Law Seminars International Presents:

The 31st Annual Advanced Conference on

Advanced Commercial Real Estate Leases

A continued focus on keeping your leasing toolbox on the cutting edge

December 12 & 13, 2019

Seattle, WA

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Program Overview

Who Should Order

Attorneys, landlords, tenants, brokers, lenders, property managers, and other real estate professionals who are involved in landlord/tenant relationships, and others charged with negotiating, documenting and solving challenging lease transactions

Why You Should Order

The Annual Seattle Leasing Conference proudly carries on the tradition of practical information and insights from leading industry experts to keep you at the top of your commercial leasing game.

We have again selected the topics that are especially relevant in today's real estate environment. Top real estate brokers and owners will provide essential market updates. You'll hear about leasing in urban rededelopment, including dealing with circumstances when construction related to a lease can become a public works project and how to avoid that. You'll also hear an update on ground leases, which are becoming more common for development deals with public agencies.

Leasing involves risk and we'll have presentations on making the most effective use of insurance in addition to drafting terms for defaults and remedies in case things go sideways. For the retail sector, where competition from on-line retailers is increasing, we'll have a session on drafting terms for large national tenants vs. smaller local ones. We'll also have a presentation on the best ways for dealing with tenant bankruptcies.

Do not miss this annual gathering of the Region's leading commercial real estate leasing professionals. We hope you will also stay for the reception at the end of the first day where you can discuss new develop-ments with your peers. You will come away from the conference with insights to keep you on the forefront of leasing law in the context of current market and business trends.

~ Program Co-Chairs: John A. Fandel, Esq. of Stoel Rives and Richard A. Moore, Esq. of Pacifica Law Group

What You Will Learn

  • Broker and owner perspectives on the current state of the leasing market
  • Case law update
  • Leasing in urban redevelopment
  • Ground leases
  • Construction work letters
  • Current best thinking for negotiating strategies
  • Adapting leasing terms to retail tenants changing their business strategies
  • Defaults and remedies
  • Landlord-tenant Issues in bankruptcy and receivership
  • Making the most effective use of insurance
  • Ethical issues for leasing lawyers

What Attendees Said

  • "The speakers were good."
  • ""Substantively program was very good.""
  • "This program is very informative, and I am learning a lot from seasoned experts."

Agenda Day 1

8:00 am

Registration Opens

8:30 am

Introduction: Charting Out Negotiating Strategies

Techniques for engaging in negotiations and the principles of compromise: How experienced counsel negotiate and why

John A. Fandel, Esq. , Program Co-Chair
Stoel Rives / Seattle, WA

Richard A. Moore, Esq. , Program Co-Chair
Pacifica Law Group / Seattle, WA

9:30 am

Case Law Update

Lessons from recent decisions on leasing-related litigation

Scott B. Osborne, Esq.
Foster Pepper / Seattle, WA

10:15 am


10:30 am

Risk Management: Tips for Making Effective Use of Insurance

Current best thinking on contractual provisions to govern liability and application of insurance proceeds following a casualty

John A. Fandel, Esq. , Program Co-Chair
Stoel Rives / Seattle, WA

Richard A. Moore, Esq. , Program Co-Chair
Pacifica Law Group / Seattle, WA

11:15 am

Ground Leases

Essentials of drafting and negotiating ground leases, with a focus on the key differences between ground leases and space leases

Thomas E. Dixon, Esq.
Fikso Kretschmer Smith Dixon Ormseth / Seattle, WA

12:00 pm

Lunch (on your own)

1:15 pm

Retail Leases: Landlord & Tenant Perspectives

Landlord's perspective on exclusives: Commencement and termination terms, operating covenants, limits on uses, common area maintenance, assignments and subleases, parking, accommodating tenant exit strategies, and other issues

Sean T. Durbin, Esq.
Jameson Babbitt Stites & Lombard / Seattle, WA

Tenant perspectives

Brian J. Danzig, Esq. , Director, Corporate Counsel
Starbucks Coffee Company / Seattle, WA

Synthia A. Melton, Esq.
Dimension Law Group / Tukwila, WA

2:45 pm


3:00 pm

Annual Market Update: Broker Perspectives

Current challenges and opportunities

John A. Fandel, Esq. , Program Co-Chair, Moderator
Stoel Rives / Seattle, WA

Office properties

Connor McClain , Vice President
Colliers International WA LLC / Seattle, WA

Retail properties

Damian Sevilla , Vice President
Kidder Mathews / Seattle, WA

Industrial properties

Evan Lugar , Vice President
Kidder Mathews / Seattle, WA

4:15 pm

New Central Waterfront (Redux)

Recap of the final decisions regarding Seattle's Waterfront Local Improvement District

