Thursday, June 14, 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,  

--ACREL Communications Committee


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


Be sure you're logged in to the ACREL site to view any individual articles below!


Although Summer does not officially start until later this month, it appears that the winter doldrums are finally behind us and the great outdoors is providing a welcome relief for many.  While folks are celebrating graduations, weddings and the beginning of summer vacations, the work of the College never stops.   The registration site for our 40th Anniversary Meeting in New Orleans is officially open.  The meeting will take place October 18th – 21st.   If you have not already done so, be sure to visit the site to view the many special events planned (including the Gala Dinner on Friday (not Saturday) evening.)  Among other things, note the new approach to scheduling both Substantive and Administrative Committee meetings -- the number of slots has been increased in an effort to reduce meeting conflicts and enable Fellows to attend more meetings.


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



It is with great sorrow we inform you of the passing of Allan Goldberg, a friend and Fellow of the College since 1991.  Our thoughts are with his family, friends and colleagues.



Allan Goldberg

Chicago, IL

September 10, 1944 - June 9, 2018






Raymond G. Truitt


Raymond G. Truitt, a partner in Ballard Spahr's Baltimore office, has been selected as the Distinguished Maryland Real Property Practitioner for 2018 by the Real Property Section of the Maryland State Bar Association (MSBA).  The award recognizes one Maryland-based real estate attorney each year for outstanding professional accomplishments, contributions to the profession and community, integrity, and collegiality.  Mr. Truitt will be presented the award on June 15 at the Section's meeting at the MSBA annual meeting. Click here to view the full press release.


Congratulations to Pamela V. Rothenberg, who was awarded the inaugural Grunin Prize by the Grunin Center for Law and Social Entrepreneurship at NYU School of Law on June 5, 2018.  The award recognized Pam for the impact she has had on advancing the goals of sustainability and human development through her workClick here for more information on the award.



Richard F. Klawiter was presented with the DLA Piper Global Partner Pro Bono & Community Service Award on June 9th.  Rich's work has spanned immigrant and refugee rights, juvenile justice and legal services to the poor, as well as service to nonprofit organizations with real estate needs.  In 2017, Rich spent two weeks at a family immigration detention center working as part of a team of lawyers to represent women and their children in asylum matters.  Rich is also handling an ongoing appeal for a death row inmate he has been working on since 2005.  Rich is pictured above with DLA Global co-chair, Roger Meltzer.



Herman C. Fala                         Michael Sklaroff 


On June 11, The Legal Intelligencer released its list of 2018 Lifetime Achievement award winners, including two ACREL Fellows, Herman Fala and Michael Sklaroff.  


Fala, who serves as General Counsel to Liberty Property Trust, was recognized for his 45 year career, where he has played an integral role in remaking Philadelphia’s skyline, revitalizing urban landscapes and driving the region’s economic growth.


Sklaroff, of Ballard Spahr, has participated in landmark cases in Pennsylvania law and guided projects that have shaped the skyline, including the home of the Philadelphia Orchestra at the Kimmel Center. In the early 1970s, he was part of the team that filed the first civil rights action to open the suburbs to multifamily housing in the aftermath of the Girsh Appeal and established the precedent for site-specific relief in exclusionary zoning cases. 


                Michael A. Bedke             Michael J. Gelfand      Wilhelmina F. Kightlinger


Three ACREL Fellows were recognized by The Florida Bar’s Real Property, Probate and Trust Law Section on June 1st at its annual Convention.  The awards were presented by ACREL Fellow Andrew “Drew” O’Malley of Tampa, who is concluding a year as chair of the RPPTL Section.


Mike Bedke of Tampa received the John Arthur Jones Annual Service Award. This honor is granted to the Section member who has rendered dedicated and significant service to the Section and its programs throughout the year.  Mike is the Chair of the RPPTL section’s Real Estate Structures and Taxation Committee.


Michael Gelfand of West Palm Beach, received the William S. Belcher Lifetime Professionalism Award.  This award recognizes a Section Executive Council member for long term contributions to the Section and public in promoting the highest standards of ethics and professionalism.  Michael was honored for his professionalism and long history of contributions to the Section, including his service before, during and after his tenure as Chair of the Section in 2015-2016.

