SAVE!!! - The Granger Firm

thegrangerfirm.com

SAVE!!! - The Granger Firm

Up to 12 CLE credits including ethics

Up to 14 CPA credits

Register by

November 7 and

SAVE!!!

Philadelphia

Wed. & Thurs., Dec. 7–8, 2011

The Biggest & Best Real Estate Conference in Pennsylvania!

800-247-4724 / www.pbi.org


The Biggest & Best Real Estate Conference in Pennsylvania

There’s no doubt that real estate practice is challenging these days.

The volatility in the global economy has had a profound impact on real estate practice. The

tightening of financing in both the commercial and residential markets continues to limit sales

and stall project development. As a real estate lawyer, you know that your clients are faced with

real estate issues that neither they nor you have dealt with before. Having fresh ideas and new

ways to approach these legal issues has become a necessity, not a choice.

The Real Estate Institute is the perfect way to make sure you are keeping pace with all of the

latest developments. Our impressive faculty gives you the opportunity to draw on some of the

best thinking available anywhere for handling today’s real estate issues.

The “Year in Review:”

Catch Up on the Most Significant

Developments of the Year

Kicking off the Institute is our dynamic panel

consisting of Blair Granger, Tina Makoulian and

Ed Mullin. Not only will you learn about

significant case law, regulatory and legislative

developments, you’ll understand how these

developments may alter the advice you offer

your clients.

45+

Practical, Information-Packed

Sessions Give You Tons of Options

By picking and choosing from the 45+ topics

offered at the Institute, you’ll design a program

tailor-made for your practice needs. So many

fresh new, timely topics are included in the

Institute this year. Take a look at all of your

choices on pages 4–8.

Richard Bickel

Unique Insights from Keynote Speaker Richard Bickel

An urban planner with 40 years of practical experience in local government, county

and regional land use and transportation planning, Keynote Speaker Richard Bickel is

Director of the Planning Division at the Delaware Valley Regional Planning Commission

(DVRPC), the Metropolitan Planning Organization for the nine-county, bi-state

Philadelphia region. This promises to be a fascinating and eye-opening hour on land use

planning, transportation, and economic development. The trends, forecasts and plans he

will discuss will be broadly applicable across the Commonwealth.

SILVER SPONSORS

Commonwealth Land Title Insurance Company

Chicago/Fidelity National Title Insurance Company

2

Register now! 800-247-4PBI (4724) | www.pbi.org


It’s a

GREAT

time!

Networking, renewing old friendships, meeting new colleagues

and having a good time are all part of what the Institute offers.

The relationships you develop and the face time you have with

your colleagues and the faculty is unmatched at other events.

You’ll enjoy the continental breakfasts, refreshment breaks

and lunches, included, too!

Just Some of the Features of This Year’s Institute

1

the Impact of the Economy

Be updated on how to obtain financing, tax issues,

joint ventures, real estate valuations, short sales,

sheriff’s sale, and deeds in lieu of foreclosure,

receiverships, the foreclosure process, and more!

5

Tax Track

Here’s your opportunity to bone up on tax

assessment appeals and taxes involved in

real estate workouts, pick up money-saving tax

planning tips, and bring yourself up to date on

realty transfer taxes and more.

2

Leasing Track

The new FASB Rules for lease accounting,

commercial real estate assignments and subletting,

health care leases, and resolving residential

leasing problems are among your great choices.

6

Residential Track

Everything from the ever-changing PAR

agreement of sale to the residential closing to

title insurance, mobile homes and taking over

as owner in a failed residential subdivision.

3

4

Environmental Track

Hot button issues like stormwater permitting,

renewable energy issues, and “green” building

risk management are covered. There are

also sessions about eco-friendly practices

in community associations and how far

municipalities can go with protection provisions.

Oil & Gas Law Track

Find out what you need to know about the

Marcellus Shale, such as the environmental issues

surrounding fracking and how Pennsylvania’s laws

are developing in the midst of one of the nation’s

most dynamic energy projects.

7

8

Just the Basics Track

Newer to real estate practice or want a

refresher? The 10 sessions in this track are

designed especially for you! A perfect choice if

you want to master the basics.

GREAT Materials in a book or ON cd!

Be sure to note when you enroll whether you

want the popular Real Estate Institute course

materials in a book or on CD-ROM. The

CD-ROM is fully searchable and compact for

easy carrying and storage. The originally

authored materials are ones that you’ll refer to

over and over again. You choose!

And so much more...

Philadelphia

Wednesday & Thursday

December 7-8, 2011

Pennsylvania Convention Center

12 th & Arch Streets

(12 th Street Concourse)

The Pennsylvania Convention Center

PBI’s customer service department will

assist you in finding a hotel or directing

you to nearby parking garages. Give

them a call at 800-932-4637.

8:30 am to 4:30 pm both days;

check-in and continental

breakfast begin at 7:45 am

4 Enter at 12th & Arch Sts.

3


Schedule – Wednesday, December 7

7:45 - 8:20 Check-in & Continental Breakfast

8:20 - 8:30 Welcome & Introductory Remarks

8:30 - 9:30 The Year in Review

Mr. Granger, Ms. Makoulian & Mr. Mullin

9:30 - 9:45 Break

TRACKS

JUST THE BASICS

RESIDENTIAL

ENVIRONMENTAL

1 2 3 4 5

9:45 - 10:45

Lead-Based Paint –

Brushing Up on

New Certification

Requirements

The New Battlefield:

Property Rights

Litigation

Reviewing the

Ever-Changing

PAR Residential

Agreement of Sale

Legal Opinions –

Current Issues and

Trends

How Far Can

Municipalities Go to

Preserve Agricultural

Soils and Other

Natural Resources

Mr. Heller Mr. Stein Mr. Goldsmith

Mr. Ebby, Mr. Ritterband &

Mr. Scolnic

Justice Lamb, Judge Simpson &

Mr. Gundlach

10:45 - 11:00 Break

6 7 8 9 10

11:00 - 12:00

Short Sales, Sheriff’s

Sales & Deeds in

Lieu of Foreclosure

Billboards & Other

Electronic Signage

Representing

Your Client at a

Residential

Real Estate Closing

Joint Ventures in

Today’s Real Estate

Market

Legally Green:

