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ABA Section of Real Property, Probate and Trust Law | RPPT

Meetings & CLE
Section of Real Property, Probate, and Trust Law

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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