Replay available from our video archive

The 33nd Annual Advanced Conference on

Commercial Real Estate Leases

The current best thinking for keeping your leasing toolbox on the cutting edge

Presented on December 2 & 3, 2021

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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 will Benefit from the Replay

The COVID-19 pandemic and attendant response continue to permeate many aspects of commercial real estate leasing. c

As a result, our broker panel this year will take a demand-side look at how countervailing forces are affecting the economy and, through that, demand for different types of commercial properties. Then we will take a deeper dive into what you can expect in the coming year for office and retail leasing. In addition, a host of factors are creating new issues for residential leasing in commercial buildings. We will also take a close look at changes in residential lease terms that can help you avoid housing complaints and litigation.

As tenants scale back their brick-and-mortar operations to new market realities, we'll continue to see more subleasing and assignments. We will take a look at some of the key terms and issues to consider in these lease transfers.

Our annual owner panel will approach the market changes from a supply-side perspective and look at the primary issues that landlords face in responding to the changes in demand. You will hear about current building management issues and BOMA's insights into what the "new normal" may look like as we move forward.

Our annual case law update will bring you up to date on recent commercial leasing case opinions. Then, our ethics presentation will provide an opportunity to hear negotiating tips for resolving problematic situations, and you will be able to pick up a full ethics credit.

Join us for a very informative two days. We hope to "see" you there.

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

What You Will Learn

  • A demand-side look at how countervailing forces are affecting the economy
  • A supply-side look at the primary issues for landlords as they adjust to the changes in demand
  • The ongoing impact of Covid-19 on commercial leasing negotiations
  • The current state of office leasing markets during Covid
  • Covid impacts on the various retail sectors in the Pacific Northwest
  • Residential leasing in mixed use commercial buildings
  • Subleasing and assignment issues as tenants adapt to reduced needs for space
  • Tips for dealing with defaults and remedies
  • Lessons from recent court decisions on leasing-related litigation
  • Current ethical issues for lawyers

What Participants Said

  • "I am learning a lot from seasoned experts."
  • The speakers were good.
  • "Substantively program was very good."
  • Great informative seminar!

Agenda Day 1

9:00 am

Introduction: The Ongoing Impact of Covid-19 on Commercial Leases

Landlord and tenant perspectives on rent, liability, default, subletting, and other issues

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

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

10:15 am


10:30 am

Annual Market Update: Broker Perspectives

A demand-side look at how countervailing forces are affecting the economy: Demand for different types of commercial properties

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

Demand for office properties

Laura Ford , Executive Vice President
Colliers International / Seattle, WA

Demand for retail properties

Susan Zimmerman , Senior Vice President, Retail
Kidder Mathews / Seattle, WA

Demand for industrial properties

Patricia J. Loveall, SIOR , Executive Vice President and Shareholder
Kidder Mathews / Tukwila, WA

11:45 am

Lunch Break

1:00 pm

The Current State of Office Leasing Markets During Covid

As Covid evolves, and the public health safety response adapts to the changing circumstances, employers revisit their plans for a return to in-office work: What can we expect local office leasing markets to look like for 2022?

Rob Nielsen , Executive Vice President
JLL / Seattle, WA

1:45 pm

Retail Leasing as Covid Grinds On

Impacts on the various retail sectors in the Pacific Northwest

Serena S. Carlsen, Esq.
Perkins Coie / Seattle, WA

Local vs. national trends for the food and beverage sector

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

3:00 pm


3:15 pm

Residential Leasing in Commercial Buildings: Major New Developments

Recent changes to Residential Landlord Tenant Law including provisions relating to enforcement of termination clauses and new procedures for enforcing the obligation to pay rent; lease drafting tips and considerations

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

4:00 pm

Subleasing and Assignment

Drafting tips for agreements that meet tenant and subtenant needs while addressing landlord concerns

Miriam Chung, Esq.
Pacifica Law Group / Seattle, WA

5:00 pm

Adjourn Day 1

Friday, December 3, 2021

9:00 am

Owner Perspectives on Meeting Market Demand

A supply-side look at the primary issues for landlords as they adjust to the changes in demand

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

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

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

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

10:15 am


10:30 am

Commercial Leasing Defaults and Remedies

Negotiating solutions to problematic situations: Best strategies for landlords dealing with commercial real estate lease defaults including essential topics that need to be addressed

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

Michael Spence, Esq.
Helsell Fetterman / Seattle, WA

11:30 am

Building Management: Current Issues and a Look Forward to the New Normal

Strategies for complying with evolving public health mandates and other current operational issues; anticipating future legislative and other developments that will affect building operations

Rodney S. Kauffman, RPA , President
BOMA Seattle King County / Seattle, WA

12:15 pm

Lunch Break

1:30 pm

Case Law Update

Lessons from recent decisions on leasing-related litigation

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

2:15 pm

Ethical Issues for Lawyers

How working and negotiating remotely adds to the already broad mix of potential ethical issues in negotiating commercial real estate leasing transactions

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

3:15 pm

Evaluations & Adjourn

Faculty Bios

John A. Fandel, John A. Fandel, Program Co-Chair, is a partner at Stoel Rives. He handles commercial real estate leasing matters for local, national, international, institutional and telecommunications industry clients, including but not limited to data center tenants, shopping center owners, national retailers, and office property landlords and tenants, as well as owners and developers of mixed-use real estate projects.

