June 21, 2018

Fundamentals 2.0

Fundamentals 2.0

Fundamentals 2.0

The 2018 Fundamentals 2.0 Series is a comprehensive introduction to commercial real estate. The series will focus on issues as they relate to commercial leasing, title insurance, legal opinions, financing and operating agreements.

The series will feature five 90-minute sessions of continuing legal education programming specifically designed for attorneys who are new to the field of real estate law. Attendees can register for the entire series or individual sessions.  

The 2018 program speakers are leading industry practitioners with in-depth knowledge and hands-on experience in real estate law.

Fundamentals 2.0Session 1:
Putting the FUN in the Fundamental Concepts of Commercial Leases

Wednesday, January 17, 2018
Available On-Demand

Speakers: David C. Camp, Senn Visciano Canges P.C., Denver, CO; Andy Gardner, Hurtuk & Daroff Co., LLP, Cleveland, OH and Ruth Schoenmeyer, Pircher, Nichols & Meeks LLP, Chicago, IL

A lawyer drafting a commercial lease must address more than just the rent and the term. After all, the landlord expects the tenant to take care of the property, the tenant may expect the landlord to provide services to support its occupancy, and both parties are concerned about who is responsible for accidents. In this presentation, three practitioners, each with more two decades of experience negotiating leases, will provide basic information and drafting tips with respect to major lease provisions that need to be addressed in all leases, including the following:

  • Preparing the Space for Occupancy: Who is responsible?
  • Permitted Use: Broad or limited?
  • Compliance with Laws (including the Americans with Disabilities Act): Who is responsible?
  • Utilities and Other Building Services: What services are needed, and who will provide them?
  • Maintenance, Repair, and Alterations: How should the baby be split?
  • Premises Liability, Insurance, and Indemnity: How should risk be allocated?
  • Security for Performance: Is it required?
  • Defaults: What are the parties’ respective remedies?

Available On-Demand

Fundamentals 2.0Session 2:
Next Steps in Title Insurance – Building on the Basics

Wednesday, February 14, 2018
Available On-Demand

Speakers: Marjorie Bardwell, Fidelity National Title Group, Jacksonville, FL; Kellye Clarke, Keegan DeVol & Clarke PLC, Alexandria, VA and Orlando Lucero, Fidelity National Title Group, Albuquerque, NM

This program will discuss the basics of title insurance – how a title search is created, how a transaction is closed and the extent of typical coverages provided.

The following matters will be covered:

Search and Examination

  • Public records;
  • Other searches;
  • The difference between and abstract and a title insurance product;
  • What does a basic owner’s policy cover;
  • What does a basic lender’s policy cover;
  • What may/must title company do to generate a commitment and policy; and
  • Gap searching.

Common Endorsements

  • The difference between endorsing owners and loan policies;
  • Residential loan policy endorsements;
  • Residential owners policy endorsements; and
  • Common commercial endorsements.

The Role of the Title Company in the Closing Process;

  • Table closings;
  • Escrow closings; and Closing protection letters.

Fundamentals 2.0Session 3:
Operating Agreements Today: The Foundation to Avoid Controversy Tomorrow

Wednesday, March 14, 2018
Purchase On-Demand Product

Speakers: Michael Hirschfeld, Andersen Tax, New York, NY; Stephen Linde, Sills Cummis & Gross P.C., New York, NY and Sara Toner, Richards, Layton & Finger, P.A., Wilmington, DE

This program will analyze drafting considerations for operating agreements when take title to, developing, owning and operating real estate through a limited liability company. Highlights include:

  • Formation, purpose and members of an LLC;
  • Management of the LLC;
  • Contributions of real property or other capital to the LLC and distributions to members;
  • Transfer and encumbrance of LLC interests;
  • Special considerations for use of LLC’s in sophisticated financings;
  • Introduction to basic LLC tax issues, including allocations;
  • Special Delaware opinions.


