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register today! • 800.247.4724 • www.pbi.org PBI is pleased to cosponsor this Institute with the PBA Real Property, Probate & Trust Law Section. 5080 Ritter Road, Mechanicsburg, Pennsylvania 17055-6903 12 CLE CREDITS 14 CPA PHILADELPHIA Thursday - Friday, December 2 - 3, 2010 Pennsylvania Convention Center, 12th & Arch Streets Real Estate Institute 14 th ANNUAL RECOVERING BUYING SELLING LAND USE AND MORE! It’s simply the best way to make sure you are up-to-speed on the latest developments. register before october 23 and SAVE PHILADELPHIA Thursday - Friday, December 2 - 3, 2010 Pennsylvania Convention Center, 12th & Arch Streets Real Estate Institute 14 th ANNUAL register before october 23 and SAVE TITLE ISSUES BUILDING GREEN ENVIRONMENTAL CONCERNS AND MORE! register today! • 800.247.4724 • www.pbi.org 12 Continuing Education Credits Each day of this Institute has been approved by the Pennsylvania Continuing Legal Education Board for 6 hours of CLE credit. Workshop choices will determine whether credits are in substantive law, practice and procedure or ethics, professionalism or substance abuse. 14 Continuing Education Credits for CPAs e Pennsylvania Bar Institute has been accepted as a program sponsor by the Pennsylvania State Board of Accountancy and the State of New Jersey Board of Accountancy. Each day of this program qualifies for a maximum of 7 hours of continuing education credit each day.

Real Estate 2010 - Schnader Harrison Segal & Lewis · **postmarked and paid on or before oct. 23, 2010 i am registering after oct. 23 and have enclosed a total payment of $ _____*

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Page 1: Real Estate 2010 - Schnader Harrison Segal & Lewis · **postmarked and paid on or before oct. 23, 2010 i am registering after oct. 23 and have enclosed a total payment of $ _____*

register today! • 800.247.4724 • www.pbi.org

PBI is pleased to cosponsor this Institute with the PBA Real Property, Probate & Trust Law Section. 5080 Ritter Road, Mechanicsburg, Pennsylvania 17055-6903

12 CLE CREDITS 14CPA

PhiladelPhiaThursday - Friday, december 2 - 3, 2010Pennsylvania Convention Center, 12th & arch Streets

Real estateinstitute

14th AnnuAl

RecoveRing

Buying

selling

lAnd use

and more!

it’s simply the best way to make sure you are up-to-speed on the latest developments.

register before october 23 and

sAve

PhiladelPhiaThursday - Friday, december 2 - 3, 2010Pennsylvania Convention Center, 12th & arch Streets

Real Estate Institute14th AnnuAl

register before october 23 and

sAve

title issues Building gReen enviRonmentAl conceRns

and more!register today! • 800.247.4724 • www.pbi.org

12 Continuing education CreditsEach day of this Institute has been approved by the Pennsylvania Continuing Legal Education Board for 6 hours of CLE credit. Workshop choices will determine whether credits are in substantive law, practice and procedure or ethics, professionalism or substance abuse.

14 Continuing education Credits for CPasThe Pennsylvania Bar Institute has been accepted as a program sponsor by the Pennsylvania State Board of Accountancy and the State of New Jersey Board of Accountancy. Each day of this program qualifies for a maximum of 7 hours of continuing education credit each day.

Page 2: Real Estate 2010 - Schnader Harrison Segal & Lewis · **postmarked and paid on or before oct. 23, 2010 i am registering after oct. 23 and have enclosed a total payment of $ _____*

Your time away from the day-to-day pressures of your practice will be well spent.

Pennsylvania Convention Center, 12th & arch Streets (12th Street Concourse) 8:30 am to 4:30 pm; both days, check-in & continental breakfast begin at 7:45 am

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Name ________________________________________________________________ Atty. No.________________________

Firm______________________________________________________________________________________________

Address_______________________________________________________________________________________________ City_____________ ________________________State__________Zip____ _________ Fax_______/_____-______________ Phone______/____-_______________ Email_______________________________________________ County _____________

As a member of both the PBA and the ___________________________________________ County Bar Association, I have enclosed my discount coupon in the amount of $______ for my: 1st 2nd 3rd 4th 5th PBI seminar.

A check made payable to PBI for $___________________ is enclosed.

Or charge my: Exp. Date__________

Card #________________________________________ Signature________________________________________________

I would like the CD-ROM version (CR-6037) of the Institute materials I would like the printed version (2010-6037) of the Institute materials

I cannot attend but would like to purchase the CD-ROM (CR-6037): $149 Include $6.00 shipping & $9.30 sales tax for a total of $164.30. I cannot attend but would like to purchase the Institute books (2010-6037): $149 Include $6.00 shipping & $9.30 sales tax for a total of $164.30.

I cannot attend but would like to purchase the Institute books and CD-ROM (CRS-6037): $199 Include $6.00 shipping & $12.30 sales tax for a total of $217.30.If you are ordering course materials separately, please allow two weeks after the Institute for their shipment. A ten-day return privilege applies to all book orders, less a handling & restocking fee of $6.00. The return privilege does not apply to CDs; however, we will be happy to replace defective CDs at no cost to the customer.

early Registration** Tuition for Two days

early Registration** Tuition for one day

(includes continental breakfasts, refreshment breaks and luncheons)

Both days Thurs., dec. 2 Fri., dec. 3

(includes continental breakfast, refreshment breaks and luncheon)

clw/bkt-9/23/2010

Book or Cd-Rom available – You have a choice! One copy of the always popular materials from the 14th Annual Real Estate Institute © 2010 PBI is included for the day(s) of your registration. Please specify when you register whether you wish to have the CD-ROM or printed version. You cannot change your selection on-site, however, you can purchase both the CD-ROM and printed versions for just an additional $50.

