Course1

1031 Like-Kind Exchanges in Trust and Estate Planning

$85.00
  • Author/Instructor:  Anthony Licata, Susan Wheatley

For clients with significant real estate portfolios in their estates, Section 1031 like-kind exchanges can be a very effective tool for deferring gain. Recent tax legislation has scrambled familiar tax, economic, and practical considerations for making a like-kind exchange, in some circumstances making these techniques more attractive than before, but in others (incoming producing property) less attractive.  There are also substantial real estate law traps in like-kind exchanges.  This program will provide you with a practitioner’s guide to using new like-kind exchange rules in trust and estate planning.    Trust and estate planning opportunities using Section 1031 like-kind exchanges How the 2017 tax law changed conventional considerations of using like-kind exchanges Review of major non-estate tax issues for estate planners when using like-kind exchanges Circumstances when it no long makes sense to use like-kind exchanges for income-producing party Real estate traps when using like-kind exchanges in trust planning   Speakers: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School. Susan Wheatley is a partner in the Cincinnati office of Taft Stettinius & Hollister LLP and chair of its trust and estate planning practice. Her practice focuses on advising clients on their estate and business succession planning.  She also advises clients about sophisticated charitable and gifting giving strategies. She is a Fellow of the American College of Trust and Estate Counsel and an adjunct professor of law at the University of Cincinnati College of Law.  Ms.Wheatley earned her B.A. at Yale University and her J.D. from Northwestern University School of Law.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • On-Demand
    Format
  • 60
    Min.
  • 1/9/23
    Avail. to
  • DETAILS
Course1

Appraisals in Commercial Real Estate Finance & Development

$85.00
  • Author/Instructor:  Anthony Licata, Richard R. Goldberg

Appraisals are part and parcel of every major realistic transaction.  Lenders will not loan without an appraisal.  Loan-to-value ratios are measured against the appraisal.  Investors will not invest without an appraisal.Appraisals are not set-piece documents, however; they involve a multiplicity of valuation metrics and different appraisers looking at the same property can and do generate widely varying valuations.  Because of their centrality to real estate transactions, understanding their structure and content is essential.  This program will provide you with a real-world guide to how appraisals are prepared and used in commercial real estate, their traps, and how they are incorporated into transactional documents.   Use of appraisals in obtaining funding for development projects and acquisitions Ensuring appraisals are prepared according to standards – and fraud risks if they are not Integrating appraisals in underlying operative documents What lawyers should look for in appraisals provided to clients – and how to spot red flags   Speakers: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School. Richard R. Goldberg is a retired partner, resident in the Philadelphia office of Ballard Spahr, LLP, where he established an extensive real estate practice, including development, financing, leasing, and acquisition.  Earlier in his career, he served as vice president and associate general counsel of The Rouse Company for 23 years.  He is past president of the American College of Real Estate Lawyers, past chair of the Anglo-American Real Property Institute, and past chair of the International Council of Shopping Centers Law Conference.  Mr. Goldberg is currently a Fellow of the American College of Mortgage Attorneys and is a member of the American Law Institute.  Mr. Goldberg received his B.A. from Pennsylvania State University and his LL.B. from the University of Maryland School of Law.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • On-Demand
    Format
  • 60
    Min.
  • 4/7/23
    Avail. to
  • DETAILS
Course1

Buying and Selling Commercial Real Estate, Part 1

$85.00
  • Author/Instructor:  Anthony Licata, John S. Hollyfield, Richard R. Goldberg

Buying and selling commercial real estate is a lengthy and complex undertaking from diligence and letters of intent to mortgage agreements and, ultimately, the underlying purchase and sale agreement. Reps and warranties have become more extensive and exacting in detail. Financing contingencies have become lengthy and complex. Due diligence has become lengthier, more invasive and costlier – or barely permitted at all, in particularly “hot” markets.  Managing all these elements is demanding.  This program will provide you a practical guide to the transactional cycle of buying and selling commercial real estate. Day 1: Planning the process – letters of intent, negotiations, closing process Due diligence depending on the type of deal – title, environmental, finance issu Understanding the minefield of seller’s reps and warranties Buyer and seller’s covenants in a volatile market Deposits of money Day 2: Issues for income producing properties, multiple family properties, and distressed properties Finance issues in operative agreements, including finance contingencies, and working with commercial lenders Conditions to closing and reducing the risk of not closing Post-closing issues, baskets, escrow and contingencies Bankruptcy issues in operative agreements   Speakers: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School. John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law. Richard R. Goldberg is a retired partner, resident in the Philadelphia office of Ballard Spahr, LLP, where he established an extensive real estate practice, including development, financing, leasing, and acquisition.  Earlier in his career, he served as vice president and associate general counsel of The Rouse Company for 23 years.  He is past president of the American College of Real Estate Lawyers, past chair of the Anglo-American Real Property Institute, and past chair of the International Council of Shopping Centers Law Conference.  Mr. Goldberg is currently a Fellow of the American College of Mortgage Attorneys and is a member of the American Law Institute.  Mr. Goldberg received his B.A. from Pennsylvania State University and his LL.B. from the University of Maryland School of Law.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • On-Demand
    Format
  • 60
    Min.
  • 6/16/23
    Avail. to
  • DETAILS
Course1

Buying and Selling Commercial Real Estate, Part 2

$85.00
  • Author/Instructor:  Anthony Licata, John S. Hollyfield, Richard R. Goldberg

Buying and selling commercial real estate is a lengthy and complex undertaking from diligence and letters of intent to mortgage agreements and, ultimately, the underlying purchase and sale agreement. Reps and warranties have become more extensive and exacting in detail. Financing contingencies have become lengthy and complex. Due diligence has become lengthier, more invasive and costlier – or barely permitted at all, in particularly “hot” markets.  Managing all these elements is demanding.  This program will provide you a practical guide to the transactional cycle of buying and selling commercial real estate. Day 1: Planning the process – letters of intent, negotiations, closing process Due diligence depending on the type of deal – title, environmental, finance issu Understanding the minefield of seller’s reps and warranties Buyer and seller’s covenants in a volatile market Deposits of money Day 2: Issues for income producing properties, multiple family properties, and distressed properties Finance issues in operative agreements, including finance contingencies, and working with commercial lenders Conditions to closing and reducing the risk of not closing Post-closing issues, baskets, escrow and contingencies Bankruptcy issues in operative agreements   Speakers: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School. John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law. Richard R. Goldberg is a retired partner, resident in the Philadelphia office of Ballard Spahr, LLP, where he established an extensive real estate practice, including development, financing, leasing, and acquisition.  Earlier in his career, he served as vice president and associate general counsel of The Rouse Company for 23 years.  He is past president of the American College of Real Estate Lawyers, past chair of the Anglo-American Real Property Institute, and past chair of the International Council of Shopping Centers Law Conference.  Mr. Goldberg is currently a Fellow of the American College of Mortgage Attorneys and is a member of the American Law Institute.  Mr. Goldberg received his B.A. from Pennsylvania State University and his LL.B. from the University of Maryland School of Law.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • On-Demand
    Format
  • 60
    Min.
  • 6/17/23
    Avail. to
  • DETAILS
Course1

