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Join us virtually for Modern Real Estate Transactions 2021. Historically, this course covers every aspect of a commercial real estate transaction – from entity selection, to property financing and acquisition, to asset leasing, to insurance and insolvency matters, and more!
Exploring a full range of cutting-edge issues and drawing professionals from across the country, this annual conference is always “the place to be” for all eminent domain and land use practitioners looking to learn from recognized and experienced professionals representing the diverse stakeholders in these cases. As is tradition, we will have our National Forum (this year combined with a litigation update) – an opportunity to hear brief stories of interesting cases and clients – so that others may benefit from those successes, failures, novel approaches, and lessons learned.
There are many reasons for parties to enter into a joint venture when undertaking a project. Regardless of the rationale behind the deal, a successful joint venture cannot move forward until a solid joint venture agreement has been created that clearly allocates costs, profits, governance obligations, and subsequent risks. These complex agreements often pose significant challenges for attorneys during the critical negotiating and drafting phase that can make or break a deal. This program aims to educate attorneys by providing real world advice on the best practices for handling joint venture agreements, focusing on real estate and construction agreements as a practical application.
The pandemic-induced economic downturn has impacted the commercial retail real estate market particularly hard-with new retail bankruptcy filings seemingly occurring every week. Given the prevalence of such filings, it is critical that landlords and tenants of non-residential real property understand the rights, protections and obligations afforded them under the Bankruptcy Code, including, but not limited to, the imposition of the automatic stay, a tenant's right to reject, assume and assume and assign its unexpired non-residential real property leases, and a tenant's rights and obligations pending its decision to request, assume or assume and assign such leases. As the current economic crisis continues, landlords and tenants will seek counsel to confront the growing legal and business uncertainties involving the looming threat of defaults and more bankruptcies. As counsel to either a landlord or tenant, you need to understand how to navigate through the current economic distress and the chapter 11 process.
The current economic downturn that has seen businesses struggle with bankruptcy, hobbling the commercial real estate market and substantially increasing the number of tenant closures and lease defaults. As a result, real estate attorneys are forced to address of some features of bankruptcy law to help direct their clients to take appropriate action. This program aims to familiarize commercial real estate lawyers with the basics of bankruptcy to effectively assist clients involved in bankruptcy proceedings.
The concept of an executory contract is fairly simple – it is a contract between a debtor and another party under which both sides still have important performance obligations remaining. When a party to a contract or lease files for bankruptcy, claims arising from executory contracts and leases are treated differently from other claims. This can create both uncertainty and opportunity as the debtor chooses which contracts and leases to assume while creditors seek to assert their rights. Whether you are advising a debtor or creditor, you need to understand the legal ambiguities regarding a debtor’s ability to assume or reject executory contracts and associated enforceability issues.
Topics to be discussed include:
• Physical modifications to workspaces and common areas
• Application of existing lease terms—or renegotiation of lease terms
• Mutual responsibilities of landlords and tenants for occupant safety
• Potential liabilities of landlords and tenants for COVID-19 cases contracted in the reopened office space
No one can tell one can tell how the COVID pandemic will play out. But one thing is certain: many things are changing for the long term, including the commercial real estate industry.—The $2 trillion-dollar CARES Act includes federal tax provisions that will significantly impact real estate contractors, creditors, investors, landlords, and tenants now and for years to come.
COVID-19 is significantly impacting financial and real estate markets. Tenants are unable to pay their rent, owners cannot pay their mortgages, and chapter filings have increased. Long-time, national business like JCrew and Gold’s Gym have recently filed for protection, showing the world that big businesses are just as susceptible to cash flow problems as small ones. As filings increase lenders will act quickly, looking to the courts to lift bankruptcy stays. In light of the COVID-19 pandemic, the bankruptcy landscape is changing and evolving differently. Practitioners need to prepare themselves for new procedures and new postures with regard to filings, stay applications, and recovery options. This program will be your first step in understanding what changes to expect in the bankruptcy context and how you should adapt practices to help your clients weather this pandemic and the eventual recovery.