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2007

Leasing Institute

Plano Apr 19-20, 2007
Conference Concluded
Video Replay: Austin May 17-18, 2007 Hyatt Regency Austin
Conference Concluded
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Overview

Named in honor of Bernard O. Dow, the institute is a comprehensive program devoted completely to real estate leasing. A nationally recognized faculty will provide advice on commercial, retail and industrial leasing, as well in-depth coverage of mixed-use leases; build-to-suit leases; work letters, construction of tenant space, and analysis of where the commercial market has been and where it is going. National expert Patrick Randolph will provide a case law update on Texas and national developments, and Michael Rubin will discuss the Ethics of Negotiation: Are There Any? Select tenant issues are covered on Friday morning, including square footage calculations, CAM charges, and escalators, concluding with a question-and-answer session with the presenters. Many sessions will include model forms, sample provisions, and practice-aid checklists.

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Event Schedule

Program is subject to change.
All times are Central Time Zone.

  • Day 1
  • Day 2
  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Apr. 19, 2007
    Presiding Officer:
    In Plano: Aaron Johnston Jr., Munsch Hardt Kopf & Harr, PC - Dallas, TX
  • 8:00 am
    Plano Only
    Registration opens


  • Plano Only
    Includes continental breakfast

  • 8:50 am
    Plano Only
    Welcoming Remarks
    Welcoming Remarks

  • 9:00 am
    Plano Only
    0.75 hr
    Office, Retail and Industrial Leases: Understanding the Unique Aspects of Each
    This session compares and contrasts office, retail and industrial leases—with special consideration of the unique aspects of each type of lease—presented from a landlord’s perspective, and a tenant’s perspective.

    J. Kent Newsome, Greenberg Traurig, LLP - Houston, TX

  • 9:45 am
    Plano Only
    0.75 hr
    Retail Leases: The Unholy Trinity
    This session covers key aspects and provisions of retail leases including radius clauses, exclusitivity, and co-tenancy. This session also includes negotiation and drafting tips from the lessor and the lessee perspectives.

    Consuella Simmons Taylor, Baker Botts LLP - Houston, TX

  • 10:30 am
    Plano Only
    Break
    Break

  • 10:45 am
    Plano Only
    0.50 hr
    Federal Taxation of Leases and Tenant Improvement
    An overview of federal income tax considerations affecting leases. This session explores the tax treatment of rental inducements, leasehold improvements, lease terminations and other rental arrangements.

    William H. Hornberger, Jackson Walker L.L.P. - Dallas, TX

  • 11:20 am
    Plano Only
    0.33 hr
    Article 9 and Abandonment Issues Involving Leases
    This session addresses the procedures a landlord must consider to safely dispose of personal property left on the premises by a vacating tenant.

    Philip D. Weller, DLA Piper US LLP - Dallas, TX

  • 11:35 am
    Plano Only
    0.33 hr
    Mitigation of Damages and Calculation of “Future Rentals”: The Difference Between Rent and Damages
    Rent accrues by reason of the lease while damages are compensation for a breach of the lease; rent is past tense while damages are future tense. A mitigation factor is built into the measure of damages for anticipatory breach of a lease. This measure of damages is a formidable weapon for tenants wishing to disengage from the obligations of an oppressive long-term lease. This article, with its Tenant Ledger Appendix, shows how to use this weapon.

    Robert Harms Bliss, Attorney at Law - Dallas, TX

  • 11:55 am
    Plano Only
    Pick up Box Lunch

  • Thursday Afternoon, Apr. 19, 2007
    Presiding Officer:
    In Plano: Aaron Johnston Jr., Munsch Hardt Kopf & Harr, PC - Dallas, TX
  • 12:10 pm
    Plano Only
    0.50 hr
    Dallas-Fort Worth Commercial Real Estate Market—2006 Was HUGE!
    Will it continue? What are the trends for 2007?