Common Area Maintenance, Insurance, and & Taxes Provisions in Commercial Leases

$85.00
  • Author/Instructor:  Anthony Licata

Common area expenses (CAM) are part of virtually every office and retail lease. These expenses cover everything from parking lots and reception areas to common meeting spaces and restrooms.  In triple net leases, landlords seek to recover these expenses from tenants.  This can be a significant component of a tenant’s lease expense.The scope of CAM, caps or other limitations, and audit rights are highly negotiated. Landlords and lenders are often reluctant to give any concessions. This program will provide you with a practical guide to negotiating and drafting CAM provisions in commercial leases.   Scope of common area maintenance (CAM) expenses Relationship to minimum maintenance standards Treatment of taxes and insurance Differentiating operating v. capital expenses in CAM recovery Caps on CAM, fixed CAM, gross-up considerations Audit and information rights for CAM Understanding landlord, lender, and tenant motivations and concerns   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.     Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • On-Demand
    Format
  • 60
    Min.
  • 11/10/24
    Avail. to
  • DETAILS
Course1

Drafting Ground Leases, Part 1

$85.00
  • Author/Instructor:  Anthony Licata, John S. Hollyfield

Ground leases are sophisticated contracts combining the elements of buy/sell agreements, commercial leases, and a sophisticated financing.  A landowner enters a long-term lease with a developer who constructs a building or other improvements on the land. The developer generally finances the building, occupying it or leasing it out to other tenants, paying the landowner rent on the underlying ground over a long period of time.  There are many benefits of ground leases for the landowner and the tenant. But they are very complex agreements involving sophisticated economic calculations and require very careful review. This program will provide you with a practical guide to how ground leases work, and negotiating and drafting them.   Day 1: Overview of important provisions of ground leases  Underlying economics of ground leases Permitted use and change of use Methodologies for setting and adjusting rent to reflect risk and value over time Day 2: Major financing issues, including subordination Construction and development issues  Special condemnation and casualty considerations   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.   John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • On-Demand
    Format
  • 60
    Min.
  • 4/26/24
    Avail. to
  • DETAILS
Course1

Drafting Ground Leases, Part 2

$85.00
  • Author/Instructor:  Anthony Licata, John S. Hollyfield

Ground leases are sophisticated contracts combining the elements of buy/sell agreements, commercial leases, and a sophisticated financing.  A landowner enters a long-term lease with a developer who constructs a building or other improvements on the land. The developer generally finances the building, occupying it or leasing it out to other tenants, paying the landowner rent on the underlying ground over a long period of time.  There are many benefits of ground leases for the landowner and the tenant. But they are very complex agreements involving sophisticated economic calculations and require very careful review. This program will provide you with a practical guide to how ground leases work, and negotiating and drafting them.   Day 1: Overview of important provisions of ground leases  Underlying economics of ground leases Permitted use and change of use Methodologies for setting and adjusting rent to reflect risk and value over time Day 2: Major financing issues, including subordination Construction and development issues  Special condemnation and casualty considerations   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.   John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • On-Demand
    Format
  • 60
    Min.
  • 4/27/24
    Avail. to
  • DETAILS
Course1

Drafting Guarantees in Real Estate Transactions

$85.00
  • Author/Instructor:  John S. Hollyfield

Guarantees undergird most real estate transactions.  Lenders, investors and others are often unwilling or unable to finance or otherwise support a real estate transaction without certain substantial guarantees.  These guarantees may concern repayment of loan proceeds or performance of other services – construction, maintenance and waste prevention, environmental indemnity, etc.  The scope of guarantees is highly negotiated, particularly whether the guarantee is recourse or non-recourse and the scope of carve-outs from the guarantees. This program will provide you with a practical guide to negotiating and drafting guarantees in real estate transactions.    Types of guarantees – payment, performance, collection, completion Essential elements of a guarantee – consideration, scope, carve-outs, waivers Guarantees for property maintenance/no waste, environmental indemnity and other non-financial concerns Carve-outs – full v. partial, fraud, misappropriation, misapplication, failure to maintain, insurance, and more Guarantees of construction loans   Speaker: John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • On-Demand
    Format
  • 60
    Min.
  • 2/24/23
    Avail. to
  • DETAILS
Course1

Drafting Small Commecial Real Estate Leases

$85.00
  • Author/Instructor:  David C. Camp

In small space leases, tenants are much more sensitive to the cost or reviewing and negotiating lengthy leases.  Also, use restrictions in lengthier leases can unduly restrict a tenant’s ability to use the space to operate their business.  Landlord rights and remedies in “short “form” leases tend to leave tenants with little flexibility and few remedies for landlord breaches.  At the same time, landlords fear the instability and costs associated with small tenants. This program will provide you a real-world guide to reviewing a small commercial lease, including economics, use restrictions, subleasing, and remedies. Red flags in “short form” leases for small tenants Ensuring “use” restrictions allow tenant to operate its business Common area maintenance, taxes, insurance, fees and penalties Scope of landlord services to tenant – and landlord remedies Exit issues – “go dark” provisions, subletting, tail liability Speaker: David C. Camp is a partner in the Denver office of Senn Visciano Canges, PC, where he represents clients in all aspects of real estate transactions.  He has extensive experience in leasing, development, construction, financing and ownership issues.  He also has substantial experience in commercial finance matters, most frequently corporate and real estate financing, including mezzanine loans, construction loans, and traditional loan matters.  Mr. Camp received his B.A. cum laude from Middlebury College and his J.D. from the University of Pennsylvania Law School.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • On-Demand
    Format
  • 60
    Min.
  • 5/24/24
    Avail. to
  • DETAILS
Course1