$575 member — Pa., or any co. bar assn. $525 member admitted after 1/1/06 $650 nonmember $325 Paralegal (attending with an attorney) $425 Paralegal (attending alone) $275 Judges and judicial law clerks $250 Judges and judicial law clerks (admitted after 1/1/06)maximum Cle credits: 12 **postmarked and paid on or before oct 23, 2010 i am registering after oct. 23 and have enclosed a total payment of $ _______*. *fees increase by $50 after october 23, 2010

$325 member — Pa., or any co. bar assn. $295 member admitted after 1/1/06 $350 nonmember $175 Paralegal (attending with an attorney) $200 Paralegal (attending alone) $150 Judges and judicial law clerks $140 Judges and judicial law clerks (admitted after 1/1/06)maximum Cle credits: 6**postmarked and paid on or before oct. 23, 2010 i am registering after oct. 23 and have enclosed a total payment of $ _______*. *fees increase by $25 after october 23, 2010

PhiladelPhiaThursday - Friday, december 2 - 3, 2010

Real Estate Institute14th AnnuAl

Institute Credits: each day of this institute has been approved by the Pennsylvania Continuing Legal education Board for 6 hours of CLe credit. Workshop choices will determine whether credits are in substantive law, practice and procedure or ethics, professionalism or substance abuse.

CPA Credits: the Pennsylvania Bar institute has been accepted as a program sponsor by the Pennsylvania state Board of accountancy and the state of New Jersey Board of accountancy. this program qualifies for a maximum of 7 hours of continuing education credit each day.

Registration Policy: Preregistration is encouraged; walk-in enrollments will be accepted on a space available basis. Preregistered students will receive priority on the distribution of course materials. those intending to register at the door should telephone PBi at (800) 932-4637 to confirm that there have been no schedule changes and that the registration remains open.

Ticket Policy: time permitting, you will receive a registration ticket that will expedite your check in at the door. a registration confirmation ticket is not required for admittance.

Cancellation Policy: in order to receive a refund for cancellation (less a $25 administrative fee), you must notify PBi by mail or FaX no later than 2 business days prior to the course presentation date for the appropriate site. otherwise, you will receive the course materials in full consideration of tuition paid.

Weather Related Cancellations: Check www.pbi.org or call (800) 932-4637 ext. 2205.

Registration Transfers: requests for transfers will be honored if they are received prior to the date of the course.

Services for Persons with Disabilities: if special arrangements are required, please contact Customer serviceat (800) 932-4637 at least 10 days prior to the presentation date.

Speaker Substitutions: PBi reserves the right to substitute speakers at all programs.

PBI Scholarships: PBi offers substantially reduced tuition for most PBi seminars to allow attorneys experiencing financial hardship to fulfill their mandatory education requirement. For details and an application, contact scholarship administrator at [email protected] or (800) 932-4637 ext. 2284 at least 30 days before the program. (Please note scholarships are not available for online CLe.)

Course Material Return Policy: a ten-day return privilege applies to all book orders, less a handling & restocking fee of $6.00. the return privilege does not apply to dVds, Cds, or tapes; however, we will be happy to replace any defective disks or tapes at no cost to the customer.

Legal Services/Public Interest Lawyers: PBi waives tuition fees for the first 12 hours of CLe taken in each calendar year for attorneys employed full-time by many nonprofit legal services and public interest organizations providing legal services to individuals at no or de minimus fees. these attorneys may enroll for additional CLe courses at 50 percent of the highest member fee.

1 w w w . p b i . o r g • 8 0 0 - 9 3 2 - 4 6 3 7

Catch Up on the Year’s most Significant developments in the Year in ReviewBack by popular demand is our popular Thursday kick-off session that updates you on the most significant real estate law highlights of the year. You’ll learn so much from our panel consisting of Blair Granger, Ed Mullin and Tina Makoulian as they fill you in on the hottest issues and cases of 2010. And, even better, they will share their insights into how the case law and legislative developments change the advice you give to your clients. Moderated by the always lively and engaging Steve Aichele, you’ll not only enjoy the kickoff to the Institute, but pick up critical practice tips.

new insights into how to make the most of the economic TurndownThe slowness of the economy has not been all bad news. New opportunities have arisen. You’ll hear about them in our sessions on retail leases, buying distressed real estate, refinancing of commercial loans, drilling in the Marcellus Shale and many other sessions. The Institute is the perfect way to expand your thinking and look at new ways to accomplish your clients’ objectives. You will invigorate your practice with new ideas and approaches.

Cutting edge issues & Current Trends Our faculty zeros in on the most cutting edge and current issues in real estate practice. From green building to solar energy to conservation easements and so many more topics, you will learn about the most current trends in real estate. The tried-and-true practice tips that our faculty who practice in these areas pass on to you are worth more than the price of the tuition. No amount of research will uncover the insights our faculty will offer.

it’s the Biggest & Best Real estate Conference in Pennsylvania!The real estate world has been rocked in the economic turmoil of the past few years. As real estate lawyers, you know that the rules of the game are in upheaval and changing every day. Now more than ever, you want and need the information that the Real Estate Institute has been counted on to provide. The variety of great sessions and the opportunity to be updated on so many different real estate law topics, make the Real Estate Institute a favorite event for the real estate bar year after year.

This year you’ll be able to choose among 49 great sessions, in addition to two plenary sessions. Our sessions are taught by a faculty comprised of 70-plus top notch real estate lawyers and other real estate professionals. Whether you are a transactional lawyer or a litigator, handle residential or commercial matters, or both, you’ll find cutting edge, relevant topics at the Institute that will enable you to better meet your clients’ real estate goals and solve their most perplexing problems.

more than 400 of your colleagues attend this great event every year! We hope you’ll be among the crowd.

leAsing

solAR eneRgy

constRuction

Page 3: Real Estate 2010 - Schnader Harrison Segal & Lewis · **postmarked and paid on or before oct. 23, 2010 i am registering after oct. 23 and have enclosed a total payment of $ _____*

w w w. p b i . o r g • 8 0 0 - 9 3 2 - 4 6 3 7 3

our Talented FacultyR. Brent alderferCeo & President, Community energy, Radnor

Richard a. angelo, esq.First american Title insurance Co.King Prussia

Barbara anisko, esq.Kaplin Stewart meloff Reiter & Stein, PCBlue Bell

lloyd C. Birnbaum, esq.lauletta Birnbaum, llC, Turnersville, nJ

Scott P. Borsack, esq.White and Williams, llP, Philadelphia

h. Jeffrey Brahin, esq.doylestown

Sean h. Brogan, esq.The graham Company, Philadelphia

Caroline a. edwards, esq.law offices of Caroline achey edwardsnewtown

Robert J. Faheyexecutive Vice President, CB Richard ellis, inc. Philadelphia

amee S. Farrell, esq.Kaplin Stewart meloff Reiter & Stein, PCBlue Bell

andrew J. Flame, esq.drinker Biddle & Reath, llP, Philadelphia

david W. Forti, esq.dechert, llP, Philadelphia

James J. garrity, esq.Wisler Pearlstine, llP, Blue Bell

marc e. gold, esq.manko gold Katcher & Fox, llPBala Cynwyd

James l. goldsmith, esq.Caldwell & Kearns, PC, harrisburg

Bert m. goodman, esq.Wayne

gregory g. gosfield, esq.Klehr harrison harvey Branzburg & ellers, llPPhiladelphia

