Tuesday, May 8, 2018

Welcome to the ACREL News & Notes!  It is published throughout the year and features upcoming meetings, ACRELive presentations, Fellows, and local ACREL events, as well as articles on substantive areas, noteworthy cases and hot topics. We welcome your suggestions! Send ideas to Peggy Rolando, mrolando@shutts.com  

--ACREL Communications Committee


If you prefer a printable version of the News & Notes click here.


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With this issue of News & Notes, the total membership of the College now exceeds 1,000 members with the addition of 43 new Fellows who have accepted the invitation to join the College following their election by the Board of Governors at the Mid-Year Meeting in Orlando.  Our newest Fellows represent 25 states and include 12 women.   The average age of the group is 54, with 13 new Fellows 50 years of age or younger including three who are under 40!  The full listing of new Fellows is now posted on the ACREL website.  Please join me in welcoming each of the new Fellows to the College.


To read the rest of Jay's message, click here.



ACREL is thrilled to welcome the ACREL Class of 2018!  This year we welcome 43 new Fellows to the College. Click here to view the full list.




Frank S. Alexander


Congratulations to Frank Alexander on his upcoming retirement from a 37-year career as a professor at Emory Law in Atlanta, GA.  Click here to view the full announcement.



Todd J. Anlauf


Todd Anlauf was inducted into the Minnesota chapter of Lambda Alpha International, in recognition of his professionalism, leadership, integrity and commitment to excellence. Click here for the full article.


Douglas M. Bregman


Doug Bregman was recognized with an article in Washingtonian Magazine for his work representing victims of the May 2017 Turkish Presidential Security Attack.  Read more here.

Michael H. Rubin


Mike Rubin’s novel, Cashed Out, received the Reader Views Jack Eadon award as “Best Book in Contemporary Drama.” The Providence Journal says: “Cashed Out features “a lawyer down and out enough to make John Grisham proud. He’s culled from the likes of Michael Connelly by way of James Lee Burke. A gem of a tale.”

Misty M. Sanford


The Los Angeles Business Journal named Misty Sanford one of the Most Influential Women Attorneys, for her leadership within her firm and the community.  Click here to read the full article.



On April 18, 2018, Gordon Tanner, Shannon Skinner, Seth Katz, Gary Fluhrer and Joe McCarthy enjoyed drinks and talked about member development at the Polar Bear Bar in the Arctic Club Hotel (remember the Gold Rush!) in Seattle.


2018 Annual Meeting: ACREL Cares Project

A message from Adam Weissburg, Chair of ACREL Cares! Public Service Committee


For those of you who missed Orlando, on behalf of a bunch of do-gooders, I’d like to highlight a pivot point in ACREL Cares.  As many of you know, ACREL Cares is the outreach program for ACREL—in essence, a continuation of the give back that all of us believe is critical.  Through the years we have done many worthwhile projects, including local food banks, land reclamation projects and builds to help underprivileged and the homeless.  As I noted in Orlando—the meetings show the best of what we want to be and ACREL Cares is the best of who we are.  And as ACREL expands its focus on ways that we can help those in need with our minds, with projects like our Homelessness Task Force, the College has asked ACREL Cares to dig deep and become even bigger so that we can continue to help with our hands and our hearts.  And we (Steve Wilner, Misty Sanford and I, on behalf of all of those who Care) are answering:


Our first step will be at the College’s 40th Anniversary meeting in New Orleans.  We are planning a TWO DAY event--a build with Rebuilding Together (www.rebuildingtogether.org), a national charitable group serving those in need of a little assistance in maintaining their houses.  Whether it’s someone caught because of a bad economy, a senior with insufficient funds or a Vet, Rebuilding Together is in many cities through the US lending a hand.  And now we are adding our hands to theirs. 


We hope you will join us in what we are sure will be one of many worthwhile Cares’ events.  And, as you’re thinking about that, we have one more thing for you to think about.  Think about how little money it would take to continue to fund our ACREL Cares operations if every member donated.  There are more than 1000 Fellows in the College.  And as little as $20 a person would go a long way to helping us continue to plan dynamic events that help us show the world that lawyers Care.  And we can promise you—100% goes to the events!  Click here to donate!


We look forward to NOLA and lots of new participants in Cares.  Don’t forget your work gloves!




ACREL/RPTE Reception at ABA Spring Symposium


Friday, May 11, 2018

5:30 p.m. Eastern


The annual ABA RPTE Spring Symposia will take place in Orlando on May 10-11.   ACREL Secretary Nancy Little will host a cocktail reception in the Lobby Bar of the Four Seasons for all ACREL Fellows attending the RPTE meeting, together with any Florida Fellows who are in Orlando that day.  If you have not received the invitation and are interested in attending, please reach out to Nancy (nlittle@mcguirewoods.com).


