Presentations

17th Annual Commercial Real Estate Institute

Date
December 01, 2015 - December 02, 2015
Location
PLI New York Center
Address
177 Avenue of the Americas, New York, New York
Speaker
Mitchell D. Haddad
Sponsor
Practicing Law Institute
Topic
Real Estate Litigation: A Toolkit for Transactional Lawyers
Description
Real Estate Litigation: A Toolkit for Transactional Lawyers will cover:
• Pre-litigation strategy
• Litigating landlord/tenant, mortgage loan, and other real estate disputes
– Finding the right forum; forum selection clauses
– Similarities/differences from other litigation; special REIT considerations
• Pre-litigation issues for attorneys – mortgages
– Examination of title
– Existence of defaults
– Default/acceleration notices
– Post-acceleration practical tips
• Pre-litigation issues for attorneys – landlord/tenant – ADR versus litigation
– Acceptance of rent/waiver of default
• Predicting outcomes/providing guidance to clients
• The discovery process
– Production
– Privilege
– Protective orders
– Spoliation
• Role of the transactional attorney in resolving real estate disputes
• Tips to preserve and improve the attorney/client relationship during litigation