8:25 Registration and Continental Breakfast
8:55 Welcome and Introductions
9:00 Negotiating Loan Documents
Kirsten Foyles, FirstBank, Southern Pines
Listen to the lender's perspective on negotiated terms in loan documents for a standard commercial loan document package, including third-party documents such as subordination, non-disturbance and attornment agreements (SNDAs).
10:10 Solar Farm Ground Leases
Daniel Vandergriff, Blanco Tackabery, Winston-Salem
With the growth of alternate energy sources in the state, it's not unusual to see solar farms where we least expect them. This review of ground leases for solar farms highlights some common issues related to ground leases as well as terms specific to solar farms.
11:20 Structuring a Joint Venture
Chris Bobby, Manning Fulton & Skinner PA, Raleigh Brinson Taylor, Manning Fulton & Skinner PA, Raleigh
Structuring real estate investments carefully is of critical importance considering the activity and opportunity in the current market. Hear what to look out for when a client asks for your help in structuring a joint venture, to avoid unintentional tax consequences and to provide for the eventual investment exit as efficiently as possible.
12:20 Lunch Break
1:20 Corporate Transparency Act
David M. McCallum, Nexsen Pruet PLLC, Raleigh
Forming a corporate entity for a client will soon be subject to new requirements and regulations. This session covers the current state of the Corporate Transparency Act and how that is anticipated to impact real estate attorneys.
2:30 Regulating Short-Term Rentals in Restrictive Covenants
H. Weldon Jones III, Jordan Price Wall Gray Jones & Carlton PLLC, Raleigh
Residential neighborhoods are seeing a rise in short-term rentals through Airbnb and VRBO. This session reviews the techniques that can be used to regulate this activity in planned communities and condominiums.
3:40 Recent Ethics Opinions for Real Estate Practitioners *
Brian Oten, North Carolina State Bar, Raleigh
A discussion on ethics opinions that specifically apply to real estate practitioners, including the 2021 NC State Bar Ethics Opinions affecting real property transactions.
4:40 Adjourn * Indicates portion providing Ethics/Professional Responsibility credit
Nothing is routine anymore. Real estate transactions are changing in North Carolina as development continues to grow in all parts of the state. There always seem to be new issues to address in lease or contract terms, or twists on terms in restrictive covenants.
Chris Bobby is of counsel with Manning Fulton & Skinner PA in Raleigh. He is a member of the Corporate Practice Group. He advises clients on a wide range of federal income tax planning matters. These include mergers, acquisitions, restructurings and reorganizations, REIT transactions, partnership transactions, private and public securities offerings, financings, and private equity transactions.
Chris also has worked with numerous REIT clients in transactional and operational planning. He has worked with several multinational corporations and investment banks in connection with cross-border planning and U.S. tax reform. Additionally, he has experience assisting clients in disputing audits before the IRS.
Chris received his J.D. from the University of Chicago Law School. During law school, he served on the Committee for Faculty Appointment, Committee for the Appointment of the Law School Dean, and as a staff member of the Chicago Journal of International Law. In addition, he had legal internships at Lawyers for Children and an AmLaw 100 firm. At Lawyers for Children, Chris assisted staff attorneys in providing guardian
ad litem services to children in the New York state foster care system.
Prior to law school, Chris participated in the Teach for America program and served as a school administrator and teacher for KIPP Academy Lynn Collegiate. While at KIPP, he oversaw the development and implementation of a school-wide disciplinary system, including providing orientation for students and the use of evidence-based practices to improve faculty execution. He also partnered with Teach for America Massachusetts to help coach and develop teachers during a summer school-based training program.
Click here for more information about Chris.
Alison Riopel Cayton
Alison Riopel Cayton is a partner at Manning Fulton & Skinner PA in Raleigh. Her broad-based practice allows her to counsel clients through all stages of a real estate transaction. Her practice is statewide, with a focus on the Triangle area. Among her client base are established commercial and residential developers, as well as many family-owned companies involved in the development and management of their real estate holdings.
Typical commercial development projects that Alison has worked on include mixed-use subdivisions, commercial subdivisions and the accompanying negotiations of build to suit leases for tenants, multi-family projects, including financing for both construction and Fannie Mae loans, and the acquisition, construction, and development of hotels in numerous counties in the state. Typical residential development projects include numerous single-family residential subdivisions, golf course communities, townhome and residential condominium developments.
Alison has developed a particular focus on the creation of private land use controls in the form of restrictive covenants and reciprocal easements for commercial developments (both single purpose and mixed-use) and residential restrictive covenants for residential planned developments. She has a great deal of experience in creating various forms of condominium structures. Her work in that realm includes the creation of the residential condominium portion within a mixed-use office tower, land condominiums for mixed-use projects or phased office developments, and traditional stacked unit residential and office condominiums. She also assists in the analysis of the appropriate property owner's association structure for each proposed condominium or planned development project. For clients who have acquired existing projects, Alison provides counsel on the structure and necessary amendments to the existing covenants and owner's association documents to allow the client to achieve its goals with that project.
