CLE Sessions

(Times shown are Mountain Time Zone. All moderators, panelists, and speakers are ACMA Fellows unless indicated with company affiliation and location.)

Thursday, September 15

9:00 am–4:00 pm

Corporate Counsel Symposium (Exclusively for ACMA Fellows who are in-house counsel)

Moderators:

  • Hilary M. Gevondyan
  • Jennifer L. Wolf

Friday, September 16

7:30 am–8:30 am

LIBOR is Dead, Now What?

This presentation will discuss how the transition from LIBOR, at present, has and has not met expectations. We will also discuss issues concerning the transition from LIBOR and, on a practical basis, how to best deal with these issues, as well as drafting tips regarding replacement indices for LIBOR. Finally, the panel will describe how financial institutions have been dealing with the transition from LIBOR.

Moderator:

  • Elizabeth C. Lee

Panelists:

  • Christopher M. Celio
  • Eric S. Deskins
  • Jonathan Thalheimer

8:30 am–9:45 am

Designing for Democracy – How Do We Design Healing, Equity & Justice into Real Estate?

Real estate today is the product of yesterday’s inequality. Redlining, prolonged separation, and other programs caused U.S. real estate to be intentionally designed, funded, and developed differently for different people. Even if the norms that gave rise to these programs may have shifted, the impacts—valuation feedback loops, permanent food deserts, communities devastated by freeways, and more—are tenacious. What can we do to undesign these effects? This facilitated discussion with noted architect April de Simone of Trahan Associates will illustrate how to avoid perpetuating these persistent and structural inequities, and rather, create and empower more equitable, humane, and just stewardship of the built environment.

Speaker:

 

Discussion Facilitators:

  • Judy M. Lam
  • Elizabeth C. Lee

10:00 am–11:00 am

Restructuring and Remedies Post-COVID

We find ourselves in an inflationary environment, with sharply rising interest rates and supply chain issues, as the world emerges from the COVID-19 pandemic. Our expert panel will consider how restructuring strategies and remedies today are evolving based on current legal and market forces. Topics may include:

  1. How will the current inflationary environment, rising rates, and growing emphasis on remote work and online retail impact the various asset classes?
  2. What recent statutory developments and trends in case law affect a lender’s options?
  3. How will lenders adjust their recovery strategies in light of these factors?

 

Moderator:

  • Alan M. Feld

 

Panelists:

  • William J. Jordan
  • Cheryl A. Kelly
  • Judy M. Lam
  • Scott R. Lesser
  • Rachel A. Orban
  • Jenna Unell

11:00 am–Noon

Sustainable Finance, Climate Change, ESG Criteria, and Real Estate: Are You Ready for a Sea Change?

In the aftermath of COP21 and the adoption of the Paris Agreement, climate change is emerging on the global stage as the issue of the day. Among the priorities is the need for a more sustainable financial system that will enable a transition to a greener and more resilient economy. This panel will provide insight on the new global climate governance as it is unfolding, as well as an overview of the innovations that will be required of lawyers in real estate and finance, particularly those affected by the new climate governance of banks, who will see the standardization of “green loans” and “green leases.” The panel also will discuss ESG implications for financial reporting and disclosure requirements and “ESG pricing” of loans.

Moderator:

  • James Papadimitriou

 

Panelists:

  • Alison K. Chave, C.App., GSFP, CCBI, Jones Lang LaSalle Real Estate Inc., Montréal, QC, Canada
  • Antoine Leduc
  • Dragica Mijailovic

Saturday, September 17

7:30 am–8:30 am

Peek-a-Boo and the Corporate Transparency Act— What Could Possibly Go Wrong?

Congress enacted the Corporate Transparency Act on January 1, 2021, a far-reaching effort to create a federal database of beneficial owners of certain corporations, limited liability companies, and other entities. This session will discuss the genesis of the new federal law, highlight the significant ambiguities in the law and proposed regulations issued by the U.S. Treasury to date (both final and proposed), and consider the likely impact of the regulations on transactional lawyers and their clients.

Speaker:

  • Kevin L. Shepherd

8:30 am–9:30 am

ALTA 2021 Title Policy Update and Putting Together the Pieces of the Commercial Loan Transaction Puzzle: Commercial Financing and Title Insurance Endorsement Coverage Before and After Closing

The first segment of the program will feature an update by ACMA Fellow Jim Gosdin on the ALTA 2021 Forms that are currently being filed for use by title insurers. The second part of the program will focus on commercial title endorsement coverage available to a construction lender in a hypothetical commercial financing transaction. Members of the panel representing lender’s counsel, title counsel, and title company claims counsel will discuss how the lender’s requirements interconnect with applicable title insurance endorsements and how the coverage provided by the endorsements plays out in a claims scenario post-closing.

Moderator:

  • Wendy S. Gibbons

 

Panelists:

  • Robert Baker, Old Republic National Title Insurance Company, Minneapolis, MN
  • Hilary M. Gevondyan
  • James L. Gosdin
  • Dawn M. Lewallen

9:30 am–9:45 am

ACMA Annual Business Meeting

10:00 am–11:00 am

Seventh Inning Stretch:  Issues to Watch Out for in a Late Stage Lending Market

The panel will discuss current issues encountered in this late stage lending cycle using real world examples as reference points.  They will additionally walk participants through a brief return to the basics of commercial real estate lending diligence procedures on key issues in a loan transaction.  Finally, they will address the recent trend toward receivership sales as well as certain local government initiatives impacting CRE transactions.

Moderator:

  • Maura B. O’Connor

 Panelists: 

11:00 am–Noon

Ethics and Professional Responsibility Considerations in Commercial Finance Transactions

This presentation will discuss ethical and professional responsibility considerations in mortgage loan transactions and workouts.  The panel will address real-life examples and provide best practices for ethical and professional responsibility issues that arise during a complex transaction.

Moderator:

  • Meagen E. Leary

 

Panelists: