CLE Seminar
Materials
1989
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Rules - Commercial Arbitration Rules - as Amended and in Effect September 1,
1988 - American Arbitration Association.
ERISA, The Silent Partner: Joint Ventures with Pension Funds - Joel D. Rubin
and Alfred W. Toennies.
Real Estate Counsel, Contract and Closing for the Foreign Investor by David
Alan Richards.
Commercial Joint Ventures - Ali-ABA Video Law Review Study Materials - June
15, 1989.
Commercial Joint Ventures - Structural and Contractual Considerations
Federal Income Tax Considerations in Joint Ventures
U.S. Antitrust Analysis of Joint Ventures
Intellectual Property Aspects of the Formation and Operation of Joint Ventures
International Aspects of Commercial Joint Ventures
Failing and Distressed Condominiums: Resolution of Disputes in Chaos - ABA
Section of Real Property, Probate and Trust Law - Honolulu, Hawaii - Sunday, August 6,
1989.
Developer and the Condominium Associations still under Developer Control
The Various Lenders; Construction Lender; Purchase Money Lender, Land and Development
Lender, Temporary Permanent Lender, and Warehousing Lender
Phase I Condominium Association under Unit Owner Control
Investor Group
Outraged Unit Owner Group and Contract Buyers Group Who have not yet Closed
Arbitration in Real Estate Transactions and Under the 1987 ALTA Title Insurance
Policies - ABA Section of Real Property, Probate and Trust Law - Honolulu, Hawaii -
Sunday, August 6, 1989. (2 copies)
A General Overview of Arbitration and Mediation in Real Estate Transactions
Arbitration under the 1987 ALTA Policy Forms
Presenting Claims and Appealing Awards in Arbitration
Results of Questionnaire Concerning the 1987 ALTA Title Insurance Policies
Zoning Changes...Development Expectation vs. Growth Control: Incursion on Vested
Rights? - ABA Section of Real Property, Probate and Trust Law - Honolulu, Hawaii -
Sunday, August 6, 1989.
Environmental Issues in Commercial Leasing - Edward P. Scherer, Esq. - ABA
Convention - Honolulu, Hawaii - August 7, 1989.
Hazardous Substance Problems in Commercial Properties
Landlord and Tenant Liability
Landlord and Tenant Concerns
Protective Measures
Lease Language
Insurance
a. CGL Policies
Pollution Exclusion Clauses
Owned-property Exclusion Clauses
Other Remedies
Use, Exclusive and Radius Clauses - ABA Section of Real Property, Probate
and Trust Law - Honolulu, Hawaii - Monday, August 7, 1989. (3 copies)
Use, Exclusives and Radius Clauses
a. Enforceability of Exclusives, Restrictive Covenants and Radius Clauses in Retail
Leases
b. The Antitrust Laws visit Shopping Center Use Restrictions
c. The FTC and Shopping Center Leases
d. Federal Trade Commission's Statement relating to Exclusive Claims in Shopping Center
Leases
e. Use Clauses in Retail Leases and their relationship to Exclusive and Restrictive
Covenants
f. Shopping Centers and Other Retail Complexes containing less than 200,000 square feet
of gross leasable area
g. Do Restrictive Covenants within a large, downtown retail complex of a large city, by
definition always have such an unsubstantial anti-competitive effect as not to be
actionable under the Federal Anti-Trust Statutes?
