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
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.
(1.50 Hours of MCLE Credit)
 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
 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
 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.
(1.50 Hours of MCLE Credit)
 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
 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
 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.
(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.)
 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
 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
 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
 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.