American Bar Association
Emerging Issues and Specialty Leases Committee

Emerging Issues and Specialty Leases Committee


WHAT WE DO: The Emerging Issues and Speciality Leases Committee monitors new or unusual leases and lease clauses and concepts that are becoming timely or otherwise are not covered by the other leasing committees. We also try to monitor new cases and theories that expand on or change conventional wisdom in commercial leasing. The committee sometimes provides forms and clauses, specialized purpose leases, discussions and information related to its missions.

IF THIS SOUNDS INTERESTING, [AND IT IS], JOIN THIS COMMITTEE. No cost once you're in the Section, who knows what great emerging issue you might come across! (and miss if you don't).

Click here to Join Our (the Section's) Discussion Board!

More About Us


Subcommittee on Food Leases - This subcommittee focuses on leases in the food and restaurant industry. See our "Other Links of Interest" Section below to hear a discussion of issues in food truck leasing.

Subcommittee on Sustainability - This subcommittee focuses on real estate's environmental impact, what is required to comply with applicable laws, how to maximize investments in green technology, operational adjustments and improvements to reduce operating costs, green considerations in design and construction; and, of course, drafting leases to address increasing energy efficiency and reducing environmental footprint.

Subcommittee on Medical Leases - this subcommittee focuses on all aspects of medical leasing: doctors, hospitals, treatment centers, subletting and assignment issues affecting medical users, selling practices and governmental regulation. Andrew Dick from Indianapolis is the chair of this subcommittee. can be contacted via e-mail at . Andrew Dick and Andy Gardner presented a conference call on Medical Office Leasing. See summary info below.

Subcommittee on the Glossary - See discussion below under "Obgoing Projects"


We are always seeking help and new ideas for various continuing projects. If you are interested please email or

THE GLOSSARY - A compilation of defined terms for use by you in your leases. These are not definitions, these are the defined terms. If you need a definition of net worth, or of CPI [not, an index created by BLS ..., but rather, 'shall mean [and you specify the index you're using]', or of control, you could pull out your GLOSSARY and there it would be, with choices, annotations, some with netlinks (for example, CPI will have the link to Bureau of Labor Statistics CPI site). We are always looking for new good definitions, so if you have any (OR if there is any term you always wanted a good definition of) please send them in to our project chair, Andy Gardner ( ).

NEW PROJECTS & SPECIALITY LEASE FORMS - We are currently seeking contributors, forms, thoughts or tales of interest. If you have an unusual lease you have done or come across, such as; airport retail lease; airplane hanger lease, health club or spa leases, anything unique, contact us.


The Leasing Group holds group CONFERENCE CALLS every other month or so, plus a few committee calls in between [you get access to all] and we will try to summarize some, below in Resources. [Truth in lending requires us to admit that we are planning to reinstitute the practice of a former fearless leader, and intend to follow in his footsteps of borrowing summaries done by others when they are available].

Join us for our next Leasing Group Call

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

[NOTE: call is 1 hour earlier than normal]

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

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.

Materials for the call:

- outline of topics to be covered
- excerpt from ABI report on lease issues (You can download a copy of the entire report at )

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

DID YOU KNOW? Things some of us came across which may be of interest.(more below in Odds & Ends)

  • There are all kinds of leases and documents out there in the Internet. Just use your search engine and dig, dig, dig. You'll find amazing things. Either because there's some governmental requirement to publish them, or a government entity is a party, or we guess tons of crazy reasons, and some are excellently lawyered. One of the favorites, which has the Houston stadium leases of their baseball and football teams. Excellent leases, too, they must have some ok lawyers down there.

  • IRMI, International Risk Management Institute, it will let anyone sign up for free, periodic latest-issues-e-newsletter. Plus they have an archive of 1000 insurance articles available, not by lawyers, these are in plain English! (Some, about 20%, are actually quite interesting.)

Join Us



McGowan, Heather


McPhelin, Hannah

Committee Roster  

Programs, Meetings and Events

Section Events

    Business Succession Planning: Keeping It In the Family


    This presentation outlines a lifecycle approach to succession planning in the family business context, addressing common client goals as well as the technical strategies to successfully transition business ownership from one generation to the next. We will cover: ยท Building the succession team; ...

    Lifetime Issues, Gathering Information, and Planning for Disposition of Property

    Moses & Singer LLP
    New York

    This three-part program offers an overview of estate planning basics. Our speakers will guide attendees through an initial client meeting, point out key pieces of information to gather, and discuss the use and importance of advanced directives. Then, they will explain the fundamentals of preparing and ...

    New York Trusts and Estates CLE


    This three-part program offers an overview of estate planning basics. Our speakers will guide attendees through an initial client meeting, point out key pieces of information to gather, and discuss the use and importance of advanced directives. Then, they will explain the fundamentals of preparing and ...

Resources & Bullet Lists

Other Links of Interest

Summaries of Group and Committee Conference Calls

New York City's "Green Lease" -- Model Energy Aligned Lease Language (4:00-5:00 CT November 16, 2011) See Resources for model language and Other Links for a recording of the call.


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.

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.


Modified by Vicki Harding on March 16, 2015

Back to Top