Richard A. Moore, Richard A. Moore, Program Co-Chair, is a partner at Pacifica Law Group. His practice includes the representation of landlords and tenants in complex retail, office, industrial, telecommunications, life sciences, and other specialty leases.

Christopher I. Brain, Christopher I. Brain, Tousley Brain Stephens, focuses his practice on complex real property, commercial, and class action litigation. This includes purchase agreement disputes; specific performance and foreclosure actions; restrictive use covenants and construction.

Serena S. Carlsen Serena S. Carlsen is a partner at Perkins Coie. Her experience guiding major commercial real estate transactions includes advising clients on land acquisitions, facility purchases, ground leases, office and retail leases, financing, and construction of facilities.

Miriam Chung Miriam Chung is a partner at Pacifica Law Group where she focuses on real property transactions, and in particular, complex commercial real estate leasing. She has extensive experience drafting and negotiating lease agreements for office, retail, and industrial properties.

Brian J. Danzig Brian J. Danzig is a Director and Corporate Counsel for Starbucks Coffee Company. Currently, he supports all real estate matters for Starbucks in the New York Metro, Northeast, Mid-Atlantic, Midwest and Southeast regions, including retail stores, roasting plants, distribution centers, and office properties.

Laura Ford, Laura Ford, Executive Vice President at Colliers International, is an expert in agency leasing. Previously, she served as Managing Director at JLL where she was Agency Lead for the Seattle Region. Prior to that, she acted as in-house office landlord representative in charge of the Benaroya Company's Class A downtown Seattle portfolio.

Jeanette L. Henderson Jeanette L. Henderson is Director of Real Estate at the University of Washington. Previously, she was in-house counsel for a Seattle-based developer. Her team handles property transactions, asset management, project management, finance and accounting, and data management, with real estate services provided to all three UW campuses, medical centers, research field stations, biological preserves, off-campus and various international locations.

Rodney S. Kauffman, RPA, Rodney S. Kauffman, RPA, has been the President of BOMA Seattle King County since 1994. The chapter represents over 265 firms who either own or manage commercial real estate or provide goods and services to the industry.

William Leedom William Leedom is Director of Investments for Talon Private Capital. In his career he has bought and sold over $2.5 billion in real estate assets and managed assets totaling over $5 billion dollars across the United States with US based and international institutional partners.

Evan L. Loeffler, Evan L. Loeffler, Loeffler Law Group, represents property management companies, landlords, and tenants on commercial and residential leasing matters in Seattle and surrounding counties. He is the co-author of the Real Estate Closing Deskbook, Third Edition, published by the American Bar Association, and lectures frequently for property managers and lawyers on landlord-tenant law and ethics.

Patricia J. Loveall is an Patricia J. Loveall is an Executive Vice President and Shareholder at Kidder Mathews. She teams with Jason Rosauer to form one of the nation's leading investment sales and industrial leasing teams, where together they tackle complex transactions and consistently transact at record setting levels in all sectors.

Rob Nielsen Rob Nielsen is an Executive Vice President at JLL. He represents locally headquartered office tenants in lease renewals, expansions, and relocations.

Scott B. Osborne Scott B. Osborne is of counsel to Foster Garvey. His practice includes the representation of developers, lenders, institutional owners, and tenants in various types of real estate projects, including high-rise office buildings, industrial facilities, condominiums, residential developments, retail shopping centers and apartments.

Stephen Penn Stephen Penn is President of Management Services at KG Investment Properties. Prior to his current role, he served as Managing Director of Investor Services for CBRE's Northwest region, where he was responsible for the performance and growth of property management, engineering and leasing professionals within CBRE's institutional business lines.

Michael Spence Michael Spence is a partner at Helsell Fetterman. His practice emphasizes real estate transactions and brokerage matters, land use/zoning, alternative dispute resolution and litigation. A significant part of his practice involves waterfront properties and aquatic lands.

Susan Zimmerman Susan Zimmerman is Senior Vice President for Retail at Kidder Mathews. She has completed over 75 retail transactions in the Seattle urban area alone, including several high-profile retail projects.

Continuing Education Credits

Live credits: This program qualifies for 11.0 (including 1 ethics) Washington MCLE credits and 13.0 Washington Real Estate Commission clock hours. Upon request, we will help you apply for CLE credits in other states and other types of credits.

I appreciate LSI's seamless segue from registration, an informative seminar, to end result.