Hot Topics in Real Property (2024 Real Property Section Winter Program)
8:25 Registration and Continental Breakfast
8:55 Welcome and Introductions
9:00 What Lawyers Need to Know About Artificial Intelligence‡
Catherine Sanders Reach, North Carolina Bar Association, Cary
Artificial intelligence has been a very hot topic since ChatGPT became publicly available, followed by a swarm of AI-enabled products. Lawyers need to understand how generative artificial intelligence will impact their lives and practices, as well as their clients and their clients' lives and businesses. This session describes how the technology works in plain language, examines different products on the market, and explores positive and negative impacts of the exponential explosion of AI.
10:00 Break
10:10 Short-Term Rental: The Brewing Battle Between Airbnb and Local Government
Brad Branham, Asheville City Attorney's Office, Asheville
The use of residential property for short-term use has exploded in cities across the country and throughout the world in recent years with the assistance of online rental platforms such as Airbnb and VRBO. This relatively new, but rapidly growing, phenomenon has blurred the lines between traditional residential uses of property and a more transient commercial lodging use. The resulting effect has had wide-ranging consequences affecting property valuation, zoning, and affordable housing stock. In this session, learn about how local governments are addressing the struggles to regulate this new and growing property use, raising questions about the practicality, legality, and even constitutionality of new laws seeking to restrict or outright ban this practice.
11:10 Break
11:20 Environmental Law and Real Estate: The Latest in What You Need to Know
Laura Boorman Truesdale, Moore & Van Allen PLLC, Charlotte
Understanding the environmental issues related to real estate transactions and development projects is a key advantage for real estate practitioners. This session discusses a variety of hot topics in environmental law including wetlands, vapor intrusion, TCE and emerging compounds.
12:20 Lunch Break
1:20 2024 Elections: Picking the Right SOFR Type and Hedge Type for Your Loan
Edward Ivey, Moore & Van Allen PLLC, Charlotte
This session discusses the various types of SOFR rates that can be used, why certain rates may be preferable, and how electing to enter into an interest rate hedging agreement (swap, cap or collar) could impact a borrower election regarding the desired SOFR rate.
2:20 Break
2:30 The Corporate Transparency Act, Beneficial Ownership Information Reports, and Implications to Real Estate Practitioners
David M. McCallum, Maynard Nexsen PC, Raleigh
Starting on January 1, 2024, many small businesses, including various real estate ventures, may have a new reporting requirement: a Beneficial Ownership Information (BOI) Report, which is filed with the Department of Treasury's Financial Crimes Enforcement Network (FinCEN). The framework for this new reporting regime was created by Congress in the Corporate Transparency Act (CTA), and FinCEN was tasked with filling in the details and finer points via regulations, some of which are finalized and others that are not. Learn about key provisions of the Corporate Transparency Act, the beneficial ownership reporting requirements, and the implications it has on real estate clients.
3:30 Break
3:40 Cannabis and Commercial Real Estate Considerations
Kristin D. Mitcham, Ward and Smith P.A., Raleigh Tyler J. Russell, Ward and Smith P.A., Raleigh
Join us for a conversation as we explore the interplay between cannabis legal and regulatory considerations and various aspects of the commercial real estate industry. We discuss various cannabis laws and regulations, generally; the difference in operator types; fundamental principles and practices for investing in, purchasing, and/or leasing to cannabis facilities; and the unique challenges associated with different types of commercial real estate facilities.
4:40 Adjourn
‡ Indicates portion providing Technology Training credit
Description
Covering a variety of topics, this program addresses critical issues in the real property industry.
Contributors
Holly Bannerman
Holly Bannerman is an Associate at Moore & Van Allen PLLC in Charlotte. She concentrates her practice in commercial real estate. She represents developers, owners, landlords, tenants and limited partners in a variety of real estate transactions, including land acquisitions, dispositions, financing, development and leasing. She also specializes in joint venture and limited partnership agreements and the related structuring of real estate transactions.
Holly has experience representing developers and sponsors in all aspects of a new development, from raising equity and negotiating joint venture agreements (at the individual investor and preferred equity levels) to land acquisition and financing to development agreements to leasing and/or disposition.
Prior to joining the firm, Holly practiced corporate law in Raleigh.
Holly earned her B.A., magna cum laude, from North Carolina State University, M.E.M. from Duke University and her J.D., with honors, from the University of North Carolina School of Law.