Brenda hustis gotanda, esq.manko gold Katcher & Fox, llPBala Cynwyd

marshal granor, esq.granor & granor, horsham

Robert W. gundlach, Jr., esq.Fox Rothschild, llP, Warrington

edward J. hayes, esq.Fox Rothschild, llP, Philadelphia

Patricia l. Pregmon, esq.Pregmon law offices, Blue Bell

a. Peter Prinsen, esq.The graham Company, Philadelphia

Jason m. Rapa, esq.Rapa law office, PC, lehighton

Yolanda Rodriguez, esq.o’neill Properties group, King of Prussia

Jason S. Rozes, esq.dechert, llP, Philadelphia

gina Furia Rubel, esq.Furia Rubel Communications, inc., doylestown

Benjamin V. Sanchez, esq.Ballard Spahr, llP, Philadelphia

Russell l. Schetroma, esq.Steptoe & Johnson, PllC, meadville

Joseph m. Sedlack, esq.Reed Smith, llP, Philadelphia

glenn e. Sickenberger, esq.White and Williams, llP, Philadelphia

daniel J. Siegel, esq.daniel J. Siegel law office, llC, havertown

hon. Robert e. SimpsonCommonwealth Court of Pennsylvania, nazareth

david B. Snyder, esq.Fox Rothschild, llP, Philadelphia

Richard Brent Somach, esq.Tallman hudders & SorrentinoPa office of norris mclaughlin & marcus, Paallentown

neil andrew Stein, esq.Kaplin Stewart meloff Reiter & Stein, PC, Blue Bell

Steven l. Sugarman, esq.Steven l. Sugarman & associates, Berwyn

Frank n. Tobolsky, esq.lamm Rubenstone, llC, Trevose

Sherman C. Toppin, esq.Sherman Toppin law Firm, llC, Philadelphia

Thomas J. Tuffey, Ph.d.Citizens for Pennsylvania's Future, Center for energy, enterprise and the environment, West Chester

James S. Tupitza, esq.Tupitza & associates, PC, West Chester

Cheryl a. Upham, esq.Cozen o’Connor, Philadelphia

Sam l. Warshawer, Jr., esq.Venzie Phillips & Warshawer, PC, Philadelphia

harry R. Weiss, esq.Ballard Spahr, llP, Philadelphia

Brett m. Woodburn, esq.Caldwell & Kearns, PC, harrisburg

10 w w w . p b i . o r g • 8 0 0 - 9 3 2 - 4 6 3 7

Wendy inge, esq.director of Risk management Programingminnesota lawyers mutual insurance Co.Richmond, Va

marc d. Jonas, esq.eastburn & gray, PC, Blue Bell

Regina Stango Kelbon, esq.Blank Rome, llP, Philadelphia

Peter F. Kelsen, esq.Blank Rome, llP, Philadelphia

Robert a. Korn, esq.Kaplin Stewart meloff Reiter & Stein, PCBlue Bell

george C. Kotridis, CPaPrincipal, Construction & Real estate grouplarsonallen, llP, Blue Bell

Joseph C. Kuhls, esq.dischell Bartle Yanoff & dooley, lansdale

Susan J. Kupersmith, esq.Sirlin gallogly & lesser, PC, Philadelphia

hon. William h. lamblamb mcerlane, PC, West Chester

Clifford B. levine, esq.Cohen & grigsby, PC, Pittsburgh

William J. maffucci, esq.of Counsel, Semanoff ormsby greenburg & Torchia, llC, huntingdon Valley

Joseph m. manko, esq.manko gold Katcher & Fox, llP, Bala Cynwyd

maureen mastroieni, maimastroieni & associates, inc., Plymouth meeting

Jeffrey B. mcCarron, esq.Swartz Campbell, llC, Philadelphia

michael T. mcKeever, esq.goldbeck mcCafferty & mcKeever, PCPhiladelphia

lauren P. mcKenna, esq.Fox Rothschild, llP, Philadelphia

J. edmund mullin, esq.hamburg Rubin mullin maxwell & lupin, PClansdale

margaret o. murphy, esq.assistant directordeP Bureau of Regulatory Counsel, harrisburg

Richard J. Perr, esq.Fineman Krekstein & harris, PC, Philadelphia

Christen g. Pionzio, esq.hamburg Rubin mullin maxwell & lupin, PClansdale

Stephen g. Pollock, esq.montgomery mcCracken Walker & Rhoads, llPPhiladelphia

Be sure to stop by the PBI book table. Many of our most popular books will be available at a discount, and if we do not have what you want, we will ship it to you free.

Friday’s Keynote address — Real estate Capital Trends: making Plans now for the FutureJust what is happening in the capital markets today which is impacting your real estate practice both now and into the future? How can your clients position themselves to be ready to take advantage of the opportunities that lie ahead, or, to prepare for further tightening of the markets? You won’t want to miss hearing about the trends in the real estate capital markets from Robert Fahey. He’ll fill you in on the real estate markets from the perspective of lenders, borrowers and sellers.

Robert Fahey is an Executive Vice President with the Capital Markets|Institutional Group of CB Richard Ellis in Philadelphia. He has over 25 years of experience in commercial real estate specializing in the sale of investment properties for institutional clients and real estate developers, as well as advisory services for corporate clients. He has successfully marketed over $10 billion of CBD office towers, suburban office, warehouse, retail, multi-housing and hotel assets.

Commonwealth land Title insurance Company

SilVeR SPonSoR

The institute will make you better at what you do.