Drafting Subleases & Assignments in Commercial Real Estate, Part 1

$85.00
  • Author/Instructor:  Michael P. Williams

Subleasing and assignments are essential instruments for tenants to reduce the size and cost of their space as their needs change. Landlords (and their lenders) often disfavor subleases and assignments because they might lose control of who occupies the space. Subleases come in a variety of forms, all of which need to conform to the provisions of the master lease. Because of this, subleases can quickly become wildly complex, and have the potential to give rise to multiple levels of friction and possibly litigation. This program will provide you with a practical guide to the types of subleases and assignments, key issues for landlords, tenants, and subtenants, and drafting tips Day 1: Subleasing v. assignments – when is each used or allowed? Types of subleases – no reference to master leases, reference by incorporation, custom subleases Standards of “reasonableness” in obtaining landlord consent to assignment or sublease Identifying and mitigating risks to tenants and subtenants in subleasing Landlord and lender concerns in subleases and methods to address Day 2: Space recapture, profit sharing, and other landlord remedies Restrictions on use in subleases and subtenant risks Non-disturbance agreements with landlord and lender Subtenant remedies when tenant defaults on master lease Most important provisions of lease assignments   Speaker: Michael P. Williams is a partner in the Denver, Colorado office of Senn Visciano Canges, P.C., where he has extensive experience in commercial leasing and tenant relations, acquisition and disposition of office, industrial, retail and multi-family properties, representing real estate professionals in disputes before their boards or in litigation, and advising homeowner associations.  He also assists lenders in pre-foreclosure workouts, foreclosures, loan modifications and servicing REO property needs.  He is a member of the banking law subcommittee of the ABA’s Business Law Section.  Mr. Williams received his B.A. from Colorado State University and his J.D. from the University of Denver College of Law.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • On-Demand
    Format
  • 60
    Min.
  • 3/29/24
    Avail. to
  • DETAILS
Course1

Drafting Subleases & Assignments in Commercial Real Estate, Part 2

$85.00
  • Author/Instructor:  Michael P. Williams

Subleasing and assignments are essential instruments for tenants to reduce the size and cost of their space as their needs change. Landlords (and their lenders) often disfavor subleases and assignments because they might lose control of who occupies the space. Subleases come in a variety of forms, all of which need to conform to the provisions of the master lease. Because of this, subleases can quickly become wildly complex, and have the potential to give rise to multiple levels of friction and possibly litigation. This program will provide you with a practical guide to the types of subleases and assignments, key issues for landlords, tenants, and subtenants, and drafting tips Day 1: Subleasing v. assignments – when is each used or allowed? Types of subleases – no reference to master leases, reference by incorporation, custom subleases Standards of “reasonableness” in obtaining landlord consent to assignment or sublease Identifying and mitigating risks to tenants and subtenants in subleasing Landlord and lender concerns in subleases and methods to address Day 2: Space recapture, profit sharing, and other landlord remedies Restrictions on use in subleases and subtenant risks Non-disturbance agreements with landlord and lender Subtenant remedies when tenant defaults on master lease Most important provisions of lease assignments   Speaker: Michael P. Williams is a partner in the Denver, Colorado office of Senn Visciano Canges, P.C., where he has extensive experience in commercial leasing and tenant relations, acquisition and disposition of office, industrial, retail and multi-family properties, representing real estate professionals in disputes before their boards or in litigation, and advising homeowner associations.  He also assists lenders in pre-foreclosure workouts, foreclosures, loan modifications and servicing REO property needs.  He is a member of the banking law subcommittee of the ABA’s Business Law Section.  Mr. Williams received his B.A. from Colorado State University and his J.D. from the University of Denver College of Law.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.     

  • On-Demand
    Format
  • 60
    Min.
  • 3/30/24
    Avail. to
  • DETAILS
Course1

Due Diligence in Commercial Real Estate Transactions

$85.00
  • Author/Instructor:  John S. Hollyfield

This program will provide you with a practical guide to due diligence in real estate transactions – what information you need, where to get it, and the timeframes involved.  The program will also cover the relationship between the duration and depth of due diligence depending on the state of the market – i.e., how “hot” markets involve more risk because sellers or othersare reluctant to give lengthy diligence periods. The program will also discuss using information obtained in diligence to draft specific reps and warranties. This program will provide you with a practical guide to planning due diligence in real estate transaction and how that information is used.   Planning diligence – what information you need, where to get it, and timeframes Relationship between diligence and market conditions – willingness of sellers to cooperate or not Using diligence – tying information obtained to specific reps and warranties Review of leases, rent rolls, and financial statements Service contracts, condominium HOAs, and other contracts Title work – liens and other encumbrances   Speaker: John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.He has more than 40 years’ experience in real estate law practice.He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • On-Demand
    Format
  • 60
    Min.
  • 8/2/24
    Avail. to
  • DETAILS
Course1

Due Diligence in Commercial Real Estate Transactions

$85.00
  • Author/Instructor:  John S. Hollyfield

This program will provide you with a practical guide to due diligence in real estate transactions – what information you need, where to get it, and the timeframes involved.  The program will also cover the relationship between the duration and depth of due diligence depending on the state of the market – i.e., how “hot” markets involve more risk because sellers or othersare reluctant to give lengthy diligence periods. The program will also discuss using information obtained in diligence to draft specific reps and warranties. This program will provide you with a practical guide to planning due diligence in real estate transaction and how that information is used.   Planning diligence – what information you need, where to get it, and timeframes Relationship between diligence and market conditions – willingness of sellers to cooperate or not Using diligence – tying information obtained to specific reps and warranties Review of leases, rent rolls, and financial statements Service contracts, condominium HOAs, and other contracts Title work – liens and other encumbrances   Speaker: John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.He has more than 40 years’ experience in real estate law practice.He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law.     Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • On-Demand
    Format
  • 60
    Min.
  • 11/1/24
    Avail. to
  • DETAILS
Course1