Reconciling EcoFriendly

Practices in the

Community Association

with Restrictive

Covenants and Local

Laws and Ordinances

Mr. Somach Mr. McGrory Mr. Toppin Mr. Coll & Mr. Finkelstein Mr. Frumkin & Mr. Sugarman

12:00 - 1:00 Lunch (included in your tuition)

11 12 (repeated in #24) 13 14 15

1:00 - 2:00

Taking an Eminent

Domain Case

Through the

Pennsylvania Courts

in 2012

“Real Life” Ethics

Lessons for

Real Estate Attorneys

ETHICS

Reviewing and

Marking Up Title

Commitments

Show Me the Money –

Obtaining Commercial

and Residential

Real Estate Secured

Financing in Today’s

Market

Stormwater

Permitting for

Real Estate

Development

Ms. Jacobs & Mr. L. Silverman Mr. miller Ms. Enters & Ms. Inkpen

Ms. Blanton, Mr. Booth &

Mr. Womer

Ms. Murphy & Mr. Rinde

2:00 - 2:15 Break

16 17 18 19 20

2:15 - 3:15

Doing Good Deeds…

and Titles

Understanding

Broker Commissions

Buying, Selling or

Otherwise Taking Over

as Owner in a Failed

Residential Subdivision

Mr. Granor & Ms. Hickey Mr. Goldsmith Mr. Granger & Mr. Green Mr. Klasko

Options for

Developers Seeking

Capital Under the

EB-5 Visa Program

Making Sense of

Energy Efficiency and

Renewable Energy

Mr. Manko, Ms. Gotanda,

Mr. Effron & Mr. Slensky

3:15 - 3:30 Break

21 22 23 24 (repeat of #12) 25

3:30 - 4:30

Receivership…

The Remedy for

Distressed Assets in

Foreclosure

The State of

Real Estate:

Where We Are and

Where We Go from

Here

Mobile Homes –

Rights, Sales, Leases,

Evictions, Neighbor

Problems & Other Issues

“Real Life” Ethics

Lessons for

Real Estate Attorneys

ETHICS

“Green” Building

Risk Management

Strategies

Mr. Toppin Mr. Nahas Mr. Malkames Mr. miller Mr. Brogan & Mr. Merker

4

Register now! 800-247-4PBI (4724) | www.pbi.org


Schedule – Thursday, December 8

7:45 - 8:30 Check-in & Continental Breakfast

8:30 - 9:30 Keynote Address

Planning for Land Use, Transportation and

Economic Development in a Changing Region

Mr. Bickel

9:30 - 9:45 Break

TRACKS

JUST THE BASICS

LEASING

TAXES

OIL & GAS

26 27 28 29 30

9:45 - 10:45

Title Insurance

Policies – What Do

They Cover (and Not

Cover)?

Mr. Scaggs & Ms. Violi

Public Art: Learn the

Law and Tour the

Results

Dos and Don’ts of

Health Care Leases

Fundamentals of

Real Estate Tax

Assessment Appeals

& General Real Estate

Tax Minimization

Strategies

Ms. Berg, Ms. Guerrero,

Ms. Kutler & Mr. Scafidi Mr. Gosfield & Mr. Shay Mr. Laver & Mr. Piper Mr. Borsack

What Real Estate

Lawyers Must Know

about Marcellus

Shale

10:45 - 11:00 Break

31 32 33 34 35

11:00 - 12:00

Top 10 Title

Endorsements…&

The Other Ones Too

Mr. Angelo

Real Estate

Valuations:

The Approaches,

Rules & Litigation

Strategies

Residential Lease

Problems &

Remedies

Getting Kicked

While You’re Down!

Tax Aspects of

Real Estate Workouts

Mr. Acquaro-Mignogna,

Mr. Goodman, & Mr. Varner Ms. Kupersmith Mr. Reiter Mr. Weiss

The Fracking and

the Fury: An Update to

Pennsylvania’s Approach

to Environmental

Regulation of the

Natural Gas Industry

12:00 - 1:00 Lunch (included in your tuition)

36 37 38 39 (repeated in #49) 40

1:00 - 2:00

Easements: Creation,

Use & Termination

Safe Flying in the

Clouds

ETHICS

New FASB Rules for

Lease Accounting

Ms. Geraghty & Mr. Yarsky Mr. Siegel Mr. Giugliano Mr. Sedlack

Tax Planning Tips for

Real Estate Lawyers

PA Oil & Gas Laws –

How Will They

Compare to Those in

Texas, Oklahoma, Ohio

and West Virginia?

Mr. Dowd, Mr. McKeen

Mr. Schetroma & Mr. Snell

2:00 - 2:15 Break

41 42 43 44 45

2:15 - 3:15

What Every Real Estate

Lawyer Needs to Know

About Dodd-Frank and

Its Effect on Residential

Real Estate Transactions

New Philadelphia

Zoning Code

Commercial

Real Estate

Assignments and

Subletting

Realty Transfer Tax

Update

Mr. Schieber & Mr. Woodburn Mr. Kelsen & Mr. Pollock Mr. A. Silverman Mr. Brenner & Mr. Lamperski Mr. Tupitza

Litigating Disputes

Between Adjoining

Property Owners

3:15 - 3:30 Break

46 47 48 49 (repeat of #39) 50

3:30 - 4:30

Step by Step Guide to

the PA Foreclosure

Process

Social Media &

Ethics

ETHICS

The Tenant’s Top 20

Countdown: Staying

in Tune

Tax Planning Tips for

Real Estate Lawyers

Mr. Hladik Mr. Siegel Mr. Tobolsky Mr. Sedlack Mr. Smith

Self Storage

Facilities: Buying,

Selling and

Enforcement Issues

5


SESSION DESCRIPTIONS – WEDNESDAY, DECEMBER 7

8:30 – 9:30 am 4 PLENARY SESSION

The Year in Review

Mr. Granger, Ms. Makoulian & Mr. Mullin

What are the most significant cases and legislative statutes

in real estate law over the past year? Get a quick summary

of the important developments you need to know about in

our lively annual case law and legislative update. Always a

crowd pleaser!