What a networking opportunity!Whether it’s at our continental breakfasts,

lunches, refreshment breaks or in the educational sessions, you’ll have the opportunity to renew old friendships and meet new colleagues who struggle with many of the same issues you do

day after day.

it’s Your Choice! The great institute materials are available in a Book

or on a Fully Searchable Cd-Rom! Be sure to note when you enroll whether you want the popular Real Estate Institute course

materials in a book or on CD-ROM. The CD-ROM is fully searchable and compact for easy carrying and storage. The originally-

authored materials are ones that you’ll refer to over and over again. You choose!

Your experience Will Be Uniquely Your own – Choose from over 45 different Topics!Year after year, the Real Estate Institute is praised for the wide variety of important and timely topics offered. Because you decide which sessions will be most helpful to your particular practice, your experience is unique and personal.

BUild YoUR liBRaRY

Pennsylvania Real Estate Closing Opinions Handbook

Contents include: Model Opinion with Author Commentary, Mortgage Checklist for Opinion Givers, Excerpts from section 51 of chapter 4 of the Restatement, Rule 2.3 of the Pennsylvania Rules of Professional Conduct, Real Estate Opinion Letter

Guidelines published by the ABA, and more! Fully searchable CD-ROM included.

Book/CD-ROM Set #4906, July ‘08—124 pgs

Pennsylvania Condominiums: Model Forms and Commentary

Provides you with the information you need to prepare condominium documents. Model forms and bylaws, model public offering statement, and model declaration and public offering schedules and checklists are

included. Fully searchable CD-ROM included.

Book/CD-ROM Set #4867 July ‘07—192 pgs.

Promises to be an eye-opener!

Page 4: Real Estate 2010 - Schnader Harrison Segal & Lewis · **postmarked and paid on or before oct. 23, 2010 i am registering after oct. 23 and have enclosed a total payment of $ _____*

Thursday • december 2

4 w w w . p b i . o r g • 8 0 0 - 9 3 2 - 4 6 3 7 w w w. p b i . o r g • 8 0 0 - 9 3 2 - 4 6 3 7 9

7:45 — 8:20 Check-in & Continental Breakfast

8:20 — 8:30 Welcome & Introductory Remarks

8:30 —

9:30 The Year in Review

Mr. Aichele (Moderator), Mr. Granger, Ms. Makoulian & Mr. Mullin

9:30 — 9:45 Break

9:45

– 10

:45

1 2 3 4 5Tips for Resolving Landlord/Tenant Problems

Ms. Kupersmith

Recent Developments in Mechanics’ Lien Law

Mr. Korn

Tax Aspects of Loan Restructurings & Workouts

Mr. Borsack

Prosecuting, Defending & Negotiating a Settlement in the Failure to Disclose Case

Mr. Goldsmith

Trends in Pennsylvania Land Use

Mr. Gundlach, Justice Lamb & Judge Simpson

10:45 — 11:00 Break

11:0

0 —

12:0

0

6 7 8 9 repeated in #14 10

Basic Pennsylvania Oil & Gas Lease Concepts for Real Estate Practitioners

Mr. Schetroma

Facebook, Twitter, Blogs & More: Social Media & Your Ethical Obligations

Ms. Rubel

Moving on Distressed Real Estate

Mr. Gosfield , Mr. Kotridis

& Ms. Rodriguez

Green Building & Sustainability: Managing the New Risks

Ms. Gotanda & Mr. Manko

Subdivision & Land Development — A Practical View from the Trenches

Mr. Garrity, Mr. Jonas & Mr. Mullin

12:00 — 1:00 Lunch (included in your tuition)

1:00

— 2

:00

11 12 13 14 repeat of #9 15Presenting to a Zoning Hearing Board: Surveys Are Tools, Know the Rules, Don’t Look Like a Fool

Mr. Kuhls & Ms. Pionzio

Are You Covered? Insurance Coverage Gaps in Real Estate Transactions

Mr. Brogan & Mr. Prinsen

Retail Tenant Bankruptcies — How Bankruptcy Can Change the Landlord-Tenant Relationship Forever

Mr. Flame & Ms. Kelbon

Green Building & Sustainability: Managing the New Risks

Ms. Gotanda & Mr. Manko

Drilling in the Marcellus Shale: Leasing, Land Use & Environmental Issues

Mr. Gold, Mr. Levin & Mr. Weiss

2:00 — 2:15 Break

2:15

— 3

:15

16 17 18 19 20Titling Real Estate: Common Myths & Mistakes

Mr. Tupitza

Commercial Solar Energy in Pennsylvania

Mr. Alderfer & Mr. Tuffey

Fair Debt Collection Practices Act and Mortgage Foreclosure

Mr. Perr & Mr. Rapa

Litigating the Failed Real Estate Deal

Mr. Granger & Mr. Hayes

New Laws & Regulations Affecting Real Estate (Stormwater & Permit Ext. Act)

Ms. Murphy & Mr. Sanchez

3:15 — 3:30 Break

3:3

0 —

4:30

21 22 23 24 25

Basics of LEED Green Building Certification: What, Why & How

Ms. Edwards

Changes to the PAR Form, Duties of Licensees, and Defending Brokers & Licensees — An Update

Mr. Goldsmith

Tax Sales, Sheriff Sales & Lien Priorities

Mr. Somach & Mr. Tupitza

Preventing Malpractice Claims & Ethics Complaints in Your Real Estate Practice

Ms. Inge & Mr. McCarron

“Just Compensation” in Eminent Domain Cases

Ms. Mastroieni & Mr. Snyder

KE

Y

Just the Basics Track

Real Estate Practice in the Economic Downturn Track

Land Use Track

ethICS

ethICS

andrea geraghty, esq.ms. geraghty is the founding member of geraghty + associates, a law firm focused on real estate and business services representing clients throughout southwestern Pennsylvania. She concentrates her practice in all facets of real property law, both transactional and litigation. She is a member of the american College of Real estate lawyers, has been identified in Best lawyers in america, was similarly honored by Pittsburgh magazine.

