39th Annual Real Property Spring Conference

Welcome to the 39th Annual Real Property Law Section’s Spring Conference and Cannabis Law Symposium! We are so grateful to have each and every one of you attend this event and we are excited for all of the things that the Real Property Law Section has planned for you. When we started brainstorming this event, we decided we wanted to try some new things this year. In collaboration with several other CLA sections, we formulated the idea of hosting the Cannabis Law Symposium in conjunction with the Spring Conference. The Symposium is a single day track of MCLE programming focused on cannabis law topics on Saturday, April 25, thanks to the help and collaboration of our fellow CLA sections. All attendees of the conference are welcome to attend the Cannabis Law Symposium seminars as part of their conference registration.

We will kick the conference off on Thursday evening with our welcome networking reception with hosted food and beverages. We have amazing keynote speakers you won’t want to miss. On Friday at lunch, we welcome David Kelly, the Vice President of Business and Basketball with the Golden State Warriors who will be speaking on diversity in the profession. For Saturday’s lunch during the Cannabis Law Symposium, Jessica McElfresh, a San Diego attorney, will be speaking on the ethics of representing cannabis clients and sharing her story involving attorney-client privilege. We will have a wine law seminar on Friday afternoon followed by wine tasting featuring various local wineries, and a reception to follow. The conference will conclude on Saturday evening with a grand closing dinner and cocktail reception.

As lawyers, we work hard every day in our jobs to achieve success, money, and notoriety. It is no surprise that achieving these goals often comes at the cost of stress, anxiety and sleepless nights. Too often, we forget to focus on our personal health and well-being, which somehow gets brushed aside in the legal profession. The legal industry has trained us to become emotional and analytical counselors for our clients which can be draining, demands us to meet deadlines and rigid time schedules, and encourages spending long hours in the office. Our careers often don’t promote a healthy work-life balance, or the mindset of putting our personal health first. In this light, we wanted to dedicate this year’s conference to the theme of “mindfulness.” Taking time out of our busy schedule to meditate, exercise, eat healthy, and establish meaningful relationships will go a long way in making a positive impact on our emotional well-being and overall sense of happiness in life. We are thrilled to be able to offer attendees of the Conference complimentary yoga sessions, morning running groups, and meditation sessions which we hope you all will take advantage of. Additionally, we are excited to have Ritu Goswamy, an attorney and productivity consultant who will be presenting her seminar on “The New Billable Hour” which focuses on incorporating mindfulness into your legal practice to increase productivity. We also welcome esteemed attorney, Gary Laturno, who will be speaking on the topic of “How not to Die” and healthy life changes that can help us live longer. We can truly make positive change happen, and shift our mindset and how we approach our profession if we are willing to implement the small changes in our daily lives that can make a big difference. We hope you enjoy the conference.

Ticketed Event 29, RSVP required, see registration form

Join Real Property Law Section for an opening night reception inside of the beautiful Westin St. Francis Collanade room. Complimetary food and drink will be served while you get to know one another!

RSVP required, see registration form

Start your morning off with a nice run throughout downtown San Francisco. The team will meet in the lobby of the Westin by the Clocktown, run for 3 miles and return back to the hotel.

RSVP required, see registration form

Running not your thing? We have yoga and meditation for you. Join Real Property for a 45 minute yoga session followed with 10 minutes of meditation with a local San Franciscan yogi!

RSVP required, see registration form

Join the Real Property Law Section for an opening breakfast to kick off a full day of continued education.

Ensuring Compliance with AB 1482-California’s New Statewide Rent and Eviction Control Laws

In efforts to maintain housing affordability and to further prevent displacement of tenants, eviction control and rent control took effect throughout the State of California January 1, 2020.  This course will cover the new statewide legislation and discuss its impacts on landlord-tenant relationships including: new limits on amounts landlords can increase a tenant’s rent each year; new prohibition on terminating a tenancy without “just-cause” ; exemptions from the new rent control and eviction control provisions; and the impact on existing rent controlled cities. With these new laws taking effect throughout the entire state, all California attorneys practicing in real estate and landlord-tenant law must be familiar with the changes.

