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North Carolina Real Estate Attorney's Toolkit: Maintaining and Expanding (2024 Real Property Section Annual Meeting)

8:55        Welcome and Introductions

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.

10:03      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.

11:06      Break

11:16      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.

12:18      Lunch Break

12:48      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.

1:49        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.

2:50        Break

3:00        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.

4:02        Adjourn

Description

This program discusses a wide variety of topics, including the effects of tenant bankruptcy on landlords, basics of the condemnation process and key practice pointers for real estate transactions, identification and avoidance of common due diligence pitfalls, formation and management of real estate funds, a case law update of recent decisions in North Carolina, and a legislative update of recent statutory changes in North Carolina.

Contributors

  • Kiah T. "Chip" Ford IV

    Kiah T. "Chip" Ford IV is a Partner at Parker Poe Adams & Bernstein LLP in Charlotte. He has 30 years of experience representing institutional lenders and other creditors in all aspects of commercial debt collection and loss mitigation, including loan restructuring, bankruptcy, and litigation to enforce remedies such as foreclosure and receivership. His clients include national and regional banks, commercial mortgage servicers, and purchasers of distressed debt.

    Chip also advises and represents clients from a wide range of industries on all aspects of the bankruptcy process, including the purchase and sale of assets under Section 363 of the Bankruptcy Code, Chapter 11 plan confirmation, the assumption and rejection of contracts, and the defense of preference and fraudulent transfer claims.

    Chip also represents corporate clients in various industries on their overall business legal needs.

    Chip earned his B.A. in Foreign Affairs from the University of Virginia and his J.D., cum laude, from Washington and Lee University. He has completed the American Bankruptcy Institute and St. John University School of Law bankruptcy mediation training, a 40-hour program run by leaders in the field of bankruptcy education.

    Click here for more information about Chip.

  • Laura Goode

    Laura Goode is a Partner at Parker Poe Adams & Bernstein LLP in Raleigh. She concentrates her practice on commercial real estate, including land use, municipal infrastructure, and telecommunications. She has helped clients with multiple large-scale projects that entailed negotiating complicated transactions and navigating land use law.

    Laura advises on a range of commercial real estate transactions, including negotiating and drafting leases, purchase agreements, and operating agreements. She represents clients from the initial acquisition of property through due diligence and closing. In addition, she counsels clients on land use law, including securing rezonings, variances, and special use permits. She has represented clients before local zoning boards and commissions in legislative and quasi-judicial land use decisions. Municipalities and businesses have also turned to her for assistance drafting or revising local ordinances. She has a thorough understanding of how land use law impacts the telecommunications industry in particular.

    Prior to joining Parker Poe, Laura practiced with a Southeastern law firm, managing all aspects of obtaining zoning permits in jurisdictions across North Carolina. She is also a former associate attorney general for the North Carolina Department of Justice. She gained extensive experience in civil litigation through that role.

    Laura earned her B.A. in Environmental Studies from the University of North Carolina at Chapel Hill and her J.D., magna cum laude, from Campbell University Norman Adrian Wiggins School of Law.

    Click here for more information about Laura.

  • Natalie Gordon

    Natalie Gordon is an attorney with Parker Poe Adams & Bernstein LLP in Charlotte. She focuses her practice on the representation of developers and financial institutions in commercial real estate transactions, including acquisitions, dispositions, leasing, and financing. She also has experience representing renewable energy companies with the acquisition of solar energy projects.

    Natalie previously worked as in-house counsel for a real estate development company that develops, owns, and manages multifamily housing projects throughout the Midwest and Southeast. She has also worked for one of the 30 largest global law firms.

    Natalie earned her B.A. in English from The Ohio State University and her J.D. from Capital University Law School.

    Click here for more information about Natalie.

  • Emmett Haywood

    Emmett Haywood is a Partner at Nicholls & Crampton PA in Raleigh. She dedicates her practice to defending private property owners whose constitutional rights have been affected by government action. Her specialties include land condemnation cases that often involve complex issues surrounding land planning, zoning, engineering, storm water management, soil and environmental conditions as well as real estate valuation.