Easements in Real Estate

$85.00
  • Author/Instructor:  John S. Hollyfield

Easements are nonpossessory rights to use a third party’s property.  They can be conveyed by deed or contract and may have a significant impact on the underlying property. When valid and enforceable, easements may have a major impact on the use of property, its development and ultimately the value of the underlying property. It isvery important to timely identify easements in diligence, value them, and perhaps obtain their termination or release. If your client depends on an easement, ensuring that they are properly drafted and filed, and are enforceable are essential.  This program will provide you with a real-world guide to easements in real estate transactions, including their types, how they are created and released, or enforced in transactions.   Types of easements – prescriptive, appurtenant, in gross, mortgage-related, estoppel, necessity and quasi-easements How they are used in real estate transactions – which are best for your client? Due diligence in transactions – identifying and valuing easements Creation of easements – drafting essential terms and filing for maximum enforcement Enforcement – methods and measure of damages Termination and release – effective drafting to eliminate easements   Speaker: John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • On-Demand
    Format
  • 60
    Min.
  • 8/19/23
    Avail. to
  • DETAILS
Course1

Environmental Liability in Commercial Real Estate Transactions

$85.00
  • Author/Instructor:  Anthony Licata

Environmental liability is one the biggest risks in acquiring and/or developing commercial real estate. When environmental risk is not accurately assessed, allocated and/or hedged, the parties to the deal are exposed to very substantial financial liability and the fundamental economics of the deal are jeopardized.  This program will provide you a practical guide to developments in environmental diligence in real estate deals, allocating or hedging the risk, and post-closing concerns.    Sources of environmental liability under federal law Assessing risk: Estimating liabilities and incorporating findings into deal documents Developments in affirmative defenses Contractual allocation of liability Uses of environmental insurance Post-closing concerns   Speaker:   Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • On-Demand
    Format
  • 60
    Min.
  • 11/19/23
    Avail. to
  • DETAILS
Course1

Escrow Agreements in Real Estate Transactions

$85.00
  • Author/Instructor:  John S. Hollyfield

Escrow agreements are essential documents in every significant real estate transaction. They are mechanisms for allocating risk among the parties to the transaction.  Escrow agents are charged with determining whether certain contractual conditions are satisfied, thereby triggering the disbursement of money or property. Escrow arrangements mitigate the risk of non-performance by one of the parties.  But escrow agreements are fraught with potential conflicts and traps that may give rise to delays in finally closing a transaction. This program will provide you with a practical guide to drafting effective escrow agreements, risk allocation, conflict avoidance and working with escrow agents. Essential terms – property held, conditions for release/disbursement, fees Defining an agent’s duties, authority, and liability Practical problems with escrow arrangements – holding all the documents, breaking escrow, death of party Issues in construction contracts, development transactions, and property sales Letter of credit, tax and bankruptcy issues to consider   Speakers: John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • On-Demand
    Format
  • 60
    Min.
  • 4/19/24
    Avail. to
  • DETAILS
Course1

Guarantees in Real Estate Transactions

$85.00
  • Author/Instructor:  John S. Hollyfield

Guarantees undergird most real estate transactions.  Lenders, investors and others are often unwilling or unable to finance or otherwise support a real estate transaction without certain substantial guarantees.  These guarantees may concern repayment of loan proceeds or performance of other services – construction, maintenance and waste prevention, environmental indemnity, etc.  The scope of guarantees is highly negotiated, particularly whether the guarantee is recourse or non-recourse and the scope of carve-outs from the guarantees. This program will provide you with a practical guide to negotiating and drafting guarantees in real estate transactions.    Types of guarantees – payment, performance, collection, completion Essential elements of a guarantee – consideration, scope, carve-outs, waivers Guarantees for property maintenance/no waste, environmental indemnity and other non-financial concerns Carve-outs – full v. partial, fraud, misappropriation, misapplication, failure to maintain, insurance, and more Guarantees of construction loans   Speaker: John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • Webcast
    Format
  • 60
    Min.
  • 12/20/22
    Presented
  • DETAILS
Course1

Health Care Issues in Estate Planning

$85.00
  • Author/Instructor:  Michael Sneeringer, Missia H. Vaselaney

Trust and estate planning for health care involves counseling clients about what are often the most difficult decisions in their life or lives of loved ones. There are issues of making life-and-death health care decisions many years in advance of when those decisions will be needed. There are equally delicate decisions about the appointment of trustees or conservators.  Planning for long-term care – and how to fund that care – is often the biggest challenge for most clients.  If clients are not carefully counseled about their choices and their decisions not carefully reflected in trust and estate documents, their most important goals will be unfulfilled.  This program will provide you with a practical guide to the most important health care issues in trust and estate planning.   Counseling clients about planning for health care decision-making Tension between health care providers & trustees: Areas of competence, conflict, and cooperation Drafting advance health care directives & revocable trusts Defining objective health care “triggers” in documentation Key issues in appointing trustees, guardians & conservators Availability & financing of home health care & institutional care   Speakers: Michael Sneeringer a partner in the Naples, Florida office of Porter Wright Morris & Arthur LLP, where his practice focuses on trust and estate planning, probate administration, asset protection planning, and tax law. He has served as vice chair of the asset protection planning committee of the ABA’s Real Property, Trust and Estate Section and is an official reporter of the Heckerling Institute.  Mr. Sneeringer received his B.A. from Washington & Jefferson College, his J.D., cum laude, St. Thomas University School of Law, and his LL.M. from the University of Miami School of Law. Missia H. Vaselaney is a partner in the Cleveland office of Taft, Stettinius & Hollister, LLP, where her practice focuses on estate planning for individuals and businesses.  She also represents clients before federal and state taxing authorities.  Ms. Vaselaney is a member of the American Institute of Certified Public Accountants and has been a member of the Steering Committee for AICPA’s National Advanced Estate Planning Conference since 2001.  Ms. Vaselaney received her B.A. from the University of Dayton and her J.D. from the Cleveland-Marshall College of Law.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • On-Demand
    Format
  • 60
    Min.
  • 1/18/24
    Avail. to
  • DETAILS
Course1

Indemnification & Hold Harmless Agreements in Real Estate Transactions

$85.00
  • Author/Instructor:  Anthony Licata

Indemnification and hold harmless agreements are part of virtually every real estate transition.  These agreements protect parties against financial loss or other liability arising from the occurrence of certain events. Indemnification is often backed by insurance policies. The interaction between indemnification provisions – scope, triggering events, assertion of claims and payment – and funding sources is typically very complex.  This program will provide you with a real-world guide to indemnification and insurance in real estate development, ownership, and leasing.   Forms of indemnification in real estate Scope of indemnity, triggering events or discoveries, ensuring payment of claims Utilizing insurance policies to guarantee and fund indemnification claims Types and roles of various forms of insurance – casualty, business/rent interruption, CGL Important differences among named insureds and additional insureds Drafting interaction of co-insurance, valuation, and agreed value endorsements   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • On-Demand
    Format
  • 60
    Min.
  • 3/8/24
    Avail. to
  • DETAILS
Course1