Brad Branham is the City Attorney for the city of Asheville. He advises Council and management in matters of municipal law, and serves as lead litigation counsel and oversees the City's Legal Department.
Following his appointment as City Attorney in Asheville, Brad now acts as Legal Department Director, as well as General Counsel for the City of Asheville. He is also an active member of the North Carolina Municipal Attorney's Association and the International Municipal Lawyers Association.
Following a career in private practice, Brad transitioned into municipal law in 2012, when he joined the City Attorney's Office of the City of Charlotte as an assistant city attorney. During his time as a municipal lawyer, he has litigated hundreds of real estate cases on behalf of municipalities, as well as serving as lead legal counsel for the City of Charlotte Real Estate Acquisition Division and the Charlotte Area Transit System.
Brad earned his B.A. in Economics and B.S. in Management from the University of North Carolina Asheville and his J.D. from Wake Forest University School of Law.
Edward H. "Ed" Ivey is Head of Derivatives at Moore & Van Allen PLLC in Charlotte. He advises a wide spectrum of clients, including swap dealers, brokers, futures commission merchants, sovereign entities, pensions, hedge funds, commodity pools, financial institutions, trade groups and corporate end-users on internal documentation, board resolutions, policies, legal opinions, affiliate and third-party agreements, financings and capital market transactions.
More recently, Ed advised parties regarding: identifying and hedging ESG risks through swaps and sustainability linked loans; the CFTC's and Prudential Regulator's margin/collateral requirements for OTC swaps; the implications on loan documents, hedges and other finance transactions during the transition from LIBOR to alternative reference rates (e.g., SOFR and Ameribor); the QFC and ISDA Stay Protocol from the perspective of corporates and other end users; and recent federal and state regulatory developments impacting Swap Execution Facilities, cryptocurrencies, stablecoins, blockchain and other developments impacting the growing FinTech space.
Ed earned his B.S., with honors, from the University of North Carolina at Chapel Hill and his J.D. from the University of North Carolina at Chapel Hill School of Law.
David M. McCallum is Of Counsel at Maynard Nexsen PC in Raleigh. He is an attorney in the Tax practice group of the Firm, where he helps clients navigate complex federal, state and local (SALT), and international tax compliance and controversy matters.
Prior to joining the Firm, David served as a Senior Attorney and Special Assistant United States Attorney in the IRS Office of Chief Counsel. He has extensive experience in appearing before the Tax Court and Bankruptcy Court on behalf of the IRS, which has given him a deep understanding of IRS processes and procedures.
In federal tax and SALT matters, David regularly represents both corporate and individual taxpayers through all stages of the audit process and resulting litigation before the Tax Court, Office of Administrative Hearings, state appellate courts, or Federal District Court. He has represented clients challenging proposed assessments, collection actions, and nexus determinations, along with seeking refunds in the areas of corporate tax, income tax, sales and use tax, and withholding and payroll taxes. Moreover, has has counseled numerous clients in highly complex tax planning for international operations and investments, as well as advised foreign clients who are making investments in the United States.
David also works closely with businesses to find and take advantage of tax credits and incentives at both the federal and state levels. He has experience with the R&D credit, the low-income housing tax credit, the new markets tax credit, and various energy credits, as well as state economic development incentives.
In addition to his primary tax focus, David advises business owners on the Corporate Transparency Act and its beneficial ownership reporting requirements. Further, he advises public charities, supporting organizations, private foundations, and cooperatives in applying for, receiving, and maintaining their exempt status. He works with exempt organizations regarding federal unrelated business income tax and state sales tax issues.
David earned his B.A., summa cum laude, from North Carolina State University, J.D., magna cum laude, from North Carolina Central University School of Law and his LL.M from New York University School of Law.
Kristin D. Mitcham is a real estate attorney with Ward and Smith PA in Raleigh. She assists real estate owners, developers, and individuals in complex real estate issues, including acquisitions, development, lease agreements, various easement issues, and real estate title searches. As a former commercial lender, she harnesses her experience in the financial lending industry to negotiate, draft, and review various financing transactions, such as purchase and sale agreements and loan documents, for both borrowers and lenders alike.
