Law Seminars International Presents: The 27th Annual Advanced Conference on

Commercial Real Estate Leases
Practical tips and strategies for negotiating and enforcing commercial leases in the current market

December 2 & 3, 2015
WSCC The Conference Center in Seattle, WA
Anyplace you may be via webcast!

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Who Should Attend

Attorneys, landlords, tenants, brokers, lenders, property managers, and other real estate professionals who are involved in landlord/tenant relationships, and others charged with negotiating, documenting and solving challenging lease transactions

Why You Should Attend

The Annual Leasing Conference will provide insightful, practical information useful to real estate business representatives, attorneys, brokers, lenders, and other professionals in negotiating, documenting and enforcing commercial leases. Particular attention will be given to topics that are especially relevant in today's real estate environment, including market and business trends, the impact of technology and Seattle's real estate market recovery from the decline of the late 2000's. By offering unique perspectives from industry experts in areas such as retail and industrial leasing, insurance, and litigation matters, the program will provide valuable and practical tips and strategies for resolving issues that are commonly encountered in lease transactions, but not always fully understood by the parties.

A distinguished faculty of leading brokers, owners, attorneys and other professionals involved in leasing matters will bring you up-to-date on demand for space; rate changes; trends in new commercial development; and spec leasing for new construction. You will hear about the current use of insurance to mitigate risk; anticipating problems in construction work letters; lease provisions for cannabis operations; leasing data centers; best practices for defaults and remedies; and ethical issues for lawyers in commercial leasing situations. The use of examples allows participants to apply concepts to real world situations. Now in its 27th year, this program continues to be updated and refined. Do not miss this annual gathering of the Region's leading commercial real estate leasing professionals.

~ Program Co-Chairs: John A. Fandel, Esq., Foster Pepper PLLC, and Richard A. Moore, Esq., Pacifica Law Group LLP

What You Will Learn

What Attendees Have Said About Similar Programs


Wednesday, December 02, 2015

8:00 am

Registration Opens

8:30 am

Introduction and Overview

John A. Fandel, Esq., Program Co-Chair
Foster Pepper PLLC / Seattle, WA

Richard A. Moore, Esq., Program Co-Chair
Pacifica Law Group LLP / Seattle, WA

8:45 am

Owner Perspectives on Leasing in the Current Market

An in-depth discussion of demand for major types of commercial space today: Trends going forward with respect to vacancies, rate changes and timing for new commercial development and build-to-suits

Richard A. Moore, Esq., Program Co-Chair
Pacifica Law Group LLP / Seattle, WA

Stephen Penn, Managing Director, Investor Services
CBRE, Inc. / Seattle, WA

William Leedom, Director of Investments
Talon Private Capital / Seattle, WA

Jeanette L. Henderson, Executive Director of Real Estate
UW Real Estate Office / Seattle, WA

10:00 am


10:15 am

Ground Leases

Essentials of drafting and negotiating ground leases, with a focus on the key differences between ground leases and space leases

Thomas E. Dixon, Esq., Principal
Fikso Kretschmer Smith Dixon Ormseth PS / Seattle, WA

11:00 am

The Current Most Contested Issues in Negotiating Lease Provisions

Tenant and landlord perspectives on key lease provisions that are frequently negotiated: How to find compromises to settle difficult negotiations and how lease provisions tie together

John A. Fandel, Esq., Program Co-Chair
Foster Pepper PLLC / Seattle, WA

Richard A. Moore, Esq., Program Co-Chair
Pacifica Law Group LLP / Seattle, WA

12:00 pm

Lunch (on your own)

1:15 pm

Construction and Work Letters

Current business drivers for construction and work letter issues

Pam Hirsch, Senior Investment Director
Schnitzer West, LLC / Seattle, WA

Legal perspective on problems to anticipate; drafting tips to achieve the right balance between flexibility and certainty in the work letter

Jennifer D. Cobb, Esq.
Jameson Babbitt Stites & Lombard PLLC / Seattle, WA

2:15 pm

Spec Leasing and New Construction: Addressing the Additional Risk of Leasing in Buildings That Won't Be Built Until Some Time in the Future

Exploring the issues and terms to consider when trying to predict a somewhat uncertain future, and the importance of the Letter of Intent

