New York Real Estate Law 2023

Agenda / Content Covered

1. New York Real Estate Law Updates
   9:00 - 9:30, Mark D. Kimball
   1. Legislative Updates
   2. Biggest Cases of the Past Year
   3. Residential and Commercial Real Estate Market Updates
   4. Hot-Button Issues and Trends
2. Real Estate Contracts and Due Diligence 2023
   9:30 - 10:30, Mark D. Kimball
   1. Letters of Intent: Nonbinding and Binding
   2. Modern Purchase and Sale Agreements
   3. Negotiating Key Provisions: Due Diligence Period, Reps and Warranties, Covenants, and Closing Conditions
   4. Purchase Contract Dispute Trends and Developments
   5. Developments in Disclosure Lawsuits
   6. Current Due Diligence Standards
   7. Checklist Guide to Real Estate Due Diligence
3. Modern Real Estate Leases
   10:45 - 11:30, Anthony W. Cummings
   1. Landlord-Tenant Law Updates
   2. New Negotiation and Drafting Considerations
   3. Top Lease Mistakes to Avoid Right Now
   4. Issues With Specialty Leases (Cannabis, Short-Term Rentals, etc.)
4. Handling Title Issues
   11:30 - 12:30, Brian Fischer
   1. Title Law Updates
   2. Updated Survey Standards and Title Policy Forms
   3. Title Search and Examination Best Practices
   4. Title Commitments and Exceptions
   5. Surveys and Legal Descriptions
   6. Resolving Title Defects
5. New Tech, New Legal Issues: E-Signatures, RON, Wire Fraud, and More
   1:30 - 2:15, Andrew L. Crabtree
   1. E-Signatures and Electronic Contracts
   2. Remote and Electronic Notarizations - What You Must Know
   3. Data Privacy Regulations and Real Estate Transactions
   4. Cybersecurity Protections
   5. Wire Fraud - Advising Clients
   6. Blockchain in Real Estate Transactions
6. Short Sales, Foreclosure, and Bankruptcy
   2:15 - 3:15, Gary F. Eisenberg
   1. Short Sale Process
   2. Deficiency Judgment
   3. Tax Consequences of Short Sales
   4. Multiple Mortgages
   5. Foreclosure 101 for Real Estate Lawyers
   6. Foreclosure-Related Title Issues
   7. What You Need to Know About Bankruptcy
7. Legal Ethics for Real Estate Attorneys
   3:30 - 4:30, Andrew L. Crabtree
   1. Conflicts of Interest in Real Estate Transactions
   2. Wearing Multiple Hats: Attorney, Real Estate Agent, Escrow Agent, Title Agent, Closing Agent
   3. Compensation
   4. Client Confidentiality
   5. Disclosure of Defects in Property
   6. Ethics Opinions on Transactional Matters

Accreditation Details:

Andrew L. Crabtree is the principal of the Law Offices of Andrew L. Crabtree, P.C., where his firm focuses on transactional and litigated real estate, landlord-tenant, construction and general commercial business matters. Mr. Crabtree has a broad background in residential condominium development and sales in commercial leasing, and represents commercial owners, developers, purchasers and tenants, including a national franchise chain, in commercial leasing, and landlord and tenant matters. He represents businesses and individuals in federal and state trial courts, as well as in arbitrations and before administrative tribunals involving commercial disputes, constitutional claims, partnership and shareholder disputes, breach of contract claims, business torts, unfair competition, employment claims, trade secrets and intellectual property cases. Mr. Crabtree also represents contractors, owners, developers, design professionals municipalities and state agencies relating to public and private construction and development projects, mechanics' liens, commercial lease disputes and landlord-tenant matters. He is a member of the American Bar Association, the New York State Bar Association and the Suffolk County Bar Association. Mr. Crabtree earned his B.A. degree, magna cum laude, from the State University of New York at Albany and his J.D. degree from Fordham University Law School.

