Practical Strategies for Real Estate Acquisition, Disposition, and Ownership

Transcription

1 Real Estate / Land Use 44th Annual Advanced ALI-ABA Course of Study and Live Video Webcast American Law Institute American Bar Association Continuing Leadership in Professional Education Modern Real Estate Transactions Practical Strategies for Real Estate Acquisition, Disposition, and Ownership Wednesday-Friday, July 18-20, 2012 San Francisco (Bar Association of San Francisco (BASF) Conference Center) Live Video Webcast THE course for commercial real estate attorneys and other professionals who need solid, practical advice from experts to steer clients through a challenging real estate market Taught by our panel of nationally recognized experts, this course: Updates you on current law and offers practical tips to apply to your practice immediately, particularly in a down market Examines today s topsy-turvy world of financing and provides new strategies to structure the best deal for your client Teaches you the risks of being a bottom feeder Covers tax planning issues in commercial transactions so that you can avoid unnecessary tax consequences Reconsiders the real world value of traditional default remedies Provides detailed study material, including many forms for use in your daily practice Provides opportunities to network with top faculty and practitioners from across the country et this vital information 8 different ways! See inside.

2 Planning Chairs (also on faculty) John D. Hastie Phillips Murrah P.C., Norman, Oklahoma Philip D. Weller DLA Piper LLP (US), Dallas Mark A. Senn Senn Visciano Canges P.C., Denver Faculty Peter Aitelli Morrison & Foerster LLP, San Francisco John. Cameron, Jr. Dickinson Wright PLLC, rand Rapids, Michigan Richard R. oldberg Ballard Spahr LLP, Philadelphia Michael D. Hamilton DLA Piper LLP (US), Los Angeles Thomas F. Kaufman Hunton & Williams LLP, Washington, D.C. Margaret A. Mahoney Chief U.S. Bankruptcy Judge, Mobile, Alabama Kathryn Cochrane Murphy Krokidas & Bluestein LLP, Boston Stefan F. Tucker Venable LLP, Washington, D.C. ALI-ABA Staff Attorney: Thomas M. Hennessey Assistant Director, Office of Courses of Study Here s what registrants have said about recent presentations of this course: I enjoy the format it keeps my attention for a full day session. The speakers are very knowledgeable and enjoy their topics. I remain impressed by the fact that 'high dollar' attorneys would spend so much non-billable time to hold this panel discussion. I have been attending this program for about 30 years. I have always found it to be excellent. Hope to see you again next year. The give and take by the panel members is the best part at the course. The geographic diversity of the panel adds value. Each member of the panel provided good insights and a great feel of the dynamics of their real estate practice.

3 Program All Times are Pacific Time Wednesday, July 18, :30 a.m. Registration and Continental fast 8:25 a.m. Welcome and Announcements ALI-ABA Staff Video Webcast Segment A $329 8:30 a.m. Introduction and Overview 8:40 a.m. Purchase Contracts from Letters of Intent through Due Diligence (including Survey and Title Review) 10:30 a.m. Networking and Refreshment 10:45 a.m. Purchase Contracts from Due Diligence to Closing 12:00 noon Drafting Tips for Purchase Contracts 12:15 p.m. Trouble in the Title Insurance Business 12:30 p.m. Lunch Video Webcast Segment B $329 2:00 p.m. Purchase Contracts: Distressed Properties, including CMBS Assets 2:30 p.m. Purchase Contracts: Assets in Bankruptcy 3:00 p.m. Income Tax Consequences of Purchases and Sales, including Like-Kind Exchanges 3:30 p.m. Networking and Refreshment 3:45 p.m. Purchase Money Financing and Loan Assumptions 4:15 p.m. The Current Lending Market and the New Notions of Recourse 5:00 p.m. Adjournment for the Day; Networking Reception for Registrants and Faculty Thursday, July 19, :00 a.m. Networking Session and Continental fast Video Webcast Segment C $329 8:30 a.m. Essential Lease Provisions: Premises, Term, and Rent 9:15 a.m. Essential Lease Provisions: Workletters, Operating Expenses, CAM, and Insurance 10:15 a.m. Networking and Refreshment 10:30 a.m. Federal Income Taxation of Tenant Improvements 10:45 a.m. Assignment and Subletting 11:15 a.m. Options: Expansion, Contraction, Purchase, Rights of First Refusal, and First Offer 11:45 a.m. round Leases 12:15 p.m. Drafting Tips for round Leases 12:30 p.m. Lunch Video Webcast Segment D $329 2:00 p.m. Joint Ventures, Partnerships, LLCs, Series LLCs, and Other Entities: The Arrangements (including Capitalization, Waterfalls, Defaults, and Exit Strategies)

