Real Property Retreat - Schedule of Events

Registration/Exhibits

11 a.m. - 4:30 p.m.

Concurrent Sessions

(1.25 Hours of MCLE Credit)

[1] Negotiating the Land Use Project’s Conditions of Approval -- Perspectives from All Stakeholders

An attorney for a city and a private developer will negotiate conditions of approval for a development project with audience participation and input. All attorneys who are involved in the development process will be interested in this presentation.

Speakers: John Bakker, Meyers Nave, Oakland and Michael Patrick Durkee, Wactor & Wick LLP, Oakland

[2] How to Use an Insurance Policy When You Really Need It

This presentation provides a background in how insurance policies are used in litigation and an introduction to the participants in the process and their roles. The course is designed to explain and educate attorneys on the roles and responsibilities of brokers and underwriters in the tendering of claims for casualty insurance. If you are ever called on to seek coverage and defense from an insurance carrier for yourself or your clients, you will want to attend this program.

Speakers: Susan Bryan, Regional Underwriting Manager, AIG, San Francisco; Robert J. Lieske, Willis Group, Irvine; Allen Packer, Newmeyer & Dillion, Walnut Creek

1 p.m. - 2:15 p.m.

Concurrent Sessions

(1.50 Hours of MCLE Credit)

[3] The New Normal in Commercial Real Estate Leasing

The presentation will cover the key issues and new developments involved in negotiating office leases, retail leases, industrial leases and ground leases. The viewpoints of the landlord, tenant, and lender will be included in the presentation. This program will provide the latest terms and concerns for all those involved in lease negotiation.

Speakers: Jodi Fedor, SSL Law Firm LLP, San Francisco; Heidi Hoch, HOCH CONSULTING, San Francisco;Michael E. McFadden, Allen Matkins Leck Gamble Mallory & Natsis LLP, Los Angeles

[4] The New Normal in Residential Foreclosures and Post-Foreclosure for Homeowners, Lenders, Tenants and Cities

After a brief review of the history of Mortgage Backed Securities and Commercial Mortgage Backed Securities, the course will provide an update from the bench and bar of new cases and statutes related to MERS, pre-foreclosure concerns and issues arising after foreclosure with respect to tenants. The course will also briefly review the issues related to deficiencies and discuss how some cities are reacting to the crisis.

Speakers: Judge David B. Flinn, Contra Costa County Superior Court; Judge Evelio Grillo, Alameda County Superior Court, Oakland; Craig Nevin, Law Office of Craig S. Nevin, Walnut Creek; Steven Mehlman, Kimball, Tirey & St. John LLP, Walnut Creek

[5] CEQA To Be Or Not to Be, a Debate

Panelists will debate whether or not CEQA should be substantially redesigned or eliminated in a moderated debate/talk show format. Topics will include the “job killing” effects of CEQA, the run-away train litigation impacts of CEQA, the environmental benefits of CEQA (do they exist), and alternatives. This program will not be a “how to” session or a review of case law, but rather a policy discussion of the need for and merits of CEQA reform. It is intended for CEQA practitioners and those with an interest in the CEQA process and its impact on development and the environment in
California.

Speakers: Cecily T. Barclay, Perkins Coie LLP, San Francisco; Jennifer Hernandez, Holland & Knight LLP, San Francisco; Amrit S. Kulkarni, Meyers Nave, Oakland; Christian L. Marsh, Downey Brand, San Francisco; David Pettit, Natural Resources Defense Council, Santa Monica

2:30 p.m. - 4 p.m.

Wine Tasting (Free Event) Sponsored by Stephen Vincent Wines  

Sponsored by Stephen Vincent Wines and ADR Services, Inc.

5:30 p.m. - 6:30 p.m.

Family Cookout BBQ Dinner in the Grove

(Ticketed Event $85)

6:30 p.m. - 8:30 p.m.

Section Leadership and Leadership Opportunities Party (Free Event)

8:30 p.m. - 10:30 p.m.

Registration/Exhibits

7 a.m. - 4 p.m.

Breakfast

(Ticketed Event $40)

7:30 a.m. - 8:30 a.m.

