FRIDAY, MAY 17, 2024
8:55 Welcome and Introductions
J. Matthew Waters, Jordan Price Wall Gray Jones & Carlton PLLC, 2023-2024 Section Chair
9:00 Due Diligence Pitfalls: Did You Kick All of the Tires?
LaToya B. Parker, Parker Poe Adams & Bernstein LLP, Charlotte
With the transaction costs rising in commercial real estate deals, a buyer may be tempted to forego a comprehensive approach to performing due diligence on subject property. This presentation discusses the potential pitfalls of doing so and provides insight into the "why" behind the types of due diligence recommended in the standard commercial real estate transaction.
10:00 Break
10:10 Condemnation 101: A Practical Overview of Eminent Domain Law and Procedure
Emmett Haywood, Nicholls & Crampton PA, Raleigh
Steven C. Newton II, Nicholls & Crampton PA, Raleigh
John B. Ward, Nicholls & Crampton PA, Raleigh
Governmental takings are commonplace, and every real estate attorney should have a working knowledge of condemnation law and procedure to represent their clients effectively. This session includes a basic overview of procedural and substantive condemnation law, a discussion of the condemnation process from pre-condemnation planning through litigation, strategic tips to help you analyze how a taking will impact your client, and a review of key clauses in leases and purchase agreements that may impact a condemnation claim.
11:20 Break
11:30 Tenant Bankruptcy
Kiah T. "Chip" Ford IV, Parker Poe Adams & Bernstein LLP, Charlotte
With increased financial distress in the marketplace and a corresponding rise in bankruptcy filings nationwide, commercial landlords are facing heightened risk that their tenants may file for bankruptcy. This can alter the landlord/tenant relationship in significant and often unforeseen ways, especially if the bankrupt tenant wishes to remain in possession of the leased premises or monetize the lease. In this session, attendees learn (1) bankruptcy basics pertinent to commercial landlords, (2) the respective rights and obligations imposed on landlords and tenants under federal bankruptcy law, and (3) what steps can be taken by a commercial landlord in order to minimize the financial impact of a tenant's bankruptcy filing.
12:30 Adjourn for the Day
SATURDAY, MAY 18, 2024
8:55 Announcements and Introductions
9:00 Legislative Update
John T. McLean, BridgeTrust Title Group, Charlotte
Hear a recap of the 2023 legislative session, highlighting considered and enacted bills of interest to real estate practitioners. Then preview the 2024 legislative session.
10:00 Break
10:10 Real Property Case Law Update
Randy H. Herman, BA Folk, Cary
Review notable cases to come out of the various higher courts of the state. Run through the facts, how the courts interpreted the law and what it means for your practice.
11:10 Break
11:20 Real Estate Fund Formation and Management
Michael P. Kelley, Parker Poe Adams & Bernstein LLP, Washington, D.C.
Real estate is an attractive investment strategy for numerous sponsors, investment managers, and investors globally. This session discusses the structuring, formation and operation of U.S. and international real estate funds as well as the construction, financing, operation, leasing and use of these assets. We cover issues around tax, marketing and regulatory requirements arising from real estate funds.
12:20 Adjourn
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