Continuing Legal Education

Program Agenda

Wednesday, April 3, 2013

6:30 pm
Registration & Cocktails

7:00 pm
Welcome and Networking Dinner
Sponsored by Fidelity National Title

Lawrence J. Center, Assistant Dean
Lawrence A. Shulman and Robert W. Simmons, Program Co-Chairs

Thursday, April 4, 2013

7:30-8:00 am
Continental Breakfast

8:00-9:30 am
Lessons Sandy Taught Us: Critical Elements in Drafting Insurance and Damage Clauses

  • Examine Hurricane Sandy and how claims are getting resolved
  • Review the casualty provisions to determine their relationship to reality
  • Analyze termination rights and how they affect insurance coverage

Bruce M. Smiley, Session Leader
Steven D. Cohen, Richard D. Eckhard, Mindy Wolin Sherman

9:30-9:45 am
Networking Break

9:45-11:00 am
Risk Allocation Tic-Tac-Toe: Insurance, Indemnification, and Exculpation

  • Examine interplay among insurance, indemnification, and exculpation
  • Discuss drafting challenges
  • Analyze coverage issues and the role of a waiver of subrogation

David S. Gordon, Session Leader
Michael L. Allen, Kathleen Felderman, Seth S. Katz

11:00 am-12:30 pm
Lunch (on your own)

12:30-2:00 pm
Coming Soon to a Closed Anchor Near You: Problems and Perils of Entertainment Leasing

  • Analyze the effect of the introduction of an entertainment use to a mature center
  • Examine issues that create conflicts between the needs of new and existing tenants, such as parking usage, operating hours, and the possibility of second uses
  • Craft solutions to balance the parties' needs, rights, and obligations

Celia C. Hitch, Session Leader
Abraham Costin, Andrew L. Herz, M. Rosie Rees

2:00-2:15 pm
Networking Break

2:15-3:45 pm
Missing the Trees for the Forest: What Do Underwriters and Buyers Really Care About?

  • Review lease provisions that buyers and lenders focus on
  • Discuss how their relative importance is determined
  • Learn techniques for drafting and negotiating a more saleable, financeable project

Richard C. Mallory, Session Leader
J. Tyler Blue, Roy E. Green, Michael A. Klein, Mark A. Senn

3:45-4:00 pm
Networking Break    

4:00-5:00 pm
Legal Schmegal: How Much Trouble Can You Get Into? Crossing the Ethical Line between Legal and Business or Personal Advice

  • Explore the difference between professional and personal opinion
  • Understand the legal duties shouldered by attorneys when any type of advice is discussed
  • Cover, in the oral and written presentations, the ramifications of ABA Model Rules 1.1 Competence, 1.2 Scope of Representation, 1.3 Diligence, 1.7 Identity of the Client and corresponding Rules of Professional Conduct in Canadian jurisdictions

Natalie Vukovich, Session Leader
Jeffery L. Hess, Thomas E. Spahn

Friday, April 4, 2013

8:00-8:30 am
Continental Breakfast

8:30-10:00 am
Anchors Aweigh: Making Negotiating with the 800-Pound Gorilla Smooth Sailing Rather than a Shipwreck

  • Identify unique issues in anchor/big box deals
  • Learn to negotiate and balance anchors' and developers' divergent interests
  • Discuss compromises for efficiency and flexibility to retain competitive advantages

Stephen J. Messinger, Session Leader
Elizabeth A. Hamilton, David G. London, Laurent Roy

10:00-10:15 am
Networking Break

10:15-11:45 am
In Case of Emergency, Follow the Exit Signs: Assignment and Subletting

  • Explore the landlord standard for consent to assignment and subletting and their consequences
  • Analyze change of control issues: tenant's flexibility vs. landlord's protection
  • Discuss restrictions and how to draft for practical permitted transfers

Caryn Englander, Session Leader
Joseph B. Conn, Joel R. Hall

11:45-12:00 pm
Lunch Distribution

Sponsored by Cushman & Wakefield, Inc.

12:00-1:00 pm
Beyond Clicks and Bricks: The Next Phase of Global Retail

  • Address social media and its effects on the way we shop
  • Analyze emerging retail trends and resulting changes to shopping centers
  • Discuss internet sales and the changing face of retail

Suzy A. Reingold, Session Leader
Paco Underhill, Matthew B. Winn

1:00-1:15 pm
Networking Break

1:15-1:30 pm
ACLI 2014: Topic Solicitation

1:30-3:00 pm
You Want Me to Pay for What? Operating Expenses

  • Evaluate the fairness of operating expense pass-throughs
  • Examine the evolution of pass-throughs, such as the rise of new assessments and lower green emissions as the market and properties have changed
  • Analyze solutions such as fixed contributions or differentiation of expenses as "controllable" or "non-controllable"

Stephen K. Cassidy, Session Leader
Jeffrey B. Dierman, Warren J. Karp

3:00 pm

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