Gerry Johnson, Esq.
Pacifica Law Group / Seattle, WA

5:00 pm

Continue the Conversation: Reception for Faculty and Attendees

Sponsored by Pacifica Law Group and Stoel Rives

Friday, December 13, 2019

8:30 am

Annual Market Update: Owner Perspectives

Demand for the major types of commercial space today and available supply

Richard A. Moore, Esq. , Program Co-Chair, Moderator
Pacifica Law Group / Seattle, WA

Stephen Penn , President of Management Services
KG Investment Properties / Bellevue, WA

William Leedom , Director of Investments
Talon Private Capital / Seattle, WA

Jeanette L. Henderson , Director of Real Estate
University of Washington / Seattle, WA

10:00 am


10:15 am

Construction Issues for Improvements

Construction Work Letters: What leasing lawyers need to know about what goes on behind the scenes during construction and what that suggests about the issues you need to address in the letter

Colm P. Nelson, Esq.
Stoel Rives / Seattle, WA

11:00 am

Commercial Leasing Defaults and Remedies

Lessons from recent litigation on problematic provisions leading to disputes; specific examples of issues that may arise; selection of remedies and defenses

Christopher I. Brain, Esq.
Tousley Brain Stephens / Seattle, WA

Michael Spence, Esq.
Helsell Fetterman / Seattle, WA

12:00 pm

Lunch (on your own)

1:15 pm

Strategies for Retail Tenant Bankruptcies: Landlord-Tenant Issues in Bankruptcy and Receivership

Issues of which landlords must be aware during the unlawful detainer process, and how landlords can help prevent bankruptcy filings, or at least position themselves in the best possible way in case a tenant does file

Brian C. Free, Esq.
Hillis Clark Martin & Peterson / Seattle, WA

2:00 pm

Ethical Issues for Lawyers

Commercial real estate leasing transactions create a broad range of potential ethical issues: Analyzing your approach when negotiating with a pro se tenant as opposed to a real estate lawyer or seasoned professional

Evan L. Loeffler, Esq.
Loeffler Law Group / Seattle, WA

3:00 pm

Evaluations and Adjourn

Faculty Bios

John A. Fandel, John A. Fandel, Program Co-Chair, is a partner at Stoel Rives. His experience includes long-term ground leases; build-to-suit transactions; office, industrial, restaurant and retail leases; and related documents.

Richard A. Moore, Richard A. Moore, Program Co-Chair, is a partner at Pacifica Law Group. He represents landlords and tenants in complex retail, office, industrial, telecommunications, life sciences, and other specialty leases.

Christopher I. Brain Christopher I. Brain is a member at Tousley Brain Stephens. He has handled real estate litigation regarding purchase agreement disputes, lease disputes, specific performance and foreclosure actions, restrictive use covenants, and construction.

Brian J. Danzig Brian J. Danzig is a Director and Corporate Counsel at Starbucks Coffee Company. He previously was in private practice where he handled real estate transactions for all major property types.

Thomas E. Dixon Thomas E. Dixon is a Principal at Fikso Kretschmer Smith Dixon Ormseth. His realestate leasing practice includes ground leases.

Sean T. Durbin Sean T. Durbin is a member of Jameson Babbitt Stites & Lombard. He represents, landlords, developers, lenders, and owners in a wide variety of real estate and business transactions.

Brian C. Free Brian C. Free is a principal at Hillis Clark Martin & Peterson. He has extensive experience with all aspects of bankruptcy, receiverships, insolvency, restructuring, and debtor-creditor work.

Jeanette L. Henderson Jeanette L. Henderson is the Director of Real Estate at the University of Washington.

Gerry Johnson Gerry Johnson is a partner at Pacifica Law Group. His practice focuses on major community building projects, particularly those involving the participation of both the public and private sectors.

William Leedom William Leedom is Director of Investments at Talon Private Capital. He is responsible for sourcing acquisitions, managing the asset and its ultimate disposition.

Evan L. Loeffler, Evan L. Loeffler, Loeffler Law Group, is an author and contributor to several chapters on landlord-tenant law in the Washington Lawyers Practice Manual.

Synthia A. Melton Synthia A. Melton is the managing partner at Dimension Law Group. She works primarily with real estate investors and small business owners on matters involving complex transactional and litigation matters.

Colm P. Nelson Colm P. Nelson is a partner at Stoel Rives. He represents owners, developers, general contractors, subcontractors, suppliers, design professionals, brokers and lenders in a wide variety of construction and real estate matters.

Scott B. Osborne is a partner at Foster Pepper. His practice includes the representation of developers, lenders, institutional owners and tenants in various types of real estate projects.

Stephen Penn Stephen Penn is President of Management Services for KG Investment Properties. He oversees management services in the Pacific Northwest.

Michael Spence Michael Spence is a partner at Helsell Fetterman. He currently serves as retained legal counsel for the Seattle-King County Realtors and represents many independent real estate brokerage firms.

Continuing Education Credits

Live credits: This program qualifies for 11.75 WA MCLE, 11.75 CA MCLE, and 14.0 WA Real Estate credits. Upon request, we will help you apply for CLE credits in other states and other types of credits.