Plenary Session -- Professor’s Roundtable

(1.50 Hours of MCLE Credit)

The traditional review of the past year’s major litigation and statutory developments as it impacts California real property
practitioners.

Speakers: Roger Bernhardt, Professor of Law, Golden Gate University, San Francisco; Raymond R. Coletta, Professor of Law, McGeorge School of Law, University of the Pacific, Sacramento; Peter Wendel, Professor of Law, Pepperdine University School of Law, Malibu

7:45 a.m. - 9:15 a.m.

Introduction and RPLS Real Property Person of the Year and Morning Star Awards

The RPLS Real Property Person of the Year and the Morning Star Awards will be awarded for the first time. With real estate industry and Bar partners, RPLS will recognize lawyers and others who have advanced the California real estate industry. The Morning Star will be presented to five young real property lawyers demonstrating early dedication to the Bar.

9:15 a.m. - 9:30 a.m.

Concurrent Sessions

(1.50 Hours of MCLE Credit)

[6] The New Normal: Development in the Post-Redevelopment Era

This program examines the world of redevelopment after the demise of redevelopment agencies in areas such as housing, economic development, infrastructure financing and the use and disposition of former RDA assets. The panel will provide (i) a very brief, practical overview of the recent history of the end of RDAs, (ii) a status report on the follow-up litigation
challenging the underlying legislation that killed RDAs, (iii) a summary of what local jurisdictions and state legislators are doing in response to the absence of redevelopment, and (iv) information about some of the opportunities that now exist.

Speakers: JoAnne Dunec, Miller Starr Regalia, Walnut Creek and Brian C. Fish, McKenna Long & Aldridge, San Diego

[7] When Worlds Collide: A Joint Presentation of the Intellectual Property and Real Property Sections

This program will explore the intersection of real property with art law, copyright and trademark issues, and will address the following specific issues: how to avoid legal issues when installing or removing works of art; the added impact of historically significant art works; legal protections for architectural drawings; avoiding liability when using plans drawn by others or appropriating architectural details from other sources; issues with real property listings and with filming on real property.

Speakers: Cydney Tune, Pillsbury Winthrop Shaw Pittman LLP, San Francisco and Andrew W. Stroud, Mennemeier, Glassman & Stroud LLP, Sacramento

[8] The New Normal: Homebuilders Lessons Learned

The Great Recession impacted every aspect of our economy. Real estate lawyers saw bankruptcies, work-outs and foreclosures on a scale no one had even dreamed possible. As we emerge from the financial abyss and see the recovery in real estate, it would be a mistake not to look back and explore what lessons can be learned both from a transactional and
litigation perspective. This program will look at the “new normal” for homebuilders and other developers after the Great Recession.

Speakers: Donald J. Sajor, Pulte Group, Inc., Mission Viejo; Nancy Scull, McKenna Long & Aldridge, San Diego;Laura Lee Vuolo, J.F. Shea Co., Inc., San Diego; Melissa Trunnell, D.R. Horton, Corona

9:45 a.m. - 11:15 a.m.

Concurrent Sessions

(1.50 Hours of MCLE Credit)

[9] The New Normal: Financial Executive Roundtable on Current Financing Trends

Senior executives from leading financial institutions in the state will share their insights on the current state of the debt and equity markets in California: What kind of deals are being made, on what terms and for what kinds of projects? What are their projections for future deals and what kind of deals are they looking for? How have underwriting standards changed in the last year? Are construction deals happening? Have lenders worked their way through the troubled debt? This program will provide an insiders’ view that will assist all attorneys active in structuring financing deals for California real estate.

Speakers: William J. Bernfeld, K & L Gates, Los Angeles; David Casty, U.S. Bank - Special Assets Group, Irvine;Michael Nagin, Wells Fargo Commercial Real Estate, Los Angeles; Richard Ringer, Marcus & Millichap, Los Angeles

[10] How to Keep Your Real Estate Clients Loyal and Happy: A Client’s Perspective

This panel will cover a broad range of topics including effective marketing strategies, billing practices, communication practices, industry connections, client turn-ons and turn-offs, and a top 10 and bottom 10 list. How do inside counsel pick lawyers? What are they looking for once you are hired? How much do discounted rates matter? How can you make them look like heroes? What makes you a hero to them? What gets you fired? Get the scoop on the clients’ views on attorneyclient relationships. All attorneys in private practice will want to attend this presentation in order to better understand the needs and desires of their clients.

