Saturday, November 28th, 2015
3:13 PM
Registration for Closed-Door Participants... Exhibit Opens

3:13 PM
Closed-Door Preconference General Counsel Only Roundtable
This meeting will be hosted and attended by in-house counsels to candidly discuss the key issues of the day in an open, Q&A format where all are encouraged to participate

  • Judith Lajoie, General Counsel, COBIZ BANK (Session Chairs)
8:10 AM
Breakfast Courtesy Of:

3:13 PM
Opening Remarks from IMN

3:13 PM
The General Counsel Overview: What are your 5 Biggest Issues Today?
In an environment of increased regulatory scrutiny, trying to do more with less, a growth recession and workouts the challenges of a general counsel have greatly increased. This discussion will focus on the biggest challenges today and what is keeping a general counsel up at night.

  • Jay Neveloff, Partner, KRAMER LEVIN NAFTALIS & FRANKEL LLP (Session Chair)
  • John Spiegleman, Executive Vice President/General Counsel, DCT INDUSTRIAL TRUST INC
  • Monty Steckler, EVP & General Counsel, THE SNR GROUP
  • F. Scott Shea, Partner, DUVAL & STACHENFELD LLP
  • Kirk Montgomery, Chief Legal Officer, WELLS REAL ESTATE FUNDS, INC.
3:13 PM
Institutional Investor & Governance Issues
• Managing investor expectations • Funds vs. Shareholders: What are the similarities and differences? • Disclosure regulations and compliance • Corporate governance in a turnaround environment • Planning for activist investors • Dealing with minority partners

  • Joseph Smith, Partner, DEWEY & LEBOEUF LLP (Session Chair)
  • Robert Masters, SVP, Senior Legal Counsel, Chief Compliance Officer, ACADIA REALTY TRUST
  • Ted Schulman, Senior Vice President, General Counsel & Secretary, AVALONBAY COMMUNITIES, INC.
  • Leanne Dunn, VP & Associate General Counsel, GE ASSET MANAGEMENT
  • Patrick Galvin, General Counsel, LNR PROPERTY LLC
3:13 PM
Deal Structuring, Loan Origination & Financing Regulatory & Business Developments
• What do you need to know about the CMBS 2.0? • The latest whole loan structures • Construction lending • Changes in lending docs • Lender liability prevention • Purchase Agreements • Reps and warranties

  • Dominic De Simone, Partner, BALLARD SPAHR LLP (Session Chair)
  • Joseph Franzetti, Senior Vice President, BERKADIA
  • Andrew Coler, Senior Vice President, PNC
  • Jeffrey Lenobel, Partner and Chair of the Real Estate Group, SCHULTE ROTH & ZABEL LLP
  • Colin Uckert, General Counsel, THE SHOOSHAN COMPANY
  • Christopher Reilly, Managing Director, UBS SECURITIES LLC
11:10 AM
Refreshments Courtesy Of:

3:13 PM
Green & Socially Responsible Investing: What are the Key Issues an In-House Lawyer Needs to Know
• New project vs. retrofit • Environmental reporting • Sustainability • Green leasing • Evaluating the Stakeholder’s role • Settling on a certification • Vendor due diligence & litigation • Local laws to watch out for • New construction vs. retrofits • Green building liability • Complications and delays: How to prevent • The keys to a successful green retrofit • Avoiding green retrofit tax traps

  • Joan Hayden, Vice President & Corporate Counsel, PRUDENTIAL REAL ESTATE INVESTORS (Session Chair)
  • Daniel Cullen, Partner, BRYAN CAVE LLP
  • Katherine Murphy, Senior Attorney, GOODWIN PROCTER
  • Louise Adamson, Partner , K&L GATES
  • Mary O'Malley, Vice President - Local Initiatives, PRUDENTIAL REAL ESTATE INVESTORS
  • Nicholas Stolatis, Director-Strategic Initiatives Asset Management, Global Real Estate, TIAA-CREF
  • Michael Hayes, Principal and Studio Director, TPG ARCHITECTURE, LLP
3:13 PM
Entity-Level Structural Options: Funds, REITs and Operating Companies
• REIT tax issues • Options when working with institutional investors • Foreign investor considerations • How much does it cost to be a public vs. private company? • Capital access & liquidity: Public vs. private • Cost and availability of equity vs. mortgage financing • IPOs/Equity capital market transactions • Mergers & Acquisitions, take privates, spin-offs • Working with boards/senior management