6

9:45 – 10:45 am 4 CHOOSE ONE

1 Lead-Based Paint – Brushing Up on

New Certification Requirements

Mr. Heller

Landlords who own real estate built prior to 1978

need to follow strict rules when disturbing areas

of renovation or risk being subject to fines of up to

$35,000.00 per day per violation. Learn the rules to

protect your clients.

2 The New Battlefield: Property Rights

Litigation

Mr. Stein

Property owners are continually being faced with

attacks on private property rights, in the form of

increasing governmental regulation and policy,

citizen involvement aimed at delaying or prohibiting

development and the taking of property rights through

condemnation or inverse condemnation. Examine

the forums in which these battles will be fought, the

players, and the techniques for achieving victory

through the pre-litigation and litigation stages of battle.

3 Reviewing the Ever-Changing PAR

Residential Agreement of Sale

Mr. Goldsmith

An engaging speaker, Mr. Goldsmith will present a

clear and comprehensive review of the PAR standard

agreement of sale. He’ll highlight recent changes and

explain how to modify the agreement to protect the

interests of your client.

4 Legal Opinions – Current Issues and

Trends

Mr. Ebby, Mr. Ritterband & Mr. Scolnic

In many real estate transactions, especially loan

transactions, a legal opinion will be required in

connection with the closing. Examine a number

of cutting edge issues that affect opinion practice,

including the recent General Growth Properties

bankruptcy case as it relates to nonconsolidation

opinions, and the Dean Foods and Dechert v. Fortress

Invesment Group cases.

5 How Far Can Municipalities Go to

Preserve Agricultural Soils and Other

Natural Resources?

Justice Lamb, Judge Simpson & Mr. Gundlach

Many municipalities have been adopting agricultural

and natural resource protection provisions within

their zoning ordinances. Restrictions are generally

authorized under the MPC and enforceable. But how

far is “too far” when it comes to these restrictions,

and what are a landowner’s options to challenge the

validity of these restrictions when a municipality goes

too far?

11:00 am – 12:00 noon 4 CHOOSE ONE

6 Short Sales, Sheriff’s Sales & Deeds in

Lieu of Foreclosure

Mr. Somach

The bottoming out of the real estate market has led to

record numbers of mortgage foreclosures. Knowing

the nuts and bolts of sheriff’s sales, short sales and

deeds in lieu of foreclosure is essential for real estate

practitioners in today’s economic climate.

7 Billboards & Other Electronic Signage

Mr. McGrory

What are the zoning and constitutional issues for

billboards and electronic signage? Explore freedom of

speech issues as well as exclusionary zoning concepts,

and hear about various studies that have empirical

data regarding the impact of electronic signage on

the motoring public. The discussion will also involve

non-conforming signage under the Beautification Act,

as well as conversion of non-conforming signage to

electronic signage.

8 Representing Your Client at a

Residential Real Estate Closing

Mr. Toppin

The sale of a home is the most common real estate

transaction. Hear a comprehensive overview of

all transactional documents involved in the sale of

residential property for both buyers and sellers.

In addition, you will receive detailed instruction

regarding the settlement documents that buyers and

sellers are typically presented at residential closings.

9 Joint Ventures in Today’s Real Estate

Market

Mr. Coll & Mr. Finkelstein

What are the current conditions and criteria that

investors are seeking in funding new money into

real estate projects? Topics will include: raising

equity capital; current trends in agreements and

documentation, including management and control

rights; funding additional capital requirements;

partner loans, capital calls and dilution; and transfer

and exit provisions.

10 Legally Green: Reconciling Eco-Friendly

Practices in the Community Association

with Restrictive Covenants and Local

Laws and Ordinances

Mr. Frumkin & Mr. Sugarman

Learn about the types of energy solutions currently

available for developers, community associations

and homeowners to accommodate “green” practices

and stimulate sales. What are the limitations on an

association’s authority to regulate certain alternative

energy components, such as solar panels and clothes

lines? Find out how you can address these solutions in

new or existing documents governing common interest

communities.

1:00 – 2:00 pm 4 CHOOSE ONE

11 Taking an Eminent Domain Case

Through the Pennsylvania Courts in

2012

Ms. Jacobs & Mr. L. Silverman

We’ll discuss commonly experienced case

management issues, obstacles and challenges facing

practitioners, including discovery, electronic filing

and variations in current local court practices and

procedures. We will highlight important developments

in eminent domain law and related law, such as the

Private Road Act decisions.

12 “Real Life” Ethics Lessons for

Real Estate Attorneys (repeated in #24)

Mr. Miller

ETHICS

Ethical and malpractice pitfalls abound in the

real estate law arena! Taught by experienced

professional responsibility lawyer Sam Miller, this

eye-opening workshop will alert you to some recent

disastrous situations real estate lawyers have been

caught in, traps you need to be aware of, and ways to

avoid them.

13 Reviewing and Marking Up Title

Commitments

Ms. Enters & Ms. Inkpen

Problems with title can limit a person’s use and

enjoyment of their property, as well as bring financial

loss. Protect yourself or your client by learning how

to review a title commitment, what steps to take

prior to settlement, how to review a marked-up title

commitment at settlement, and what to do postsettlement.

14 Show Me the Money – Obtaining

Commercial and Residential Real Estate

Secured Financing in Today’s Market

Ms. Blanton, Mr. Booth & Mr. Womer

This session explores the current trends in both

commercial and residential real estate lending.

What are commercial lenders looking for and what

requirements are expected of borrowers? What

government programs are available for homeowners

who want to refinance or purchase, and what are

mortgage companies now requiring in a mortgage

application? The money is out there for many – come

see if it is out there for you or your clients!

15 Stormwater Permitting for Real Estate

Development

Ms. Murphy & Mr. Rinde

The Pennsylvania Department of Environmental

Protection adopted revised Chapter 102 regulations

governing the discharge of stormwater from

construction sites. Understanding how these new

regulations affect the development of real estate is

now more important than ever. Topics discussed

will include an overview of the revised regulations,

avoiding pitfalls in the permitting process, and

permitting of land development associated with the

Marcellus Shale play.