Prior to joining Ward and Smith, Kristin served as a law clerk for the Office of General Counsel at AARP Services Inc, completed a judicial internship with the Honorable Christopher P. Baker, and worked as a student attorney at Columbus Community Legal Services in Washington, D.C. Before law school, Kristin spent several years working for BB&T Bank in the Greater Washington, D.C. region as the Assistant Vice President for Commercial Loans.
Kristin earned her B.S., magna cum laude, in Recreation Business Management from Appalachian State University and her J.D., cum laude, from The Catholic University of America, Columbus School of Law. Subsequent to graduating from Appalachian State, she completed an intensive two-year leadership and management training program with the United States Army.
Catherine Sanders Reach is Director for the Center for Practice Management at the North Carolina Bar Association, providing practice technology and management assistance to lawyers and legal professionals. Formerly she was Director, Law Practice Management and Technology for the Chicago Bar Association and the Director at the American Bar Association's Legal Technology Resource Center.
Prior to her work at the NCBA, CBA and ABA she worked in library and information science environments for a number of years, working at Ross and Hardies as a librarian. She received a master's degree in Library and Information Studies from the University of Alabama, Tuscaloosa in 1997.
Catherine's professional activities include articles published in Law Practice magazine, Law Technology News and GPSolo Magazine, as well as numerous other publications. She has given presentations on the use of technology in law firms for national bar conferences, state and local bar associations and organizations such as the National Association of Bar Council and the Association of American Law Schools. In 2011 she was selected to be one of the inaugural Fastcase 50, celebrating fifty innovators, techies, visionaries, and leaders in the field of law and in 2013 became a Fellow of the College of Law Practice Management. She served on the ABA TECHSHOW Board from 2007-2009, 2014-2016 and is co-vice chair in 2019.
Tyler J. Russell is an attorney with Ward and Smith PA in Raleigh. He began his career in 2010 in the firm's creditors rights practice group, representing banks and lenders in commercial bankruptcy, collection, and lender liability defense litigation. HIs current practice also includes transactional representation of business clients in mergers, acquisitions and other corporate matters.
Tyler co-chairs the firm's hemp + cannabis practice group, is licensed to practice law in North Carolina and Virginia, and represents clients in all aspects of the hemp, CBD, and cannabis industries. He regularly provides advice and counsel to his clients on Federal, state and local legal and regulatory matters and represents clients in a variety of corporate transactions. He is actively engaged in state-level lobbying in support of the industries, their companies, and their products.
Tyler also represents other highly regulated business, including breweries, distilleries, and wineries, in their legal and regulatory needs, including their permitting and compliance enforcement interactions with governmental and regulatory agencies.
Tyler earned his B.A. from Virginia Military Institute and his J. D., summa cum laude, from North Carolina Central University School of Law.
Laura Boorman Truesdale is counsel at Moore & Van Allen PLLC in Charlotte. She advises commercial real estate developers, businesses, lenders, manufacturers, and retail industry clients on a wide variety of environmental issues related to business and real estate transactions, redevelopment projects, regulatory compliance issues, and environmental litigation.
Laura is part of Moore & Van Allen's interdisciplinary Environmental, Social and Corporate Governance (ESG) team. The ESG team helps public and private companies, as well as private equity sponsors, investment advisors, and lenders to develop and implement ESG strategies, achieve sustainability and climate-related goals, and comply with associated legal requirements in a rapidly changing regulatory environment.
Laura earned her B.A. in History and Spanish from the University of Virginia and her J.D., with honors, from the University of Richmond School of Law.
Ashley Ziff is an Associate at Moore & Van Allen PLLC in Charlotte. She focuses her practice on complex real estate transactions, including acquisitions, dispositions, leasing, and development projects. Her experience spans office, industrial, retail, multi-family, medical office, and mixed-use developments.
Ashley adeptly guides clients through every stage of their ventures. Her extensive knowledge extends to advising on joint venture formations, preferred equity transactions and providing comprehensive support to borrowers, lenders, investors, and owners in diverse real estate finance transactions.
Prior to joining the firm, Ashley practiced law in New York City.
Ashley was selected as one of the Best Lawyers in America by Real Estate Law "Ones to Watch," for 2023-2024.
Ashley earned her B.A. in Philosophy from Clemson University and J.D., summa cum laude, The John Marshall Law School.
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February 16, 2024
Fri 8:25 AM EST
North Carolina Bar Center8000 Weston Parkway
Cary, NC 27511
919.677.0561