Alison earned her B.A. in English,
cum laude, from The University of the South (Sewanee) and her J.D./M.R.P from the University of North Carolina at Chapel Hill.
Click here for more information about Alison.
Kirsten Foyles is a Division Senior VP, Legal at FirstBank in Southern Pines.
Kirsten earned her B.A. in Economics from University of Wisconsin-Madison and her J.D. Louis D. Brandeis School of Law at the University of Louisville.
H. Weldon Jones III
H. Weldon Jones III is an associate with Jordan Price Wall Gray Jones & Carlton PLLC, in Raleigh, and practices in the firm's litigation section. Prior to joining the firm in the legal capacity, Weldon worked in the firm's legislative representation section as a lobbyist.
Weldon handles general litigation matters and his practice areas include construction law, community association litigation, commercial litigation, and general community association representation. He also continues to represent clients as a lobbyist before the North Carolina General Assembly.
Weldon earned his B.A. from Hampden-Sydney College and his J.D. from Campbell University Norman Adrian Wiggins School of Law.
Click here for more information about Weldon.
David M. McCallum
David M. McCallum is special counsel at Nexsen Pruet PLLC in Raleigh. He represents clients – individuals, fiduciaries, partnerships, corporations, and other entities – in tax controversy matters before the IRS, including the Appeals Office, and in litigation before the Tax Court. His clients range across industries, including technology, construction, manufacturing, health and life sciences, government contractors, financial services, and professionals services.
Prior to joining Nexsen Pruet, David worked at Top 25 accounting and consulting firm as a Senior Manager, where he successfully handled federal and state R&D tax credit projects and various controversy matters. David also worked for the IRS Office of Chief Counsel. As a Senior Attorney and Special Assistant United States Attorney, he represented the IRS in the Tax Court and Bankruptcy Court, provided legal advice, outreach, and training to his division, and advised and assisted the Department of Justice Tax Division regarding taxation and collection issues.
David earned his B.A.,
summa cum laude, from North Carolina State University, his J.D., magna cum laude, from North Carolina Central University School of Law and his LL.M from New York University School of Law.
David enjoys spending time with his wife and two children. When he is not attempting to turn his kids into Star Wars nerds (it's working with one of them), David enjoys watching the Wolfpack play basketball, watching ACC basketball generally, cooking for his extended family, reading fiction (no non-fiction, self-help, or biographies for David), working in the yard, and dreaming about the Kentucky Bourbon trail.
Click here for more information about David.
Brian P. Oten
Brian P. Oten is the Director for Ethics and Special Programs at the North Carolina State Bar.
Brian joined the State Bar's Office of Counsel in 2007 as deputy counsel and moved to his current role in 2018 where he serves as chief ethics counsel and director for the boards of legal specialization and paralegal certification.
Brian earned his B.A. from UNC-Chapel Hill and his J.D. from the UNC School of Law.
Click here for more information about Brian.
Brinson Taylor is an associate at Manning Fulton & Skinner PA in Raleigh. His practice includes primarily real property acquisitions, dispositions, development, title, leasing, and financing transactions.
Brinson enjoys representing a diverse group of clients, including commercial developers, investors, buyers, sellers, and lenders, on a variety of projects, including without limitation, apartments, hotels, retail, restaurants, office, industrial, flex, and mixed-use projects throughout North Carolina. He also routinely counsels clients on commercial leasing matters. This work includes representation of owners of income-producing properties with their leasing needs, as well as tenant representation for office, retail, restaurant and industrial leases.
Prior to joining Manning Fulton, Brinson served as a law clerk to the Honorable Gregory P. McGuire on the North Carolina Business Court and the Honorable Richard Dietz on the North Carolina Court of Appeals.
Brinson received his law degree from the Wake Forest University School of Law. While at Wake Forest's School of Law, he served as symposium editor for the Wake Forest Journal of Business and Intellectual Property. Brinson also holds a Masters in Business Administration from Wake Forest's Babcock Graduate School of Management.
In his spare time, Brinson enjoys surfing and fishing on the North Carolina coast.
Click here for more information about Brinson.
Daniel Vandergriff is a shareholder at Blanco Tackabery in Winston-Salem. He focuses his practice on renewable energy transactions, helping developers and sponsors acquire, finish developing and finance renewable energy projects. His expertise includes managing project acquisitions, with a focus on utility and regulatory issues, such as power purchase agreements and utilities commission filings, and navigating environmental due diligence and permitting issues. Daniel has significant experience drafting acquisition documents, negotiating leases, and handling complex tax-equity and debt financing transactions.
Prior to joining Blanco Tackabery's renewable energy team, Daniel focused on corporate and business transactions and commercial real estate, after spending his first four years practicing at an AmLaw 100 law firm resolving disputes for commercial entities related to a wide array of contracts and business torts. That experience informs his risk analysis as he counsels clients, negotiates transactions and drafts agreements.
Daniel earned his B.A. in Political Science, with a minor in Business Administration, from the University of North Carolina at Chapel Hill and his J.D. from Wake Forest University School of Law.
Click here for more information about Daniel.
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