Joint Ventures in Real Estate, Part 1

$85.00
  • Author/Instructor:  John S. Hollyfield, Richard R. Goldberg

Real estate joint venturesleverage the capital and expertise of partners to develop and operate or sell projects of every size.These joint ventures can take different forms – contractual or entity-based – and often involve a complex mix of equity and debt, preferential returns, and various types of fees. Thirdparties, including contractors, may have profit participation rights.  Real estate joint ventures are highly complex exercises in finance and risk management. This program will provide you with a real-world guide to types of real estate joint ventures, major capital structuring issues, and drafting the major provisions of the underlying documents. Day 1: Entity selection for joint ventures Structing competing interests of investors, developers, and lenders Capital structure – getting the right mix of equity, mezzanine financing& long-term debt Initial and subsequent capital contributions of partners Day 2: Management and information rights  Guarantees issue in joint ventures Structuring ordinary and liquidating distributions Valuation and sales/exchanges of partnership interests   Speakers: John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law. Richard R. Goldberg is a retired partner, resident in the Philadelphia office of Ballard Spahr, LLP, where he established an extensive real estate practice, including development, financing, leasing, and acquisition.  Earlier in his career, he served as vice president and associate general counsel of The Rouse Company for 23 years.  He is past president of the American College of Real Estate Lawyers, past chair of the Anglo-American Real Property Institute, and past chair of the International Council of Shopping Centers Law Conference.  Mr. Goldberg is currently a Fellow of the American College of Mortgage Attorneys and is a member of the American Law Institute.  Mr. Goldberg received his B.A. from Pennsylvania State University and his LL.B. from the University of Maryland School of Law.     Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • On-Demand
    Format
  • 60
    Min.
  • 11/15/24
    Avail. to
  • DETAILS
Course1

Joint Ventures in Real Estate, Part 2

$85.00
  • Author/Instructor:  John S. Hollyfield, Richard R. Goldberg

Real estate joint venturesleverage the capital and expertise of partners to develop and operate or sell projects of every size.These joint ventures can take different forms – contractual or entity-based – and often involve a complex mix of equity and debt, preferential returns, and various types of fees. Thirdparties, including contractors, may have profit participation rights.  Real estate joint ventures are highly complex exercises in finance and risk management. This program will provide you with a real-world guide to types of real estate joint ventures, major capital structuring issues, and drafting the major provisions of the underlying documents. Day 1: Entity selection for joint ventures Structing competing interests of investors, developers, and lenders Capital structure – getting the right mix of equity, mezzanine financing& long-term debt Initial and subsequent capital contributions of partners Day 2: Management and information rights  Guarantees issue in joint ventures Structuring ordinary and liquidating distributions Valuation and sales/exchanges of partnership interests   Speakers: John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law. Richard R. Goldberg is a retired partner, resident in the Philadelphia office of Ballard Spahr, LLP, where he established an extensive real estate practice, including development, financing, leasing, and acquisition.  Earlier in his career, he served as vice president and associate general counsel of The Rouse Company for 23 years.  He is past president of the American College of Real Estate Lawyers, past chair of the Anglo-American Real Property Institute, and past chair of the International Council of Shopping Centers Law Conference.  Mr. Goldberg is currently a Fellow of the American College of Mortgage Attorneys and is a member of the American Law Institute.  Mr. Goldberg received his B.A. from Pennsylvania State University and his LL.B. from the University of Maryland School of Law.     Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • On-Demand
    Format
  • 60
    Min.
  • 11/16/24
    Avail. to
  • DETAILS
Course1

Letters of Intent in Real Estate Transactions

$85.00
  • Author/Instructor:  Anthony Licata

Letters of intent in real estate transactions – buying/selling property and leasing – are essential in helping the parties frame areas of agreement, identify areas for further negotiation, and establish a timeline for completing the deal. These letters can also be cost-effective in determining whether the parties can reach agreement on major terms before definitive agreements are drafted.  But there are substantial drawbacks. One party may use the letter to shop the transaction to third parties, using the offer as a stalking horse.  In some instances, too, the letter itself may be so detailed that it becomes enforceable. This program will provide you with a practical guide to drafting letters of intent in commercial real estate acquisition and sales, and leasing transactions.   Defining timeframes for negotiations/operative agreements & expiration of letter Core economic terms – purchase price and holdbacks, lease payments, escalator clauses Deposits – hard money v. soft money – and escrow instructions Identifying the property subject to acquisition or lease Other major terms – use, exclusivity, environmental issues, etc. Confidentiality and non-marketing provisions   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • On-Demand
    Format
  • 60
    Min.
  • 12/16/23
    Avail. to
  • DETAILS
Course1

LIVE REPLAY: My Client's Commercial Real Estate Mortgage is Due, Now What?

$85.00
  • Author/Instructor:  Anthony Licata

When a commercial real estate loan comes due, there are, generally, three alternatives for clients: refinance the loan, if possible; sell the property, if possible; or restructure the development’s capital structure, perhaps with more equity. There are complex tradeoffs with each.  Renegotiating an extending a loan is time-consuming, even when lenders are willing, and potentially very costly. Selling a project in a frothy market is a possibility, but not universally, and may trigger adverse tax consequences. Most murky of all is restructuring the capital structure of project. This program will provide you with a practical guide to the issues of working with clients when their commercial real estate loans come due.   Alternatives when a commercial real estate mortgage comes due Exploration of refinance options in an environment ofvolatile interest rates Role of preferred equity, mezzanine loans, and second mortgages Alternative of selling into a strong market Counseling clients about refinance in a time of certainty   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • Webcast
    Format
  • 60
    Min.
  • 12/23/22
    Presented
  • DETAILS
Course1