Wilhelmina Kightlinger of Tampa received the Robert C. Scott Memorial Award, the highest honor given by the Section.   This award is bestowed on the RPPTL member who best exemplifies devotion and continued service to the Section and the practice of law.  She has served as Chair of the Sponsor Coordination Committee for many years.




            Dunbar           Freedman          Gelfand                 Grant             


Linquanti              Mezer            Rolando                  Schwartz                   Sklar   

The Florida Bar announced the first class of 129 attorneys who are Board Certified in Condominium and Planned Development Law.  ACREL is well represented with the following Fellows having achieved this recognition: Pete Dunbar, Rob Freedman, Michael Gelfand, Mark Grant, Rich Linquanti, Steve Mezer, Peggy Rolando, Marty Schwartz and Bill Sklar.


Board certification recognizes attorneys’ special knowledge, skills and proficiency in the area of Condominium and Planned Development law and professionalism and ethics in practice.  In order to qualify, the recipients must have practiced 3 of the past 5 years in the area, passed a 6 hour exam (unless exempted by virtue of having practiced 20 years in the area), obtained a minimum of 50 hours of approved condominium and planned development law CLE credits in the past 3 years and received positive ratings in peer reviews.



2018 Annual Meeting: Registration Open

Earlier this week, we opened registration for our Fall meeting in New Orleans, where we will celebrate the 40th Anniversary of ACREL.  The meeting will take place from October 18 - 21.  Click here for meeting information and the online registration form. The meeting will be held at The Roosevelt Hotel New Orleans, a Waldorf Astoria property.




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


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 



Yesterday's ACRELive Recording Now Available


If you weren't able to join in on yesterday's ACRELive "Guess Who's Coming to Dinner?  Legal Issues Facing Restaurants and Related Services," you can now access the recording and related materials on the ACREL website.





On May 11, ACREL Fellows gathered for cocktails and conversation during the annual ABA RPTE Spring Symposia in Orlando.   What a great turnout!  Thank you to ACREL Secretary, Nancy Little, for serving as the on-site host for the event.





The photos above were captured from recent gatherings of local Fellows in Chicago, IL and St. Pete Beach, FL, respectively.  The Chicago reception was held on May 9th at the office of Dentons US LLP.  In attendance, and pictured above from left to right, were David Glickstein, Mark Mehlman, Ted Novak, Ben Randall, Alex Cole, Mark Yura, Jerry Sherman, Scott Lindquist, Dan Marre, Steve Davidson, Jana Barbe, Sam Levine, Michael Kurtzon, Chuck Edwards, Everett Ward and Celeste Hammond.


ACREL’s Florida Fellows held a meeting and reception on the evening of Wednesday, May 30, 2018, in conjunction with the annual convention of the Florida Bar Real Property, Probate, & Trust Law Section.  The event was attended by over 20 Florida Fellows (pictured).  Both fun and scintillating discussions were had!  The Florida Fellows plan to meet again before year-end and on a regular basis going forward.



ACREL Working Group Reviewing ALTA Proposed Policy Revisions

The American Land Title Association (ALTA) Forms Committee, chaired by ACREL Fellow, Jim Gosdin, has released for comment proposed revisions to the 2006 ALTA Owner’s and Loan policy forms. The proposed revisions are the most comprehensive revisions proposed since the adoption of the completely new 2006 forms. The proposed revised forms may be viewed here:            READ MORE >>


Issues in Handling Florida Leases

Arthur J. MenorShutts & Bowen LLP, West Palm Beach, FL

Many states have their idiosyncrasies relating to lease transactions. Florida is no different. Here are ten Florida specific issues that affect lease transactions.           READ MORE >>


A Guaranty May Be Enforceable Even If Collection Of the Underlying Debt Is Barred

Beth H. MitchellNutter McClennen & Fish LLP, Boston, MA

In Cedar-Fieldstone Marketplace, LP v. T.S. Fitness, Inc., the Massachusetts Appeals Court considered whether a release of a landlord’s claims against a tenant for unpaid rent precluded the landlord from bringing a collection action against the guarantor of the lease. The court held that the landlord was not precluded from seeking payment from the guarantor for unpaid rent.         READ MORE >>


