leasing, and sale-leaseback transactions. He is listed in "The Best Lawyers in America."
Full bio and contact info for James B. Rosenbloom at Goldberg Kohn

Biff Ruttenberg is President of Atlas Partners, LLC. His experience is in retail development, redevelopment, management and leasing. He focuses on consulting to asset-based lenders, institutions and other users of commercial space, specializing in workouts, turnarounds, dispositions, and maximizing the value of difficult properties.

Stephanie B. Shellenback, partner at Drinker Biddle Gardner Carton, is a member of the Real Estate and Environmental Practice Groups. Her practice has an emphasis on the representation of office landlords in asset management and leasing activities.

David J. Siegel, partner at Sidley Austin LLP in the Real Estate group, focuses on real estate acquisition, disposition and leasing transactions. He has represented clients in build-to-suit office building and warehouse/distribution center leasing, development projects, sale-leaseback transactions and multi-state acquisitions.

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