Risky Tenants - Drafting Issues for Landlords - A National Perspective

Presented by the ISBA


0.75 hour MCLE credit


Original Program Date: January 26, 2023
Accreditation Expiration Date: ­­­­­­­­­­­­­­­­­­­­­­­­­May 18, 2025 (You must certify completion and save your certificate before this date to get MCLE credit)


Landlords (and their lenders) want nothing more than certainty in the stream of rental payments from tenants. When risks are involved – because of the profile of the tenant or the nature of its operations – landlords seek to offset the risk through higher rents and protective provisions in leases. Those provisions may include restrictions on usage, insurance requirements, more thoroughgoing inspections or other restrictions. This program will provide you with a guide to drafting and negotiating leases when a landlord has a risky tenant, with an emphasis on offsetting or compensation for that additional risk.
  • Drafting protections for landlords when tenants pose legal or operational risks – including cannabis businesses
  • Identifying points of potential liability – financial and otherwise – for landlords
  • Drafting scope of tenant use to permit activity but limit landlord risk
  • Economic issues – rent, guarantees, insurance, supplemental payments, escrow
  • Termination provisions – when can the landlord pull the plug?

Speaker:

Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice. He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use. He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology. Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.

Policies for Newly Distributed Workforces: How to Make the "New Office" Work - A National Perspective

Presented by the ISBA


1.0 hour MCLE credit


Original Program Date: January 24, 2023
Accreditation Expiration Date: ­­­­­­­­­­­­­­­­­­­­­­­­­May 18, 2025 (You must certify completion and save your certificate before this date to get MCLE credit)


In the aftermath of the pandemic, the nature of work has changed. Employees expect more flexibility. Working from home is no longer a special accommodation. Employees expect to work remotely, either all of the time or some of the time. Even employers that prefer or require in-person work are having to adapt workplace policies to reflect working-from-home. This program will review the changing landscape of employment law as more employees work from home:
  • Revising employee handbooks to reflect flexible working schedules and remote work
  • Online harassment and discrimination when working from home
  • Security of work email, sensitive information, and files
  • Tracking time worked and measuring productivity – does this work?
  • “Hoteling” issues – when employees share office space on a rotating basis

Speaker:

William J. Kelly, III is a founding member of Kelly & Walker LLC, and has more than 25 years’ experience in the areas of employment and commercial litigation. In the area of employment law, he litigates trade secret, non-compete, infringement and discrimination claims in federal and state courts nationwide and has advised Fortune 50 companies on workplace policies and practices. In the area of commercial litigation, his experience includes class action litigation, breach of contract and indemnity, mass-claim complex insurance litigation, construction litigation and trade secrets. Earlier in career, he founded 15 Minutes Music, an independent music production company. Mr. Kelly earned his B.A. from Tulane University and his J.D. from St. Louis University School of Law.


1031 Like-Kind Exchanges in Trust & Estate Planning - A National Perspective

Presented by the ISBA


1.0 hour MCLE credit


Original Program Date: January 19, 2023
Accreditation Expiration Date: ­­­­­­­­­­­­­­­­­­­­­­­­­May 18, 2025 (You must certify completion and save your certificate before this date to get MCLE credit)


For clients with significant real estate portfolios in their estates, Section 1031 like-kind exchanges can be a very effective tool for deferring gain. Recent tax legislation has scrambled familiar tax, economic, and practical considerations for making a like-kind exchange, in some circumstances making these techniques more attractive than before, but in others (incoming producing property) less attractive. There are also substantial real estate law traps in like-kind exchanges. This program will provide you with a practitioner’s guide to using new like-kind exchange rules in trust and estate planning.

  • Trust and estate planning opportunities using Section 1031 like-kind exchanges
  • How the 2017 tax law changed conventional considerations of using like-kind exchanges
  • Review of major non-estate tax issues for estate planners when using like-kind exchanges
  • Circumstances when it no long makes sense to use like-kind exchanges for income-producing party
  • Real estate traps when using like-kind exchanges in trust planning


Speakers:

Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice. He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use. He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology. Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.

Susan Wheatley is a partner in the Cincinnati office of Taft Stettinius & Hollister LLP and chair of its trust and estate planning practice. Her practice focuses on advising clients on their estate and business succession planning. She also advises clients about sophisticated charitable and gifting giving strategies. She is a Fellow of the American College of Trust and Estate Counsel and an adjunct professor of law at the University of Cincinnati College of Law. Ms. Wheatley earned her B.A. at Yale University and her J.D. from Northwestern University School of Law.