  • John Napoli, Partner, SEYFARTH SHAW LLP (Session Chair)
  • Mark Schonberger, Partner, GOODWIN PROCTER LLP
  • Joan Hayden, Vice President & Corporate Counsel, PRUDENTIAL REAL ESTATE INVESTORS
  • Raphael Licht, COO & Secretary, RAIT FINANCIAL TRUST
  • Jason Barnett, Vice Chairman and General Counsel, RXR REALTY
1:10 AM
This luncheon will feature special tables set up for Funds, Banks/Non-Bank Lenders, REITs & Non-Traded REITs, Private Developers, Young Professionals, and Women Real Estate

2:10 AM
New Construction, Development & Financing
• Zoning & Environmental Issues • Immigration compliance • GCs & Subcontractors • Green building • Integrated product delivery • Warranties and guarantees • Labor issues • Inherent risks and risk management • Contracts, insurance and bonding • Site safety issues you should be concerned with management • Construction contracts: The newest developments • Completion issues • Title insurance & Mechanic’s lien Coverage • Indemnification, dispute resolution, mediation, arbitration and litigation • Surety Bonds

  • Michael Scheffler, Partner and Real Estate Development Practice Group Leader, BLANK ROME LLP (Session Chair)
  • Matthew Cahill, Vice President & Senior Underwriting Counsel - NCS New York, FIRST AMERICAN TITLE INSURANCE COMPANY
  • John Hunt, Senior Vice President & Chief Legal Officer, Construction and Design Development Division, FOREST CITY RATNER COMPANIES
  • Walter McCabe, Partner, ROPES & GRAY LLP
3:13 PM
Fund Workouts, Partnership & Joint Venture Restructuring
• Options when the GP can’t raise new monies • Replacing a GP: What needs to be done? Can an LP step in as the GP? • GP mergers • Rescue capital availability from white knights, syndicates and LPs • Buying out the GP • Aligning interests • Financial triggers & alignment of interest & Fiduciary issues • Impact of GP parent bankruptcy filing • What went wrong with the local partner and what did you learn when looking for a new one

  • Patrick Galvin, General Counsel, LNR PROPERTY LLC (Session Chair)
  • Keith Kooper, General Counsel, AREA PROPERTY PARTNERS
  • Edward Hershfield, Partner, BROWN RUDNICK LLP
  • Yolanda Rodriguez, Counsel and Assistant Vice President, TOLL BROTHERS, INC.
3:13 PM
Joint Ventures: The Latest Legal and Transactional Structures
• Capital structure: Preferred vs. common equity • Operating partner equity commitment • Preferred return range • Promotes & Fees • Development partner guarantees • Governance issues • Buy/sell provisions • Claw-backs • Transaction costs • Documentation: The latest developments

  • Marc Lazar, Partner, ROPES & GRAY LLP (Session Chair)
  • Marshall Brozost, Partner, SCHULTE ROTH & ZABEL LLP
  • Jason Maxwell, General Counsel, HINES ADVISORS LIMITED PARTNERSHIP
  • Alexandra Glickman, Area Vice Chairman, Managing Director-Practice Leader, ARTHUR J. GALLAGHER & CO.
  • David Friedman, Managing Director, MARATHON ASSET MANAGEMENT
3:13 PM
Refreshments Courtesy Of:

3:13 PM
Acquiring/Selling Notes: What You Need to Know
• Comparing note vs. property acquisition • Can you foreclose? What are the alternatives? • Financing notes • Gaining control • Note sale agreements: What needs to be in them? • First mortgage vs. subordinated notes • Loan • Due diligence • Representations and warranties • Documentation • Should you worry about lender liability? • Title considerations