Mother Nature & Leases: Drafting Issues to Protect Against Storm & Other Damage

$85.00
  • Author/Instructor:  Richard R. Goldberg

As extreme weather becomes more common, landlords and tenants are spending more time with overlooked lease provisions on weather-related damage.  When a weather or other “Act of God” event occurs, the tenants often have a wider array of remedies, including sometimes termination of the lease, and landlord’s see their risk (and thereby their costs) increase substantially.  As the probability of these events become less than trivial, it’s important reassess whether “boiler-plate” provisions still make economic and risk-management sense. This program will provide you with a real-world guide to drafting and reviewing weather-related and other force majeure provisions in commercial leases.   Intricacies of force majeure clauses in leases Termination rights – triggers for landlords and tenants Economic concessions – rent abatement and other financial considerations Duty of landlord to restore, rights of tenant to access property & construction issues Practical, timely and cost-effective assertion of rights   Speaker: Richard R. Goldberg is a retired partner, resident in the Philadelphia office of Ballard Spahr, LLP, where he established an extensive real estate practice, including development, financing, leasing, and acquisition.  Earlier in his career, he served as vice president and associate general counsel of The Rouse Company for 23 years.  He is past president of the American College of Real Estate Lawyers, past chair of the Anglo-American Real Property Institute, and past chair of the International Council of Shopping Centers Law Conference.  Mr. Goldberg is currently a Fellow of the American College of Mortgage Attorneys and is a member of the American Law Institute.  Mr. Goldberg received his B.A. from Pennsylvania State University and his LL.B. from the University of Maryland School of Law.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • On-Demand
    Format
  • 60
    Min.
  • 3/24/23
    Avail. to
  • DETAILS
Course1

My Client's Commercial Real Estate Mortgage is Due, Now What?

$85.00
  • Author/Instructor:  My Client's Commercial Real Estate Mortgage is Due, Now What?

When a commercial real estate loan comes due, there are typically three alternatives for clients: refinance the loan, sell the property underlying the mortgage, or restructure the property’s capital structure, perhaps by adding more equity. There are complex tradeoffs with each alternative.  Renegotiating a loan extension is time-consuming, even when credit is available. Selling the property, especially in a strong market, may trigger adverse tax consequences. Most murky of all is restructuring the capital structure of project. Is the owner willing to add more equity to the project? This program will provide you with a practical guide to the issues of working with clients when their commercial real estate loans come due. Alternatives when a commercial real estate mortgage comes due Exploration of refinance options in an environment of volatile interest rates Role of preferred equity, mezzanine loans, and second mortgages Alternative of selling into a strong market Counseling clients about refinance in a time of certainty Speakers: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School. John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • On-Demand
    Format
  • 60
    Min.
  • 5/3/24
    Avail. to
  • DETAILS
Course1

Parking: Special Issues in Commercial Leases

$85.00
  • Author/Instructor:  Anthony Licata

The right of tenants – and their employees and customers – to park can be one of the most important elements of office and retail leases.  Physical space is often sparse and expensive, making parking spots even more dear. Tenants want absolute rights to parking and to ensure attendant services – e.g., snow removal, maintenance, etc. – while landlords want maximum flexibility, including the right to reclaim spots.  This program will provide you with a practical guide to spotting parking issues in commercial leases, and negotiating effective rights for your clients.    Demised spaces v. rights to park Types of rights to park – general rights v. exclusive rights Issues for lots v. parking garages Duties to patrol employee use of parking spots Economic issues for landlords and tenants, including CAM Parking as zoning issue – ratio of office/retail space to parking spots Reclamation of parking spots by landlord for later development   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.

  • On-Demand
    Format
  • 60
    Min.
  • 9/1/24
    Avail. to
  • DETAILS
Course1

Real Estate Finance: Trends and Best Practices, Part 1

$85.00
  • Author/Instructor:  Anthony Licata

This program will provide you with a guide to real estate finance. It will cover the practical aspects of structuring debt, equity, and mezzanine finance.  Major issues and traps in negotiating first mortgages, including personal guarantees and carve-outs, will be discussed in detail. The program will also cover credit enhancement, leasehold finance, and how financing alternatives have changed in a stronger market. This program will provide you with a real-world guide to major issues in negotiating and drafting real estate finance agreements. Day 1: Major issues of negotiating first mortgages Loan application and bank commitments Role of personal guarantees and negotiating non-recourse carve-outs with lenders Defeasance and prepayment premiums Day 2: Structuring equity in real estate deals Mezzanine financing and drafting issues Leasehold finance Credit enhancement instruments Single purpose entities for finance purposes   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • On-Demand
    Format
  • 60
    Min.
  • 2/15/24
    Avail. to
  • DETAILS
Course1

Real Estate Finance: Trends and Best Practices, Part 2

$85.00
  • Author/Instructor:  Anthony Licata

This program will provide you with a guide to real estate finance. It will cover the practical aspects of structuring debt, equity, and mezzanine finance.  Major issues and traps in negotiating first mortgages, including personal guarantees and carve-outs, will be discussed in detail. The program will also cover credit enhancement, leasehold finance, and how financing alternatives have changed in a stronger market. This program will provide you with a real-world guide to major issues in negotiating and drafting real estate finance agreements. Day 1: Major issues of negotiating first mortgages Loan application and bank commitments Role of personal guarantees and negotiating non-recourse carve-outs with lenders Defeasance and prepayment premiums Day 2: Structuring equity in real estate deals Mezzanine financing and drafting issues Leasehold finance Credit enhancement instruments Single purpose entities for finance purposes   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • On-Demand
    Format
  • 60
    Min.
  • 2/16/24
    Avail. to
  • DETAILS
Course1

Risky Tenants: Drafting Issues for Landlords

$85.00
  • Author/Instructor:  Anthony Licata

Landlords (and their lenders) want nothing more than certainty in the stream of rental payments from tenants. When risks are involved – because of the profile of the tenant or the nature of its operations – landlords seek to offset the risk through higher rents and protective provisions in leases. Those provisions may include restrictions on usage, insurance requirements, more thoroughgoing inspections or other restrictions.  This program will provide you with a guide to drafting and negotiating leases when a landlord has a risky tenant, with an emphasis on offsetting or compensation for that additional risk.    Drafting protections for landlords when tenants pose legal or operational risks – including cannabis businesses Identifying points of potential liability – financial and otherwise – for landlords Drafting scope of tenant use to permit activity but limit landlord risk Economic issues – rent, guarantees, insurance, supplemental payments, escrow Termination provisions – when can the landlord pull the plug?   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • On-Demand
    Format
  • 60
    Min.
  • 1/16/23
    Avail. to
  • DETAILS
Course1