h. State Antitrust Laws and Restrictive Covenants in Shopping Center Leases
i. Restrictive Covenants generally permitted under Antitrust Statutes
j. Price-Fixing Types of Exclusives and Restrictions as Per Se Violations
k. Exclusive Barring or limiting competitors from or with a Shopping Center
l. Geographic and Product Markets for Radius Clauses under the Rule of Reason
m. Unilateral Conduct by Landlord
n. The Enforceability of Radius Clauses under Federal and State Antitrust Laws
o. Exclusives, Restrictive Covenants and Radius Clauses as Agreements in Restraint of
Trade and Attempts to Monopolize under Federal and State Antitrust Laws; Viewing a
Shopping Center as an Essential Facility
p. Tort Causes of Action based upon exclusives, restrictive covenants or radius clauses
q. Use Clauses/Landlord's Duty to Mitigate
r. Use Clauses in Supermarket Leases
s. Use Clauses in Apparel Store Leases
Landlord's Remedies
a. Landlord's Remedies Outline
b. Landlord's Duty to Mitigate Damages
New Issues in Management Agreements - ABA Section of Real Property, Probate
and Trust Law - Honolulu, Hawaii - Monday, August 7, 1989. (2 copies)
The Legal Status of the Property Manager
Emerging Issues and Potential Sources of Liability
a. Environmental Hazards
b. Failure to Provide or Negligence in Providing Security/Liability for the Criminal
Acts of Others
c. Failure to Provide or Negligence in Providing Building Services
d. Other Potential Sources of Liability
Ways to Minimize Exposure to Liability
Other Consideration/New Services (See Exhibit F)
a. Office Condominiums
b. Mixed-Use Facilities
c. Additional Considerations
Form of Management Agreement
Who Wants to Own What: Regulatory and Business Aspects of Foreign Investment in
U.S. Real Estate - Honolulu, Hawaii - Monday, August 7, 1989. (2 copies)
Legal and Tax Aspects of Foreign Investment in U.S. Real Estate
Matching Active Real Estate Investment Vehicles with Foreign Investors
Japanese Investment in U.S. Real Estate
Japanese Investment In U.S. Real Estate: An Update
Japanese Investment in U.S. Real Estate: Caution Tempers Aggressive Buying
Contaminated Property: Investment Opportunity v. Environmental Risk - ABA
Section of Real Property, Probate and Trust Law - Honolulu, Hawaii - Monday, August 7,
1989.
Environmental Factors Affecting Business and Real Estate Transactions
Commercial Consumer Issues and Draft Contract Language and Checklists
Environmental Due Diligence - An Evolving National Standard
Analysis of EPA's Landowner Liability Guidance - June, 1989
Innocent Landowner Defense Amendment of 1989
HR2085 - Lender and Trustee Protection Legislation Introduced by Congressman LaFalce
Recent Case Law Developments - Innocent Landowner Issue
Caveat Emptor v. Strict Liability
Market Value and Contaminated Property
Economic Valuation of Groundwater Damages
Thoughts on Investing in Contaminated Property - Can Market Driven Remediation Help?
Tax Consequences Associated with the Ownership and Cleanup of Environmentally Damaged
Properties
What an Expert Can and Cannot Do
Environmental Risk Assessment Model
Risk Management: When are Risks Significant?
Three Party Negotiated Proposal - Foreclosing Lender, Buyer and State Agency
Real Estate Brokerage: New Trends and Problem Areas - ABA Section of Real
Property, Probate and Trust Law - Honolulu, Hawaii - Monday, August 7, 1989.
Agency: Keeping Your Principles and Your Principals Straight
Fiduciary Duties to Non-Principals
Federal Laws and Regulations Affecting Real Estate Brokers
Attorneys as Real Estate Brokers
The Third Annual Construction Law and Practice Potpourri - ABA Section of
Real Property, Probate and Trust Law - Honolulu, Hawaii - Monday, August 7, 1989.
Drafting the Single Family Residence Construction Contract: The Owner's Perspective
Contract Remedies and Roles: Selected Remedies for Owner's Concerns when reviewing
Design and Construction Contracts
Underground Conditions and Environmental Risks
The General Conditions for the Contract for Construction, AIA Document A201, 1987
Edition - The Industry Response Thereto
ALTA/ACSM Land Title Surveys and Related Title Coverages for Commercial Real
Estate - Ticor Title.
1989 ACREL (Washington, D.C.) Other Seminar Materials.
Uniform Land Security Interest Act
Commercial Financing Group Potpourri - ABA Section of Real Property, Probate
and Trust Law - Honolulu, Hawaii, Monday, August 7, 1989.
Loss-of-Yield Prepayment Formulas in Commercial Real Estate Loans
Unresolved Questions in Sale-Leaseback Transactions: A Look at Real Estate, Tax, and
Bankruptcy Law Issues
Risks of Contingent Interest
Leasehold Mortgage Financing
Lease Subordination and Bankruptcy: Selected Issues
Checklist for Selling Whole Loans
Loan Practices and Lender Liability
Condemnation '89 - ABA Section of Litigation - 1989 ABA Annual Meeting -
Honolulu, Hawaii - August 6-9, 1989.
Challenges to a Taking
Valuation Issues
Procedure and Evidence
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