Tax Cuts and Jobs Act Taxes Some Incentives

(Repeals Tax-Free Contributions to Capital)

Thomas J, Trent, Jr., 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.  The Act amended Section 118(b) to provide that “contribution to capital of the taxpayer” does not include “any contribution by any governmental entity or civic group (other than a contribution made by a shareholder as such)” Section 118, as amended, applies to contributions made after December 22, 2017.    READ MORE >>



Acquisitions Committee: Liquidated Damages Project

Stevens A. Carey, Pircher, Nichols & Meeks, Los Angeles, CA

The December 2017 issue of ACREL Notes contained an article about Ravenstar, LLC v. One Ski Hill Place, LLC, which held that an optional liquidated damages clause was enforceable. This case was a surprise to a number of lawyers, including the author, who had assumed that such an option could invalidate a liquidated damages clause because it reflects a lack of intent to liquidate damages.       READ MORE >>


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

Edward N. BaradBrownstein Hyatt Farber Schreck, Denver, CO
Laurence G. PrebleHolland & 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 >>

The Impact of the New Clarifying CRE Loans Legislation on the HVCRE Rule

Joseph P. Forte, Sullivan & Worcester LLP, New York, NY

The recent financial deregulation legislation passed by the House of Representatives on May 22, and which was previously passed by the Senate in March and signed into law by the President on May 24, includes significant reforms to the Basel III High Volatility Commercial Real Estate (HVCRE) Rule and the proposed High Volatility Acquisition, Development or Construction (HVADC) Rule. See the CREFC Side-by-Side comparison of the HVCRE Rule, the proposed HVADC Rule and the new legislation and Basel III.         READ MORE >>


Summary of FATF Private Sector Consultative Meeting held April 23-24,
2018, United Nations Complex, Vienna, Austria

Kevin L. ShepherdVenable LLP, Baltimore, MD

The Financial Action Task Force on Money Laundering (“FATF”) convened a
private sector consultative and dialogue meeting at the United Nations Office on Drugs
and Crime in Vienna, Austria on April 23-24, 2018. The meeting was called by FATF as
part of the ongoing effort to engage with the private sector on relevant topics. About 250
private and public sector representatives attended the meeting.         READ MORE >> 

Read all of this issue's articles here.




ACREL Summer Games


Join the ACREL Summer Games -- a simple, fun competition among ACREL Fellows around the country where everyone can share pictures from summer travels and vacations.  ACREL President, Jay Epstien, has already started the ball rolling!

What do I have to do?

  • Take a picture or two of you (and, if you want, friends, family, etc.) from wherever your travels take you this summer (multiple entries are welcome). Share the fun from all the cool places where you might be in the coming months. 
  • Post the picture on the ACREL Private LinkedIn group.  If you are not part of the group today, please do join as this will be the only way to participate in the fun and be eligible to win one of the prizes.
  • When you post a picture, tell us who is in the picture, where you are and some other fun fact of your trip.  Try to send a high resolution and quality photograph.  If you need help posting a picture or have any questions, please email Caitlin at

  • The competition will run through September 15th, giving everyone time to post end-of-summer photos from Labor Day Weekend escapes.  During the summer, we will post some of the pictures in an online gallery on the ACREL Website, so be sure you are happy for all Fellows to see where you are enjoying your summer vacation. 


How do I win?


At the Annual Meeting in New Orleans, we will announce the winners in several categories:  Scenic, Adventure, Fun, Creative and overall best picture (based on the number of likes and comments on LinkedIn.)  So be sure to not only share your photos, but like or comment on those of other Fellows.  We will share a montage of summer travel and adventures with all Fellows joining us in New Orleans, where prizes will be issued. 


Please join the ACREL Summer Games and share a summer picture of you with the rest of the College.


Best wishes to everyone for a wonderful summer break with family and friends. 




Our 2018 ACREL Sponsors 


Gold Level









Silver Level











If you wish to stop receiving email from us, you can simply remove yourself by visiting: @@unsubscribe_url@@

American College of Real Estate Lawyers
11300 Rockville Pike
Ste 903
Rockville, MD 20852