Special Lease Issues for Medical/Dental Offices

$85.00
  • Author/Instructor:  John S. Hollyfield

Leased Medical office space is now larger than industrial and nearly as large as retail leasing. These encompass primary medical and dental care practice, specialized surgical hospitals, long-term acute care facilities, community clinics, and health and wellness facilities.  All of these come with special leasing issues, including the creation and disposal of medical or hazardous waste, the installation of specialized equipment, additional regulatory compliance requirements associated with health care, and even patient privacy issues.  This program will provide you with a practical guide to special issues in drafting for medical and dental office space.    Types of medical properties and how leasing issues differ for each Medical offices in space not specifically designed for medical services Generation and disposal and medical and hazardous waste Accessibility issues and compliance with medical care regulations Landlord right of entry/patient privacy issues Installation of special medical/dental equipment and waiver of liens Special electricity needs and continuity of service   Speakers:  John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law.     Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • On-Demand
    Format
  • 60
    Min.
  • 9/13/24
    Avail. to
  • DETAILS
Course1

Subtenants in Commercial Leasing: How to Protect Your Client

$85.00
  • Author/Instructor:  Anthony Licata

Subleases are by their very nature filled with substantial risk.  A sub-tenant agrees to take space – office, retail, or industrial – from a sub-landlord, pay the sub-landlord rent, and perform certain services. But without between the sub-tenant and the senior landlord, the sub-tenant has no rights to assert against the senior landlord even though the sub-tenant’s use of the space may depend on the actions of the senior landlord.  This sub-tenant is also at substantial risk of losing the space if either the senior or sub-landlord goes bankrupt. The relationship of these parties is highly complex. This program will provide you with a practical guide protecting subtenants in leasing.   Counseling sub-tenant clients about the range of risks in subleases How to read master leases to spot red flags for tenants Types of subleases – what works for bigger/smaller clients and spaces? Identifying master lease’s control of subleasing and sublease terms Master lease money provisions, use restrictions, attornment provisions, and termination Determining whether sublease risks outweigh the benefits   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.     Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • On-Demand
    Format
  • 60
    Min.
  • 10/17/24
    Avail. to
  • DETAILS
Course1

Tax Planning for Real Estate, Part 1

$85.00
  • Author/Instructor:  Leon Andrew Immerman, Saba Ashraf

  Tax issues in major real estate transactions – property development, long-term ownership, build-and-sell, like-kind exchanges – often drive the structures of these deals. If not properly considered, tax issues can also have a major adverse impact on the underlying economics of a deal.  The structure of a transaction can impact the timing and amount of gain, the treatment of losses (often very valuable to participants), and even the tax rate.  At every stage of a transaction, tax plays an important role.  This program will provide you with a practical guide to major tax planning issues in real estate deals, including choice of entity, capital gains and distribution planning, and advanced like-kind exchange issues.   Day 1: Choice of entity considerations – contributions, distributions, and eventual sales Acquiring property in a form to minimize taxes later Understanding allocation and distribution provisions – layered allocations, target/forced allocations, built-in-gain (or loss) allocations Understanding and drafting for continuing ownership, including capital shifts and other shifts in ownership Deductions arising from non-recourse debt and minimum gain chargebacks   Day 2: Advanced Like-Kind techniques for deferring gain on the disposition of property Techniques for using partnerships – mixing bowl partnerships, freeze partnerships, leveraged acquisition partnerships Installment sales and cross-purchase/redemption agreements Capital gain tax planning and the 3.8% tax on net investment income   Speakers: Leon Andrew Immerman is a partner in the Atlanta office of Alston & Bird, LLP, where he concentrates on federal income tax matters, including domestic and international tax planning and transactional work for joint ventures, partnerships, limited liability companies and corporations. He formerly served as chair of the Committee on Taxation of the ABA Business Law Section and as chair of the Partnership and LLC Committee of the State Bar of Georgia Business Law Section.  He is also co-author of “Georgia Limited Liability Company Forms and Practice Manual” (2d ed. 1999, and annual supplements).  Mr. Immerman received his B.A., magna cum laude, from Carleton College, his M.A. from the University of Minnesota, and another M.A. and his Ph.D. from Princeton University, and his J.D. from Yale Law School.   Saba Ashraf is a partner in the Philadelphia office of Ballard Spahr, LLP and co-practice leader of the firm’s tax group. She advises clients worldwide on corporate and partnership taxation matters and has managed the tax aspects of a wide range of complex business transactions, including coordination with internal and external non-tax counsel and financial advisers. She handles the tax-related issues involved in mergers and acquisitions, joint ventures,  debt restructurings and loan workouts, and the tax aspects of REITs and investments in real estate.  She is past chair of the ABA Business Law Section’s Tax Committee.  Ms. Ashraf earned her B.S., cum laude, from New York University, her J.D. from Hofstra University School of Law, and her LL.M. in tax from New York University School of Law.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • On-Demand
    Format
  • 60
    Min.
  • 10/13/23
    Avail. to
  • DETAILS
Course1

Trust & Estate Planning for Real Estate, Part 1

$85.00
  • Author/Instructor:  Missia H. Vaselaney, Michael Sneeringer

Trust and estate planning for real estate and real estate entrepreneurs is full of special challenges.  Real estate is illiquid, its value can swing wildly, and it can be difficult to value.  Commercial real estate may be owned in an LLC and subject to complex contractual relationships that make transferring it difficult.  There are also the challenges of transferring a unique family property – a personal residence, or family vacation property, a farm or ranch. This program will provide you a detailed guide to trust and estate planning for real property assets and for real estate entrepreneurs. Day 1: Planning opportunities and challenges for real estate and real estate entrepreneurs Planning for lifetime giving of fractional interests in real estate Asset protection techniques for real estate assets Issues related to restructured real estate assets Planning for family properties – QPRTs, SERTs, and LLC techniques Day 2: Unique challenges of planning for liquidity with illiquid assets Valuation discount issues and planning in a rising but volatile market Value freezing techniques using LLCs Grantor Retained Annuity Trust (GRAT), sales to defective grantor trusts, and sales of self-cancelling installment notes Charitable giving techniques for real estate   Speakers: Missia H. Vaselaney is a partner in the Cleveland office of Taft, Stettinius & Hollister, LLP, where her practice focuses on estate planning for individuals and businesses.  She also represents clients before federal and state taxing authorities.  Ms. Vaselaney is a member of the American Institute of Certified Public Accountants and has been a member of the Steering Committee for AICPA’s National Advanced Estate Planning Conference since 2001.  Ms. Vaselaney received her B.A. from the University of Dayton and her J.D. from the Cleveland-Marshall College of Law. Michael Sneeringer an attorney in the Naples, Florida office of Porter Wright Morris & Arthur LLP, where his practice focuses on trust and estate planning, probate administration, asset protection planning, and tax law. He has served as vice chair of the asset protection planning committee of the ABA’s Real Property, Trust and Estate Section and is an official reporter of the Heckerling Institute.  Mr. Sneeringer received his B.A. from Washington & Jefferson College, his J.D., cum laude, St. Thomas University School of Law, and his LL.M. from the University of Miami School of Law.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • On-Demand
    Format
  • 60
    Min.
  • 7/14/23
    Avail. to
  • DETAILS
Course1

