University of Texas School of Law
2017 Bernard O. Dow
Leasing Institute
Houston Nov 10, 2017 South Texas College of Law Houston
Conference Concluded

UT Law CLE

2017 Bernard O. Dow Leasing Institute

Program Features
Back by popular demand, the Bernard O. Dow Leasing Institute brings together experts in real estate law, finance, and leasing for a focused one-day program that covers the latest leasing issues at a sophisticated level.
 
2017 highlights include: 
  • Insight into leasing essentials with sessions on key terms in retail, commercial, and ground and parcel leases
  • Tips to effectively negotiate sublease provisions and address concerns about the lack of privity of contract and the sublandlord’s inability to perform certain obligations
  • An exploration of the insurance policies and endorsements recommended for commercial leases in plain English
  • A survey of the common issues affecting leases in bankruptcy proceedings, featuring Hon. Marvin Isgur, U.S. Bankruptcy Court, Houston, TX
  • A review of monetary and possessory remedies for tenant defaults and the interplay between common law, statutory, and contractual remedies
All this plus the opportunity to earn 7.25 hours of MCLE and network with fellow practitioners!

UT Law CLE

2017 Bernard O. Dow Leasing Institute

12/13/17
Schedule

Friday Morning, Nov. 10, 2017

Presiding Officer:
Frank Z. Ruttenberg, Haynes and Boone, LLP - San Antonio, TX

7:30 am
Registration Opens

Includes continental breakfast.

8:25 am
Welcoming Remarks

8:30 am

0.50 hr

Specific Procedures for Commercial Leases to Avoid Late-Term Disagreements

Many commercial leases and letters of intent have provisions which afford specific rights or obligations to one party or the other, such as a tenant’s restoration requirements, rights to expand, contract, or terminate. Often, the individuals drafting the lease neglect to include specific procedures to quantify, or otherwise address, items that may be unknown at the time of the drafting or the time of lease execution. Identify the points in commercial leases that often are inadequately addressed and can result in disagreements between landlords and tenants, and hear potential solutions to each issue, including examples of verbiage and/or mathematical computations.

Candace S. Baggett, The Calibre Group, Inc. - Houston, TX
P. Kane Dossett, Partners National Real Estate Group - Dallas, TX

9:00 am

0.50 hr

Key Terms in Retail Leases

From exclusives and co-tenancy provisions, to radius restrictions and percentage rent, retail leases are replete with unique concepts not found with other property types. Explore the varying perspectives of landlords and tenants (and their attorneys) in navigating the minefield of retail leasing.

Leann Wolf Karim, Wilson, Cribbs & Goren - Houston, TX
Anthony L. Marré, Wilson, Cribbs & Goren, P.C. - Houston, TX

9:30 am

0.50 hr

Key Terms in Ground Leases

Ground leases often anticipate that the tenant will carry out further development of the tract and they often contain restrictions as to the nature of the development and integration into adjacent developments. Examine issues that arise in connection with the negotiation of a ground lease from the perspectives of landlords, tenants and their respective attorneys.

Lewis S. Kasner, Jackson Walker L.L.P. - Houston, TX

10:00 am

0.50 hr

Utilizing Letters of Credit as Security for Lease Transactions

In uncertain economic times, the use of letters of credit to secure tenant performance is increasingly common. Explore frequently negotiated provisions related to the use of letters of credit from both the landlord's and tenant's perspective.

Andrew S. Cohen, Hornberger Fuller & Garza - San Antonio, TX

10:30 am
Break

10:45 am

0.75 hr

Landlord's Remedies for Tenant Defaults

Review monetary and possessory remedies for tenant defaults and the interplay between common law, statutory, and contractual remedies. Hear updates on Texas and national developments in mitigation jurisprudence, and obtain annotated forms for default and remedies provisions for commercial leases.

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

11:30 am

0.75 hr

Addressing Lease Defaults in Bankruptcy

Survey the common issues affecting leases in bankruptcy proceedings.

Karl Daniel Burrer, Greenberg Traurig, LLP - Houston, TX
Hon. Marvin Isgur, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX

12:15 pm
Pick Up Lunch

Friday Afternoon, Nov. 10, 2017

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

LUNCHEON PRESENTATION

Remarks on the Bernard O. Dow Legacy

Bernard Dow, described as “the dean of Houston real estate lawyers and a wonderful person,” has been the inspiration behind the Leasing Institute that bears his name since its inception in 2005. The Institute would not exist without Mr. Dow, and it is proud to be part of his considerable legacy.

Melvin Dow

12:35 pm

0.50 hr

Land Use Update

Review recent cases on zoning, takings, vested rights, land use agreements, etc.

James L. Dougherty Jr., Attorney at Law - Houston, TX

 
1:05 pm
Break

1:20 pm

0.75 hr

Insurance Provisions and Casualty Loss

In plain English, explore the insurance policies and endorsements recommended for commercial leases and learn how to mesh the indemnity and casualty sections of a commercial lease with the recommended policies and endorsements.

Aaron Johnston Jr., The Johnston Law Firm, PLLC - Dallas, TX

2:05 pm

0.50 hr

Operating Expenses Provisions

Examine market inclusions and exclusions for Operating Expenses for all asset classes, as well as related landlord billing and audit mechanics.

J. Pieratt, DLA Piper LLP US - Austin, TX

2:35 pm

0.50 hr

Short, But Still Not Sweet: The Landlord Subordination Agreement, 10 Years Later

Lenders' forms of Landlord Subordination Agreements are often short, which leads many landlords to conclude that they are innocuous. In fact, they are full of traps for unwary landlords. Discuss those traps and explore an alternative form to avoid them.