2:15 – 3:15 pm 4 CHOOSE ONE

16 Doing Good Deeds…and Titles

Mr. Granor & Ms. Hickey

How do you create a good deed and deal with bad

ones? We will address some of the basics of bad deeds,

difficult transfers of title and how title insurance is

applied in practical situations.

17 Understanding Broker Commissions

Mr. Goldsmith

In this hour, we will focus on real estate broker

commission agreements with emphasis placed on

the unanticipated consequences and fee obligations.

Topics include: commercial broker lien law and

defenses; future commissions on tenant expansion

renewal or purchase; and the assignment of

commission obligations upon the sale of commercial

real estate. Standard residential and commercial forms

will be reviewed as will the relevant law that relates to

commission agreements.

18 Buying, Selling or Otherwise Taking

Over as Owner in a Failed Residential

Subdivision

Mr. Granger & Mr. Green

Today, as more developers are unable to complete

the subdivision they started, lenders and/or a new

developer are taking over, foreclosing or buying lots or

the entire subdivision. We will review the major issues

that counsel for the lender and the new buyer should

know. Highlights include the risks of buying lots versus

the risk of taking over as declarant, what easements

a builder needs and how to get them insured, dealing

with left over liens, and the rights of the HOA and

existing homeowners.


SESSION DESCRIPTIONS – WEDNESDAY, DECEMBER 7 (cont’d)

19 Options for Developers Seeking Capital

Under the EB-5 Visa Program

Mr. Klasko

With sources of capital drying up or frozen, developers

around the country are turning to the EB-5 green card

program to fund new projects. The program is simple

to understand. Foreign investors can get a fast track

green card to live in the US by investing in projects

that create jobs. Learn the “ins” and “outs” of the EB-5

program and what real estate lawyers should know to

better advise their real estate clients who might wish

to take advantage of this program.

20 Making Sense of Energy Efficiency and

Renewable Energy

Mr. Effron, Ms. Gotanda, Mr. Manko & Mr. Slensky

Need help understanding the rapidly expanding

areas of energy efficiency and renewable energy,

including solar and wind power? We will cover the

regulatory drivers and market incentives fueling the

drive toward new approaches to energy use. We’ll also

discuss key considerations in project development and

implementation, including typical business concerns,

structuring options, siting and environmental issues,

risk allocation, legal documents, financial incentives

and tax credits.

3:30 – 4:30 pm 4 CHOOSE ONE

21 Receivership…The Remedy for

Distressed Assets in Foreclosure

Mr. Toppin

When a property is in distress and pending foreclosure

the court may appoint a receiver who is generally

given exclusive control and management of the asset.

A receiver must juggle the interests of numerous

parties including the court, the municipality,

mortgagors, mortgagees, occupants, creditors and

any employees of the property. Learn more about the

developing body of law surrounding receivership and

find out why so many lenders are petitioning courts to

appoint receivers in mortgage foreclosure situations.

22 The State of Real Estate: Where We Are

and Where We Go From Here

Mr. Nahas

Mr. Nahas is Vice President of Institutional Marketing

and Investor Relations for BPG Properties, Ltd. BPG is a

private equity real estate fund manager with a proven

track record in the acquisition, development and

investment management of all major property types

throughout the United States. Mr. Nahas will address

a number of the factors influencing our current

economic condition and discuss the commercial

and residential real estate opportunities in both the

current economic cycle and longer term.

23 Mobile Homes – Rights, Sales, Leases,

Evictions, Neighbor Problems & Other

Issues

Mr. Malkames

This new topic for the Institute will cover PA’s Mobile

Home Park Rights Act, focusing on rents and fees, rules

and regulations, sales, evictions and other issues for

attorneys who represent owners of mobile homes or

parks.

24 “Real Life” Ethics Lessons for

Real Estate Attorneys (repeat of #12)

Mr. Miller

ETHICS

25 “Green” Building Risk Management

Strategies

Mr. Brogan & Mr. Merker

As sustainability standards are heightened across the

country, many construction or real estate firms are

engaged in a sustainable project that incorporates a

Leadership in Energy & Environmental Design (LEED)

certification level requirement. We will outline key

“Green” Building risk management strategies

with a focus on contractual and insurance related

issues from the perspective of owners, contractors

and risk managers.

Great mix of topics from which to customize your own program!

SESSION DESCRIPTIONS – THURSDAY, DECEMBER 8

8:30 – 9:30 am 4 KEYNOTE ADDRESS

Planning for Land Use, Transportation

and Economic Development in a Changing

Region

Mr. Bickel

Within the context of the goals and policies in Delaware

Valley Region Planning Commission’s adopted Year 2035

long range plan, this presentation will provide an overview

of trends, forecasts and plans for the bi-state, Greater

Philadelphia region, including the setting for planning and

key region issues, planning concepts and lessons learned

that are broadly applicable to communities and regions

throughout Pennsylvania.

9:45 – 10:45 am 4 CHOOSE ONE

26 Title Insurance Policies – What Do They

Cover (and Not Cover)?

Mr. Scaggs & Ms. Violi

We’ll discuss some of the common title defects which

are covered by standard owner’s title insurance

such as forged deeds, incorrect legal descriptions,

improper recording of deeds. And we’ll address

the newer enhanced coverage policies which cover

many situations excluded by standard policies such

as building permit violations, adverse possession or

prescriptive easements, building encroachments,

incorrect surveys, and pre-existing violations of

subdivision, zoning laws, and restrictive covenants.

27 Public Art: Learn the Law and Tour the

Results

Ms. Berg, Ms. Guerrero, Ms. Kutler & Mr. Scafidi

Philadelphia has one of the oldest and most successful

public art programs in the nation. Learn about the

rules for art commitments in government-related

projects as well as the documents you may need to

implement your proposals. You will also enjoy an

image tour of some of the City’s most iconic public art.

28 Dos and Don’ts of Health Care Leases

Mr. Gosfield & Mr. Shay

Medical services are inexorably being forced out of

hospitals and medical office buildings into the retail

market place. Leasing lawyers are confronted with

new issues which arise out of health care enterprises.

We will review regulatory and business issues that

shape the negotiation dynamic, and will focus on hot

button provisions in leases to health care providers.

