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Mission:
This committee evaluates issues
relating to real property litigation. The committee focuses
on new developments in the law as it relates to real estate
development, investment, leasing and land use and provides
guidance to legal and real estate professionals on how
they can avoid litigation and/or avail themselves of various
methods of alternative dispute resolution (including mediation
and arbitration).
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Vice Chair:
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Welcome:
The ABA Real Property Section's Litigation & Alternative
Dispute Resolution Committee (B-3) is an important national
platform for education, networking, discussion and debate.
The Committee focuses on issues relating to litigation and
alternative dispute resolution in the context of real estate
development, financing, leasing and investment. The Committee's
members include litigation and transactional attorneys in
the private and public sectors from all across the country.
Michael F.
Donner of Stein & Lubin LLP in San Francisco,
California is its Chairman. Jim
Eischen of San Diego, California is its Vice-Chairman.
The Committee is highly-regarded for the cutting-edge,
hard-hitting programs (link to Programs Section
below) that it sponsors each year at the Real Property Section's
Annual Meetings and Spring Symposia. These programs feature
some of the nation's leading and outspoken litigators, transactional
lawyers and general counsels. The Committee also meets twice
a year to discuss recent developments and new issues and
to promote professional development.
Resources:
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Members of the Committee can e-mail
each other by clicking the link above.
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2005 Program:
The B-3 Committee invites you to attend the ABA Real Property
Section's 2005 Spring Meeting and Symposium in Washington,
D.C. between April 27, 2005 and April 30, 2005. The Committee
is co-sponsoring a special presentation at the Symposium
entitled,
"Alternative
Dispute Resolute Provisions In Real Estate Contracts: Is
ADR Really Faster, Better And Cheaper?" (Available
to RPTE Section Members only).
The program is scheduled for April 29, 2002 between 2:45
p.m. and 3:45 p.m. at the Fairmont Hotel.
Our program will examine the common perception among practitioners
and clients that alternative dispute resolution ("ADR")
methodologies, like mediation and arbitration, provide a
faster, better and cheaper way to resolve disputes. The
panelists, Dennis L. Greewald of Greenwald, Pauly, Foster
& Miller LLP of Santa Monica, California, and Michael
F. Donner of Stein & Lubin LLP of San Francisco, California,
will put that common perception to the test by exploring
the benefits and disadvantages of contractual ADR. The panelists
also will provide important practice points on how to (1)
counsel clients about the use of contractual ADR, (2) draft
ADR provisions to ensure that they are enforceable and practical
and (3) effectively proceed with mediation and/or arbitration
once a real estate dispute arises.
Information
about 2005 Spring Symposium
Previous Programs:
Today's Retail Real Estate Market
In 2003, the Committee sponsored a program at the Spring
Meeting of the ABA's Real Property Section in New York
City. The program was entitled, "I Can't
Give It Away On Seventh Avenue: What Every Landlord and
Tenant Should Know In Today's Retail Real Estate Market."
The panelists explored real estate negotiation and litigation
issues against the backdrop of the retail industry.
Three papers: 1) Kampler
2) Menkes
3) Miller
After the Gold Rush
In 2002, the Committee sponsored a program at the Spring
Meeting of the ABA's Real Property Section in San Francisco.
The program was entitled, "After
The Gold Rush: What Every Lawyer And Client Should Know
In A Real Estate Market Marked By Declining Values, Energy
Crises And Terrorism."
The panelists explored litigation issues affecting
real estate in the wake of the fall of the dot.coms, the
recession and energy crisis and the tragedy of September
11.
Full Program Materials can be found here
Litigation Avoidance 101 (link to program materials)
In 2001, the Committee sponsored a program at the Spring
Meeting of the ABA's Real Property Section in Washington,
D.C. The program was entitled, "Litigation
Avoidance 101: What Every Real Estate Lawyer Should Know
About Avoiding Litigation." The panelists
discussed the hidden pitfalls of using boilerplate provisions
(arbitration and mediation, venue and jurisdiction, choice
of law, and attorneys' fees clauses) in the drafting of
various real estate contracts. The program was extremely
successful and simultaneously web-cast via the internet.
For more information, see the May/June
2003 Article in ABA Probate & Property Magazine on
same subject.)
Useful Links
1. www.findlaw.com:
A very useful free legal research engine now owed by West
(all hope West keeps the format free and open to all users).
2. www.treas.gov/usss:
Learned of this at an Internet research seminar. This is
the best practices guide for the Secret Service for securing
electronic evidence. It could present useful discovery tips,
although I've always said that starting an electronic discovery
war will always cut both ways. Be ready to give up what
you request, whether it is hard drives or e-mail. 3. www.sec.gov/edgarhp.htm:
This is the SEC's free web source for all public company's
mandatory disclosure filings. This can provide a very useful
resource for many items of information, including executive
compensation, affiliated entities, and disclosed litigation
matters. A careful review of disclosed materials and press
releases can often assist a litigator in assessing the corporate
culture and issues within a corporate party opponent. I've
used that type of information to guide discovery and evaluate
creative litigation theories. 4. www.brbpub.com:
Per an Internet research seminar I attended, this is reportedly
a source for looking up corporate names and trade names.
5. http://fedlaw.gsa.gov:
The federal government's website for federal laws. FYI:
There is currently a controversy about federal websites
violating user's privacy rights by securing more user information
than is allowed by law. GSA is apparently investigating.
I don't know if this site complies with privacy laws or
not. 6. www.loc.gov:
This is the Library of Congress' database. I was advised
at an Internet search seminar that this contains a huge
and diverse collection of information resources. 8.
http://www.lawoffice.com: Another interesting on-line
law dictionary with no charge. Some tools require registration.
The site also contains some basic legal forms. 10. http://www.wwlia.org/diction.htm:
A "plain language" law dictionary with no fee and no registration
requirement. The page includes links to general search engines.
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