CLE

Following are the titles, descriptions and panelists for the eight CLE presentations. The order in which the presentations will be given on both days may be subject to change from what is listed below.

ACMA will seek 8.0 hours of CLE credit in 60-minute states and 9.6 hours of CLE credit in 50-minute states. All CLE credits and amounts are subject to each state’s approval and rounding rules.

A popular and enlightening feature of past Annual Meetings, the Professors’ Round-Up, a panel of leading real property law professors, returns for a recap and critical analysis of recent issues of interest to commercial real estate finance attorneys.

Speakers:

• Steven W. Bender, Associate Dean for Planning and Strategic Initiatives and Professor of Law; Co-Faculty Director of Critical Justice Initiative, Seattle University School of Law, Seattle, WA
• R. Wilson Freyermuth, Robert L. Hawkins/Dale A. Whitman Chair Emeritus, Curators Teaching Professor Emeritus, University of Missouri School of Law; Executive Director, Joint Editorial Board of Uniform Real Property Acts, Columbia, MO
• David Reiss, Clinical Professor of Law, Cornell Law School and Research Director, Blassberg-Rice Center on Entrepreneurship Law, Cornell Tech, New York, NY
• Julia P. Forrester Rogers, Provost Faculty Research Fellow and Professor of Law, SMU Dedman School of Law, Dallas, TX

The ins and outs of above and below ground agreements related to mineral rights can create headaches in a transaction, especially for lawyers who do not deal with them routinely. This program will explore what real estate lawyers should know about mineral leases, mining rights, sub-surface and surface rights, easement, sale agreements, and title insurance issues with respect to such rights.

Speakers:

• Matthew Foster, First American Title Insurance Company, Nashville, TN
• Katherine Tapley, Norton Rose Fulbright US LLP, San Antonio, TX
• Jenna Unell, Greystone Special Servicing, Irving, TX

In 2022, the Uniform Law Commission adopted amendments to the Uniform Commercial Code to provide more certainty with respect to the transfer and financing of digital assets. The 2022 amendments, which have been adopted in approximately two-thirds of the states (including NY and Delaware), introduce new Article 12, as well as amendments to Article 9 and other provisions of the UCC. This program will address the application of the 2022 amendments to real estate mortgage transactions using electronic documents. The 2022 amendments are more flexible for selling and pledging electronic mortgage notes than the transferable records provisions of UETA and E-SIGN. The program will focus on the Articles 9 and 12 provisions applicable to electronic mortgage notes and will include practical tips, due diligence and drafting suggestions.

Speakers:

• Edwin E. Smith, Morgan, Lewis and Bockius, Boston, MA
• Steven O. Weise, Proskauer Rose LLP, Los Angeles, CA

This program will explore recent developments in electronic real estate transactions, including e-signatures, electronic land records, electronic conveyances, and remote online or webcast notarization. Among other things, this panel will discuss key legislation involving electronic recording and remote notarization, including the Uniform Real Estate Electronic Records Act (“URPERA”), the Uniform Electronic Transactions Act (“UETA”) and the Revised Uniform Law on Notarial Acts (“RULONA”).

Speakers:

• Michael P. O’Neal, First American Title Insurance Company, Washington, DC
• Jane Sternecky, Uniform Law Commission, Chicago, IL
• James C. Wine, Nyemaster Goode, Des Moines, IA

This panel will delve into the complexities of construction lending, offering practical strategies for mitigating risks associated with ground-up construction projects from the perspective for lender’s counsel and title counsel. Attendees will gain valuable insights into the differences among state construction lien laws and the availability of insured coverage over liens, along with other risks and challenges inherent in construction lending. Panelists will also examine the limitations of title insurance in the construction loan context—highlighting what is not covered—and discuss the strategic application of endorsements, including the ALTA 32 and 33 series and the Land Under Development series, as essential tools for effective risk management.

Speakers:

• Kathryn B. Oakes, Winstead PC, Houston, TX
• Leonard Prescott, First American Title Insurance Company, Coral Gables, FL
• Glen W. Roberts, Stewart Title Guaranty Company, Spanish Folk, UT

This panel will examine the data center asset class from the distinct perspectives of developers, investors, lenders, and title insurers with a particular focus on the legal and transactional issues that arise during development. Topics will include traditional real estate and land use considerations, financing structures and risks specific to data center development including, the energy infrastructure required to meet the power-intensive demands on modern data centers, environmental issues and zoning and permitting challenges. The panel will also address title insurance coverage considerations unique to this asset class.

Speakers:

• Katie Cunningham, The Northwestern Mutual Life Insurance Company, Milwaukee, WI
• Wendy S. Gibbons, First American Title Insurance Company, Oak Island, NC
• Dawn M. Patterson, First American Title Insurance Company, Ferndale, MI
• Victor J. Roehm, III, Snell & Wilmer L.L.P., Portland, OR

This program will include a live look-in on attorney loan document negotiation with counsel’s utilization of AI technology during the negotiations. The discussion will focus on the important ethics concerns and ethical best practices related to the use of AI technology in document drafting and negotiation.

Speakers:

• Stephen Jackson, Heise, Jorgensen & Stefanelli, PA, Gaithersburg, MD
• J. Cliff McKinney, Quattlebaum Grooms & Tull PLLC, Little Rock, AR
• David J. Vogel, Hecht Solberg Robinson Goldberg & Bagley LLP, San Diego, CA

This session will explore a broad range of topics, including both judicial and non-judicial foreclosure of real property mortgages and deeds of trust, as well as key considerations when litigating and foreclosing on liens involving corporate stock, limited liability company membership interests, and general intangibles.  In addition to a general overview of the complexities involved in enforcing mixed-collateral loans, the panel will focus on practical, real-world strategies for addressing the challenging litigation and foreclosure issues that often arise in this area.

Moderator: Kenneth Miller, SMBC MANUBANK, Los Angeles, CA

Speakers:

• James S. Cochran, O’Connor Cochran LLP, Los Angeles, CA
• Dale W. Cottam, Bailey Stock Harmon Cottam Lopez LLP, Afton, WY
• Marshall Grodner, Adams & Reese, Baton Rouge, LA