29 Fundamentals of Real Estate Tax

Assessment Appeals & General

Real Estate Tax Minimization Strategies

Mr. Laver & Mr. Piper

Much of this session’s focus will be on real estate tax

considerations in Philadelphia. But you will learn

the procedures and general deadlines for perfecting

appeals to the local boards of assessment appeals.

Discussion will include time of filing, local rules of

filing and contents of appeal pleadings. Also review

how to weigh whether or not to file an appeal; when

independent appraisal reports are required; and the

procedures/practice regulations before the individual

boards of assessment. You’ll learn how to effectively

present compelling evidence before the boards.

30 What Every Real Estate Lawyer Must

Know About Marcellus Shale

Mr. Borsack

The Marcellus Shale movement is real and presents

a myriad of issues that real estate lawyers must be

aware of. In this session we shall explore together the

growth in Marcellus Shale activity, what is driving the

meteoric increase in the pace of activity, the fracking

process and the issues presented to landowners

whether involved in exploration or not.

11:00 am – 12:00 noon 4 CHOOSE ONE

31 Top 10 Title Endorsements…& The Other

Ones Too

Mr. Angelo

Learn about the most common title insurance

endorsements. You’ll come away with a clear

understanding of how, when and why to use each one.

32 Real Estate Valuations: The Approaches,

Rules & Litigation Strategies

Mr. Acquaro-Mignogna, Mr. Goodman & Mr. Varner

What factors are currently being taken into

consideration when valuing property? Do the old rules

still apply given the upheaval in the real estate market

over the last several years? Attend this session for a

review of the approaches and rules. You’ll also watch

a mock examination of an appraiser on the witness

stand and pick up litigation strategies.

33 Residential Lease Problems & Remedies

Ms. Kupersmith

Various federal, state and local laws and ordinances

define the landlord tenant relationship. What remedies

are available if a landlord or tenant fails to carry out

a duty? Who regulates landlords’ and tenants’ rights

and duties? Get an overview of residential landlord

and tenant claims that often go before the judges, and

obtain useful tips to navigate the legal system as it

relates to landlord and tenant cases.

34 Getting Kicked While You’re Down! Tax

Aspects of Real Estate Workouts

Mr. Reiter

Learn how to deal with income tax issues around loan

workouts or property abandonments, foreclosures or

deeds in lieu of foreclosure.

(more 4)

7


SESSION DESCRIPTIONS – THURSDAY, DECEMBER 8 (cont’d)

35 The Fracking and the Fury: An

Update to Pennsylvania’s Approach

to Environmental Regulation of the

Natural Gas Industry

Mr. Weiss

Extraction of natural gas from the Marcellus Shale

formation speeds along while Pennsylvania continues

to retool environmental law and regulation to meet

technological advances in oil and gas exploration

and the dizzying pace of oil and gas development.

This session will drill down into Pennsylvania’s latest

efforts through enforcement, and through recent

amendment of existing regulations, to address negative

environmental consequences of the gas rush while

preserving the economic benefits of the gas boom to

the Commonwealth.

1:00 – 2:00 pm 4 CHOOSE ONE

36 Easements: Creation, Use and

Termination

Ms. Geraghty & Mr. Yarsky

Analyze how easements are created, how they can be

used, who can use them, for what purpose, and how

they can be terminated or extinguished.

37 Safe Flying in the Clouds

ETHICS

Mr. Siegel

Cloud computing, the act of using software and storing

data on the Internet instead of a firm’s physical

location, can boost efficiency, improve work product,

and cut costs at firms large and small. As a result,

lawyers are using this innovative technology with

increasing frequency. Because of uncertainty about

the ethical responsibilities of client confidentiality and

privilege, many lawyers are reluctant to embrace the

cloud for their computing needs. This session will offer

tips, precautions and advice about how to keep client

data safe in an ethical way.

38 New FASB Rules for Lease Accounting

Mr. Giugliano

The Financial Accounting Standards Board (FASB) has

proposed taking operating leases out of the footnotes

of financial statements and placing them on corporate

balance sheets, a change that would increase debt

levels and, in the near term, reduce reported earnings

at many large corporations. FASB’s proposal would

consider the present value of all operating-lease

payments and financing costs as debt. Final rules are

expected from FASB by year end. Learn how this could

affect companies beginning in 2013.

39 Tax Planning Tips for Real Estate

Lawyers (repeated in #49)

Mr. Sedlack

An experienced and well-known tax attorney,

Mr. Sedlack will share his most current tax planning

tips for real estate professionals. Fast paced and

up-to-the-minute, his session will fill you in on all the

latest tax-saving measures and accounting do’s and

don’ts for your real estate clients. From the latest IRS

regulations to wise legal investment strategies, you will

come away with a bounty of practical tax information.

40 PA Oil & Gas Laws – How Will They

Compare to Those in Texas, Oklahoma,

Ohio and West Virginia?

Mr. Dowd, Mr. McKeen, Mr. Schetroma & Mr. Snell

Pennsylvania lawyers are involved in the exciting

project of building a law of oil and gas in the midst of

one of the nation’s most dynamic energy projects. To

do their jobs competently, Pennsylvania lawyers need

to understand oil and gas issues and how those issues

have been resolved in other producing states. Join a

team of experts to discuss these issues.

2:15 – 3:15 pm 4 CHOOSE ONE

41 What Every Real Estate Lawyer Needs

to Know About Dodd-Frank and Its

Effect on Residential Real Estate

Transactions

Mr. Schieber & Mr. Woodburn

Hear a summary of the numerous and significant

changes brought on the residential real estate

community by Dodd-Frank, including discussion of

new loan servicing and origination requirements,

licensing and insurance restrictions. Both enacted and

pending regulatory changes will be discussed.

42 New Philadelphia Zoning Code

Mr. Kelsen & Mr. Pollock

Philadelphia is on the verge of adopting a gamechanging,

entirely new zoning code. You will explore

the new world of zoning in Philadelphia.

43 Commercial Real Estate Assignments

and Subletting

Mr. A. Silverman

In today’s down economy, tenants may find themselves

with excess space that they no longer need and

cannot afford. Assigning the lease to a new tenant

or subletting a portion of its premises may be the

best option for the tenant, but such transactions

present risks and challenges for all parties involved.