Speakers: Lorne Polger, Pathfinder Partners, LLC, San Diego and David A. Upshaw, California Registered In-House Counsel, Irvine Company Office Properties, Irvine

[11] Who Wants to be an Embarrassed Transactional Lawyer?

An interactive program hosted by an experienced real property transactional lawyer and an experienced real property litigator, intended to test the participants’ skills and knowledge in avoiding hidden bombs in real property contracts and transactions. Relying on statutory and case law, as well as many decades of cumulative experience, the hosts will use
written materials to present a series of issues which can and often do arise in connection with real estate transactions and associated contracts. Attorneys at all levels of experience and from a variety of backgrounds should find this program interesting and informative.

Speakers: Robert Miller, Braddock & Logan Services, Inc., Danville; Donald Putterman, Putterman Logan & Giles LLP, San Francisco; Larry R. Vollintine, Law Office of Larry R. Vollintine, Oakland

11:30 a.m. - 1 p.m.

Casual Lunch with Family and Friends

(Ticketed Event $25 Adults -- Children Complimentary)

1 p.m. - 2 p.m.

Concurrent Sessions

(1.50 Hours of MCLE Credit)

Small Group (Attendance limited in each of the following sessions to permit audience participation. You have an opportunity to list a 1st, 2nd, 3rd, and 4th choice. Register early to receive the class of your choice.)

[12] The New Normal in Trying a Real Estate Damages Case

In this down market, trying a case where you must prove the value of real estate is difficult. Foreclosure sales, REOs, and short sales have become the “new market” in the eyes of many appraisers. This small group presentation will include a mock trial presentation of an appraiser with direct and cross examination and a discussion of strategies and tactics for both sides.

Speakers: Hon. Lawrence W. Crispo (ret.), Dispute Resolution, Pasadena; Scott E. Jenny, Jenny & Jenny, Martinez; Manuel A. Martinez, Stein & Lubin LLP, San Francisco; Donald P. Pensotti, Valuation Services LLC/Appraisal Express, Danville

[13] Hotel Management Agreements

This is an introduction to hotel owner and manager hot-button issues. With an eye to both sides, we will work through a typical hotel management agreement as a group, with stops along the way to discuss key operational issues, management fee structures, budget provisions, employer/employee issues, and risk allocation. We will also discuss purchase agreements, loan subordination agreements, and issues that arise upon a change of ownership.

Speakers: Greg Duff, Garvey Schubert Barer, Seattle, WA; John Mackel, General Counsel, Larkspur Hotels& Restaurants, Larkspur; Danielle Merida, Kimpton Hotels & Restaurants, San Francisco

[14] Structuring & Enforcement of Multi-State Transactions

(This program is intended for participants with some familiarity with real property secured transactions.)

Many large deals involve real property collateral located in different states and may also be structured to govern the debt by the laws of a state which is not the law of the state where all or any of the collateral is located. The program will explore in an in-depth seminar format the legal and practical issues which exist in these two contexts: (1) structuring, documenting and closing these types of deals, and (2) the complex enforcement hurdles that can arise when the California one action
and anti-deficiency rules intersect with collateral-enforcement rules in other states. The program will also focus on the recent California case Gramercy Investment Trust v. Lakemont Homes and its relation with Section 187 of The Restatement of Conflicts.

Speaker: Dennis B. Arnold, Gibson, Dunn & Crutcher LLP, Los Angeles

[15] The New Normal in LLC Agreements -- A joint presentation of the Business Law and Real Property Sections

The new California Revised Uniform Limited Liability Company Act will take effect on January 1, 2014, and will replace entirely the current law. Learn how the change will affect limited liability companies in existence and what to consider in forming new limited liability companies. This program is intended for participants with some experience in forming and
documenting limited liability companies.