Richard m. heller, esq., CCim, CeSSmr. heller is a practicing attorney in media with an extensive practice in real estate and is also president of R.e.i. Consultants, ltd., a 1031 qualified intermediary company. a national lecturer, he is a fellow of the american College of Real estate lawyers and holds the prestigious CCim designation of the Commercial investment Real estate Council of the national association of Realtors. he is also a Certified exchange Specialist, a certification of the Federation of exchange accommodators.

marilyn Z. Kutler, esq.ms. Kutler is a partner in the Philadelphia office of Schnader harrison Segal & lewis, llP. Selected as a Pennsylvania Super Lawyer, her practice centers on real estate and related government contracts, with an emphasis on complex public, private and institutional projects, particularly including transactions involving a mix of governmental units and for-profit and non-profit entities. her practice also includes the drafting and analysis of legislation, and she has worked extensively with federal, state, and local government grant and loan programs.

institute Planning TeamStephen S. aichele, esq.mr. aichele is chair of Saul ewing and of the firm’s Project and Resource development department. he has represented major developers, lenders, and governmental entities in land use, zoning, development, financing, construction, and leasing. mr. aichele is a member of the american College of Real estate lawyers, and has been recognized by Chambers USA as one of “america’s leading lawyers in Real estate,” by Philadelphia magazine as one of “Philadelphia’s Best lawyers” in

the area of real estate law and as a Philadelphia Super Lawyer, and is included in The Best Lawyers in America.

Blair h. granger, esq. The granger Firm in Paoli handles numerous construction defects and failure to disclose cases. The firm’s clients include real estate and commercial brokerages, developers and builders, landlords and tenants, homeowners, business owners and businesses and individuals engaged in sophisticated transactions or litigation. mr. granger handles claims on behalf of several major title insurers and has litigated numerous complex title claims.

Tina R. makoulian, esq.ms. makoulian is a partner in the Real estate department and co-partner-in-charge of the Zoning and land Use group at Ballard Spahr in Philadelphia. She concentrates her practice in the areas of complex real estate development, acquisition and disposition of commercial properties, commercial leasing, and zoning and land use. She is a fellow of the american College of Real estate lawyers, a Pennsylvania Super Lawyer, and named to Chambers USa: america’s leading lawyers for Business and Best lawyers in america in real estate law.

“See and meet the best & brightest real estate attorneys — RE attorneys can’t afford not to attend”

Past registraNt

Page 5: Real Estate 2010 - Schnader Harrison Segal & Lewis · **postmarked and paid on or before oct. 23, 2010 i am registering after oct. 23 and have enclosed a total payment of $ _____*

8 w w w . p b i . o r g • 8 0 0 - 9 3 2 - 4 6 3 7

Friday • december 3

7:45 — 8:30 Check-in & Continental Breakfast

8:30 —

9:30 Keynote Address

Real Estate Capital Trends: Making Plans Now for the Future Mr. Fahey

9:30 — 9:45 Break

9:45

– 10

:45

26 27 28 29 (repeated in #34) 30Nuts & Bolts of Title Insurance

Mr. Angelo

Asbestos and Radon and Mold — Oh My! Disclosing & Dealing with Environmental Issues in Real Estate

Mr. Granor

Refinancing Commercial Loans in 2011: Problems, Pitfalls & Opportunities

Mr. Forti & Mr. Rozes

Tax Planning Tips for Real Estate Lawyers

Mr. Sedlack

Zoning in Philadelphia: Big Change Is on the Way

Mr. Kelsen & Mr. Pollock

10:45 — 11:00 Break

11:0

0 —

12:0

0

31 32 33 (repeated in #48) 34 (repeat of #29) 35

ABCs of Residential Mortgage Foreclosures & Short Sales

Mr. McKeever

Debunking Strunk: Plain Language for Real Estate Lawyers

Mr. Maffucci

Retail Leases — Dealing with Practical Problems & Pitfalls

Mr. Sickenberger & Mr. Tobolsky

Tax Planning Tips for Real Estate Lawyers

Mr. Sedlack

Actions to Quiet Title: The Whens, Whys & Hows

Ms. McKenna

12:00 — 1:00 Lunch (included in your tuition)

1:00

— 2

:00

36 37 38 39 40RESPA — One Year Later

Mr. Woodburn

So You Thought You Had a Warranty?

Mr. Warshawer

Receivership . . . The Remedy for Distressed Assets in Foreclosure

Mr. Toppin

Installment Land Contracts, Seller Financing & Other Unusual Financing Devices

Mr. Birnbaum

The New Battlefield: Property Rights Litigation

Mr. Stein

2:00 — 2:15 Break

2:15

— 3

:15

41 42 43 44 45How to Do 90 Minutes of Legal Work in 60

Mr. Siegel

Commercial Evictions

Mr. Brahin

Chaos in the Condominium: Dealing with Failed Developments in a Down Economy

Mr. Sugarman

Holding Real Estate in Pennsylvania — Structuring for Tax

Ms. Upham

Obstacles to Successful Redevelopment

Ms. Anisko & Ms. Farrell

3:15 — 3:30 Break

3:3

0 —

4:30

46 47 48 (repeat of #33) 49

Filing and Handling Tax Assessment Appeals

Mr. Goodman

The Mobile Lawyer — Security Issues

Mr. Siegel

Retail Leases — Dealing with Practical Problems & Pitfalls

Mr. Sickenberger & Mr. Tobolsky

Conservation Easements: Planning for the Future

Ms. Pregmon

KE

Y

Just the Basics Track

Real Estate Practice in the Economic Downturn Track

Land Use Track

ethICS

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The Pennsylvania Convention Center

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39. installment land Contracts, Seller Financing & other Unusual Financing devices

Mr. Birnbaum Learn about various methods and creative solutions for

buyers and sellers to obtain financing in this sluggish economy.

40. The new Battlefield: Property Rights litigation Mr. Stein Property owners are continually being faced with attacks

on private property rights, in the form of increasing governmental regulation and policy, citizen-involvement aimed at delaying or prohibiting development and the taking of property rights through condemnation or inverse condemnation. you will examine the forums in which these battles will be fought, the players, and the techniques for achieving victory through the pre-litigation and litigation stages of battle.

2:15 – 3:15 p.m.