Learn about the issues facing landlords, tenants and

subtenants/assignees in lease assignment and sublease

transactions. We will examine the competing interests

involved and discuss some of the protections that each

party can pursue to reduce its exposure.

44 Realty Transfer Tax Update

Mr. Brenner & Mr. Lamperski

We will provide a general overview of the

Pennsylvania realty transfer tax with emphasis

on recent developments, including a review of

the applicability of the realty transfer tax to oil &

gas transactions and the Department of Revenue’s

[proposed] amendments to the realty transfer tax

related to leases, acquired company rules, turnkey

projects and transfers between former spouses.

45 Litigating Disputes Between Adjoining

Property Owners

Mr. Tupitza

Disputes between neighbors can be bitter. Whether it’s

a protruding tree branch or the interplay of multiple

adverse land uses over 21 years, learn what legal

advice to give your client and how to litigate these

volatile conflicts.

3:30 – 4:30 pm 4 CHOOSE ONE

46 Step by Step Guide to the Foreclosure

Process

Mr. Hladik

Nationwide, we find ourselves in a foreclosure

crisis on a scale this country has never experienced

before. Learn about the full range of non-bankruptcy

foreclosure defense goals, strategies and theories. You

will discuss loan work-outs, pre-foreclosure notice

under Act 6 and Act 91, the court diversion program,

the procedural stages of a foreclosure case and

substantive defenses to foreclosure.

47 Social Media & Ethics

Mr. Siegel

Lawyers and clients are using social media – websites

such as Facebook, LinkedIn and Twitter – with

increased frequency. As a result, lawyers must be

aware of the legal, ethical and privacy limitations that

impact their use of these media, and their clients’.

In addition, the contents of postings on social media

websites have become a central focus of litigation, and

lawyers must be aware of how to advise their clients.

This session will provide an overview of the issues

attorneys must consider along with practical advice

about this quickly changing aspect of their practices.

48 The Tenant’s Top 20 Countdown:

Staying in Tune

Mr. Tobolsky

Join veteran speaker and real estate attorney Frank

Tobolsky in this energetic, fast-paced and fun

presentation. You’ll learn how to identify and negotiate

the most critical commercial lease issues in “record

time.”

49 Tax Planning Tips for Real Estate

Lawyers (repeat of #39)

Mr. Sedlack

50 Self Storage Facilities: Buying, Selling

and Enforcement Issues

Mr. Smith

Learn about the specific issues surrounding the

sale and purchase of self storage facilities and the

enforcement of non-payment by tenants under the

Self-Service Storage Facility Act.

If you practice in any area involving real property, you will enjoy

this seminar. Speakers are the best in their field – learn their tips

and save your clients money!

Essential information and updates for any real estate broker or

any attorney whose practice touches on real estate

Register now! 800-247-4PBI (4724) | www.pbi.org

ETHICS

8


Institute Planning Team

Andrea Geraghty, Esq.

Ms. Geraghty is the founding member of Geraghty & Associates, a law firm

focused on real estate and business services representing clients throughout

Pennsylvania. She concentrates her practice in all facets of real property law,

both transactional and litigation, and is a member of the American College

of Real Estate Lawyers, has been identified in Best Lawyers in America,

was similarly honored by Pittsburgh Magazine, and has been selected for

inclusion in Pennsylvania Super Lawyers®.

Blair H. Granger, Esq.

The Granger Firm in Paoli handles numerous construction defects and

failure to disclose cases in the courts of Pennsylvania. Mr. Granger

represents real estate and commercial brokerages, developers and builders,

landlords and tenants, homeowners, and business owners and individuals

in sophisticated transactions or litigation. He also handles claims on behalf

of several major title insurers and has litigated numerous complex title

claims. He is a widely recognized expert on real estate issues and frequent

lecturer on real estate topics.

Kudos and thanks

to the dedicated

members of our

planning team

who have worked

many hours to

develop and

shape this year’s

outstanding

Institute.

Richard M. Heller, Esq., CCIM, CES

Mr. Heller is a practicing attorney in Media with an extensive practice in

real estate and is also president of R.E.I. Consultants, Ltd., a 1031 qualified

intermediary company. A national lecturer, he is a fellow of the American

College of Real Estate Lawyers and holds the prestigious CCIM designation of

the Commercial Investment Real Estate Council of the National Association

of Realtors. He is also a Certified Exchange Specialist, a certification of the

Federation of Exchange Accommodators.

Marilyn Z. Kutler, Esq.

Ms. Kutler is a partner in the Philadelphia office of Schnader Harrison Segal

& Lewis, LLP. Her practice centers on real estate and related government

contracts, with an emphasis on complex public, private and institutional

projects, particularly including transactions involving a mix of governmental

units and for-profit and non-profit entities. Her practice also includes the

drafting and analysis of legislation, and she has worked extensively with

federal, state, and local government grant and loan programs.

Great faculty,

useful topics and

the chance to

meet and mingle

with fellow

practitioners!

Every lawyer in a

business practice

will learn critical

information by

attending this

program

Tina R. Makoulian, Esq.

Ms. Makoulian is a partner in the Real Estate Department and practice

leader of the Zoning and Land Use Group at Ballard Spahr in Philadelphia.

She concentrates her practice in the areas of complex real estate

development, acquisition and disposition of commercial properties,

commercial leasing, and zoning and land use. She is a fellow of the American

College of Real Estate Lawyers and named to Chambers USA: America’s

Leading Lawyers for Business and Best Lawyers in America in real estate law.

9


Our Talented Faculty

Michael J. Acquaro-Mignogna, MAI

Mid-Atlantic Valuation Group, Inc., Wayne

Richard A. Angelo, Esq.

First American Title Insurance Company, King of Prussia

Margot Berg

City of Philadelphia Public Art Program, Philadelphia

Richard G. Bickel, FAICP

Delaware Valley Regional Planning Commission

Philadelphia

Melissa S. Blanton, Esq.

Schnader Harrison Segal & Lewis, LLP, Philadelphia

William G. Booth

Capital One Bank, King of Prussia

Scott P. Borsack, Esq.