Breaking the Language Barrier: Best Practices for Language Access in Court Proceedings

Presented by the ISBA International & Immigration Law Section
Co-sponsored by the ISBA Bench & Bar Section, ISBA Tort Law Section, ISBA Civil Practice & Procedure Section, and the ISBA Diversity Leadership Council


1.50 hour MCLE credit, including 1.50 hour Professional Responsibility MCLE credit in the following category: Diversity & Inclusion credit


Original Program Date: May 17, 2023
Accreditation Expiration Date: ­­­­­­­­­­­­­­­­­­­­­­­­­June 1, 2025 (You must certify completion and save your certificate before this date to get MCLE credit)


Don’t miss this informative presentation that gives you the best practice tips you need to help break the language barrier for your client throughout their court proceedings. International and immigration lawyers, family law counsel, racial and ethnic minority attorneys, general practitioners, and new lawyers with basic to intermediate practice experience who attend this online program will learn:
  • The role of the interpreter;
  • The three different modes of interpreting;
  • How the Language Access Policy can help your client;
  • How to work with interpreters in (and out) of the courtroom;
  • The difference between interpreters and translators;
  • Why having an interpreter is so important to accessing justice; and
  • Knowing when there may be an issue with the interpreter or client.

Program Coordinator/Moderator:
Angela E. Peters, Buffalo Grove Law Offices, Arlington Heights

Program Speakers:
Noor Alawawda, Senior Program Manager, Language Access, Administrative Office Illinois Courts, Chicago
Prof. Nicole Okerblad, Certified Court Interpreter, Waubonsee Community College, Batavia
Hon. Jesse G. Reyes, Illinois Appellate Court First District, Chicago


Pricing Information

  • Please Note: You must attend the entire program in order to earn MCLE credit for this seminar.
  • ISBA sponsoring section members get a $10 registration discount (which is automatically calculated in your cart when you log in to register).
  • Fees:
    • ISBA Member Price of $45 is displayed below when you login and program is eligible for Free CLE member benefit
    • Non-Member Price $75
    • New Attorney Member (within the first five years of practice) - $25
    • Law Students - Free

Trust and Estate Planning Issues in Divorce - A National Perspective (2023)

Presented by the ISBA


1.0 hour MCLE credit


Original Program Date: January 17, 2023
Accreditation Expiration Date: ­­­­­­­­­­­­­­­­­­­­­­­­­May 18, 2025 (You must certify completion and save your certificate before this date to get MCLE credit)


Martial separation and divorce are times fraught with emotion, but also fraught with financial decisions that have a major estate, trust and tax implications. Transfers pursuant to divorce are generally tax-deferred. But there are many complications, including the transfer of property over time or where the value may not be known, the assumption of debts, the treatment of income held in trust, and also complex issues of beneficiary designations in retirement plans and insurance contracts. If not properly planned, these transfers can have substantially adverse and often unanticipated consequences. Thus program will cover major issues in trust and estate planning for divorce.
  • Treatment of income from and property held in trust on divorce
  • Traps surrounding beneficiary designations on retirement benefits and insurance contracts
  • Opportunities for post-nuptial agreements to resolve lingering disputes
  • Issues related to the sale or transfer of personal residences
  • Income tax issues when property and debt are separated in divorce
  • Health care issues for children, including insurance for the divorcing spouse
  • Educational expenses for children over time

Speakers:

Missia H. Vaselaney is a partner in the Cleveland office of Taft, Stettinius & Hollister, LLP, where her practice focuses on estate planning for individuals and businesses. She also represents clients before federal and state taxing authorities. Ms. Vaselaney is a member of the American Institute of Certified Public Accountants and has been a member of the Steering Committee for AICPA’s National Advanced Estate Planning Conference since 2001. Ms. Vaselaney received her B.A. from the University of Dayton and her J.D. from the Cleveland-Marshall College of Law

Michael Sneeringer an attorney in the Naples, Florida office of Porter Wright Morris & Arthur LLP, where his practice focuses on trust and estate planning, probate administration, asset protection planning, and tax law. He has served as vice chair of the asset protection planning committee of the ABA’s Real Property, Trust and Estate Section and is an official reporter of the Heckerling Institute. Mr. Sneeringer received his B.A. from Washington & Jefferson College, his J.D., cum laude, St. Thomas University School of Law, and his LL.M. from the University of Miami School of Law.

Drafting Liquidated Damages Clauses - National Perspective

Presented by the ISBA


0.75 hour MCLE credit


Original Program Date: January 13, 2023
Accreditation Expiration Date: ­­­­­­­­­­­­­­­­­­­­­­­­­May 18, 2025 (You must certify completion and save your certificate before this date to get MCLE credit)


Liquidated damages clauses are a risk allocation tool used across business, commercial, real estate and sometimes employment agreements. On the occurrence of certain carefully defined triggering events, the breaching party is liable for the liquidated damages amount. Triggering events run the gamut from failure to deliver marketable products on a timely basis to early termination of an employment contract. Though these clauses are intended reduce the risk of post-closing litigation over damages, the scope of damages is not always knowable at closing and poorly drafted clauses may cause more litigation. This program will provide you a real world guide to the essential elements of enforceable liquidated damages clauses.

