CLE Sessions

Friday, September 6 • 7:30 am–Noon

7:45 am–8:45 am

The 3 R’s of Mezzanine and Subordinate Financing: Risks, Rewards, and Remedies

The panelists will cover current issues and trends in the use of mezzanine financing, preferred equity, and a/b notes and will include discussion on perfecting the security interest in pledged equity and related title insurance issues.The panel will also examine drafting problems and recent litigation affecting intercreditor rights.The exercise of remedies under a mezzanine loanon default, including the pledge of equity as additional collateral for amortgage loan, will also be addressed.

Moderator:
Jenna Vick Unell

C-III Asset Management LLC
Irving, Texas


Panel:
Timothy E. Davis

White and Williams LLP
Philadelphia, Pennsylvania


Meagen E. Leary
Duane Morris LLP
San Francisco, California

Dawn M. Lewallen
First American Title
Houston, Texas

Simon A. Reeve
Nationwide Insurance
Columbus, Ohio

8:45 am–9:45 am

UCC Opinions in Real Estate Finance Transactions

The panel will discuss UCC opinions requested in real estate finance transactions and the substantive law that attorneys need to understand to give UCC opinions. There will also be a discussion of the recent UCC Opinions Report by ACMA members involved in the report.

Moderator:
James C. Wine

Nyemaster Goode, P.C.
Des Moines, Iowa


Panel:
Cheryl A. Kelly

Thompson Coburn LLP
St. Louis, Missouri


Robert J. Krapf
Richards, Layton & Finger, PA
Wilmington, Delaware


Sterling Scott Willis
Fishman Haygood. L.L.P.
New Orleans, Louisiana

10:00 am–11:00 am

Not Your Grandparents’ Ground Lease

This panel will discuss the modernization of ground leases as a more efficient capital solution relative to traditional financing options. In contrast to outdated ground leases of old, a new breed of ground leases designed for today's real estate finance markets offers the potential to deliver better capital and returns for commercial real estate owners, developers, and operators.

Moderator:
Alec G. Nedelman
iStar Inc.
Los Angeles, California


Panel:
Timothy Doherty

iStar Inc.
Los Angeles, California


Andrew L. Jagoda
Katten Muchin Rosenman LLP
New York, New York


Jennifer L. Wolf, JD
Securian Asset Management, Inc.
St. Paul, Minnesota

11:00 am–Noon

The New (and Improved?) ALTA Title Policies: Are You Ready for Them?

This presentation will focus on the new ALTA Title Policy revisions, and in particular, important changes to the loan title policies, ACMA changes that did not make the cut, and notable changes to owner title policies.

Moderator:
Candace M. Cunningham

Robinson & Cole, LLP
Hartford, Connecticut


Panel:
Paul L. Hammann

First American Title Insurance Company
Puyallup, Washington

Jason E. Goldstein
Buchalter
Los Angeles, California

James L. Gosdin
Stewart Title Guaranty Company
Houston, Texas

Prof. Joyce Palomar
University of Oklahoma College of Law
Norman, Oklahoma


 

Saturday, September 7 • 7:30 am–Noon

7:30 am–8:30 am

Let’s Not Get Burned by These Latest Hot Topics: Lessons to Learn About Delaware LLCs, LIBOR, and Loan Splits

Start your Saturday with this sizzling presentation of hot topics!The panel will involve a lively discussion about several matters that every real estate lawyer should know how to handle.Analyze the hot-off-the-presses Delaware LLC Act amendments regarding divisions and “registered” series and how they will impact real estate deals.Learn the latest developments regarding LIBOR.Explore the practical aspects of the nuances one must remember and consider when splitting loans.

Moderator:
Gisela M. Munoz

Stearns Weaver Miller Weissler Alhadeff & Sitterson P.A.
Miami, Florida

Panel:
Joy A. Barrist

Potter Anderson & Corroon LLP
Wilmington, Delaware


Eugene DiPrinzio
Young, Conaway, Stargatt & Taylor, LLP
Wilmington, Delaware

Jonathan Thalheimer
McGuire, Craddock & Strother, PC
Dallas, Texas

Adam B. Weissburg
Cox, Castle & Nicholson LLP
Los Angeles, California

8:30 am–9:30 am

Specialty Lending Topics 2019

This panel discussion will address debtor in possession bankruptcy financing; California-specific lending issues; financing for manufactured housing; developments in construction financing; lending to tenants in common; and other specialty lending topics.

Moderators:
Alan M. Feld

Sheppard Mullin Richter & Hampton LLP
Los Angeles, California

Michelle Z. McDonald
MDH Law Group LLC
Denver, Colorado


Panel:
Howard B. Goldman

Honigman LLP
Bloomfield Hills, Michigan

Mark T. Okuma
Sheppard Mullin Richter & Hampton LLP
Los Angeles, California

Jeffrey A. Petit
McCarter & English LLP
Newark, New Jersey


10:00 am–11:00 am

Remedies and Other Enforcement Issues Regarding Commercial Real Property Loans: A National Perspective

The panel will provide a multi-state review of remedies available to real property lenders to enforce their loan documents. The focus of the panel will be on practical issues faced by real property lenders in different jurisdictions, with topics including judicial and nonjudicial foreclosure, strategies for maximizing loan recovery both before and after foreclosure, issues facing lenders when appointing a receiver, and potential title issues that may arise in the enforcement of the lender’s remedies.

Moderator:
Kenneth Miller

Parker, Milliken, Clark, O’Hara & Samuelian, APC
Los Angeles, California


Panel:
Michael E. Busch

Fidelity National Title Group
Irvine, California


Anthony J. Carriuolo
Berger Singerman LLP
Ft. Lauderdale, Florida


Heather M. Olson
Dickinson Wright PLLC
Troy, Michigan

11:00 am–Noon

Smokin’ Hot: Ethical Issues for Lawyers Advising Business Clients in States With Legalized Marijuana

Even though marijuana is a federal Schedule I drug in the same category as heroin, issues involving leasing, finance, and property issues abound in the more than 30 states that have legalized marijuana usage in some form. Seventeen of these states either have changed their rules of professional conduct or have issued ethics opinions that purport to give permission for lawyers to advise clients about these state law issues. Lawyers are being asked to represent clients in the buying, leasing, or financing of property used in connection with state-licensed marijuana businesses. What can a lawyer do and what are the risks? ACMA member Mike Rubin will address these issues with his unique blend of scholarship and humor in one of the most unusual multimedia presentations you’ll ever experience. It will challenge your thinking, raise issues to ponder, and give you something to smile about.

Presenter:
Michael H. Rubin

McGlinchey Stafford, PLLC
Baton Rouge, Louisiana