MCLE: 1.25 Hours
Speaker(s): Jaimie Bombard, Olivia Dopler, Anna Liu

Don’t Touch that Dial! It May be Hazardous

This presentation will provide legal and regulatory updates and discuss emerging issues associated with hazardous building materials and indoor air quality that impact real estate purchase and sale, renovation, demolition and new construction. Topics include: PCB use in historic building materials is much more wide spread that previously thought and new State agency and local regulations are being enacted to address this. Additionally, the USEPA has stepped in to exercise jurisdiction in local renovation and demolition projects involving PCBs, so knowing when they do or do not need to be notified is important. How new studies have identified indoor air quality issues associated with new building materials, including green, “VOC Free” materials. Current state of practice regarding the assessment, management and cleanup of hazardous building materials.

MCLE: 1.25 Hours
Speaker(s): Michael Van Brunt, David Dixon, Letitia Moore

AB 5 & Independent Contractors- What you Need to Know

AB 5 effective January 1, 2020 imposes substantial changes on independent contractor relationships.  This session will explore how AB 5 changed the landscape for independent contractors and businesses, potential liabilities arising from the law, and risk mitigation going forward.

MCLE: 1.25 Hours
Speaker(s): Chantelle Egan, Eric Lloyd

Sharp Edges and Rough Spots in Title Insurance: How to Avoid 11th Hour Surprises and Assure a Smooth Closing

A unique opportunity to learn how current hot issues affecting title insurance coverage are analyzed by Underwriting Counsel from major title insurance companies. Understand how title policies and endorsements provide coverage for encroachments and easements. Learn about the changes in mechanic’s lien coverage in the post-recession environment. Hear from Underwriting Counsel on what they are looking for in probate, bankruptcy, receivership and other court orders. Avoid the last minute crisis by understanding what a title company reviews when your client is an artificial entity.

MCLE: 1.25 Hours
Speaker(s): Norman Chernin, Jerry Chalmers, Laura Lowe, Rosalind McCaskill

Review of 2019 California Legislative Highlights

We will cover significant legislation affecting real property and real property law practitioners enacted in California in the prior year that became effective as of January 1, 2020 as well as discuss the most significant new legislation that has been introduced since then that is under consideration by the California legislature. 

MCLE: 1.25 Hours
Speaker(s): Michael Maurer, Robert McCormick

Ethical Marketing and Branding in a Digital Age

Digital branding strategies are crucial for all practitioners.  The modern attorney needs effective strategies for building online networks and this presentation will provide an understanding of best practices in social media and web-based marketing, including dealing with online review sites and techniques for staying top-of mind with your contacts while also focusing on the ethical obligations of an attorney engaging in any type of marketing. The panelists will also address the updates to the California Rules of Professional Conduct as they pertain to attorney advertising while exploring what make sense from a marketing perspective and what is legal from an ethics perspective.

MCLE: 1.25 Hours Legal Ethics
Speaker(s): Kristen Marquis Denis

Ticketed Event 33, RSVP Required, see registration form

Join us for a discussion with David Kelly, the Chief Legal Officer, Business and Basketball for the Golden State Warriors, as he discusses his career path, the importance of mentors and champions to a successful legal career, and diversity in the legal profession: where we are, where we are going and what each of us can do to increase diversity in the profession.

MCLE: 1.0 Hour Elimination of Bias
Speaker: David Kelly, Chief Legal Officer, Business & Basketball, Golden State Warriors

The Good, The Bad and the Ugly of Evictions

This panel will discuss, from both the landlord and tenant perspective, how to navigate residential unlawful detainers in California and the impact of the new rent control laws on evictions.  It will also discuss how to navigate unlawful detainers involving post foreclosure and investment properties in California, discrimination in rental advertising under the new Section 8 housing laws, and discrimination regarding income qualifications and accepting subsidized tenancies under new California laws and resulting lawsuits.