  • Law governing liquidated damages clauses
  • Elements of clauses – damages difficult to quantify and liquidated amount reasonably related to actual damages
  • Guidance on optionality, specificity, self-justification, and triggers
  • Circumstances in which clauses are most effectively used – and those where they are ineffective
  • Practical tips of enhancing enforceability and collecting damages

Speaker:

Shannon M. Bell is a member with Kelly & Walker, LLC, where has litigates a wide variety of complex business disputes, construction disputes, fiduciary claims, employment issues, and landlord/tenant issues. Her construction experience extends from contract negotiations to defense of construction claims of owners, HOAs, contractors and tradesmen. She also represents clients in claims of shareholder and office liability, piercing the corporate veil, and derivate actions. She writes and speaks on commercial litigation, employment, discovery and bankruptcy topics. Ms. Bell earned her B.S. from the University of Iowa and her J.D. from the University of Denver.

Capital Calls: Agreements to Contribute More Capital Over Time - A National Perspective

Presented by the ISBA


0.75 hour MCLE credit


Original Program Date: January 11, 2023
Accreditation Expiration Date: ­­­­­­­­­­­­­­­­­­­­­­­­­May 18, 2025 (You must certify completion and save your certificate before this date to get MCLE credit)


Many companies need additional capital to fund current operations and fuel growth. When raising capital, these companies often look first to their existing investor base. The company may build into its operative documents – shareholder agreements, operating agreements, even its articles of incorporation or organization – a plan whereby the company can “call” on existing investors to contribute additional capital. There are various mechanisms for achieving these types of “capital calls” and adjusting the ownership interests and other rights of incumbent investors who do not contribute additional capital. This program will provide you a practical guide to planning capital calls in closely held businesses, including how to adjust the financial and governance rights of the company’s owners.

  • Advantages/disadvantages of requiring capital from existing investor base over time
  • Forms of follow-on contributions – pro-rata and other structures
  • Readjustment of stake in company when certain investors do not participate – dilution issues
  • Voting, informational and related issues on the contribution of additional capital
  • Obtaining additional capital from investors beyond the original
  • Counseling clients about potential investor group disputes

Speaker:

C. Ben Huber is a partner in the Denver office of Greenburg Traurig, LLP, where he has a broad transactional practice encompassing mergers and acquisitions, restructurings and reorganizations, corporate finance, capital markets, venture funds, commercial transactions and general corporate law. He also has substantial experience as counsel to high tech, biotech and software companies in the development, protection and licensing of intellectual property. His clients include start-up companies, family- and other closely-held businesses, middle market business, Fortune 500 companies, venture funds and institutional investors. Mr. Huber earned his B.A. from the University of Colorado and his J.D. at the University of Colorado Law School.

2023 Uniform Commercial Code/Commercial Law Update - A National Perspective

Presented by the ISBA


1.0 hour MCLE credit


Original Program Date: January 6, 2023
Accreditation Expiration Date: ­­­­­­­­­­­­­­­­­­­­­­­­­May 18, 2025 (You must certify completion and save your certificate before this date to get MCLE credit)


The overlapping articles of the UCC impact most business, commercial and real estate transactions. From the perfection of security interests to the enforceability of promissory notes and investment contracts to equipment leases and the sale of goods, the UCC plays a role in most significant transactions. This program, led by one of the nation’s leading authorities on the UCC, will provide you with a wide-ranging discussion of developments under the many articles of the UCC, including secured transactions, investment notes, sales, and equipment leasing.
  • Recent UCC developments for transactional attorneys
  • Developments impacting commercial, business and real estate transactions
  • UCC Article 9, asset-based transactions and secured transactions
  • Sales of goods contracts
  • Equipment leases, including computer equipment and capital equipment
  • Notes, guarantees and letters of credit

Speaker:

Steven O. Weise is a partner in the Los Angeles office Proskauer Rose, LLP, where his practice encompasses all areas of commercial law. He has extensive experience in financings, particularly those secured by personal property. He also handles matters involving real property anti-deficiency laws, workouts, guarantees, sales of goods, letters of credit, commercial paper and checks, and investment securities. Mr. Weise formerly served as chair of the ABA Business Law Section. He has also served as a member of the Permanent Editorial Board of the UCC and as an Advisor to the UCC Code Article 9 Drafting Committee. Mr. Weise received his B.A. from Yale University and his J.D. from the University of California, Berkeley, Boalt Hall School of Law.