John R. McDowall, Esq.
Carney Badley Spellman PS / Seattle, WA

3:00 pm


3:15 pm

Leasing Issues for Data Centers

Negotiating tips for a unique class of real estate

Seth P. Gustafson, Esq.
Van Ness Feldman LLP / Seattle, WA

4:00 pm

Special Issues for Negotiating Retail Leases

Landlord's perspective on exclusives; limits on uses; commencement and termination terms; operating covenants; common area maintenance charges; assignments and subleases; other issues

Anne DeVoe Lawler, Esq., Managing Member
Jameson Babbitt Stites & Lombard PLLC / Seattle, WA

Tenant's perspective

Thomas S. James, Jr., Esq.
Opus Law Group PLLC / Seattle, WA

5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Foster Pepper PLLC and Pacifica Law Group LLP


Thursday, December 03, 2015

8:30 am

Introduction to Day 2

John A. Fandel, Esq., Program Co-Chair
Foster Pepper PLLC / Seattle, WA

Richard A. Moore, Esq., Program Co-Chair
Pacifica Law Group LLP / Seattle, WA

8:45 am

Leading Broker's Panel on Today's Leasing Market

How have the challenges and opportunities evolved in the past year?

John A. Fandel, Esq., Program Co-Chair
Foster Pepper PLLC / Seattle, WA

Landlord perspective

Laura Ford, Senior Vice President
Colliers International / Seattle, WA

Retail property considerations

Susan Zimmerman, Senior Vice President, Partner, Retail
Kidder Mathews / Seattle, WA

Industrial property considerations

Patricia J. Loveall, SIOR, Senior Vice President, Partner
Kidder Mathews / Tukwila, WA

10:00 am


10:15 am

Commercial Leasing Defaults and Remedies

Lessons from recent litigation: Unlawful detainer actions, breach of lease claims by landlords and tenants and other litigation; drafting tips for issues frequently encountered in tenant and landlord defaults

Christopher I. Brain, Esq.
Tousley Brain Stephens PLLC / Seattle, WA

Brian J. Danzig, Esq., Director, Corporate Counsel
Starbucks Coffee Company / Seattle, WA

11:15 am

Crunching the Numbers

Rent formula deals and reverse engineering lease rates

Craig E. Kinzer, Esq., Founder
Kinzer Partners / Seattle, WA

12:00 pm

Lunch (on your own)

1:15 pm

Commercial Leases and Marijuana

Updates on related issues and considerations

Hilary Bricken, Esq.
Canna Law Group / Seattle, WA

2:15 pm

The Current Use of Insurance to Mitigate Risk in Commercial Leases

Recent cases and liability; effective and problematic contractual provisions to govern application of insurance proceeds following a casualty

Dwight W. Jarvis, CIC, Account Executive
Parker Smith & Feek / Bellevue, WA

Drafting tips for risk management clauses: Translating client desires into workable language; determining what's negotiable and getting to "yes"

Douglas J. Smart, Esq., General Counsel
Clise Properties / Seattle, WA

3:15 pm


3:30 pm

Ethics: Leases, Lawyers, and Lies

An exploration of the ethics in being less than fully truthful

Joshua M. King, Esq., Vice President and General Counsel
Avvo Inc / Seattle, WA

4:30 pm

Evaluations and Adjourn


Time Shift Your Content

Order Homestudy


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: This program qualifies for 12.5 WA CLE (including 1 ethics). Washington RE 14.5 CH credits Live Attendance Only (C10022.) Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.


The conference will be held at the WSCC The Conference Center at Northeast corner of 8th Avenue at Pike in Seattle, WA 98101. Sleeping rooms are available at The Roosevelt Hotel for $139/night. Call the hotel & ask for Matthew Cobb at 206-264-2002, or email him at; and mention Law Seminars.
More about the Location
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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 Thursday, November 26, 2015. After that time, we will credit your tuition toward attendance at another program or the purchase of a webcast or audio replay.

Faculty Bios

John A. Fandel, Program Co-Chair, partner, Foster Pepper PLLC, Chair of the Real Estate and Land Use Practice Group, focuses on commercial leasing in all industry sectors, including drafting and reviewing of long-term ground leases, build-to-suit transactions, sales, sale-leaseback transactions, loan transactions, subleases, lease assignments and assumptions.
Full bio and contact info for John A. Fandel at Foster Pepper PLLC

Richard A. Moore, Program Co-Chair, partner, Pacifica Law Group LLP, counsels clients in commercial leasing and real property transactions. He represents landlords and tenants in complex retail, office, industrial, telecommunications, life sciences, and other specialty leases.