41. how to do 90 minutes of legal Work in 60 Mr. Siegel Lawyers and their staff are generally not trained in how

to use their computers effectively. Learn practical tips that demonstrate how attorneys and their staff can take better advantage of the technology already in use in their offices. demonstrations of software and lots of practical suggestions will be included.

42. Commercial evictions Mr. Brahin Hear a comprehensive review of commercial evictions,

including self-help, municipal and district court actions, ejectment proceedings and confessions of judgment. you’ll also get a thorough review of statutes and case law, practical tips and pointers and lots of forms.

43. Chaos in the Condominium: dealing with Failed developments in a down economy

Mr. Sugarman in this down economy, condominium development

projects are confronting huge obstacles, including abandonment by developers, project and unit foreclosures, rising unit delinquencies and related financial turmoil. these factors, in turn, have created unique and difficult issues for the projects’ lenders, builders, successor-developers, municipalities, and of course, the condominium associations and their members. through an interactive discussion concerning receiverships, transfers of special declarant rights, bankruptcies and other strategies, you will learn practical tips and creative solutions to contend effectively with the current economic chaos in the condominium arena.

44. holding Real estate in Pennsylvania — Structuring for Tax

Ms. Upham What are the Pennsylvania tax issues that should be

considered in choosing the type of legal entity to be used for real estate ownership and transactions in Pennsylvania? you will examine the basic as well as more complex points in this practical and informative workshop. significant attention will be devoted to Pennsylvania capital stock-franchise tax and both Pennsylvania and Philadelphia realty transfer tax.

45. obstacles to Successful Redevelopment Ms. Anisko & Ms. Farrell a developer acquires a commercial property with

the intent to modernize the property for commercial use and suddenly encounters a slew of unexpected obstacles which may have impacted his or her decision to buy the property and the price he or she was willing to pay. examine these often overlooked obstacles to successful and cost effective redevelopment which may include: sewer, price, building code, building green and zoning.

3:30 – 4:30 p.m.

46. Filing and handling Tax assessment appeals Mr. Goodman Learn the procedures for perfecting appeals to the

local boards of assessment appeals. discussion will include time of filing and the various local rules of filing and contents of appeal forms. you will also cover the decision to file, when appraisals reports are necessary, a review of the procedures before boards of assessment and how to effectively present evidence before the boards.

47. The mobile lawyer – Security issues Mr. Siegel as lawyers spend more and more time out of the

office, they must rely on technology to keep them connected with their clients and their offices. Learn how to stay connected safely, ranging from using secure connections, dangers of mobile phone interception, etc. and ways lawyers can be most productive, including software and hardware.

48. Retail leases – dealing with Practical Problems & Pitfalls (repeat of #33)

Mr. Sickenberger & Mr. Tobolsky

49. Conservation easements: Planning for the Future Ms. Pregmon Conservation easements can be used as a tool for

creative land planning, tax planning and estate planning. you will begin with an introduction to the Pennsylvania conservation easement but with a focus on how it can be used as a flexible land planning tool. identifying areas for development or conservation can also assist families with estate planning. the session will conclude with a discussion of federal income tax and estate tax benefits and ways to reduce state inheritance tax.

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T h U R S d a Y ’ S S C h e d U l e & S e S S i o n d e S C R i P T i o n S

8:30 – 9:30 a.m.

The Year in Review Mr. Aichele, Mr. Granger, Ms. Makoulian & Mr. Mullin What are the most significant cases and legislative

statutes in real estate law over the past year? get a quick summary of the important developments you need to know about in our lively annual case law and legislative update. always a crowd pleaser!

9:45 – 10:45 a.m.

1. Tips for Resolving landlord/Tenant Problems Ms. Kupersmith Various federal, state and local laws and ordinances

define the landlord tenant relationship. What remedies are available if a landlord or tenant fails to carry out a duty? Who regulates landlords’ and tenants’ rights and duties? get an overview of residential landlord and tenant claims that often go before the judges, and obtain useful tips to navigate the legal system as it relates to landlord and tenant cases.

2. Recent developments in mechanics’ lien law Mr. Korn explore and examine the impact of recent modifications

to Pennsylvania’s mechanics’ lien law on already existing legislation, new cases since the enactment, and practical guidelines for dealing with your everyday issues.

3. Tax aspects of loan Restructuring & Workouts Mr. Borsack Learn about potential tax traps to lenders and borrowers

from modification of debt instruments, forgiveness of debt and exchange of debt for equity all of which potentially occur in the context of a loan restructuring or workout. often times counsel representing lenders and borrowers in these transactions mistakenly assume that modifications are tax free. the unfortunate discovery can come when it is too late leaving counsel to deal with a very unhappy client.

4. Prosecuting, defending & negotiating a Settlement in the Failure to disclose Case

Mr. Goldsmith in the residential real estate arena, most post-settlement

litigation arises from the buyer’s discovery of latent defects and conditions. Learn the tools necessary to prosecute and defend these claims, the ancillary laws that affect litigation, discovery practice and the use of alternative dispute resolution systems.

5. Trends in Pennsylvania land Use Mr. Gundlach, Justice Lamb & Judge Simpson our distinguished panel of experts will analyze recent

decisions in land use and predict trends in this area of the law. a perfect session for considering what the current state of the law is and what lies ahead.

11:00 a.m. – 12:00 p.m.

6. Basic Pennsylvania oil & gas lease Concepts for Real estate Practitioners

Mr. Schetroma development of Pennsylvania’s Marcellus shale is

happening so quickly, and you need to be on top of the issues, players and the law! a leading Pennsylvania energy attorney, Mr. schetroma will give you the description, explanation and illustration of a list of selected essential oil and gas concepts that real estate practitioners need to know when drafting leases.

7. Facebook, Twitter, Blogs & more: Social media & Your ethical obligations

Ms. Rubel explore how one of the fastest growing phenomenon in

our society, social media sites, impact you and your legal practice. you’ll explore how to benefit from these tools – and steer clear of its dangerous ethical minefields.

8. moving on distressed Real estate Mr.Gosfield,Mr.Kotridis&Ms.Rodriguez What are the considerations that underlie the purchase

and sale of distressed real estate through the use of asset purchases, equity purchases and loan purchases? Learn about the process for diligencing assets for disposition, comparing and contrasting the pros and cons of different purchase techniques, and framing the larger issues that are typically negotiated in the purchase and sales agreements.