4 3:30 p.m. Networking and Refreshment 3:45 p.m. Joint Ventures, Partnerships, LLCs, Series LLCs, and Other Entities: The Tax Consequences 4:30 p.m. Construction Contracts 5:00 p.m. Adjournment for the Day Friday, July 20, :00 a.m. Networking Session and Continental fast Video Webcast Segment E $329 8:30 a.m. Management and Brokerage Contracts 9:00 a.m. The Judge s Primer on Real Estate in Bankruptcy 9:30 a.m. Rights and Remedies When the Tenant Defaults 10:30 a.m. Bankruptcy of a Tenant (or a Landlord) 11:30 a.m. Recent Case Law 12:30 p.m. Lunch Video Webcast Segment F $199 2:00 p.m. Dollars and Cents of Real Estate 2:30 p.m. Ethics and Professional Conduct 3:30 p.m. Adjournment Total 60-minute hours of instruction: 18.25, including one hour of ethics and professionalism. All times listed except start, break, and lunch times are approximate and subject to change CPE credit hours in Real Estate (live group and group internet based program) 10:15 a.m. Networking and Refreshment ALI-ABA Curriculum Real Estate / Land Use ALI-ABA s pragmatic real estate and land use curriculum reflects four decades of experience in combining traditional and emerging topics in dynamic courses renowned nationwide. The three dozen programs are recognized for distinguished faculties and presentation of all sides in commercial transactions, eminent domain cases, and land use planning. Whether it s a multiday course, hot topic webcast seminar, or publication, ALI-ABA s constantly refreshed real estate and land use offerings are practice-oriented with tools to hone skills. ALI-ABA s curriculum in bankruptcy, environmental law, and other related fields further enrich these resources, as do its law practice, lawyering skills, and ethics offerings. Registration for ALI-ABA courses includes free online access to the program archives, as well as to study materials in a searchable electronic document.

5 Even if recovery is just around the corner so are a lot of other things. The ACREL Papers Spring 2012 By ACREL Faculty Members Find out what s lurking out there for your real estate clients and how to cope with the most up to date advice from the experts of ACREL! Discount for ACREL members 2012 Softcover 602 pages $159 ($99 for ACREL Members) Order Code BKAC1203 For more information, go to 8 On-site: ways to satisfy your CLE requirements Maximize your CLE experience. Learn from the best and network with serious practitioners. Register one person from your firm for this course and get all subsequent registrations at 50% off. Up to 50% off Video Webcast: Can t attend? Register for the live webcast or any of its segments and participate by asking questions online, in real time, and get our famous course materials via searchable PDF. Interrupt your viewing at any time and catch up later with the free online archive. et all the information you need, and satisfy your CLE needs, without leaving your office. $1,199 / $329 / $199 roup Webcasts: Schedule a convenient group viewing of this course for two or more people and save on tuition. Provide your firm or department with access to the finest legal talent and train more people at a lower cost without the additional expense or time constraints of travel. Up to 30% off Online (on demand/archive) CLE: Online audio and/or video and searchable (PDF) course materials are available 24/7 for every course and course segment. Free To Registrants DVD / CD-ROM / Audio MP3 Watch or listen to ALI-ABA s renowned courses in your car, home, or office on your computer, DVD player, or MP3 player at your own pace. $999 / $799 Printed + Online Course Materials ALI-ABA s acclaimed course materials are available in print or electronically and can be purchased before or after the course. $249