Speakers: Glenn Fuller, Kulik, Gottesman & Siegel, LLP, Sherman Oaks;Stephen I. Halper, Of Counsel, Sklar Kirsh LLP, Los Angeles;  Marianne Man, The Tax Counsel, A Law Firm, Newport Beach

2:15 p.m. - 3:45 p.m.

Wine Tasting Tapas Dinner

(Ticketed Event $95) (.50 MCLE Hours Credit)

Sponsored by Downey Brand Attorneys LLP and Wine Thieves.

6:30 p.m. - 10 p.m.

Registration/Exhibits

7 a.m. - 10:30 a.m.

Breakfast

(Ticketed Event $40)

7:30 a.m. - 8:30 a.m.

Concurrent Sessions

[16] Diversity: Special Challenges for the Commercial Real Estate Bar

(1.25 Hours Elimination of Bias in the Legal Profession MCLE Credit)

Recent research indicates that the commercial real estate industry trails other business sectors in opening its doors to women, minorities, individuals with disabilities and LGBT individuals, and that real estate practices are less diverse than firm practices in general. How do you engage with your clients on the subject, help them avoid unforeseen risk, and help minorities and women in your own firms become more successful in building their practices?

Speaker: Elaine Andersson, Publisher, Commercial Real Estate Diversity Report, a Division of Bricta Media LLC, Lafayette

[17] The New Normal in Common Interest Development Law

(1.25 Hours of MCLE Credit)

This panel will discuss the legislative overhaul of the DSCIDA, and the impact of the CA Supreme Court decision in Pinnacle Museum Tower Association on the drafting and enforcement of CC&Rs, Title 7 documentation, Limited Homebuilder Warranty, Grant Deeds, etc. How will these changes affect litigation with HOAs, homeowners and
subsequent buyers? What are the latest trends in drafting these documents? This program will be of interest to attorneys who are involved in the areas of residential development, home owner associations, and related litigation.

Speakers: Sandra Bonato, Berding & Weil LLP, Walnut Creek; Paul N. Dubrasich, Cox, Castle & Nicholson LLP, San Francisco; Jerold H. Goldberg, Hecht Solberg Robinson Goldberg & Bagley LLP, San Diego

[18] The New Normal: Title Insurance Update

(1.25 Hours of MCLE Credit)

Title insurance impacts almost all areas of the real estate world and yet very few people ever read their actual policies. This panel will discuss what makes title policies different from other insurance, including the following questions: Why ‘Date of Policy’ is fundamental to coverage analysis? Who is an Insured and the transferability of policies? What does ‘making title as insured’ mean? When is a loss measured for purpose of the duty to indemnify? What is the insured’s duty to cooperate? How are Extended Coverage policies transforming our general understanding of title insurance coverage?

Speakers: Lore Hilburg, Law Office of Lore Hilburg, Los Angeles; Cynthia Long, Old Republic Title Co., San Francisco; Amy Matthew, Miller Starr Regalia, Walnut Creek

8:30 a.m. - 9:45 a.m.

Concurrent Sessions

(1.25 Hours of MCLE Credit)

[19] The New Normal in Mechanics Lien Law

This program presents the requirements, nuances and not so obvious pitfalls of preliminary notices, mechanic liens, stop payment notices, bonds, releases and release bonds. This program will update participants on the recently amended California Mechanics Lien statutes and will be of interest to all who are involved in construction, real estate development and related litigation.

Speakers: Stuart M. Richter, Katten Muchin Rosenman LLP, Los Angeles and Robert A. Weissman, Weissman& Weissman, Westlake Village

[20] Selected Disability Issues in Residential Tenancies --What Does “Reasonable Accommodation” Mean?

This program focuses on a landlord’s duty commencing from the rental application process to provide reasonable accommodations to disabled tenants and the remedies available to tenants when a landlord fails to do so. This program will be of interest to those involved in rental housing and disability issues in real estate in general.

Speakers: Theresa L. Kitay, Marina del Rey; Susan Saylor, Deputy Attorney General, Department of Justice, Office of the Attorney General, San Francisco; Kavita Sharma, Steven Adair MacDonald & Associates, PC, San Francisco

10:15 a.m. - 11:30 a.m.