MCLE: 1.25 Hours
Speaker(s): Rachael Callahan, Christian Curry, Michel Olinkik

Four Critical Questions in a Chronological Approach to Analyzing Work Letters

What questions should you be asking when reviewing work letters? Two leasing attorneys help simplify work letters by taking a chronological approach to analyzing this often tricky, often critical, lease exhibit. By dividing the project into planning, construction, post-construction and post-commencement phases, practitioners can guide their clients by focusing their review on a single question for each phase. Issues to be covered include approval and timing logistics, tenant delays, improvement allowances, determining substantial completion and more.

MCLE: 1.25 Hours
Speaker(s): Laura Drossman, Seagrumn Gilbert

Performing Nonlegal Services? Mind Your Ethical Duties

What duties do lawyers have when providing services other than legal services?  This program will explore the duties lawyers have when serving in another capacity, such as a broker or trustee.  This program also will delve into the formation of lawyer-client relationships, even when unintended.

MCLE: 1.25 Hours Legal Ethics
Speaker(s): Merri Baldwin, Rachelle Cohen

Practical Advice for Representing Clients in the Sale and Lease of Real Estate for Cannabis Use

Whether property is currently being used for cannabis purposes or in intended to be used for such purposes, and whether the property is for sale or lease, the unique nature of the cannabis industry means that lawyers will inevitably be called upon to consult on a plethora of legal issues.  Attend this presentation to learn what you know, and more importantly, what you don’t, and how to issue spot and advise your clients effectively.  What types of clauses should a landlord or tenant include?  What difference does it make if the property is/to be used for retail, wholesale or manufacturing purposes?  What type of activity is government regulation directed at?

MCLE: 1.25 Hours
Speaker(s): Ariana Alstine, Neil Kalin, Katy Young

What Capital Gain? A Survey of Cutting-Edge Techniques to Defer, Reduce or Eliminate Federal Capital Gains Tax

Program will include an in-depth look at tax planning strategies ranging from the old Sec. 1031 Exchanges and Installment Sales to the relatively new Qualified Opportunity Zone investments and strategic use of cost recovery deductions for real estate. In addition to tax savings, the panel will touch on the economic advantages and disadvantages of these techniques.

MCLE: 1.25 Hours
Speaker(s): Teresa Fluegel, Edward Kaplan, W. Stephen Wilson

How Not to Die: I thought I was Healthy, what I learned changed my life forever

Bad news: The numbers do not look good! The U.S. spends almost 50% of total world expenditures on health care but ranks last among all developed nations in longevity and status of health. Our number one killer, vascular disease (heart attacks & stokes) results in 840,000 deaths a year or 2,300 deaths a day! Good news: “Vascular disease is a paper tiger and can easily be prevented and reversed by making simple life style changes.” Caldwell Esselstyn, Jr., M.D., Cleveland Clinic. I can personally attest to the accuracy of this quote. Substantially all chronic disease, breast, colon, prostate cancer and diabetes, among others, is preventable and can be arrested and reversed by making simple life styles changes! “Adopting a healthy lifestyle changes how genes function, turning on genes that keep us healthy and turning off genes that cause chronic disease.” Dean Ornish, M.D., University of CA, San Francisco, author, “Undo It – How Simple Lifestyle Changes Can Reverse Most Chronic Diseases”. “Genes are the seeds; life style is the fertilizer.” T. Colin Campbell, Ph D, Professor Emeritus, Cornell University, Director, “The China Study”.

MCLE: 1.25 Hours Competence
Speaker(s): Gary Laturno

The speakers will address some of the unique real estate issues related to California wineries. such as the designation of AVA designated areas and some regulatory and financial implications of such designations; and the unusual land use issues related to the licensing and regulation of wineries located in rural areas of California. There will be a wine tasting following this MCLE.

