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Sub-leasing & Assignments (Teleseminar)
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Sub-leasing & Assignments (Teleseminar)

2 CLE hours

3/24/2015 to 3/25/2015
When: 03/24/2015 to 03/25/2015
1:00 PM to 2:00 PM
Contact: (404) 521-0781


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One-hour CLE programs are just a phone call away
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An 800 number connects you to nationally recognized practice leaders who will speak on important issues and emerging trends in the law. You can also pose your own questions to the speakers. Written materials and other details are emailed in advance to pre-registrants.

 
Sub-leasing & Assignments - 2 CLE hours

Subleasing and assignments are essential tools for tenants to move space and mitigate the (sometimes substantial) expense of unused space.  But these tools can also be the bane of landlords, who in a sense lose control of the space to subtenants with whom they are not in privity of contract. Subleases come in a variety of forms, each a delicate balance of rights, remedies and liability among the landlord, tenant, and subtenant.  Carefully drafted, they can serve the interests of the parties for the term of the lease/sublease.  But subleases can be so complicated that they can easily go awry and descend into dispute over space, disruption in its use, and litigation. This program will provide you with a practical guide to the various forms of subleases and assignments, key issues for landlords, tenants, and subtenants, and tips to avoid common drafting traps. 

Day 1 – March 24, 2015:

Drafting and negotiating subleases and assignments of leases
Differences between subleasing and assignment and practical uses of each
Types of underlying documents – straight lease without reference to master lease, incorporation by reference to master lease, custom-made sublease
Standards of “reasonableness” in obtaining landlord consent to assignment or sublease
Motivations and risks of tenants and subtenants in subleasing
Landlord and lender concerns in subleases 

Day 2 – March 25, 2015:

Detailed examination of specific issues in office and retail space subleases
Most highly negotiated provisions in subleases – and sources of dispute and litigation with landlords
Space recapture, profit sharing, and other landlord remedies
Restrictions on use in subleases and subtenant risks
Non-disturbance agreements with landlord and lender
Remedies of subtenant on tenant to landlord default 

Speakers:

Mark A. Senn
is a partner in the Denver law firm of Senn Visciano Canges P.C, where he has an extensive national real estate practice, including commercial leasing, purchases and sales, title cases, condominiums, loan and workout transactions, and mezzanine financing transactions.  He is the author of "Commercial Real Estate Leases: Preparation, Negotiation and Forms" (3d ed.) and "Commercial Real Estate Transactions Handbook (3d ed), both published by Aspen Law & Business.  He is a member of the Board of Governors of the American College of Real Estate Lawyers and a member of the Board of the Advisors of the newsletter “Commercial Lease Law Insider.”  He received his B.S., with distinction, from Stanford University and his J.D. from Boalt Hall School of Law at the University of California, Berkeley.

Richard R. Goldberg is a retired partner, resident in the Philadelphia office of Ballard Spahr, LLP, where he established an extensive real estate practice, including development, financing, leasing, and acquisition. Earlier in his career, he served as vice president and associate general counsel of The Rouse Company for 23 years.  He is past president of the American College of Real Estate Lawyers, past chair of the Anglo-American Real Property Institute, and past chair of the International Council of Shopping Centers Law Conference.  Mr. Goldberg is currently a Fellow of the American College of Mortgage Attorneys and is a member of the American Law Institute.  Mr. Goldberg received his B.A. from Pennsylvania State University and his LL.B. from the University of Maryland School of Law.
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