Trust & Estate Planning for Real Estate, Part 2

$85.00
  • Author/Instructor:  Missia H. Vaselaney, Michael Sneeringer

Trust and estate planning for real estate and real estate entrepreneurs is full of special challenges.  Real estate is illiquid, its value can swing wildly, and it can be difficult to value.  Commercial real estate may be owned in an LLC and subject to complex contractual relationships that make transferring it difficult.  There are also the challenges of transferring a unique family property – a personal residence, or family vacation property, a farm or ranch. This program will provide you a detailed guide to trust and estate planning for real property assets and for real estate entrepreneurs. Day 1: Planning opportunities and challenges for real estate and real estate entrepreneurs Planning for lifetime giving of fractional interests in real estate Asset protection techniques for real estate assets Issues related to restructured real estate assets Planning for family properties – QPRTs, SERTs, and LLC techniques Day 2: Unique challenges of planning for liquidity with illiquid assets Valuation discount issues and planning in a rising but volatile market Value freezing techniques using LLCs Grantor Retained Annuity Trust (GRAT), sales to defective grantor trusts, and sales of self-cancelling installment notes Charitable giving techniques for real estate   Speakers: Missia H. Vaselaney is a partner in the Cleveland office of Taft, Stettinius & Hollister, LLP, where her practice focuses on estate planning for individuals and businesses.  She also represents clients before federal and state taxing authorities.  Ms. Vaselaney is a member of the American Institute of Certified Public Accountants and has been a member of the Steering Committee for AICPA’s National Advanced Estate Planning Conference since 2001.  Ms. Vaselaney received her B.A. from the University of Dayton and her J.D. from the Cleveland-Marshall College of Law. Michael Sneeringer an attorney in the Naples, Florida office of Porter Wright Morris & Arthur LLP, where his practice focuses on trust and estate planning, probate administration, asset protection planning, and tax law. He has served as vice chair of the asset protection planning committee of the ABA’s Real Property, Trust and Estate Section and is an official reporter of the Heckerling Institute.  Mr. Sneeringer received his B.A. from Washington & Jefferson College, his J.D., cum laude, St. Thomas University School of Law, and his LL.M. from the University of Miami School of Law.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • On-Demand
    Format
  • 60
    Min.
  • 7/15/23
    Avail. to
  • DETAILS
Course1

Unwinding a Commercial Real Estate Transaction Gone Bad, Part 1

$85.00
  • Author/Instructor:  Anthony Licata

  When a real estate project goes bad for whatever reason – sales are slow or at prices below projections, leasing is slow, or there are extensive cost-overruns or regulatory delays – developers, investors, lenders, and others are left scrambling to restructure the project and salvage any value or at least limit losses.This often involves restructuring or possibly refinancing a loan.  It may also involve additional equity.  Another option is selling the project, if possible.  These processes can be complicated by the nature of the investors and lenders involved.  This program will provide you with a practical guide to restructuring troubled real estate projects.  Day 1: Practical strategies for unwinding real estate deals outside of bankruptcy or litigation Negotiating, structuring and drafting the restructuring of failed real estate projects Underlying economics and tradeoffs of real estate restructuring Types of sellers and their impact on restructuring – individual owner, institutional, joint venture, private equity Complications and limitations involving syndicated loans, CMBS loans, and REMICs Navigating seller issues – personal guaranties, ongoing management fees, upside participation, reputation Day 2: Restructuring alternatives, including straight purchases, “Loan to Own,” rescue capital/preferred stock/securities Drafting forbearance and loan modification agreements Receivership of distressed properties and planning to emerge from receivership “Loan to own” strategies and limitations Tax issues, including cancellation of indebtedness and restructuring recourse indebtedness Potential loss of valuable tax attributes and tax planning opportunities   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  He speaks extensively on real estate topics nationally.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • On-Demand
    Format
  • 60
    Min.
  • 7/28/23
    Avail. to
  • DETAILS
Course1

Unwinding a Commercial Real Estate Transaction Gone Bad, Part 2

$85.00
  • Author/Instructor:  Anthony Licata

When a real estate project goes bad for whatever reason – sales are slow or at prices below projections, leasing is slow, or there are extensive cost-overruns or regulatory delays – developers, investors, lenders, and others are left scrambling to restructure the project and salvage any value or at least limit losses.This often involves restructuring or possibly refinancing a loan.  It may also involve additional equity.  Another option is selling the project, if possible.  These processes can be complicated by the nature of the investors and lenders involved.  This program will provide you with a practical guide to restructuring troubled real estate projects.  Day 1: Practical strategies for unwinding real estate deals outside of bankruptcy or litigation Negotiating, structuring and drafting the restructuring of failed real estate projects Underlying economics and tradeoffs of real estate restructuring Types of sellers and their impact on restructuring – individual owner, institutional, joint venture, private equity Complications and limitations involving syndicated loans, CMBS loans, and REMICs Navigating seller issues – personal guaranties, ongoing management fees, upside participation, reputation Day 2: Restructuring alternatives, including straight purchases, “Loan to Own,” rescue capital/preferred stock/securities Drafting forbearance and loan modification agreements Receivership of distressed properties and planning to emerge from receivership “Loan to own” strategies and limitations Tax issues, including cancellation of indebtedness and restructuring recourse indebtedness Potential loss of valuable tax attributes and tax planning opportunities   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  He speaks extensively on real estate topics nationally.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • On-Demand
    Format
  • 60
    Min.
  • 7/29/23
    Avail. to
  • DETAILS