Real Estate, Condemnation, and Trust


Learn while you’re on the go. Listen to the Real Estate, Condemnation, and Trust Litigation Committee’s audio recordings on this archive page.

Sound Advice

Section 15a of the MA Mechanics Lien Law
Boston real estate litigator Ross Wecker explains the ins and outs of the Bay State’s mechanics lien law, specifically section 15a.

Working with Real Estate Experts
Practicing real estate litigation exposes lawyers to a wide array of experts. Marcus Chatterton and Jesse Evans outline the type of experts you may need and why they are valuable.

Contaminated Properties
Have your clients been involved in contaminated commercial real estate? James Smith reviews the steps appraisers must make for their testimony to be admissible.

Speaking and Listening Across Gender Lines
By Saba Syed – April 4, 2018
This course addresses speaking and listening trends among genders in the workplace and legal field backed by recent studies and research. Tune in to learn about common pitfalls in communicating across genders and solutions in moving past language barriers.

Restrictive Covenants in Today’s Retail Marketplace
By using examples in which both the landlord and the tenant have prevailed, Anthony DeProspo, Jr., explains that the enforcement of restrictive covenants is largely based on the individual circumstances of the case. (7:16 min.)

Tips for Intake on Trust Cases Part 2
In the second installment of a series on client intake, committee cochair Robert Will identifies the hazards posed by no-contest clauses in trusts and wills. (9:29 min.)

Common Mistakes in Appellate Practice and How to Avoid Them
By using examples in which both the landlord and the tenant have prevailed, Anthony DeProspo Jr., explains that the enforcement of restrictive covenants is largely based on the individual circumstances of the case. (7:16 min.)

Billboards in Condemnation Cases
David Rapp discusses a recent case in the Kansas Supreme Court that establishes that outdoor advertising companies will be treated no better than other owners of commercial property. (8:49 min.)

Expert Witness Testimony from a Real Estate Appraiser
Hear former litigator and current chief judge Frank Bailey as he gives insight on both sides of the issue. First, he describes how to prepare your real estate appraiser for testimony. Then he examines the use of a Daubert challenge for such experts. (8:02 min.)

Tips for Intake on Trust Cases Part 1
Listen as Bob Will, cochair of the Trust & Estate Litigation committee, gives the first in a series of tips for intake on a trust case. Although not always used, an engagement letter may help alleviate confusion as the case progresses. (6:31 min.)

Lease Litigation: Are You Dealing With a Contract or an Estate in Land?
Real estate attorney Edward Bloom discusses potential problems while handling commercial lease disputes, and ways to prevent them. (9:18 min.)

Protecting Your Clients’ Interests During a Bankruptcy
Judge Raymond Pianka advises attorneys to pay close attention because, despite a bankruptcy, property owners still have legal obligations concerning real estate. (6:15 min.)

Recent Developments in Litigation Regarding Commercial Mortgages
Real estate lawyer Scott Osborne explains the ins and outs of commercial mortgages. (8:13 min.)


COVID-19: Force Majeure, Impossibility and Frustration of Purpose
As novel coronavirus has become a global pandemic, it has caused a ripple effect to businesses worldwide. This roundtable explores the contractual issues, in both real estate and generally, and whether parties can invoke force majeure clauses, impossibility and frustration of purpose. The roundtable will be presented by four attorneys, David Marmins of Arnall Golden Gregory LLP, Matthew Wilson of Arnall Golden Gregory LLP, and Hal Beerman and Howard Jeruchimowitz of Greenberg Traurig who confront these issues daily..

When the Floods and Fires Come: Landowner's Property Damage Claims
In the wake of the Superstorm Sandy, the 2017 hurricanes, and the California wildfires, landowners damaged by the disasters are faced with a confusing array of potential recovery options. This program is designed to assist small and general practice attorneys whose clients are harmed by these disasters. Anthony Della Pelle, Esq. of New Jersey and Kristen Renfro, Esq. of California will discuss the practitioner's views and Professor Shelley Saxer of Pepperdine Law School will discuss the legal theories relating to governmental and public utility liability for these claims.

Up in Smoke? Cannabis Law Roundtable
This discussion explores the collision of the cannabis industry and the real estate industry, including leasing, zoning, financing, personal injury and property liability, insurance (business/title insurance etc.) issues and other legal issues, along with other considerations for practitioners who may be thinking about becoming "cannabis counsel."

Questions Every Young Real Estate Litigator Must Ask
It’s not easy being a young litigator thrown into the fire of handling a lawsuit. While the facts and law of each case may differ, knowing what universal questions to ask in preparing for trial is an important first step.

Her Story: Women Succeeding in Real Estate Litigation
This is a panel discussion of women litigators holding positions from new associate up to partner on common topics including their roles and growth as litigators, within their firm management, within the real estate and trusts practice areas and within the ABA and other bar and networking associations, life-balancing, rainmaking, mentoring and what they see as the opportunities and challenges still ahead for themselves and for women litigators following them.

Drive-By ADA Lawsuit: A Civil Right or Open Season
This Roundtable discusses these lawsuits and the safeguards in place now to both allow and limit them.