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| From Event: Commercial Evictions from Start to Finish, held August 2011.
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Program Description
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In commercial leasing, the attorney's job is to anticipate the worst outcome from the very start of a landlord-tenant relationship. This definitive guide will teach attorneys and other landlord representatives how to protect their clients from tenant defaults and minimize losses in the event of eviction. Find out what lease provisions will ensure a quick and easy lease termination and help avoid litigation. Apply our expert drafting tips to improve the effectiveness of your contracts, notices and complaints. Get step-by-step techniques for evicting a tenant for non-payment or other lease defaults, and protect your landlord clients' rights of possession. Order today!
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Course Content
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- Commercial Leasing Overview and Legislative Update
- How to Avoid Eviction Litigation Before the Lease is Signed
- Eviction Proceedings in Detail
- Common Tenant Defenses to the Eviction Action
- Select Issues in Terminating Commercial Leases
- Overcoming Ethical Challenges
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Continuing education credit is not available at this time.
For additional questions regarding continuing education credits please
contact us at 866-240-1890 or credit@nbi-sems.com.
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Agenda / Content Covered:
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COMMERCIAL LEASING OVERVIEW AND LEGISLATIVE UPDATE 9:00 - 10:00, William Gamgort - Types of Commercial Leases
- How are Commercial Evictions Different from Residential?
- Major Laws Governing Commercial Landlords and Tenants
- Current Case Law Update
HOW TO AVOID EVICTION LITIGATION BEFORE THE LEASE IS SIGNED 10:00 - 11:00, Gary F. Seitz - Avoiding Potential Insurance and Subrogation Problems
- Disclaimers of Liability and Indemnification
- Advising Clients on Entity Verification, Credit Checks, Deposits, Liens and Guarantees
- Essential Lease Provisions
- Common Drafting Oversights That are Likely to Cause Litigation
EVICTION PROCEEDINGS IN DETAIL 11:15 - 12:15, William Gamgort - Grounds for Eviction
- Proper Notice Practices under the Lease: Types, Language, Timing, Service
- Proper Statutory Notice
- Preparing and Filing the Complaint
- The Role of Alternative Dispute Resolution in Commercial Evictions
- Eviction Court Procedure and Timeline from Start to Finish
- Litigation Strategies
- Practical Tips for Going to Trial
COMMON TENANT DEFENSES TO THE EVICTION ACTION 1:15 - 2:15, William Gamgort - Acceptance of Rent and Waiver
- Breach of Covenants
- Constructive Eviction
- Lockout and Self-Help
- Failure to Mitigate Damages
SELECT ISSUES IN TERMINATING COMMERCIAL LEASES 2:15 - 3:15, Gary F. Seitz - Abandonment
- What to do When the Tenant Vacates
- Availability of Double Rent
- Ejectment as an Alternative to Unlawful Detainer
- Defective Exercise of Option to Renew
- Bankruptcy
OVERCOMING ETHICAL CHALLENGES 3:30 - 4:30, Gary F. Seitz - Attorney-Client Confidentiality
- Determining and Collecting Attorney's Fees
- Avoiding Conflicts of Interest
- When is the Job Finished? Ending the Attorney-Client Relationship
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WILLIAM GAMGORT is an attorney with Young Conaway Stargatt & Taylor, LLP. Mr. Gamgort has a general commercial litigation practice with experience in environmental law regulation and toxic tort defense; complex insurance coverage matters for issuers and policyholders; construction, including professional negligence; and commercial real estate, including foreclosure, lease and mechanics lien matters. He is admitted to practice before the U.S. District Court for the District of Delaware, Delaware Supreme Court, Delaware Court of Chancery, Delaware Superior Court and Delaware Justice of the Peace Court. Mr. Gamgort earned his B.S. degree, summa cum laude, from the University of Delaware and his J.D. degree from the University of Maryland School of Law, where he served as an editor on the Maryland Law Review. GARY F. SEITZ is a partner with Rawle & Henderson LLP. He concentrates his practice in the areas of commercial bankruptcy, commercial litigation and admiralty and maritime law. Mr. Seitz serves as a Chapter 7 Panel Trustee in the U.S. Bankruptcy Court for the Eastern District of Pennsylvania and acts as Trustee in Chapter 7 and Chapter 11 cases in the Eastern District of Pennsylvania and the District of Delaware. He has extensive experience handling bankruptcy matters for creditors, asset purchasers and trustees. Mr. Seitz also has expertise in admiralty and maritime litigation and transactions with particular emphasis on marine financing and vessel foreclosures. He is admitted to practice in Delaware, Pennsylvania and New Jersey. Mr. Seitz is admitted to practice before the U.S. Court of Appeals for the 3rd and 5th circuits and the U.S. District Courts for the Eastern, Middle and Western districts of Pennsylvania, the District of New Jersey and the District of Delaware. He graduated magna cum laude from Buena Vista University and from the University of Iowa College of Law. Mr. Seitz also earned his Master's degree from Tulane University. In the course of obtaining his law degree, he studied at the Shanghai Law Research Institute in the Peoples Republic of China and at the Bentham House Faculty of Laws of the University of London. Mr. Seitz has obtained the designation of "Proctor in Admiralty" from the Maritime Law Association of the United States. He is a member of the National Association of Bankruptcy Trustees, the Eastern District of Pennsylvania Bankruptcy Conference, and the Pennsylvania, New Jersey State and American Bar Associations. Mr. Seitz is a member of the Philadelphia Maritime Association and the Transportation Lawyers Association.
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Please refer to Continuing Education Credit FAQ for general information about seeking
credit for your participation in one of our continuing education programs.
Additionally, our team of credit specialists are here to answer your specific credit-related
questions weekdays 7am - 5pm Central:
Phone: 866-240-1890
Email: credit@nbi-sems.com
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| Web: |
Order Now
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| Call: |
800.930.6182 |
| Fax: |
715.835.1405 |
| Mail: |
NBI
P.O. Box 3067
Eau Claire, WI 54702
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