White and Williams, LLP. Philadelphia

John D. Brenner, Jr., Esq.

Pennsylvania Department of Revenue, Harrisburg

Sean H. Brogan, Esq.

The Graham Company, Philadelphia

Pelayo Coll, Esq.

Blank Rome, LLP, Philadelphia

Timothy Dowd, Esq.

Elias Books Brown & Nelson, PC, Oklahoma City, OK

Stuart F. Ebby, Esq.

Hangley Aronchick Segal Pudlin & Schiller, Philadelphia

Daniel L. Effron, CPA

Marcum, LLP, Bala Cynwyd

Ellen M. Enters, Esq.

Fox Rothschild, LLP, Blue Bell

Joseph S. Finkelstein, Esq.

Blank Rome, LLP, Philadelphia

Mitchell H. Frumkin, PE, RS, CGP

Kipcon, Inc., North Brunswick, NJ

Gregory Giugliano, CPA

Marcum, LLP, Melville, NY

James L. Goldsmith, Esq.

Caldwell & Kearns, PC, Harrisburg

Bert M. Goodman, Esq.

Of Counsel, McNees Wallace & Nurick, LLC, Wayne

Gregory G. Gosfield, Esq.

Klehr Harrison Harvey Branzburg, LLP, Philadelphia

Brenda Hustis Gotanda, Esq., LEED AP

Manko Gold Katcher & Fox, LLP, Bala Cynwyd

Marshal Granor, Esq.

Granor & Granor, PC, Horsham

Gary L. Green, Esq.

Archer & Greiner, PC, Haddonfield, NJ

Julia Guerrero

Redevelopment Authority of the City of Philadelphia

Robert W. Gundlach, Jr., Esq.

Fox Rothschild, LLP, Warrington

Juliann N. Hickey, Esq.

Title Resources Guaranty Company, Philadelphia

Stephen M. Hladik, Esq.

Kerns Pearlstine Onorato & Hladik, LLP, Upper Gwynedd

Joy Abbot Inkpen, Esq.

First American Title Insurance Company, Quakertown

Marjorie Stern Jacobs, Esq.

Ballard Spahr, LLP, Philadelphia

Peter F. Kelsen, Esq.

Blank Rome, LLP, Philadelphia

H. Ronald Klasko, Esq.

Klasko Rulon Stock & Seltzer, LLP, Philadelphia

Susan J. Kupersmith, Esq.

Sirlin Gallogly & Lesser, PC, Philadelphia

Hon. William H. Lamb

Lamb McErlane, PC, West Chester

Blaine A. Lamperski, Esq.

Cohen & Grigsby, PC, Pittsburgh

Adam E. Laver, Esq.

Blank Rome, LLP, Philadelphia

Mark R. Malkames, Esq.

Malkames Law Offices, Allentown

Joseph M. Manko, Esq.

Manko Gold Katcher & Fox, LLP, Bala Cynwyd

Joseph J. McGrory, Jr., Esq.

Hamburg Rubin Mullin Maxwell Lupin, PC, Lansdale

Timothy M. McKeen, Esq.

Steptoe & Johnson, PLLC, Wheeling, WV

Dave Merker, LEED

The Graham Company, Philadelphia

Samuel D. Miller, III, Esq.

Lansdale

J. Edmund Mullin, Esq.

Hamburg Rubin Mullin Maxwell & Lupin, PC, Lansdale

Margaret O. Murphy, Esq.

Pennsylvania Department of Environmental Protection

Harrisburg

Joseph G. Nahas, Jr., CRE

BPG Properties, Ltd, Philadelphia

Michael Piper, CPE

Office of Property Assessment, Philadelphia

Stephen G. Pollock, Esq.

Montgomery McCracken Walker & Rhoads, LLP

Philadelphia

Maury B. Reiter, Esq.

Kaplin Stewart Meloff Reiter & Stein, PC, Blue Bell

Jonathan E. Rinde, Esq.

Manko Gold Katcher & Fox, LLP, Bala Cynwyd

Alan S. Ritterband, Esq.

Ballard Spahr, LLP, Philadelphia

Nicholas J. Scafidi, Esq.

Redevelopment Authority of the City of Philadelphia

David J. Scaggs, Esq.

The Granger Firm, Paoli

Russell L. Schetroma, Esq.

Steptoe & Johnson, PLLC, Meadville

Paul H. Schieber, Esq.

Stevens & Lee, PC, King of Prussia

David M. Scolnic, Esq.

Hangley Aronchick Segal Pudlin & Schiller, Philadelphia

Joseph M. Sedlack, Esq.

Reed Smith, LLP, Philadelphia

Daniel F. Shay, Esq.

Alice G. Gosfield and Associates, PC, Philadelphia

Daniel J. Siegel, Esq.

Integrated Technology Services, LLC, Havertown

Adam M. Silverman, Esq.

Cozen O’Connor, Philadelpha

Lee C. Silverman, Esq.

Pennsylvania Department of Transportation

King of Prussia

Hon. Robert E. Simpson

Commonwealth Court of Pennsylvania, Nazareth

Brett E. Slensky, Esq.

Manko Gold Katcher & Fox, LLP, Bala Cynwyd

Charles F. Smith, Jr., Esq.

Tallman Hudders & Sorrentino

PA Office of Norris McLaughlin & Marcus, PA, Allentown

George A. Snell, III, Esq.

Snell Law Firm, Amarillo, TX

Richard Brent Somach, Esq.

Tallman Hudders & Sorrentino

PA Office of Norris McLaughlin & Marcus, PA, Allentown

Neil A. Stein, Esq.

Kaplin Stewart Meloff Reiter & Stein, PC, Blue Bell

Steven L. Sugarman, Esq.

Steven L. Sugarman & Associates, Berwyn

Frank N. Tobolsky, Esq.

Law Offices of Frank N. Tobolsky, PC, Philadelphia

Sherman C. Toppin, Esq.

Sherman Toppin Law Firm, LLC, Philadelphia

James S. Tupitza, Esq.

Tupitza & Associates, PC, West Chester

Randy L. Varner, Esq.