ACRELive! Subordination, Nondisturbance and Attornment Agreements:

The Lender vs. The Tenant


Tuesday, May 15, 2018

1:00 to 2:00 p.m. Eastern


One of the most significant and least appreciated issues in commercial leasing and real estate finance is the negotiation of the terms of subordination, non-disturbance, and attornment agreements (SNDAs) with existing tenants, and especially national tenants.  SNDAs are critical to set out the rights and obligations of the landlord, tenant, and lender.  Some of the more difficult issues arise in connection with use of insurance and condemnation proceeds, obligations of lender if it takes control of the property, and lease offset rights.  Our program will discuss the purposes and objectives of SNDAs for all key stakeholders—landlords, tenants, and lenders, including best practices for drafting and negotiating SNDAs.

Please join us for this timely and interesting discussion.   Click here for more information.


ABA and ACREL present: Special Leasing Issues in Today's Economy


Part 1:  The Top Ten Things Real Estate Transactional Lawyers

Should Know About Tenant Bankruptcies in Today's Economy


Wednesday, May 23, 2018

1:00 to 2:30 p.m. Eastern


Part 2:  Special Lease Situations: Build-to-Suit Leases and Sale-Leasebacks


Wednesday, June 27, 2018

1:00 to 2:30 p.m. Eastern


Click here for more information.  Use the ACREL discount code and you and your colleagues can register for $95 for individual sessions and additional registrants are only $75 each. 


Promo code: CRP18ET10


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 





Local Counsel Opinions: The Evolution of Customary Practice - Part 1 of 2

Edward N. Barad, Brownstein Hyatt Farber Schreck, Denver, CO
Laurence G. Preble, Holland & Hart, LLP, Boulder, CO

A threshold question is often asked in real estate finance transactions: Why does lender require an opinion? Many lawyers view an opinion request as a last minute annoyance that creates unnecessary liability. Title insurance covers enforceability, lien creation, and priority. Isn’t that enough?        READ MORE >>


ACREL Files Brief on Partnership Issue

Barry B. Nekritz, Faegre Baker Daniels LLP, Chicago, IL

Last year, ACREL Fellow, Ron Gern, approached the Amicus Curiae Committee (now the Amicus and Advocacy Committee) to determine whether it would be interested in preparing an amicus brief on behalf of Plaintiff-Respondent in the case of Congel v. Malfitano, which was pending in the Court of Appeals of the State of New York, the highest court in New York. While there were several interesting issues, one of the issues was compelling enough to pique the interest of the Committee.      READ MORE >>


Tax Cuts and Jobs Act Taxes Some Incentives

Thomas J. Trent, Bradley Arant Boult Cummings LLP, Nashville, TN

Under Section 118 prior to the Tax Cuts and Jobs Act (the “Act”), contributions to a corporation by nonshareholders, including governmental entities, civic groups and utilities, were not included in the corporation’s income. The Internal Revenue Service had issued guidance that a variety of governmental grants were excluded from income by the corporate recipient of the grants.       READ MORE >>



Understanding the New Rules of Acceleration Clauses in Foreclosure Actions

Adam Leitman Bailey, Adam Leitman Bailey, P.C., New York, NY

The use of an acceleration clause in a mortgage foreclosure action provides an important and expedient tool when foreclosing on a property. This article focuses on recent case law and discusses some of the benefits and pitfalls when using an acceleration clause and how to overcome these obstacles.      READ MORE >>


The Business of Marijuana: Selected Lease Issues

Jack Fersko, Greenbaum, Rowe, Smith & Davis, LLP, Woodbridge, NJ

Twenty-nine states have legalized the sale of marijuana for medical purposes and nine states and the District of Colombia have legalized the sale of marijuana for recreational use. One of the motivating forces behind this anticipated growth and the favorable view of many state legislatures, is the revenues generated for state and local governments.      READ MORE >>


An Overview of Public Private Partnerships and Secrets for Making the Deals Work

Lee A. Weintraub, Becker, Fort Lauderdale, FL

Although relatively new to the United States, public private partnerships, a method of delivering public facilities and infrastructure through partnerships between public and private sector participants, have long been a favored delivery method in Europe, Canada and Australia.  But there is nothing like a Great Recession to generate great new ideas.


Read all of this issue's articles here.



ACREL.org vs. ACREL Shares - What Goes Where?


The ACREL staff often receives feedback that Fellows are not sure what the role is for the two main ACREL websites and they are not sure how to access or login to each.  In response, both sites have been streamlined and this guiding document was created to address any confusion on what can be found on which site.  Please print and file this document for your reference.


Response Requested: ABA Survey of the Legal Profession

The Burton Blatt Institute at Syracuse University has been engaged by the ABA to conduct a survey designed to identify biases encountered by LGBT+ and/or disabled lawyers in the legal profession. The project is also intended to help develop and implement strategies to support equal inclusion in the legal profession for lawyers from diverse backgrounds.


ACREL has been invited to make the voluntary, anonymous, 15-minute survey available to any of its Fellows who wish to participate. You may access the survey here.  Any questions or comments about the survey may be addressed to Dr. Ynesse Abdul-Malak, at yabdulma@law.syr.edu.




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