    After practicing for several years with a private law firm, Emmett went to work with the North Carolina Attorney General's office in Raleigh. For more than nine years there, she represented the North Carolina Department of Transportation in hundreds of land condemnation cases and other matters.

    In April 2000, Emmett opened her own private law practice in Raleigh concentrating in the area of eminent domain and defending the rights of private property owners. In July, 2010, she merged her practice with the law firm of Nicholls & Crampton PA.

    In 2001, Martindale-Hubbell, the worldwide directory of lawyers, gave Emmett an AV rating, its highest legal ability and ethical rating. She was selected by her peers to be included in the 2007 through 2024 editions of The Best Lawyers in America, in the area of eminent domain and condemnation law, and in 2011, 2016 and 2023 was selected as Lawyer of the Year Eminent Domain and Land Condemnation Law (Raleigh).

    Emmett earned her B.A. in International Studies from the University of North Carolina at Chapel Hill and her J.D. from the University of North Carolina School of Law.

    Click here for more information about Emmett.

  • Randy H. Herman

    Randy H. Herman is a Partner at BA Folk in Cary. He practices in the areas of land use and commercial real estate transactions. His goal is to guide clients through the entire real estate acquisition and development process, including contract drafting, title review, zoning/permitting, lender negotiation and closing. He regularly represents developers and property owners throughout the state in rezoning matters, variances, and appeals of zoning violations.

    Randy is active in advocating for the interests of property owners as a member of the Board of Directors of the Triangle Community Coalition and a member of the Raleigh-Durham Chapter of NAIOP, where he sits on the Governmental Affairs Committee. He is also a member of the North Carolina Bar Association's Real Property Section and Land Use Section and a member of the Board of Directors of the Real Estate Lawyers Association of North Carolina (RELANC).

    Randy earned his B.S. from the University North Carolina Greensboro. He attended law school at North Carolina Central University School of Law, graduating magna cum laude. During law school, he served as a law clerk for The Honorable Judge Robert C. Hunter on the North Carolina Court of Appeals and was a Senior Editor on the North Carolina Central Law Review.

    Click here for more information about Randy.

  • Michael P. Kelley

    Michael P. Kelley is a Partner at Parker Poe Adams & Bernstein LLP in Washington, DC. He is known for his creative solutions in complex transactions, particularly in regard to litigation finance and investment funds. He has advised on transactions ranging from a few hundred thousand dollars to over $1 billion. He is also a leader within Parker Poe, serving as the firm's Washington, DC Office Development Partner. In that role, he leads the DC office's community engagement and growth strategy.

    Michael's work includes helping clients obtain and structure litigation funding transactions for meritorious claims that may not be pursued otherwise because of litigation costs. In each case, he takes pride in ensuring clients understand all phases of the litigation finance process. In representing litigation funders, he counsels investors and fund managers on the structuring, documentation, issuance, and management of litigation finance funds, including providing counsel on regulatory compliance and best practices. His perspective on best practices goes beyond the legal and ethical nuts and bolts to also include managing the economics of an investment team, aligning incentives with investors' interests, and navigating the latest trends in the investment funds arena.

    Michael regularly appears as a thought leader on panels to discuss the litigation finance industry, including at the LF Dealmakers Forum, LITFINCON, IMN, and Washington Arbitration Week. He has taught seminars and spoken about litigation finance at The University of Chicago's Law School and Booth School of Business, as well as NYU School of Law.

    Michael also has deep experience assisting U.S. and international companies and funds with all of their investment needs beyond litigation finance. He represents both inbound and outbound investors on the structuring, documentation, issuance, and management of investment funds. He is experienced across a broad range of asset classes, including private equity, venture capital, and blockchain.

    Michael earned his B.A. in Government and International Studies from the University of Notre Dame, M.Phil. and Ph.D. from The London School of Economics and Political Science and his J.D., with honors, from George Mason University - Antonin Scalia Law School.

    Click here for more information about Michael.

