American Bar Association
 
RP LEASING GROUP

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:

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.

Sub Committees  (click [+] for listing)

 Sub Committees

Upcoming Leasing Group Conference Calls

UPCOMING LEASING GROUP PROGRAMS

Thursday, March 19, 2015 @ 2:00 CT / 3:00 ET

What Does The Future Hold for the Treatment of Leases in Bankruptcy?

~ Presented by Emerging Issues and Specialty Leases Committee

The American Bankruptcy Institute Commission to Study the Reform of Chapter 11 recently issued its final report, which addresses and makes recommendations in a number of areas, including the treatment of leases.

David Kuney is a prominent and highly regarded commercial real estate bankruptcy attorney who served on the Advisory Committee that studied and reported to the Commission on the topic of Executory Contracts and Leases.

Join us for informative insights on recommendations that may affect the treatment of leases in bankruptcy.

Dial in number: 866/646-6488

Participant Pass code: 947 910 9954

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PAST LEASING GROUP CONFERENCE CALLS

February 24, 2015

Nuts and Bolts of Leases: V. Enforcing the Lease: Default, Remedies, Eviction and Dispute Resolution

Going back to the roots of the Nuts and Bolts program, we are running 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 landlord and tenant.

This month, we will discuss provisions relating to enforcement of the lease, including default and remedies provisions. Monica Owens, Pursley Friese Torgrimson, Atlanta, GA, will speak on the Landlord’s side. Andrew Gardner, McDonald Hopkins, Cleveland, OH, will speak on the Tenant’s side.

Date: February 24, 2015 (Tuesday)

Time: 12:00 p.m. – 12:30 p.m. CDT/1:00 p.m. – 1:30 p.m. EDT
Call-in number: 866-646-6488
Participant Passcode: 947-910-9954

* The Form Lease can be found below, under Nuts and Bolts of Leases Materials.

Current Look at Environmental Issues in Industrial (or any Commercial) Leases
Presented by Industrial Leasing Committee

Tuesday, January 27, 2015

4:00-5:00 pm CT | 5:00-6:00 pm ET
Dial in number: 866/646-6488
Participant Pass code: 947 910 9954

December 4, 2014
Presented by the Office Leasing Committee
Fundamentals of Data Center Leases

David Orwick, a Partner at Thompson Coburn LLP, will provide an introduction to data center leases and the key distinctions between these documents and other types of leases. Topics to be covered include: overview of data centers, types of users, lease structures, key provisions, distinctions between data center leases and other leases, and service level agreements.

Materials: Fundamentals of Data Center Leases (PDF)

October 23, 2014
Nuts and Bolts of Leases: III. On-going Obligation - Monetary Aspect

Going back to the roots of the Nuts and Bolts program, we are running 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 landlord and tenant.

This month, we will discuss “On-going Obligation – Monetary Aspect.” Howard R. Majev, Saul Ewing LLP, Baltimore, MD, will speak on the Landlord’s side. Karen Nashiwa, Folawn Alterman & Richardson LLP, Portland, OR, will speak on the Tenant’s side.

Topic: On-going Obligation- Monetary Aspect

  • Rent: Various rent structures (Triple Net, Gross, Base Years) for various lease types and common adjustment methods.
  • CAM issues for various lease types; Percentage Rent.
  • Security: Deposits, Letters of Credit, Guarantees.

Speakers: Howard R. Majev, Saul Ewing LLP, Baltimore, MD; Karen Nashiwa, Folawn Alterman & Richardson LLP, Portland, OR

Materials

October 29, 2014
Presented by the Retail Leasing Committee
Foundations and Fridges and Floors, Oh My!
Determining Whether a Building Element is Structural

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.

September 23, 2014

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

Resources and Materials:

June 25, 2014
Nuts and Bolts of Leases: I: The Lease’s Most Basic Terms: Parties and Premises

In June, we discussed “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.

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

Resources:

August 20, 2014
Nuts and Bolts of Leases II: Term, Renewal Terms; Use; Exclusive Use; Various Options

Continuation of the August 2014 discussion on “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.

May 20, 2014
Assignment and Subletting Committee
Nuts and Bolts of Leases: Anatomy of a Sublease

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]

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:

February 26, 2014
Nuts and Bolts of Leasing: Repairs and Maintenance Clauses

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.

Section Programs, Meetings and Events

Section Events

LISTSERV Communication

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 Soo Lee on March 17, 2015

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