Thursday, June 27, 2019

Welcome to the ACREL News & Notes!  It is published throughout the year and features articles on substantive areas, noteworthy cases and hot topics, upcoming meetings, ACRELive presentations and Fellow and local ACREL events.


We welcome your suggestions!  Send ideas to David Gordon,

--ACREL Communications Committee


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


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



Good day to each and all.  I’m very hopeful that you, your families, and others you care about have avoided or managed your way through the weather events that seem to just keep coming.  In some shape or form, nowhere has been safe from everything (if not water, fire; if not fire, hail).  In any case, stay safe and be well.


On a brighter note, the summer/vacation season is upon us – here’s to your finding some quality time to enjoy family or a simple respite from your usual activities.  (And . . . don’t forget to post your great photos at the ACREL LinkedIn page.)


Montreal.  By now you have my formal invitation to come to Montreal for our fall meeting.  From the Program to the Hotel to the Activities, it should be outstanding.  You will want to register as early as possible (a bunch of you have registered – good!).


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




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Jay A. Epstien, Joseph P. Forte


During the Who's Who Legal Awards in London last month, two of our Fellows received prestigious awards.  Immediate past president, Jay Epstien,  was awarded the Real Estate Lawyer of the Year, and Joe Forte received a Lifetime Achievement Award for his career in real estate finance. 


Robert S. Freedman


On May 31, Rob Freedman was elected as Chair of the Real Property, Probate and Trust Law Section of the Florida Bar for the 2019-2020 year.  The section has over 10,000 members.



Orlando Lucero


Orlando Lucero was recently installed as president of the New Mexico Land Title Association, where he has been an active member since 2004. Affectionately known as “bow tie guy,” Lucero is vice president and New Mexico State underwriting counsel for Fidelity National Title Group in Albuquerque.



Manuel Farach


On June 9, Manny Farach, participated in the Escape from Alcatraz Triathlon in San Francisco.  He even brought along his ACREL handkerchief from the New Orleans meeting!  Manny also serves as the leader of our ACREL running group at the annual and mid-year meetings.  Join him for a run in Montreal!



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Jay A. Epstien, Roger D. Winston


ACREL past presidents, Jay Epstien and Roger Winston, completed the Susan G. Komen Promise Ride this past weekend in DC.  Both Jay and Roger completed the Century Ride - 103 miles!


Have you recently received an award?  Been published?  Presented at a conference?  

Share with us today on the ACREL LinkedIn group!



2019 Annual Meeting: Montreal

October 17-20, 2019


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It's time to renew those passports!  The 2019 ACREL Annual Meeting will take place in Montreal, Canada from October 17-20.  The meeting is jam-packed with educational and social activities, with something for everyone.  Registration is now open!


  1. Click here to register Fellows and guests
  2. Click here to sign-up for tours
  3. Click here to make your hotel reservation.



ACREL and ABA Present:

Blockchain and Real Estate - An Introduction in the Language of Real Estate Lawyers

July 10 @ 1:00 pm EST 


For all questions please contact Khadijah Kellogg by email or 312-988-5260.


The number of CLE programs on blockchain is growing, but few have focused exclusively on the application to commercial real estate.  This program will illustrate the direct application of blockchain to real estate.  We will define and explain blockchain in the language of a real estate lawyer.  The utility of blockchain in real estate transactions will be immediately apparent and more easily understood.  We will also describe certain challenges that will need to be overcome in order for blockchain to be embraced and to fully realize its potential.



Alexandra Cole, Perkins Coie LLP, Chicago IL 
Michael Hamilton, DLA Piper LLP, Los Angeles, CA 
Justin Earley, First American Title, Santa Ana, CA


Click here to register.




The Public Trust Doctrine
David L. Callies, Wm. S. Richardson School of Law, Honolulu, HI

Broadly stated, the Public Trust Doctrine (PTD) provides that government holds certain submerged and adjacent lands, waters, and (increasingly) other resources in trust for the benefit of its citizens, establishing the right of the public to fully enjoy them for a variety of public uses and purposes. The PTD may mean many things to many people, which explains why the doctrine has expanded greatly from its first application in American law in the early nineteenth century and why there is little uniform application of the PTD among the states.



Absence of Lease or Contract Provision Concerning Payment of Property Taxes Deemed Fatal in Tax Assessment Challenge

Sujata Yalamanchili, Hodgson Russ LLP, Buffalo, NY

There are few things certain in life, but taxes are one of them. In the context of property taxes in New York, one who is “aggrieved” can bring an assessment challenge first through administrative remedies and then later through litigation. These challenges are typically brought by the property owners. However, is a lessee who pays the property taxes, but is not obligated to, “aggrieved” so to have standing to bring such a challenge? The New York State Court of Appeals, New York’s highest court, recently addressed this question in Larchmont Pancake House v. Board of Assessors et al.  




Drafting Waivers of Subrogation in Commercial Leases: Why Are They So Important Particularly for Lawyers Negotiating Leases for Property Outside the Jurisdiction in Which They Are Admitted to Practice?
Janet M. Johnson, Schiff Hardin LLP, Chicago, IL
William H. Locke, Jr., Graves, Dougherty, Hearon & Moody, P.C., Austin, TX

Do you ever represent a client in a cross-border commercial lease transaction?  Janet Johnson and Bill Locke of the Insurance Committee want you to know why a waiver of subrogation is so Important, particularly for lawyers negotiating leases for property located outside the jurisdiction in which they are admitted to practice.   



The article below is part of an ongoing project of the Acquisitions Committee, undertaking a comprehensive survey of the law relative to enforceability of liquidated damages clauses and alternative remedies in purchase and sale agreements.


Liquidated Damages in the Commonwealth of Massachusetts
Barbara Trachtenberg and John Sullivan, DLA Piper LLP (US), Boston, MA
This article is part of the project undertaken by ACREL’s Acquisitions Committee to analyze on a state-by-state basis the alternative remedies available to sellers for breach of a commercial real estate purchase contract.  This article summarizes Massachusetts law as to each of the questions posed by the Committee.  





Read all of the articles from this and past issues of News & Notes here.



ACREL is fortunate to have seventeen sponsors for 2019.  Their support defrays the cost of the ACREL Directory and helps to support other initiatives of the College.   Many ACREL Fellows already work with one or more of our Sponsors.  If you do, please take a minute to thank your contact at the Sponsor for their support.  If not, take this opportunity to become familiar with their products and services.       


If you need additional contact information for any Sponsor, contact Julie Burgess in the ACREL office at or (310) 816-9811 and she can provide phone and email contact for each of our sponsors.


GOLD SPONSOR: Republic Title


Contact: Bo Feagin | 214.754.7770 |


Republic Title is a leading full-service title insurance agency providing a range of national, international, commercial and residential title insurance and 1031 exchange services.  With commercial offices in Dallas and Fort Worth, Republic Title has the ability to handle all of your real estate transactions from single sites to the most complex commercial transactions. Republic Title is distinguished by its proven experience, dedicated service and lasting relationships.


For more details on how Republic Title can be a resource to you, visit




Post Your Summer Photos on the ACREL LinkedIn Page


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. 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 yet, please join today! 





























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