  • David Djaha, Partner and Chair of the Real Estate Group, ROPES & GRAY LLP (Session Chair)
  • David Wolfe, General Counsel, ALEX BROWN REALTY, INC.
  • Brian Lynch, Vice President, Assistant General Counsel, CAPITAL ONE
  • Jonathan Scheinberg, Managing Director, General Counsel, CAPSTONE EQUITIES
  • James Dingel, Managing Director-Senior Counsel, CARVAL INVESTORS
  • David Currie, General Counsel, THE DAVIS COMPANIES
3:13 PM
Whole Loan Workouts & Workout Litigation
• Bankruptcy & foreclosure • Tax forgiveness issues • Short sales • Single vs. portfolio of assets • CCR & HOA concerns • Borrower: In or out? • Dealing with maturity date defaults • Extend and pretend • Cash flow issues • Valuation bad appraisals and the refi: Dealing with equity deficiencies • Pre-negotiation letters • Specific sector considerations • Consensual loan restructures and workouts • Lender liability • Title issues • Owner litigation and the failure to fund defense • Effective defenses • Preparing for the counterclaim • Getting stay relief • Crossing state lines • Statute of fraud • Non-recourse carveouts • Mechanic lien claims • Receivership issues • The equity holder perspective on workouts • Dealing with loan documentation deficiencies

  • Dan Flanigan, Chair, Real Estate & Financial Services Department, POLSINELLI (Session Chair)
  • Gary Whittington, Business Unit General Counsel, AEGON USA REALTY ADVISORS, LLC
  • Laurie Golub, General Counsel and Managing Director, AFRICA-ISRAEL USA
  • Joseph Teichman, EVP & General Counsel, THE LIGHTSTONE GROUP
  • Gregory Nero, EVP, General Counsel, STERLING EQUITIES
3:13 PM
Networking Reception

3:13 PM
Day One Concludes

Saturday, November 28th, 2015
8:00 AM
Breakfast Courtesy Of:

3:13 PM
Property Management: The Good Legal, Bad Illegal and Just Plain Ugly
• The day in, day out responsibilities of the general counsel • Slip falls and claims • Dealing with the front line property managers • Breach of exclusives • Tenant violations • Mechanics liens • Tenant defaults • Technology solutions • Document management • Management reporting

  • Stephen Nahley, Director, CRES Americas, BARCLAYS CAPITAL (Session Chair)
  • Neda Barzideh, Vice President & General Counsel, TAHL PROPP EQUITIES
3:13 PM
Property Acquisitions & Acquisition Due Diligence
• Asset type considerations • Zoning, land use and are specific approvals still valid? • Subdivision maps • Environmental due diligence • Due diligence outsourcing • What you should know about a bank selling a property • Identifying troubled documentation • Lease documentation due diligence

  • Anthony Grimaldi, Associate General Counsel, TIAA - CREF (Session Chair)
  • John Pons, EVP & General Counsel, Real Estate, COLE REAL ESTATE INVESTMENTS
  • Steven Rogers, Senior Vice President and Managing Director, FIRST AMERICAN TITLE INSURANCE COMPANY
  • Peter Alpert, Partner, ROPES & GRAY LLP
  • Jerold Neuman, Partner, SHEPPARD MULLIN
10:00 AM
CMBS/Mezz Workouts: A Real Time Update on the Latest
• Valuation • Liquidation/Sale • When does the loan get kicked up to special servicing by the master? • Servicer fiduciary issues and the pooling and servicing agreement • “Imminent default” • Approving new leases • Documentation analysis: What might come up? • Negotiations • The latest from the courts

  • David Barksdale, Partner, BALLARD SPAHR LLP (Session Chair)
  • Gary Whittington, Business Unit General Counsel, AEGON USA REALTY ADVISORS, LLC
  • Michael Zanolli, Managing Director, ALVAREZ & MARSAL REAL ESTATE ADVISORY SERVICES
  • Diana Liu, General Counsel, ARTEMIS REAL ESTATE PARTNERS
3:13 PM
Refreshments Courtesy Of:

11:00 AM
Organizing/ Outsourcing your Legal Staff and Related Fees, Billing Trends & Cost Management
• Are you looking to handle in-house or outsource? Why? • Tips for reducing legal costs • Local vs. national counsel • Reports • How much new business do you need to support an additional in-house lawyer? • Are you considering lawyer consolidation? • Outsourcing to India • Is alternative fee structure code for “I want a discount?” • Fixed price options • Benchmarking • Market to market, deal to deal comparisons • Current trends in flat & retainers fees • Deferred billing, straight contingency and hybrid models • Factors impacting lawyers’ fees • Fee ranges for specific legal matters

  • Peter Korda, Partner, SEYFARTH SHAW LLP (Session Chair)
  • Keith Kooper, General Counsel, AREA PROPERTY PARTNERS
  • Judith Lajoie, General Counsel, COBIZ BANK
  • Betsy McCoy, General Counsel and Vice President, THE RELATED GROUP
3:13 PM
Leasing & Lease Restructuring
• Assessing local market dynamics • Negotiations • Lender Approvals • Evaluating the tenant’s financial position • Dealing with tenants who have vs. haven’t defaulted are in/not in bankruptcy • When can the restructured agreement be recorded as an amendment, restatement of lease, or original document? • Renegotiating previously negotiated lease clauses • Lessons learned: New clauses that should be added • Sale-Leaseback options • Evaluating the financial health of your tenant • How to protect yourself if your tenant is in trouble • Ground leases security deposits, letters of credit and default remedies

  • Elizabeth Corey, Partner , FOLEY & LARDNER LLP (Session Chair)
  • Stephen Nahley, Director, CRES Americas, BARCLAYS CAPITAL
  • Russell Toates, General Counsel, CIRCA CAPITAL PARTNERS
  • Mordecai Bobrowsky, Vice President, Legal, PRIMARIS MANAGEMENT INC.
3:13 PM
Regulatory Panel: Dodd-Frank, Investment Advisors Issues and Other New Legislation & Enforcement
• How are you managing the regulators? • Enforcement trends • Dealing with investors • Proxy statement and disclosure • SEC formats for disclosure • How compensation relates to performance • Filings and disclosures • Carried interest legislation

  • Keith Fisher, Of Counsel, BALLARD SPAHR LLP (Session Chair)
  • Ted Schulman, Senior Vice President, General Counsel & Secretary, AVALONBAY COMMUNITIES, INC.
  • Loretta Kelly, General Counsel, EQUUS CAPITAL PARTNERS, LTD.
  • Hugh O'Beirne, Senior Counsel, CBRE GLOBAL INVESTORS
  • Kay Tidwell, Executive Vice President, General Counsel, HUDSON PACIFIC PROPERTIES, INC
  • Richard Paley, Executive Director and Chief Compliance Officer, Carey Financial, LLC, Executive Director and Associate General Counsel, W.P. CAREY, INC
3:13 PM
IMN’s Inaugural Real Estate General Counsel’s Forum Concludes

Event Contacts
Managing Director
Andy Melvin
(212) 901-0542
Senior Vice President/Director of Programming
Steve Glener
(212) 901-0536
Vice President - Sponsorship Sales
Robert Bass
(212) 901-0535
Head of Sales - Real Estate
Todd Rosenberg
(212) 901-0552
Head of Conference Coordination
Natalie Smith
(212) 224-3508
Marriott New York Downtown

Phone: 877-513-6305 or 800-266-9432

85 West Street
New York, NY, 10006

The room block for this conference is now sold out. The Marriott Downtown does still have rooms available over these dates but these rooms are no longer available at the conference rate. Please see the list below for alternative hotel suggestions. To make reservations at this hotel, please call 1-800-266-9432 or book online at

Millennium Hilton

55 Church Street
New York, Ny, 10007

Please note that IMN does not have a group block at this hotel and cannot guarantee rate or availability.

Phone: 212-693-2001

Andaz Wall Street

75 Wall Street
New York, NY, 10005

Please note that IMN does not have a room block at this hotel and cannot guarantee rate or availability.

Phone: 212-570-1234

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