  • John T. McLean

    John T. McLean is Senior Underwriting Counsel at BridgeTrust Title Group in Charlotte. He oversees title insurance division's risk practices with an emphasis on claims handling/reduction, policies and procedures, regulatory matters, and oversight of underwriting practices across the agency's footprint. He oversees the first line of defense and assists in the second line of defense with reporting and remediation.

    John also oversees all audits, interactions with state regulators, responses to litigation matters, and interactions with title carriers/e&o carrier regarding claims. He reviews and approves carrier contract revisions. He monitors, reviews and approves staff licensing. He also assists with multistate and/or extrahazardous risk underwriting and interaction with regional carrier counsel.

    John has served as legislative co-chair of the NCBA Real Property Section since 2013 where he focuses on tracking bills that effect real property matters.

    John has worked in a number of positions in the title insurance industry. Prior to his work in the title insurance industry, he was in private practice in Charlotte, where he represented commercial real estate lenders and in Raleigh, where he practiced residential real estate law.

    John earned his B.A. in Chemistry and B.S. in Chemical Engineering from North Carolina State University and his J.D. from University of North Carolina School of Law.

    Click here for more information about John.

  • Steven C. Newton II

    Steven C. Newton II is a Partner at Nicholls & Crampton PA in Raleigh. His practice areas include eminent domain, land condemnation, property rights litigation, land use law, bankruptcy and commercial litigation.

    Prior to joining Nicholls & Crampton, Steve served as a federal law clerk to the Honorable Stephani W. Humrickhouse, United States Bankruptcy Judge for the Eastern District of North Carolina.

    Steven earned his B.A. in Political Science and Philosophy from the University of North Carolina Chapel Hill, M.B.A., summa cum laude, from Campbell University Lundy-Fetterman School of Business and his J.D., magna cum laude, from Campbell University Norman Adrian Wiggins School of Law.

    Click here for more information about Steven.

  • LaToya B. Parker

    LaToya B. Parker is a Partner at Parker Poe Adams & Bernstein LLP in Charlotte. She advises companies and individuals on the acquisition, development, leasing, and sale of real estate across the country. Her clients include Fortune 500 companies in the utility, health care, financial services, and manufacturing industries, as well as developers and professional athletes.

    LaToya has advised clients on a broad spectrum of commercial real estate acquisitions and dispositions, including medical, retail, industrial, office, mixed-use, and planned community projects. Corporate clients also turn to her for their real estate leasing and licensing needs from North Carolina to California. Additionally, she has advised developers on Interstate Land Sales Act (ILSA) compliance, including representing them in registering subdivisions with the Consumer Financial Protection Bureau (CFPB).

    LaToya participates in several industry-oriented organizations, including Commercial Real Estate Women (CREW) of Charlotte and the Urban Land Institute's Charlotte Chapter. She was a member of the inaugural class of "Leaders Under 40," a leadership program for emerging leaders through Charlotte's Community Building Initiative, and she is a graduate of the Arts & Science Council's Cultural Leadership Training Program.

    LaToya earned her B.A. in Psychology from the University of North Carolina at Chapel Hill and her J.D. from Vanderbilt University Law.

    Click here for more information about LaToya.

  • John B. Ward

    John B. Ward is a Partner at Nicholls & Crampton PA in Raleigh. His practice focuses on representing individuals and businesses in eminent domain, land condemnation and other property rights litigation matters.

    Prior to joining the Nicholls & Crampton Eminent Domain Practice in 2020, John represented individuals and businesses in a wide array of civil litigation matters with a focus on professional liability and commercial disputes.

    John earned his B.A. cum laude, in Spanish from Wake Forest University and his J.D., with honors, from University of North Carolina School of Law.

    Click here for more information about John.

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Certificate of Completion and Archived Video: Your certificate of completion and archived video will be available approximately two weeks of the program date and can be found in your CLE account. MCLE credit is available to registrants only on the day(s) of the live event. This archived content is offered solely for review purposes and is not a substitute for live attendance.

August 5, 2024
Mon 8:55 AM EDT

Duration 7H 7M

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