Anthony W. Cummings is a partner in Certilman Balin Adler & Hyman LLP's Litigation Practice Group, where he represents clients in an array of commercial litigation matters. Prior to joining the firm, he was a solo practitioner, a business executive and an adjunct professor. Mr. Cummings represents clients in business related or commercial matters including breach of fiduciary duty, fraud and misappropriation of trade secrets, breach of franchise, exclusive distributorship, shareholder and stock purchase agreements, corporate dissolution, landlord-tenant, product and premise liability matters. He also participates in litigation arising from real estate development projects and investments in various forms and structures. Active in his community, Mr. Cummings is a member and former vice president of the Amistad Long Island Black Bar Association. He serves as president of the Board of Directors of Hope for Youth, Inc. Mr. Cummings is also a member of the New York State Society of CPA's, and a member of the UNC Kenan-Flagler Business School Alumni Council. He served as an associate editor of the Journal for the Suffolk Academy of Law, as co-chair of the Suffolk County Bar Association Appellate Practice Committee, and as an officer of the Suffolk Academy of Law. Mr. Cummings is on the faculty of the Marino Institute for Continuing Education. He has also taught classes in law, business, and forensic accounting at various colleges, including the Touro College School of Health Sciences, the Hofstra University Zarb School of Business, Wake Technical Community College and Suffolk Community College. His work experiences includes serving as vice president of Hales & Company in Manhattan and an assistant vice president of First Union Securities in North Carolina. Mr. Cummings earned a Juris Doctor from the Maurice A. Deane School of Law at Hofstra University, a Master of Business Administration from the University of North Carolina, Kenan-Flagler Business School and a Bachelor of Science in applied economics from Hofstra University. He is admitted to practice in the U.S. District Court, Eastern and Southern Districts of New York; U.S. Court of Federal Claims; U.S. Tax Court; U.S. Court of Military Appeals; U.S. Court of Appeals, Federal Circuit; U.S. Court of Appeals, Second Circuit; U.S. Court of Appeals, Eleventh Circuit; U.S.Supreme Court, the District of Columbia and the states of North Carolina and New York. Mr. Cummings was named to the 2022 New York Metro Super Lawyers list and was recognized in Long Island Pulse Magazine's Top 2013 Legal Eagles.

Gary F. Eisenberg is a partner at the law firm of Perkins Coie LLP, where he concentrates his practice on restructurings, workouts, and bankruptcy, and specializes in commercial litigation and distressed asset financing transactions. Mr. Eisenberg has more than 20 years of experience in representing secured creditors, bondholders, hedge funds, distressed investors and distressed asset buyers in large and complex cases. He advises on the debtor-creditor aspects of corporate transactions, including structured finance transactions and litigation (including CDO cracking and RMBS litigation). Mr. Eisenberg also represented numerous secured lenders in foreclosure litigation and in non-judicial sales in over two dozen jurisdictions. He has represented creditors in multiple bankruptcy jurisdictions, litigating cash collateral orders and stay relief motions, and specializing in obtaining confirmation of lender-proposed plans of reorganization. Mr. Eisenberg is a member of the New Jersey State and New York State bar associations, and the Commercial Mortgage Securities Association. He earned his B.A. degree, with distinction, from Yale University and his J.D. degree from New York University School of Law.

Mark D. Kimball is the founding shareholder of MDK Law, a firm emphasizing corporate, commercial and property law, and consulting in matters involving federal and international taxation. Mr. Kimball is admitted to practice in Washington, New York and Texas. He is an adjunct professor of law at Eotvos Lorand and Masaryk Universities in Europe, and has served as a law school guest lecturer at Seattle University School of Law. Mr. Kimball is also engaged as an expert witness in Superior Court cases involving limited liability companies, governance and other member issues. He earned his J.D. degree and LL.M. (taxation) degree from the University of Washington School of Law, and also holds an LL.M. degree in transnational commercial practice from Europe.