American Bar Association
 
RP LEASING GROUP

ABA Section of Real Property, Trust & Estate Law

RP LEASING GROUP

WHO WE ARE

The Leasing Group is a dynamic, active and enthusiastic ensemble of six substantive leasing Committees, i.e. Retail Leasing, Office Leasing, Industrial and Warehouse Leasing, Ground Leasing, Emerging Issues and Specialty Leases, and Assignment and Subletting. Although each Committee is substantively independent, there is significant interaction between the Committees and their respective members. Throughout the year, each Leasing Group Committee conducts a one hour substantive telephonic program on a leasing "hot topic" germane to the Committee's focus. These calls are free and open to all members of the Leasing Group.

Bar Year 2014-2015 Leasing Group Teleconference Schedule:

Ground - September 2014; Retail - October 2014; Office - November 2014; Industrial - January 2015; Emerging Issues - March 2015; Assignment and Subletting - May 2015; and Retail - July 2015.

In addition to our Group calls, the Leasing Group presents the "Nuts and Bolts of Leases." “The Nuts and Bolts of Leases” is a bi-monthly conference call series designed to provide newly practicing lawyers, as well as those new to the leasing field, with a basic understanding of lease provisions and their sometimes unique application to various types of leases. Over the course of the series, the speakers will fully negotiate a commercial lease, from a landlord’s and tenant’s perspective, so that attendees may gain an understanding of the relevant issues.

Substantive legal issues in real estate leasing continue to evolve even in today's real estate market. Keeping apprised of current legal issues in the leasing community and the variety of responses to these leasing issues is a primary benefit of membership in the Leasing Group. Membership in the Leasing Group will enhance your leasing expertise. We invite you to become an active participant in our Group and its Committees.

Join Our Discussion Board!

Upcoming Leasing Group Conference Calls

UPCOMING LEASING GROUP PROGRAMS

The Leasing Group Call - Presented by the Ground Leasing Committee

In this month’s Leasing Group Call, the speakers will discuss “Insurance and Indemnity in Net Leases.” Please join us for an hour of discussion on Insurance and Indemnity in Net Leases.

Date: September 23, 2014
Time: 4:00-5:00 p.m. CDT/ 5:00-6:00 p.m. EDT
Dial in number: 866/646-6488
Participant Pass code: 947 910 9954

Speakers: Debbie J. Moench and Marie A. Moore, Sher Garner Cahill Richter Klein & Hilbert, LLC, New Orleans, LA

Materials

RESCHEDULED UPCOMING CONFERENCE CALL

The Leasing Group Call - Presented by the Retail Leasing Committee

Foundations and Fridges and Floors, Oh My!

Determining Whether a Building Element is Structural

Date: October 29, 2014

Time: 4:00-5:00 p.m. CDT/ 5:00-6:00 p.m. EDT

Dial in number: 866/646-6488

Participant Pass code: 947 910 9954

Speakers: Howard Nagelberg, Barack Ferrazzano Kirschbaum & Nagelberg LLP, Chicago, Illinois; Ruth Schoenmeyer, Pircher, Nichols & Meeks, Chicago, Illinois; Henry N. Pharr III, Horack, Talley, Pharr & Lowndes, P. A., Charlotte, North Carolina

The speakers will discuss the potential perils associated with drafting a lease that does not include a definition of – or a method to be used in determining – which elements of a building are structural.

PAST LEASING GROUP CONFERENCE CALLS

AUGUST NUTS AND BOLTS OF LEASES

II: Term, Renewal Terms; Use; Exclusive Use; Various options (expansion, contraction)

Original Call Date: August 20, 2014

In August, we discussed “Term, Renewal Terms; Use; Exclusive Use; Various options (expansion, contraction).”

Nick Mann, at attorney with Bradley Arant Boult Cummings LLP in Nashville, TN, spoke from the Tenant’s perspective. Noble F. Allen, a partner with the law firm of Hinckley Allen in Hartford, CT, spoke from the Landlord’s side.

JUNE NUTS AND BOLTS OF LEASES

I: The Lease’s Most Basic Terms: Parties and Premises


Going back to the roots of the Nuts and Bolts program, we have decided to run through the “big picture” of a lease agreement, and over the course of the series fully cover each of the major provisions contained in a lease and discuss how these provisions affect both land lord and tenant.