Harriet Anne Tabb, McGuire, Craddock & Strother P.C. - Dallas, TX

3:05 pm
Break

3:15 pm

0.75 hr

Subleases: Negotiation Tips

Subleases present unique issues that are absent in direct leases due to (i) the incorporation of the primary lease; (ii) the lack of privity of contract; and (iii) the sublandord's inability to perform certain obligations. Get tips to effectively negotiate sublease provisions so the parties can resolve their respective concerns.

Katy D. Carmical, Winstead PC - Houston, TX
Marni Dee Zarin, Winstead PC - Houston, TX

4:00 pm

0.75 hr

Finish-Out and Work Letters

Review issues that arise in the negotiation and drafting of work letters for leases from the landlord and tenant perspectives.

Abby Johanson, Haynes and Boone, LLP - San Antonio, TX
Frank Z. Ruttenberg, Haynes and Boone, LLP - San Antonio, TX

4:45 pm
Adjourn

UT Law CLE

2017 Bernard O. Dow Leasing Institute

Faculty

Conference Faculty

Candace S. Baggett
The Calibre Group, Inc.
Houston, TX
Karl Daniel Burrer
Greenberg Traurig, LLP
Houston, TX
Katy D. Carmical
Winstead PC
Houston, TX
Andrew S. Cohen
Hornberger Fuller & Garza
San Antonio, TX
P. Kane Dossett
Partners National Real Estate Group
Dallas, TX
James L. Dougherty Jr.
Attorney at Law
Houston, TX
Melvin Dow
Hon. Marvin Isgur
U.S. Bankruptcy Court, Southern District of Texas
Houston, TX
Abby Johanson
Haynes and Boone, LLP
San Antonio, TX
Aaron Johnston Jr.
The Johnston Law Firm, PLLC
Dallas, TX
Leann Wolf Karim
Wilson, Cribbs & Goren
Houston, TX
Lewis S. Kasner
Jackson Walker L.L.P.
Houston, TX
Anthony L. Marré
Wilson, Cribbs & Goren, P.C.
Houston, TX
J. Pieratt
DLA Piper LLP US
Austin, TX
Frank Z. Ruttenberg
Haynes and Boone, LLP
San Antonio, TX
Harriet Anne Tabb
McGuire, Craddock & Strother P.C.
Dallas, TX
Thomas M. Whelan
McGuire, Craddock & Strother, P.C.
Dallas, TX
Marni Dee Zarin
Winstead PC
Houston, TX

Planning Committee

Frank Z. Ruttenberg—Chair
Haynes and Boone, LLP
San Antonio, TX
Robert Harms Bliss—Chair Emeritus
Attorney at Law
Dallas, TX
Aaron Johnston Jr.—Chair Emeritus
The Johnston Law Firm, PLLC
Dallas, TX
Candace S. Baggett
The Calibre Group, Inc.
Houston, TX
K. Gregory Erwin
Winstead PC
Houston, TX
Kent Newsome
Greenberg Traurig, LLP
Houston, TX
Ed Walts
The University of Texas System
Austin, TX
Philip D. Weller
DLA Piper LLP US
Dallas, TX
Thomas M. Whelan
McGuire, Craddock & Strother, P.C.
Dallas, TX

UT Law CLE

2017 Bernard O. Dow Leasing Institute

Credit Information

MCLE Credit

Texas
7.25 hrs
Legal Specialization(s): Consumer and Commercial Law, Real Estate Law
Additional Information
A Texas MCLE Reporting Form will be included in your course materials. Please complete and return to the registration desk and UT Law CLE will report credit on your behalf to the State Bar of Texas, or you can self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Attendance will be provided at the conference to keep for your records.  
California
7.25 hrs
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will maintain Attendance Records for four years.  
Louisiana
7.25 hrs
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. UT Law CLE will report credit on your behalf to the Supreme Court of Louisiana Continuing Legal Education Committee within 30 days after the conference. You will receive a Certificate of Attendance at the conference to keep for your records.
Oklahoma
8.50 hrs
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.
Other States
Note on Self-Reporting Your Credits in Another State
If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state before taking the program to ensure it will qualify for self-reporting your credits.

Other Credit

TX Accounting CPE
8.50 hrs
Additional Information
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 will need to sign in on the Accounting CPE Record of Attendance form at the registration desk. You will receive a Texas Accounting Certificate of Completion at the conference for your records. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  
TX Real Estate Commission (TREC)
Additional Information
https://www.trec.texas.gov/sites/default/files/pdf-forms/CE_CLE-0.pdf

Use this link to obtain the TREC MCE form for self-reporting your TREC credit.  UT Law CLE will provide a Certificate of Attendance at the conference.

UT Law CLE

2017 Bernard O. Dow Leasing Institute

Key Dates

Houston

  • Last day for Individual early registration: Nov 1, 2017
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Nov 3, 2017
  • Last day for cancellation (partial refund): Nov 6, 2017
    $50 processing fee applied

UT Law CLE

2017 Bernard O. Dow Leasing Institute

Hotel / Venue

Houston

South Texas College of Law Houston

1303 San Jacinto Street
Houston, TX
713.659.8040
Map

Parking Information

Various parking garages and surface lots in the area

Nearby Hotel Accommodations

Four Seasons Hotel

1300 Lamar St
Houston, TX
713.650.1300 (reservations)
Map

Parking Information

Valet $15 per day; Overnight Valet $30; Self-parking available in nearby lots