McNees Wallace & Nurick, LLC, Harrisburg

Lisa A. Violi, Esq.

First American Title Insurance Company, King of Prussia

Harry R. Weiss, Esq.

Ballard Spahr, LLP, Philadelphia

William Womer

Wells Fargo Home Mortgage, West Chester

Brett M. Woodburn, Esq.

Caldwell & Kearns, PC, Harrisburg

Kenneth J. Yarsky, II, Esq.

Sherrard German & Kelly, PC, Pittsburgh

10


Four Easy Ways

to Register!

MAIL:

PBI, 5080 Ritter Rd.

Mechanicsburg, PA

17055-6903

PHONE:

(717) 796-0804

(800) 247-4724

(800) 932-4637

FAX:

(717) 796-2348

Philadelphia • Wed. & Thurs., Dec. 7–8, 2011

Tuition – Attending Two Days

(Includes course books or CD-ROMs, continental breakfasts,

refreshment breaks and luncheons)

Wednesday, December 7 & Thursday, December 8

$575

REGISTER EARLY!

Members — Pa., or any co. bar assn.

3778A

Send in your registration before Nov. 7, 2011 to take advantage of these discounts!

Tuition – Attending One Day

(Includes course book or CD-ROM, continental breakfast,

refreshment breaks and luncheon)

Wednesday, December 7 Thursday, December 8

$325

Members — Pa., or any co. bar assn.

ONLINE:

www.pbi.org

$525 Members admitted after 1/1/07

$650 Nonmembers

$325 Paralegals attending with an attorney

$295 Members admitted after 1/1/07

$350 Nonmembers

$175 Paralegals attending with an attorney

CLE Credits

Each day of this Institute has been approved

by the Pennsylvania Continuing Legal

Education Board for 6 hours of CLE credit.

Workshop choices will determine whether

credits are in substantive law, practice and

procedure or ethics, professionalism or

substance abuse.

CPA Credits

The Pennsylvania Bar Institute has been

accepted as a program sponsor by the

Pennsylvania State Board of Accountancy

and the State of New Jersey Board of

Accountancy. This program qualifies for a

maximum of 7 hours of continuing education

credit each day.

Registration Policy

Walk-in registrations will be accepted on

a space-available basis. Pre-registered

customers receive priority on the distribution

of course materials. Those intending to

register at the door should check pbi.org or

call (800) 247-4724 to ensure that the course

has not sold out and that there have been no

schedule changes.

Registration Confirmation

Be sure to include your email address on the

registration form to receive a confirmation.

Expedite your check-in by bringing this

confirmation to the Forum, but it is not

required for admission.

Registration Transfers

Requests for transfers will be honored if they

are received prior to the date of the course.

Cancellation Policy

In order to receive a refund for cancellation

(less a $25 administrative fee), you

must notify PBI by mail or FAX no later

than 2 working days prior to the course

presentation date for the appropriate site.

Otherwise, you will receive the course

materials in full consideration of tuition paid.

Weather Related Cancellations

Check www.pbi.org or call (800) 932-4637

ext. 2205.

Scholarships

PBI offers substantially reduced tuition

for most PBI seminars to allow attorneys

experiencing financial hardship to fulfill

their mandatory education requirement.

For details and an application, contact

Scholarship Administrator at scholarships@

pbi.org or (800) 932-4637 Ext. 2284 at least

30 days before the program. Go to pbi.org

and click the Scholarship link for instructions

on applying, and to print a scholarship

application form.

Services for Persons with

Disabilities

If special arrangements are required, contact

Customer Service at (800) 932-4637 at least

ten days prior to the presentation date.

Faculty Substitution

PBI reserves the right to substitute any

speaker at any time.

$425

$275

CD-ROM or Book Available

One copy of the Institute materials is included for the day(s) of your registration. Please specify whether you wish to have the CD-ROM

or printed version. You cannot change your selection on-site; however, you can purchase either the CD-ROM or printed versions for

just an additional $50. If no preference is specified, you will receive the CD-ROM.



Paralegals attending alone

Judges and judicial law clerks

$250 Judges and judicial law clerks admitted after 1/1/07

– Fees increase by $50 after Nov. 7, 2011 –

I am registering after Nov. 7 and have enclosed a payment of:

____________________________________

I’d like the CD-ROM VERSION (CR-6731) of the Institute materials.

I’d like the PRINTED VERSION (2011-6731) of the Institute materials.

I cannot attend, but would like to purchase the:

COURSE BOOK (2011-6731): $149

Include $6.00 shipping and $9.30 sales tax for a total of $164.30

CD-ROM (CR-6731): $149

Include $6.00 shipping and $9.30 sales tax for a total of $164.30

COURSE BOOK and CD-ROM (CRS-6731): $199

Include $6.00 shipping and $12.30 sales tax for a total of $217.30

Name _____________________________________________________________________________________________________________Atty. #________________________________

Firm_______________________________________________________________________________________________________________________________________________________

Address_________________________________________________________________________________________________________________________________________________

City______________________________________________________________________________________________________________State__________Zip______________________

Email______________________________________________________________________________________________________________________________________________________

Phone_______________/_______________-_________________________________________FAX_______________/_______________-_________________________________________

I have enclosed my discount coupon in the amount of $_______________ for my 1st 2nd 3rd 4th 5th seminar.

A check made payable to PBI for $____________ is enclosed.

Charge my:

$200

$150

Paralegals attending alone

Judges and judicial law clerks

$140 Judges and judicial law clerks admitted after 1/1/07

– Fees increase by $25 after Nov. 7, 2011 –

I am registering after Nov. 7 and have enclosed a payment of:

____________________________________

If you are ordering course materials separately,

please allow two weeks after the course for the

shipment of books and four to six weeks for

the shipment of CDs and book/CD sets.

Course Material Return Policy

A 10-day return privilege applies to all book

orders, less a handling & restocking fee of

$6.00. The return privilege does not apply to

DVDs, CDs, or tapes; however, we will be happy

to replace any defective disks or tapes at no

cost to the customer.

clw/bkt

10/3/11

Card #________________________________________________________________________________________________________ Exp. Date_________________________________

Signature_______________________________________________________________________________________________________________________________________________

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