    Kirby D. White, Crescent Real Estate Equities, LP - Dallas, TX

  • 1:00 pm
    Plano Only
    0.75 hr
    Avoiding Mix-Ups in Mixed Use Leases
    A review and analysis of issues unique to mixed-use leases complete with drafting considerations and pitfalls to avoid.

    T. Andrew Dow, Winstead PC - Dallas, TX

  • 1:45 pm
    Plano Only
    0.75 hr
    Build to Suit Leases
    This presentation will explore the reasons build-to-suit leases are used, contrast to build-to-suit leases to other types of leases, and explore consideration and provisions peculiar to build-to-suit leases.

    Aaron Johnston Jr., Munsch Hardt Kopf & Harr, PC - Dallas, TX

  • 2:30 pm
    Plano Only
    0.50 hr
    Ins and Outs of Work Letters
    Learn the ins and outs of designing and constructing your tenant space.

    Scott Greer, King & Spalding - Houston, TX

  • 3:00 pm
    Plano Only
    Break
    Break

  • 3:15 pm
    Plano Only
    0.50 hr
    Post-Lease Checklist: What Do You Do after Your Lease Has Been Signed?
    This presentation will address common questions posed by either a landlord or a management company in administering a lease. Materials include practical advice, tips and hints, as well as numerous examples of documents and correspondence that will facilitate an efficient landlord-tenant relationship.

    Kevin M. Kerr, Kevin M. Kerr, P.C., Federal Title, Inc. - Dallas, TX

  • 3:45 pm
    Plano Only
    0.50 hr
    All About Eviction
    How to evict a tenant using Chapter 24 of the Texas Property Code and Rules 738 - 755 of the Texas Rules of Civil Procedure.

    Michael G. Foster, Munsch Hardt Kopf & Harr, P.C. - Dallas, TX

  • 4:15 pm
    Plano Only
    0.75 hr
    Tenant’s Remedies for Landlords Failure to Provide Services
    This presentation examines service terms and remedies—if any—in a typical landlord’s form. Abatement, repair-and-deduct, and other contractual remedies for landlord’s failure to provide services will be discussed, along with suggestions and strategies for overcoming the landlord’s objections. This session concludes with practical advice on managing conflicts arising from service interruptions.

    Thomas M. Whelan, McGuire, Craddock & Strother P.C. - Dallas, TX

  • 5:00 pm
    Plano Only
    Adjourn
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Apr. 20, 2007
    Presiding Officer:
    In Plano: Robert Harms Bliss, Attorney at Law - Dallas, TX
  • 8:30 am
    Plano Only
    1.00 hr ethics
    The Ethics of Negotiation: Are There Any?
    The Texas Disciplinary Rules of Professional Conduct are filled with gray areas and traps for the unwary transactional lawyer. Is everything short of fraud allowed in negotiations? A fascinating and fast-paced presentation will give you points to ponder, conditions to consider, and something to smile about.

    Michael H. Rubin, McGlinchey Stafford - Baton Rouge

  • 9:30 am
    Plano Only
    1.00 hr
    Avoiding Operating Expense Traps: When and How to Gross-Up Expenses
    How to handle expense pro-ration and allocation equitably in an office environment with fluctuating occupancy.

    Candace S. Baggett, The Calibre Group, Inc. - Houston, TX
    Anthony Collura, CRS Lease Specialists - West Long Branch, NJ

  • 10:30 am
    Break
    Break

  • 10:45 am
    Plano Only
    0.50 hr
    The Incredible Growing Building: Square Foot Calculations, Common Area Charges, and Escalators
    This session deals with the negotiation and drafting of clauses relating to square foot calculations, common area charges and escalators, and their impact on rental income.

    K. Gregory Erwin, Winstead PC - Houston, TX

  • 11:15 am
    Plano Only
    0.50 hr
    Lease Audit Rights: Effective Drafting and Exercise
    Drafting effective audit clauses and strategic use of audit rights.

