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A Different Take (2022 Advanced Topics in Real Property)

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).

10:02      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.

11:01      Break

11:11      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.

12:09      Lunch Break

12:39      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.

1:40        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.

2:45        Break

2:55        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.

3:55        Adjourn

* Indicates portion providing Ethics/Professional Responsibility credit

Thank you

Thank you for joining us for A Different Take (2022 Advanced Topics in Real Property).

Contributors

  • Chris Bobby

    Chris Bobby is of counsel with Manning Fulton & Skinner PA in Raleigh. He joined the firm in June of 2021 after working at the Chicago office of Skadden Arps Slate Meagher & Flom LLP, where he practiced REIT and partnership taxation. Chris' expertise includes a wide range of corporate and taxation issues, including real estate partnership and fund formation.

    Chris earned his J.D. from the University of Chicago Law School and his B.A. in philosophy from Kenyon College. In 2018, Chris became licensed to practice law in Illinois and in 2022 became licensed to practice law in North Carolina. Prior to attending the University of Chicago Law School, Chris participated in the Teach for America program and served as a school administrator and teacher in Lynn, MA.

    Chris moved to North Carolina in June of 2021 and is excited to hopefully never experience a real winter ever again. He lives in Wake Forest with his wife, Alysson, his daughter, Teddi, his son, Beau, and a dog named Toaster. In his free time, Chris enjoys cooking, reading, travelling, collecting rare cognacs, Armagnacs, and rums, exploring the Raleigh area and North Carolina generally, and spending ample time with his family.

    Click here for more information about Chris.

  • Alison Riopel Cayton

    Alison Riopel Cayton is a partner at Manning Fulton & Skinner PA in Raleigh. Her client base includes residential and commercial real property developers. She represents her clients in the acquisition and sale of all types of commercial properties from contract negotiation through the closing and financing of a project. A primary focus of her practice is on the creation of private land use controls in the form of restrictive covenants and related easements for residential and commercial subdivisions and the accompanying owners associations. Additionally, she has established numerous condominiums - from traditional residential condominium projects and land condominiums to mixed use projects.

    Alison is a certified specialist by the North Carolina State Bar in Real Property Law, Business, Commercial and Industrial Transactions since 2003

    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

    Kirsten Foyles is a Division Senior VP, Legal at FirstBank in Southern Pines. She serves as in-house counsel, specializing in real estate large loan reviews. Kirsten has practiced law in More County for 24 years and has been in-house counsel for First Bank since 2010.

    Kirsten is a NC State Bar certified specialist in Real Property: Residential Transactions, serves on the Real Property Specialization Committee, is a member of American College of Mortgage Attorneys, and is a past member of the NCBA Real Property Council.

    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. She also holds a Masters of Kodaly Music Education from Loyola University Maryland.

    In addition to practicing law, Kirsten is an active Music Director and music teacher in Moore County. She lives in Southern Pines with her husband, Jody Foyles, and currently has daughters at Methodist University, NC State, and UNC-Greensboro.

    Click here for more information about Kirsten.

  • 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's practice primarily includes representing businesses and community associations, both generally, and for litigation matters. He routinely assists agribusiness clients, construction clients and subcontractors, as well as community and condominium associations at trial and at the appellate level. Weldon has experience litigating complex construction disputes, class actions, and in particular for his community association clients, he regularly assists clients with developer transition and declarant control disputes as well as construction defect claims. He has extensive experience helping association clients regulate short-term rentals and navigate that ever-expanding area of law. 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. David also helps clients navigate and comply with complex tax and business laws and regulations to avert subsequent potential tax controversies.

    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.

    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

    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

    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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November 14, 2022
Mon 8:55 AM EST

Duration 7H 0M

This live web event has ended.

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