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Emerging Issues and Specialty Leases Committee

ABA Section of Real Property, Trust & Estate Law

Emerging Issues and Specialty Leases Committee

Mission

This committee seeks to monitor new or unusual leases and lease clauses and concepts that are becoming timely or otherwise are not covered by the other leasing committees. We also try to monitor new cases and theories that expand on or change conventional wisdom in commercial leasing. The committee sometimes provides forms and clauses; specialized purpose leases; discussions and information related to its missions.

Join Our Discussion Board!

Programs, Meetings and Events

Committee Events
ABA Annual Meeting
July 30, 2009 - August 4, 2009
Chicago. We did a program on wind energy leases and projects by KATHY LAW of NYEMASTER LLP in Des Moines and others. Awaiting some kind of after action info from her which we will pass along, of course.
Medical Conference Call
October 8, 2009
Andrew Dick (Healthcare and Medical Office Leasing Subcommittee Chair) and Andy Gardner (Committee Co-Vice Chair) presented a conference call on Medical Office Leasing. The outline of materials for this call is in the Resources Section below, and interesting despite being in outline form.
 

More About Us

--BULLET LISTS. We have added Bullet Lists. These are checklists for a Specialty Lease. We have begun it with Garage Leases, but hope to add more. See below, Resources & Bullet Lists.

--We are forming subcommittees. If you'd like to join one, let the chair know. To start one let Richard [ rmf@fromelaw.com ] know.

So far ,

Subcommittee on New Lawyers

Subcommittee on Healthcare and Medical Office Leasing - chair is Andrew Dick of Indianapolis, [ adick@hallrender.com if you want to reach him] Andrew and Vice Chair Andy Gardner will present a conference call on October 8, 2009 on Medical Office Leasing, see information above.

Subcommittee on Environmental Considerations including Green Power - chair is Vicki Harding of Pepper Hamilton in Detroit [ hardingv@pepperlaw.com if you want to reach her ]

Subcommittee on Food Leases [fast food, restaurants, things like that] -

Subcommittee on Disaster Assistance Website [see below under Katrina]

Subcommittee on the Glossary [see below]

I. We are currently working on these PROJECTS [and always seeking help, if you are interested let rmf@fromelaw.com or agardner@mcdonaldhopkins know]:

a. THE GLOSSARY - a compilation of defined terms for use by you in your leases. These are not definitions, these are the defined terms. If you need a definition of net worth, or of CPI [not, an index created by BLS ..., but rather, 'shall mean [and you specify the index you're using]', or of control, you could pull out your GLOSSARY and there it would be, with choices, annotations, some with netlinks (for example, CPI will have the link to Bureau of Labor Statistics CPI site). We are always looking for new good definitions, so if you have any (OR if there is any term you always wanted a good definition of) please send them in to our project chair, Andy Gardner ( agardner@macdonaldhopkins.com )

b. Katrina Project. Remember that?, the Katrina webpage has info for lawyers originally intended for those impacted by Hurricane Katrina. We have embarked on a upgrade project. We saw Ike and said to ourselves, is this deja vu? Floods, earth-movement events, new tropical storms. So, we are upgrading and updating the site to make it more current and helpful. Links to governmental info, forms, insurance info, sources for help for you and your client, etc.

c. PROJECTS seeking contributors, forms or thoughts or tales of interest :

Health club/spa leases, a bullet list, maybe an article if there's enough there there.

d. Specialty Lease forms. If you have an unusual lease you have done or come across [such as; airport retail lease; parking lot lease; on and on, anything unique, contact us.

II. The Leasing Group holds group CONFERENCE CALLS every other month or so, plus some committee calls in between [you get access to all] and we have tried to summarize some, and will continue to try to do so, below in Resources. [Truth in lending requires us to admit that some are actually summaries done by others and we stole them].

III..DID YOU KNOW? Things we came across which may be of interest.(more below in Odds & Ends)

a. There are all kinds of leases and documents out there in the Internet. Just use your search engine and dig dig, and you'll find amazing things. Either because there's some governmental requirement to publish them, or a government entity is a party, or we guess tons of crazy reasons, and some are excellently lawyered, Our current favorite, http://www.hchsa.org/legal/legal.html which has the Houston stadium leases of their baseball and football teams. Excellent leases, too, they must have some ok lawyers down there. Plus what is a more specialty lease than an NFL Team Stadium lease?

b.We like IRMI, International Risk Management Institute, it will let anyone sign up for free, periodic latest-issues-e-newsletter. Who loves emerging issues more than us? Plus they have an archive of 1000 insurance articles available, not by lawyers these are in plain English! (Some, about 20%, are actually quite interesting.) http://www.irmi.com/products/marketing/alphalist.aspx.

c. You can find at http://www.abanet.org/rppt/publications/magazine/home.html about 5 years of past Probate & Property issues available there, a great resource and it means you can use your old paper copies for whatever.

d. In a Washington DC Spring Symposium, Jessica Hoppe, Mark Senn and others gave a program on fundamentals of leasing to the new lawyers group in attendance. We've attached from that former program INTRODUCTION TO LEASING including the 10 Most Important Leasing Thoughts, and Leasing in a Nutshell, below in Resources. Great networking, social and cle at the Spring Symposia meetings [2010 it will be in Philadelphia].

Summaries of Group and Committee Conference Calls

1. June 2008 Leasing Group call was whatever questions were asked, and below if you click on "more" you'll find a summary. Topics were Patriot Act; Green leasing; conflicting exclusives in retail; subtenant creditworthiness. 2. 2009 Spring Symposia- General Bankruptcy Info re Leasing-click "more" for details
more...

Leadership

Chair:  Richard M Frome

Vice-Chair:  George Andrew Gardner, Kathleen K Law

Committee Roster (124 total members)

Listserves
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Modified by Richard M Frome on October 24, 2009

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