    Anthony Collura, CRS Lease Specialists - West Long Branch, NJ

  • 11:45 am
    Plano Only
    0.33 hr
    How the New Margin Tax Affects Leases and Expenses
    The new Texas Margin Tax unfairly affects the leasing industry because it requires payment of tax based on gross receipts from leasing activity, but severely limits deductions for expenses. This presentation will focus on whether there is any possibility for relief from the Texas Legislature or Comptroller and whether there are any opportunities to make the Texas Margin Tax more fair.

    William O. Grimsinger Jr, Chamberlain, Hrdlicka & White, et al. - Houston, TX

  • Friday Afternoon, Apr. 20, 2007
    Presiding Officer:
    In Plano: Robert Harms Bliss, Attorney at Law - Dallas, TX
  • 12:05 pm
    Plano Only
    0.33 hr
    Q&A—Economic Issues That Affect Tenants
    Friday Morning Speakers

    Candace S. Baggett, The Calibre Group, Inc. - Houston, TX
    Anthony Collura, CRS Lease Specialists - West Long Branch, NJ
    K. Gregory Erwin, Winstead PC - Houston, TX
    William O. Grimsinger Jr, Chamberlain, Hrdlicka & White, et al. - Houston, TX
    Michael H. Rubin, McGlinchey Stafford - Baton Rouge

  • 12:25 pm
    Lunch on your Own
    Lunch On Your Own

  • 1:30 pm
    Plano Only
    0.75 hr
    0.25 hr ethics
    Leasing Case Law Update: Texas and National
    Leading national authority discusses key case law developments, including Texas cases.

    Patrick Randolph, University of Missouri - Kansas City

  • 2:15 pm
    Plano Only
    0.50 hr
    Subordination, Non-Disturbance and Attornment Agreements
    The SNDA is often an afterthought in the leasing process: this presentation covers the role of SNDA agreements, including a review of key provisions and drafting advice.

    Justin V. Switzer, Haynes And Boone, LLP - Houston, TX

  • 2:45 pm
    Plano Only
    0.33 hr
    Leasing and Mortgages: Avoiding Inadvertent Defaults and Other Nasty Surprises
    This presentation discusses how to recognize and avoid lease provisions that can result in mortgage defaults and other nasty surprises.

    J. Cary Barton, Barton, East & Caldwell, L.L.P. - San Antonio, TX

  • 3:05 pm
    Adjourn
    Adjourn

  • Day 1 April 19, 2007
  • Day 2 April 20, 2007
Download Schedule

Conference Faculty

Candace S. Baggett

The Calibre Group, Inc.
Houston, TX

J. Cary Barton

Barton, East & Caldwell, L.L.P.
San Antonio, TX

Robert Harms Bliss

Attorney at Law
Dallas, TX

Anthony Collura

CRS Lease Specialists
West Long Branch, NJ

T. Andrew Dow

Winstead PC
Dallas, TX

K. Gregory Erwin

Winstead PC
Houston, TX

Michael G. Foster

Munsch Hardt Kopf & Harr, P.C.
Dallas, TX

Scott Greer

King & Spalding
Houston, TX

William O. Grimsinger Jr

Chamberlain, Hrdlicka & White, et al.
Houston, TX

William H. Hornberger

Jackson Walker L.L.P.
Dallas, TX

Aaron Johnston Jr.