Christopher I. Brain, partner, Tousley Brain Stephens PLLC, focuses on real property, commercial and class action litigation including purchase agreement disputes; specific performance and foreclosure actions; restrictive use covenants and construction; ownership and management of closely held businesses.

Hilary Bricken, attorney, and Chair, Regulated Substances Practice Group, Canna Law Group, a practice group of Harris Moure, assists clients with the increasingly confusing and murky legal climate of state and local cannabis laws.

Jennifer D. Cobb, partner, Jameson Babbitt Stites & Lombard PLLC, represents developers, owners, users, purchasers and lenders in all aspects of real estate transactions, including development, leasing, sales and acquisitions, entity formation and financing. She is a Super Lawyer and in Best Lawyers.

Brian J. Danzig, Director, Corporate Counsel, Starbucks Coffee Company, advises Starbucks and Teavana Corporation in real estate and related business transactions.

Thomas E. Dixon, principal, Fikso Kretschmer Smith Dixon Ormseth PS, practices in real estate purchases and sales; commercial and ground leases; construction contracts; architect agreements; integrated project delivery; real estate finance; joint ventures and LLCs. He is a Seattle Best Lawyer.

Laura Ford, Senior Vice President, Colliers International, specializes in representing institutional landlords. She has represented some of the largest buildings in the region, and negotiated high profile leases with companies such as Amazon, Facebook, Zulily, Oracle, and Twitter.

Seth P. Gustafson, Esq., partner, Van Ness Feldman LLP, focuses on commercial real estate loans, acquisitions, and leases, including complex build-to-suit and other leases of large distribution facilities, data centers, call centers and offices. He is in Best Lawyers.

Jeanette L. Henderson, Executive Director, Real Estate, University of Washington, handles property transactions, asset and project management, finance and accounting, for all three campuses, medical centers, research field stations, off-campus and international locations.

Pam Hirsch, Senior Investment Director, Schnitzer West, LLC, leads the company's investment team in the acquisition and development of properties in the Puget Sound region and provides oversight and strategic direction to Schnitzer's Asset Operations Department.

Thomas S. James, Jr., founder and leader of the Retail Practice Group and Litigation Practice Group, Opus Law Group PLLC, represents retail chains on retail leasing, licensing, purchase and sale transactions, mergers, operations, dispute resolution, and insurance coverage. He is a Super Lawyer.

Dwight W. Jarvis, CIC, Parker Smith & Feek, Inc., is responsible for developing insurance and risk management programs. He focuses on structuring programs for mixed-use, commercial, retail, industrial and residential exposures, and "wrap-up" insurance.

Joshua M. King, General Counsel and Vice President Corporate Development Avvo, Inc., was previously Director of Business Development Clearwire, Vice President Corporate Development at AT&T Wireless, and General Counsel Cellular One of San Francisco.

Craig E. Kinzer, Founder, Kinzer Partners, focuses on real estate including The Bill and Melinda Gates Foundation global headquarters, Russell Investments Center, Safeco Field, Benaroya Hall, Key Tower/City Hall/Justice Center, Seattle Children's Research Institute, and Starbucks global headquarters.

Anne DeVoe Lawler, managing member, Jameson Babbitt Stites & Lombard PLLC, focuses on real property purchase and sale agreements; exchange agreements; leases; commercial loan documents; opinion letters; organizational documents; easements and development agreements. She is in Best Lawyers, Chambers USA and Super Lawyers.

William ("Bill") Leedom is an Investment Director at Talon Private Capital. He is experienced in real estate acquisition, management and development. He has worked on projects across asset classes, United States geographies and return profiles.

Patricia J. Loveall, SIOR, Senior Vice President and Partner at Kidder Mathews, specializes in corporate real estate services, including leasehold, fee acquisitions and dispositions.

John R. McDowall, shareholder, Carney Badley Spellman PS, Chairs the Business Group and Co-Chairs the Real Estate Practice Group. He focuses on real estate, business transactions and construction matters.

Stephen Penn, Managing Director of Investor Services, CBRE, Inc., is responsible for 250 management, engineering and agency leasing professionals within CBRE's institutional business lines.

Douglas J. Smart is General Counsel, Clise Properties, which develops, owns and manages commercial properties in Washington and Oregon. He frequently speaks and writes on commercial real estate and financing matters, including "Project Financing" in the Washington Real Property Deskbook Series.

Susan Zimmerman, Senior Vice President, Partner, Retail, Kidder Mathews, focuses on commercial real estate and is considered one of the top retail specialists in Seattle, known for her experience in regional retail activity.