The 2nd Annual Real Estate General Counsel Forum
A forum for GC’s of Funds, Reits and Operating Companies
September 10-11, 20212
The Union League Club
New York City, New York
Event Description
On behalf of Information Management Network (IMN), I would like to invite you to our 2nd Annual Real Estate General Counsel’s Forum to be held in
New York, September 10-11, 2012.
IMN is proud to announce the agenda for its 2nd Fall Real Estate General Counsel Forum. Featuring 16 sessions with 50+ in-house real estate lawyers
from Funds, REITs, Non-Traded REITs, Banks and Lenders speaking on some of the key sessions listed below including:
– The Regulatory & Political Economy Panel
– Risk Management & Insurance
– Property Acquisitions & Due Diligence
– Deal Structuring, Loan Origination & Financing, Regulatory & Business Developments
– When Should you get Outside Counsel to Come in? Who are you going to call? What are the Fees, Billing Trends, Cost Management & Monitoring
Methods
This conference will be targeted specifically for in-house legal professionals at Funds, REITs, Operating Companies, Banks, Lenders, Institutional
Investors and Corporates. Its goal is to showcase the current issues & challenges in-house real estate law professionals are confronting & the strategies
& tools they are employing to meet these challenges.
A second goal of the meeting will be to provide networking and business development opportunities for industry consultants, service providers &
outside counsel who provide services to these real estate legal professionals which help them meet the business challenges they confront.
Who Should Attend
In-house legal professionals at Funds
REITs
Operating Companies
Banks
Lenders
Institutional Investors
Corporates
Rosenberg & Estis, P.C. has been a leader in New York real estate law for more than 30 years. We are a boutique law firm that has an unparalleled ability to skillfully guide our clients through Manhattan’s notoriously complex real estate laws. The firm’s more than 50 attorneys expertly handle real estate transactions, litigation, administrative law proceedings and appeals. We are proud of our role in the landscape
of New York City.
UNPARALLED BREADTH OF EXPERIENCE & KNOWLEDGE SINCE 1979
WE HAVE WORKED TO BE THE BEST — NOT THE BIGGEST — REAL ESTATE LAW FIRM IN NEW YORK CITY
ROSENBERG & ESTIS, P.C.
733 THIRD AVENUE, NEW YORK, NY 10017
TEL: (212) 867-6000 • FAX: (212) 551-8484
www.rosenbergestis.com
IMN‐Real Estate General Counsels Forum
AGENDA
11:25B Property Management, Leases & Lease Restructuring
• Special issues for distressed assets
• How are you keeping clients?
• Slip and falls
• Tax changes
• Tenant bankruptcies
• What is on your lease checklist?
• Financeable leases
• Lease amendments in foreclosure
• Limiting your exposure in lease transactions
• Lease exit strategies
• Built‐to‐suit leases
• Lease renewal trends
• Store lease pitfalls
• Chapter 11 reorganization and breaking burdensome lease agreements
• Wear and tear clauses
• Tenants breaking leases
• Making sure green leases don’t get you blue
Session Chair:
Samuel M. Walker, Partner, BLANK ROME LLP
Panel Participants:
Cory Weiss, Partner, INGRAM YUZEK GAINEN CARROLL & BERTOLOTTI, LLP
Basil Donnelly, Senior Vice President ‐ Legal Affairs, DLC MANAGEMENT CORP.
Donna Corrigan, VP Associate General Counsel, GRAMERCY CAPITAL CORP.
Kirk Cypel, General Counsel, ROULEUR REALTY ADVISORS, LLC
Michael E. Lefkowitz, Partner, ROSENBERG & ESTIS, P.C.
12:25 What is on your Checklist? Property Acquisitions & Due Diligence
• When do you use outside counsel?
• Purchase agreements
• Closing hurdles
• Evaluating local entitlements
• Seller liability issues
• What is the minimum time you will take to do due diligence?
• What if you do not have that much time?
• Note sales
• Dispositions
• Local codes & laws
• What to do if no comps?
• Physical inspection
• Exclusivity periods
• Negotiation trends
• Environmental concerns
• Physical property inspection
• Title issues
• Entitlements review
Session Chair:
Jeffrey Lenobel, Partner and Chair of the Real Estate Department, SCHULTE ROTH & ZABEL LLP
Panel Participants:
Joseph P. Sciacca, Managing Director & Associate General Counsel, CERBERUS REAL ESTATE CAPITAL MANAGEMENT, LLC
Jason P. Maxwell, Corporate Counsel, HINES REIT
Luise Barrack, Managing Partner, ROSENBERG & ESTIS, P.C.
Darryl Gugig , Deputy General Counsel ‐ Premium Outlets ‐, SIMON PROPERTY GROUP
Alan Silver, Acquisition Manager, TOLL BROTHERS
2:25 New Construction, Development & Financing
• Cost overruns‐who is responsible?
• Risk and lease obligations
• Recourse and indemnification
• Contractor issues
• Inspection ‐ What a lawyer should be looking for
• Contractual & Documentation negotiations & trends
• State & Government law: Any changes?
• Defects & Litigation
• Using proceeds of insurance to rebuild
• Project management concerns
• Design‐build contracts
• Mechanics liens issues
• Warranties, guarantees and remedies
• CCIP & CCEP
• Waivers of consequential damages
• General contractor vs. construction manager approaches
• Lien waivers, remedies, monitoring and direct payment arrangements
Session Chair:
Richard Sussman, Partner, ROSENBERG & ESTIS, P.C.
Panel Participants:
Michael Pollack, Senior Vice President & General Counsel, ASHFORTH
Loretta Kelly, General Counsel, BPG PROPERTIES, LTD
Michael Scheffler, Partner and Real Estate Development Practice Group Leader, BLANK ROME LLP
Richard Hollowell, Managing Director, REZNICK GROUP, P.C.