Fundamentals 2.0Session 4:
Next Steps in Financing — Making the Loan Fit the Project

Wednesday, April 18, 2018
Purchase On-Demand Product

Speakers: Christopher Bullock, Womble Bond Dickinson, Washington, D.C.; Benjamin A. Kelley, Ballard Spahr LLP, Baltimore, MD and Anna Mahaney, Ballard Spahr LLP, Baltimore, MD

During this session the panelists will discuss sophisticated commercial real estate projects that touch upon specific issues applicable to most loans. For these projects, the panelists will comment on frequently arising and negotiated borrower-lender issues, including the following:

Topics will include:

  • Property-specific loan issues including apartment, condominium, shopping center, mixed use and other real property development loans;
  • Construction Loans including holdbacks and escrows related to funding, lender and construction lien protections, including title policies and endorsements, engineer and other professional reports, inspections and consents to assignments of work product; and
  • Loan nuances including leasehold mortgages, intercreditor agreements and subordination and non-disturbance agreements


Fundamentals 2.0Session 5:
Legal Opinions —How They Help Make the Deal Happen

Wednesday, May 16, 2018
On-Demand Product Coming Soon

Speakers: Cheryl Kelly, Thompson Coburn LLP, St. Louis, MO; Edward Levin, Gordon Feinblatt LLC, Baltimore, MD and Charles Menges, McGuireWoods LLP, Richmond, VA

This session will focus on the fundamental issues involved in giving third party legal opinions in real estate secured loan transactions.

Topics will include:

  • The nuts and bolts of a legal opinion;
  • Opinion practice – what is, and what is not, appropriate;
  • Opinion issues related to entity status, power and authority, execution and delivery, no violation, enforceability and real estate liens;
  • Customary assumptions, exclusions and qualifications;
  • Due diligence required before rendering opinions;
  • Ethical issues in rendering opinion letters;
  • Use of opinion policies and procedures; and
  • Use of guidelines, accords, and reports.




Session 1 - On-Demand

Session 2 - On-Demand

Session 3 - On-Demand

Session 4 - On-Demand 

Session 5 - On-Demand Product Coming Soon

ABA Section of Real Property, Trust and Estate Law

Program Series
(all five sessions)

  • RPTE  Section Member $380
  • ABA Member $600
  • General Public $700
  • Additional Attendees (same firm) $300
  • Law Students (Webinar only) FREE

Each Session

  • RPTE Section Member $95
  • ABA Member $150
  • General Public $175
  • Additional Attendees (same firm) $75
  • Law Students (Webinar only) FREE

Speakers and topics are subject to change.

Scholarship Information:
To apply for a financial scholarship, please complete this application. You will be contacted regarding your scholarship prior to the program date.

Each webinar will be 90 minutes.

01:00 PM - 02:30 PM ET
12:00 PM - 01:30 PM CT
11:00 AM - 12:30 PM MT
10:00 AM - 11:30 AM PT

For each individual session, the ABA will seek 1.5 hours of CLE credit in 60-minute-hour states and 1.8 hours of CLE credit in 50-minute-hour states in states accrediting ABA live webinars and teleconferences.

NY-licensed attorneys: This non-transitional CLE program has been approved for newly admitted and experienced NY-licensed attorneys in accordance with the requirements of the New York State CLE Board for 1.5 hours of New York CLE credits.

The ABA does not seek direct accreditation of live webinars and teleconferences in FL, ID, KS, ME, NE, NJ, PA, RI, and WY. Some states allow attorneys to earn credit through reciprocity or self-submission. View accreditation information for your state at www.americanbar.org/mcle.

Cancellations and requests for refunds will be honored on the following basis: Two business days or more, 100% refund; one business day or less, 100% refund minus the $25 administrative fee. Substitute registrants are welcome.

For registration questions, please contact the ABA Service Center at 800-285-2221. For all other questions please contact Khadijah Kellogg at email or 312-988-5260.