6 how to register online phone CLE NEWS fax mail return the form on the back panel of this brochure to: REISTRAR, ALI-ABA, 4025 Chestnut Street, Philadelphia, PA ET MANDATORY CLE AND CPE CREDIT Virtually all ALI-ABA programs receive CLE credit in AK, AL, AR, AZ, CA, CO, DE, FL, A, HI, IA, IL, IN, KS, KY, LA, ME, MN, MO, MS, MT, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, PA, RI, SC, TN, TX, UT, VA, VT, WA, WI, and WV. Upon request, ALI-ABA will apply for CLE credit in ID, OR, and WY. This course is expected to qualify for credits, including one ethics credit, in 60-minute MCLE jurisdictions; and for 21.9 credits, including 1.2 ethics credits, in 50-minute MCLE jurisdictions. In NY, this course is appropriate for both newly admitted and experienced attorneys. For specific information on CLE, CPE, or other professional accreditation in your state, please the MCLE Team at go to or call CLE-NEWS. NASBA ALI-ABA is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors through its website: For more information regarding ALI-ABA s administrative policies, such as complaint and refund, please call Customer Service at (800) CLE-NEWS. CPE credit hours for this course: 21.5 in Real Estate (live group and group internet based program). Learning Objectives: Acquisition of knowledge and skills to develop proficiency as a practitioner; maintenance of professional competence as a practitioner; provision of information on recent developments; development of proficiency in performance of intricate and complex tasks within a narrow area. Suggested Prerequisite: Limited experience in practice in subject matter or completion of Basic CLE/CPE Course in subject matter. Level of Instruction: Advanced COURSE LOCATION The course will be presented at the Bar Association of San Francisco (BASF) Conference Center, 301 Battery Street, 3rd Floor, San Francisco. Nearby parking garages include: One Embarcadero, (415) ; Two Embarcadero Center, (415) ; and One Maritime Plaza, 300 Clay Street, (415) HOTEL ACCOMMODATIONS A limited block of rooms has been reserved at Le Meridien San Francisco, about a block from the BASF Conference Center. Room rate: $259 per night, single or double occupancy. These rooms will be held as a block, unless exhausted, until June 17, at which time they will be released to the general public. Registrants must make their own hotel reservations and indicate that they are attending the ALI-ABA Course of Study to qualify for rooms in the block. Room reservations may be made by calling Le Meridien San Francisco, 333 Battery Street, San Francisco, CA 94111; phone or Confirmations will be sent by the hotel. Please read the cancellation policy carefully. o to for more info about: registration/cancellation/requirements for persons with disabilities/scholarships NETWORKIN OPPORTUNITIES Networking is an important reason to attend this and every other ALI-ABA course of study. The registrants for last year s presentation of this course came from 24 states! ALSO FROM ALI-ABA: Commercial Real Estate Defaults, Workouts, and Reorganizations May 2-4, 2012 New Orleans and Live Video Webcast Commercial Real Estate Leases: Selected Issues in Drafting and Negotiating in a Distressed and Troubled Market June 11-12, 2012 Chicago and Live Video Webcast Commercial Real Estate Financing: Strategies for Changing Markets and Uncertain Times June 14-15, 2012 Chicago and Live Video Webcast Land Use Institute: Planning, Regulation, Litigation, Eminent Domain, and Compensation August 8-10, 2012 Chicago and Live Video Webcast follow us on

7 Modern Real Estate Transactions Now, more than ever, you need solid, practical advice from the experts to steer your clients through this challenging real estate market. This annual advanced course of study, comprising more than 18 hours of instruction (including one hour of ethics and professionalism), has been carefully tailored to meet the needs of real estate practitioners in these troubled times. The course maintains its traditional scope of modern commercial real estate practice acquisition, due diligence, construction, financing, joint ventures, leases, title insurance, management, and disposition but examines defaults and remedies at every turn. Special attention is given to bankruptcy and insolvency issues. The tax planning and consequences of these transactions are explored in depth. The ethical considerations and dilemmas arising in real estate practice are explored with reference to the most current Rules of Professional Conduct. All registrants receive ALI-ABA s Course of Study Materials: Modern Real Estate Transactions. These substantial course materials are published specifically for this course and include analyses, checklists, and forms that serve as the basis for comments made by the faculty. The forms published in the course materials are the products of actual real estate transactions drawn from the faculty s practice. The speakers analyze the concepts underlying the forms and discuss alternative provisions in a panel discussion format. Time is reserved throughout the program to respond to registrants questions. A reception for registrants and faculty at the conclusion of the Wednesday program provides additional networking opportunities.

8 Online Phone CLE NEWS FAX Mail Registrar, ALI-ABA, 4025 Chestnut Street, Philadelphia, PA Modern Real Estate Transactions San Francisco, CA, July 18-20, 2012 $1,499 Please enter registration(s) CU006 Video Webcast $1,199/$329/$199 The entire program. Tuition: $1,199 WAU006 Webcast Segment D. Tuition: $329 WAU006D Webcast Segment A. Tuition: $329 WAU006A Webcast Segment E. Tuition: $329 WAU006E Webcast Segment B. Tuition: $329 WAU006B Webcast Segment F. Tuition: $199 WAU006F Webcast Segment C. Tuition: $329 WAU006C Can t attend? You don t have to miss anything! Order the: DVD (video), including a complimentary MP3 CD-ROM and PDFs of the course materials $999 AU006V Audio MP3 CD-ROM (including PDFs of the course materials) $799 AU006 Printed course materials only $249 SU006 The ACREL Papers - Spring 2012 $159 BKAC1203 I am an ACREL member: $99 BKAC1203ACREL Tuition discounts ALI-ABA offers tuition discounts for full-time government employees, recent law school graduates, and retired senior lawyers. If you are a member of any of these groups, please check the appropriate box below, and the corresponding discount will be applied. Discounts valid for on-site course, live webcast, and webcast segments only. Cannot be combined with other offers. I am a full-time employee of the federal, a state, or a local government or governmental agency: 30% tuition discount I am a recent law school graduate (<5 years): 50% tuition discount I am a retired senior lawyer (65 or older): 50% tuition discount $ Total j Check enclosed (payable to ALI-ABA) Please charge to my credit card: j AMEX j DISCOVER j MasterCard j VISA Card no.: Card expiration date: / signature address (required for webcasts and online subscriptions) CU006 American Law Institute-American Bar Association Continuing Professional Education 4025 Chestnut Street, Philadelphia, PA NONPROFIT OR U.S. Postage PAID ALI-ABA