9. green Building & Sustainability: managing the new Risks (repeated in #14)

Ms. Gotanda & Mr. Manko everyone is going green and sustainability is the new buzz

word – but what are the legal issues and how can you help your clients to manage the new risks? Learn about the latest developments in green building and sustainability and how the changing landscape is creating new legal risks. We’ll help you to identify these new legal risks and provide strategies for avoiding claims and minimizing potential liability. topics will include new developments in green building and the Leed rating systems, issues in sustainability reporting, and the evolving nature of claims in a “green” environment.

10. Subdivision & land development — a Practical View from the Trenches

Mr. Garrity, Mr. Jonas, Mr. Mullin this session will cover: what is or isn’t land development;

when to ask for a waiver, and the implications; strategies to secure a waiver; dealing with municipal consultants’ review letters; the roles and importance of municipal and county planning commissions; confronting bogus issues; how to create a useful record; retaliatory rezoning; vesting; amended plan vs. new plan; mandatory sketch plans; the 90-day clock; accepting conditions; unreasonable conditions; improvements, public improvements — is there a difference?; types of financial security; reasonable, unreasonable, illegal provisions in municipal development/financial security agreements; and maintenance agreements.

1:00 – 2:00 p.m.

11. Presenting to a Zoning hearing Board: Surveys are Tools, Know the Rules, don’t look like a Fool

Mr.Kuhls&Ms.Pionzio Pick up practical suggestions for presenting to a zoning

hearing board, including tips for handling an application, preparing exhibits and witnesses, dealing with surveys and plans, how to avoid costly procedural errors, the best means for dealing with potential opponents and adversaries, and keeping calm and looking good throughout the process.

12. are You Covered? insurance Coverage gaps in Real estate Transactions

Mr. Brogan & Mr. Prinsen insurance companies are significantly reducing the coverage

available to insureds. as examples, the broad coverage previously available for contractual indemnification claims or additional insured coverage is being reined in. What does this mean for real estate transactions and what can you do to make sure you have the coverage you need?

13. Retail Tenant Bankruptcies – how Bankruptcy Can Change the landlord-Tenant Relationship Forever

Mr. Flame & Ms. Kelbon two years after the beginning of our current economic

depression, retail sales figures and consumer confidence continue to disappoint everyone from local store owners to national retailers. intended for the non-bankruptcy practitioner, this session offers a discussion with experienced bankruptcy practitioners of the options available to retail tenants and landlords in bankruptcy, including the real life implications of the Bankruptcy Code and today's economic conditions on the relative bargaining positions of both the bankrupt tenant and its landlord.

14. green Building & Sustainability: managing the new Risks (repeat of #9)

Ms. Gotanda & Mr. Manko

15. drilling in the marcellus Shale: leasing, land Use & environmental issues

Mr. Gold, Mr. Levine & Mr. Weiss Hear a general overview of the current and emerging

land use, real estate and environmental issues associated with the development and transmission of natural gas from the Marcellus shale in Pennsylvania. after a brief overview of the environmental requirements, the panel will address important issues relating to the ownership and leasing of the mineral estate, a landowner’s ability to control activities related to gas extraction on the surface estate, land use regulation, and real estate taxation.

2:15 – 3:15 p.m.

16. Titling Real estate: Common myths & mistakes Mr.Tupitza Whether your clients want sole proprietorship, joint

tenancy with right of survivorship, tenancy in common, or other means of holding their property, you need to be able to advise them when problems or complicated issues arise.

17. Commercial Solar energy in Pennsylvania Mr. Alderfer & Mr. Tuffey With the advance of the Pa alternative energy Portfolio

standard compliance requirements, the Commonwealth solar markets are emerging. topics will include: an overview of the national solar market dynamics and business models and specifics such as portfolio standard requirements for utilities to buy solar energy, Power Purchase agreements, site approvals and zoning issues, drafting leases, and financing your project.

18. Fair debt Collection Practices act and mortgage Foreclosure

Mr. Perr & Mr. Rapa Nationwide the number of mortgage foreclosures

has skyrocketed. in handling residential mortgage foreclosures attorneys become subject to regulation of the Fair debt Collection Practices act (FdCPa). this workshop will provide a basic overview of the FdCPa and its application to attorneys handling residential mortgage foreclosures. you will learn how the FdCPa applies to your mortgage foreclosure practice, how to stay in compliance with the FdCPa and the effects of noncompliance.

19. litigating the Failed Real estate deal Mr. Granger & Mr. Hayes you will discuss the practical considerations when

representing buyers, sellers and agents in both commercial and residential real estate, along with the legal theories that are likely to come into play when a deal fails. topics range from whether the cost to get the deposit back is more than the deposit, when filing a lis pendens is proper (and when it is not), the effect of litigation when remarketing the property and reps, warranties and disclosure obligations (and the litigation they cause). additional topics include theories of suit; default clauses; specific performance; damages; unfair trade awards; disclosure obligations in the commercial deal; and traps for the unwary litigator.

20. new laws & Regulations affecting Real estate Ms.Murphy&Mr.Sanchez Learn about Pennsylvania’s new stormwater regulations,

new stormwater fee structure for Philadelphia, and newly enacted Permit extension act to salvage countless development or construction projects which have stalled due to economic conditions.

3:30 – 4:30 p.m.

21. Basics of leed green Building Certification: What, Why & how

Ms. Edwards “green building” is frequently in the news today.

everyone talks about Leed certified buildings, but do you really know what Leed is, or what is involved in applying for Leed certification? Learn about the reasons “building green” might benefit your client, the difference between green buildings and Leed certified buildings, what factors earn credits toward Leed certification, and the application process for Leed certification.

8:30 – 9:30 a.m.

Keynote address — Real estate Capital Trends: making Plans now for the Future

Mr. Fahey

9:45 – 10:45 a.m.

26. nuts & Bolts of Title insurance Mr. Angelo in this lively and interactive session, Mr. angelo, a title

insurance veteran with more than 30 years of experience, will explain the fundamentals of title insurance.