Munsch Hardt Kopf & Harr, PC
Dallas, TX

Kevin M. Kerr

Kevin M. Kerr, P.C., Federal Title, Inc.
Dallas, TX

J. Kent Newsome

Greenberg Traurig, LLP
Houston, TX

Patrick Randolph

University of Missouri
Kansas City

Michael H. Rubin

McGlinchey Stafford
Baton Rouge

Justin V. Switzer

Haynes And Boone, LLP
Houston, TX

Consuella Simmons Taylor

Baker Botts LLP
Houston, TX

Philip D. Weller

DLA Piper US LLP
Dallas, TX

Thomas M. Whelan

McGuire, Craddock & Strother P.C.
Dallas, TX

Kirby D. White

Crescent Real Estate Equities, LP
Dallas, TX

Planning Committee

Robert Harms Bliss—Co-Chair

Attorney at Law
Dallas, TX

Aaron Johnston Jr.—Co-Chair

Munsch Hardt Kopf & Harr, PC
Dallas, TX

Candace S. Baggett

The Calibre Group, Inc.
Houston, TX

T. Andrew Dow

Winstead PC
Dallas, TX

Kurt Nondorf

Jackson Walker LLP
Houston, TX

Richard L. Spencer

Johnson DeLuca Kennedy and Kurisky
Houston, TX

Philip D. Weller

DLA Piper US LLP
Dallas, TX

Reid Wilson

Wilson, Cribbs & Goren, P.C.
Houston, TX

Credit Info

  • Plano
  • Austin
MCLE Credit
Toggle view Texas – 12.00 hrs  |  1.25 hrs Ethics
Legal Specialization(s): Real Estate Law
You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number  provided on your certificate of attendance.
Other Credit
Toggle view TX Accounting CPE – 0.00 hr
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you are welcome to sign in on the Accounting CPE Record of Attendance form at the registration desk, but we are now reporting all credit online. You will receive a Texas Accounting Certificate of Completion in Your Briefcase. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact us at accreditation@utcle.org if you have additional questions.
Toggle view TX Real Estate Commission (TREC) – 9.00 hrs
To request continuing education elective credit for real estate related courses approved by the State Bar of Texas for minimum continuing legal education participatory credit, a license holder is required to file an Individual Credit Request for State Bar Course.

https://www.trec.texas.gov/sites/default/files/pdf-forms/CE_CLE-1%2004.10.23.pdf
Use this link to obtain the TREC MCE form for self-reporting your TREC credit. To obtain your Certificate of Attendance you will need to claim credit in your UTCLE account and once claimed you will be able to download a Certificate of Attendance to include with your credit request form.
MCLE Credit
Toggle view Texas – 12.00 hrs  |  1.25 hrs Ethics
Legal Specialization(s): Real Estate Law
You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number  provided on your certificate of attendance.
Other Credit
Toggle view TX Accounting CPE – 0.00 hr
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you are welcome to sign in on the Accounting CPE Record of Attendance form at the registration desk, but we are now reporting all credit online. You will receive a Texas Accounting Certificate of Completion in Your Briefcase. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact us at accreditation@utcle.org if you have additional questions.
Toggle view TX Real Estate Commission (TREC) – 9.00 hrs
To request continuing education elective credit for real estate related courses approved by the State Bar of Texas for minimum continuing legal education participatory credit, a license holder is required to file an Individual Credit Request for State Bar Course.

https://www.trec.texas.gov/sites/default/files/pdf-forms/CE_CLE-1%2004.10.23.pdf
Use this link to obtain the TREC MCE form for self-reporting your TREC credit. To obtain your Certificate of Attendance you will need to claim credit in your UTCLE account and once claimed you will be able to download a Certificate of Attendance to include with your credit request form.

Key Dates

Plano – Apr 19-20, 2007
Conference Concluded
Video Replay: Austin – May 17-18, 2007 – Hyatt Regency Austin
Conference Concluded
Buy
  • Plano
  • Austin
Standard Registration
Last day for $450.00 Regular pricing: Apr 17, 2007

$500.00 for registrations received after this time

Last day for cancellation (full refund): Apr 13, 2007

$50 processing fee applied after this date

Last day for cancellation: Apr 16, 2007
Standard Registration
Last day for $375.00 Regular pricing: May 9, 2007

$425.00 for registrations received after this time

Last day for cancellation (full refund): May 11, 2007

$50 processing fee applied after this date

Last day for cancellation: May 14, 2007

Venue

Parking Information

Complimentary

Nearby Hotel Accommodations
speaker

Embassy Suites Hotel - Frisco

7600 John Q. Hammons Dr
Plano, TX

Accommodations

$169.00 good through Mar 22, 2007

speaker

Hyatt Regency Austin

208 Barton Springs Road
Austin, TX
512.477.1234 (reservations)

Accommodations

$145.00 good through Apr 25, 2007

Parking Information

5.00 self--parking

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