This month, we will discuss “The Lease’s Most Basic Terms: Parties and Premises.” Our discussion will focus on the Parties to the Lease: Land lord, Tenant, Guarantors and (indirectly) Mortgagees. Our speakers will discuss the basic motivations and core concerns of the parties, the nature of the landlord – tenant relationship and whether the lease is a contract or a demise of an interest in land. The speaker will also discuss issues related to properly describing the lease hold premises. Finally, the speaker will note the importance of confirming proper execution formalities.

Original call date, Wednesday, June 25, 2014

Speaker: Ben Weinstock, Ruskin Moscou Faltischek, P.C., Uniondale, NY

A full schedule and topics of new Nuts and Bolts of Leases series for 2014-2015 can be found below under Nuts and Bolts of Leases Materials.

*If you missed this call, you can access the recording here.

Audio File 5.4mb | MP3 Format]

LEASING GROUP/ASSIGNMENT AND SUBLET COMMITTEE CALL

NUTS AND BOLTS: ANATOMY OF A SUBLEASE

Original call date, Tuesday, May 20, 2014

As part of the Leasing Group’s Nuts and Bolts series, the Assignment and Sublet Committee is presenting the fifth in its Anatomy of a Sublease series. For this session the participants will discuss incorporation by reference, a topic that can flummox the best of us. The panelists will discuss what should be incorporated, what shouldn’t be incorporated, and the grey areas. Incorporation requires a great deal of thought and depends in part on the situation (is this a partial sublease or a sublease of the entire premises) and the nature of the over lease (is it tenant-friendly or landlord-friendly). The panelists will walk us through the process and, among other things, answer the question: Can you incorporate half a sentence?

Panelists: Ira Meislik, Managing Principal, Meislik & Meislik, Montclair, NJ; Andrew Green, Partner, Kelley Drye & Warren LLP, New York, NY; and moderator Jack S. Levey, Plunkett Cooney, Columbus, OH

Audio File 6.3mb | MP3 Format]

LEASING GROUP CALL

Original call date, Tuesday, April 8, 2014

Shedding New Light on Lease Terms
Richard Frome, Marie Moore and Andrew Gardner will draw on an Emerging Issues and Specialty Lease Committee glossary project to lead a discussion of selected lease terms, staring with “force majeure.”

Additional resource:

Nuts and Bolts of Leasing: Repairs and Maintenance Clauses

Original call date, February 26, 2104

Speaker: Jim Henegan, Ruben, Firsel & Ross, LLC, Bannockburn, Illinois, will discuss Repairs and Maintenance Clauses.

The following materials are posted below under the Nuts & Bolts of Leases Materials:

  1. Introduction to Repairs and Maintenance Obligations in Leases;
  2. Tenant Form Repair and Maintenance Provisions;
  3. Landlord Form Repair and Maintenance Provisions;
  4. Office Form Repair and Maintenance Provisions.

Sub Committees  (click [+] for listing)

 Sub Committees

Section Programs, Meetings and Events

Section Events

    New IRS Offshore Voluntary Disclosure Program and Related Procedures: Compliance Options for Foreign Assets in a Transparent World

    09/23/2014-09/23/2014

    On June 18, 2014, the IRS announced substantial changes to its Offshore Voluntary Disclosure Program (OVDP). Taxpayers who have failed to report interests in foreign assets now have three different paths available to them to come into compliance: OVDP, streamlined filing, and delinquent FBAR/information ...

    Build-to-Suit Leases: A Construction Contract and

    09/24/2014-09/24/2014

    The panel will discuss the construction contract component included in a build-to-suit lease. The panel will also address the parties respective interests, risks and concerns as well as their roles and responsibilities during the construction process. The panel aims to provide practical approaches to ...

    Estate Planning for Farmers & Ranchers

    09/30/2014-09/30/2014

    JOIN THE SECTION & SAVE!ABA Members join RPTE for $70 to save $55 on this and future RPTE teleconferences, sign up at Register online. Find upcoming programming here . You may also email Michael.Kesler@americanbar.org, or call 312-988-5260. Visit www.shopaba.org to update your preferences to receive ...

Listserv

In order to send a message to the listserve, send the message as an email to the address below. You must be a member of the Committee to use the listserve.

RPTE-LEASINGGROUP@mail.americanbar.org

In order to access the listserve archive, please click here. Please note that you will need to create a new password, separate from your regular ABA password, in order to use this archive.


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Leadership

Chair:

Moore, Marie

Council Representative:

Orvin, Daniel

Vice-Chair:

Dibbs, Scott

Committee Roster  

Modified by Adam Bielawski on September 22, 2014

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