27. asbestos and Radon and mold – oh my! disclosing & dealing with environmental issues in Real estate

Mr. Granor if you represent buyers and sellers, you know there are

many environmental areas of concern in real estate contracts. you will look at Chinese drywall, radon gas, asbestos, lead paint, electromagnetic fields, mold, hazardous waste and Pa act 2, underground storage tanks, wetlands, floodplains, the concerns with each for buyers and sellers, and review some contract clauses disclosing or dealing with them.

28. Refinancing Commercial loans in 2011: Problems, Pitfalls & opportunities

Mr.Forti&Mr.Rozes although the economic recovery continues to struggle

with high unemployment, regulatory overhaul and investor uncertainty, in 2010, the commercial real estate market saw the start of true momentum in terms of refinancing activity. Lenders returned to the market, many new loans were closed and CMBs was issued. this one-hour session will examine what factors have led financial institutions to put new dollars into the marketplace, and what can be expected in 2011. We will discuss what these new loans look like, including economic terms, collateral type and structural features like cash management and “bad boy” guarantees. We will also present and analyze data addressing the volume of new loan originations and 2011 loan maturities, and identify the players who have re-entered this space.

29. Tax Planning Tips for Real estate lawyers (repeated in #34)

Mr. Sedlack an experienced and well-known tax attorney,

Mr. sedlack will share his most current tax planning tips for real estate professionals. Fast paced and up-to-the-minute, his session will fill you in on all the latest tax-saving measures and accounting do’s and don’ts for your real estate clients. From the latest irs regulations to wise legal investment strategies, you will come away with a bounty of practical tax information.

30. Zoning in Philadelphia: Big Change is on the Way Mr. Kelsen & Mr. Pollock Philadelphia is on the verge of adopting a game-

changing, entirely new zoning code. you will explore the new world of zoning in Philadelphia.

11:00 a.m. – 12:00 noon

31. aBCs of Residential mortgage Foreclosures & Short Sales

Mr. McKeever residential first mortgages that are delinquent

nationwide number in the millions, and they continue to climb. While many defaulted properties will escape foreclosure by means of a short sale, the rest will move on to foreclosure proceedings. Learn the fundamentals of these proceedings in this session.

32. debunking Strunk: Plain language for Real estate lawyers

Mr. Maffucci there are many resources to help lawyers write more

clearly. But advocates of “plain language” for lawyers have focused on rules of general applicability and largely overlooked the real estate lawyer’s unique drafting challenges. this session will resurvey the real estate drafter’s terrain and illustrate how the best modern “plain language” principals can realistically be applied to ensure that real estate documents can be understood by the people they affect.

33. Retail leases – dealing with Practical Problems & Pitfalls (repeated in #48)

Mr. Sickenberger & Mr. Tobolsky once the deal is struck and the landlord submits a draft

lease document, the tenant’s attorney must identify and deal with a host of practical and operational issues to protect the tenant from unpleasant surprises during the lease term. Using a mock negotiation, the presenters, two highly experienced leasing attorneys, will highlight a number of these issues and show you how to work through them.

22. Changes to the PaR Form, duties of licensees, and defending Brokers & licensees — an Update

Mr. Goldsmith Be updated on the most recent changes to the Par

standard agreement of sale. We will also discuss the statutory, regulatory and contractual obligations of real estate licensees who represent buyers and sellers in commercial and residential real estate transactions. and you’ll be updated on deposing, defending and prosecuting real estate licensees under Pennsylvania law.

23. Tax Sales, Sheriff Sales & lien Priorities Mr.Somach&Mr.Tupitza the bottoming out of the real estate market has

led to record numbers of mortgage foreclosures, sheriff sales, tax lien claims and a host of lien priority questions. With more and more properties at risk for tax sale and sheriff sale, how do you determine what liens will get paid and which ones will not? Find out in this discussion of the finer points of divesting liens and understanding lien priority issues.

24. Preventing malpractice Claims & ethics Complaints in Your Real estate Practice

Ms. Inge & Mr. McCarron real estate practice represents one of the highest areas

of claims exposure. What are the risks, dangers and challenges facing lawyers who practice in this area? Looking at hypotheticals from real claims, we will explore some of these problems. Join us for this interactive discussion to learn what you can do to identify and avoid these pitfalls.

25. “Just Compensation” in eminent domain Cases Ms. Mastroieni & Mr. Snyder Current interpretations and applications of the just

compensation clause raise significant legal issues. you will discuss recent cases where the government or condemnor has exercised its power of eminent domain and determined fair market values. you’ll examine the issues when two similarly-qualified appraisers differ drastically as to the “just compensation” for the same piece of property.

T h U R S d a Y ’ S S C h e d U l e & S e S S i o n d e S C R i P T i o n S ( C o n T ’ d )

34. Tax Planning Tips for Real estate lawyers (repeat of #29)

Mr. Sedlack

35. actions to Quiet Title: The Whens, Whys & hows Ms. McKenna Learn the proper parameters for bringing a quiet title action,

including the technical and practical sides of commencing the action and some of the more complicated scenarios that can develop. Current case law will be reviewed (including what is appealable, when actions in ejectment under the rule are appropriate and when a defendant should bring its own action).

1:00 – 2:00 p.m.

36. ReSPa – one Year later Mr. Woodburn HUd introduced remarkable and provocative changes

to the real estate settlement Procedures act that were implemented almost one year ago. What are those changes, and how has the residential real estate settlement industry adapted?

37. So You Thought You had a Warranty? Mr. Warshawer all well-drafted construction contracts contain warranties

against defective workmanship and materials. But lurking beneath the standard construction contract warranties are numerous “product specific” warranties — like those pertinent to roofing materials — which contain limitations and exceptions that may trap the unwary owner. explore the details of construction contract warranties at both the “contract” and the “product” levels.

38. Receivership…The Remedy for distressed assets in Foreclosure

Mr. Toppin When a property is in distress and pending foreclosure

the court may appoint a receiver who is generally given exclusive control and management of the asset. this can be a useful remedy to preserve the value of the distressed asset and the well-being of any occupants residing there. a receiver must juggle the interests of numerous parties including the court, the municipality, mortgagors, mortgagees, occupants, creditors and any employees of the property. Learn more about the developing body of law surrounding receivership and find out why so many lenders are petitioning courts to appoint receivers in mortgage foreclosure situations.

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Just the Basics Track

Real Estate Practice in the Economic Downturn Track

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