MCLE: 1.0 Hour
Speaker(s): John Mackle, John Trinidad

Ticketed Event, RSVP required, see registration form

Network and enjoy San Francisco’s Finest Culinary experience with tastes and treats from all over the world. Real Property will host stations from 4 different countries in this culinary experience you will not want to miss!

RSVP required, see registration form

Start your morning off with a nice run throughout downtown San Francisco. The team will meet in the lobby of the Westin by the Clocktown, run for 3 miles and return back to the hotel.

RSVP required, see registration form

Running not your thing? We have yoga and meditation for you. Join Real Property for a 45 minute yoga session followed with 10 minutes of meditation with a local San Franciscan yogi!

RSVP required, see registration form

Hot Topics in Cannabis Licensing and Regulatory Activity- What Every Cannabis Lawyer Should Know

Don’t be the test case in this evolving area of law! Learn about current litigation and pending legislation impacting the licensing and regulatory agencies, such as the distinctions between Hemp and Cannabis products, “delivery” across local jurisdictional boundaries, the interaction between state regulations and local ordinances, enhanced civil penalties for unlicensed or under licensed activities, and much more. 

MCLE: 1.25 Hours
Speaker(s): Sabrina Ashjian, Matt Carr, Harinder Kapur

The New Billiable Hour

Lawyers often feel like we don’t have enough hours in the day to meet the work demands and have a personal life. This seminar on the New Billable Hour will help you increase your productivity by billing yourself first, before you bill clients. This seminar will transform how you approach your daily life for increased productivity and balance. It will shift your perspective from overworking to working in a way that nurtures your intuition and creativity. We’ll discuss how to realistically get more tasks done in less time with simple yet effective hacks to be more efficient. You will takeaway practical tools for how to incorporate mindfulness into your daily life for increased productivity and competence

MCLE: 1.25 Hours
Speaker: Ritu Goswamy

Before, During and After: A Practical Transactional Approach to Title Insurance Endorsements

This course will take you through the wide range of options and opportunities for increased coverage with title insurance endorsements applicable for your client’s acquisition of real property, when obtaining a construction loan, refinancing/obtaining permanent financing, or selling a piece of the action to an equity purchaser. From a lender’s perspective it will also look at coverage opportunities provided by lender’s endorsements when making a loan or a construction loan, or modifying a loan.

MCLE: 1.25 Hours
Speaker(s): Marion Aaron, Dena Cruz

The California Cannabis Rush: The Interplay Between Cannabis and Environmental Laws and Regulations

Since the Passage of Propositions 64, there has been a myriad of new laws and regulations passed relating to Cannabis.  But like (and in some case unlike) any other agricultural crop there has been confusion about what is required for those who want to enter the industry in terms of compliance with existing environmental laws and regulations. This panel will discuss some of the state and local permitting schemes and their requirements with a focus on water, CEQA, and land use issues.

MCLE: 1.25 Hours
Speaker(s): Pamela Epstein, Andrew Taurainien, Cyndy Day-Wilson, Praj White

Special Problems in Quiet Title and Partition Actions

Our speakers will present special issues facing real property practitioners in quiet title and partition actions ranging from lis pendens and motions to quash to equitable division in partition actions and logistics for an interlocutory judgment for partition.

MCLE: 1.25 Hours
Speaker(s): Jeanne Grove, John Richards, Dominic Signorotti, Suzette Torres

10th Annual Real Property Executive Roundtable

C Suite Real Estate Executives from equity and financing markets will discuss the current trends in the California and national markets.  What changes have occurred in the last year in the way real property is being financed?  There’s plenty of demand, but is there adequate supply?  Do current cap rates make sense?   Is construction financing still plentiful, or are construction lenders pulling back?  Will the cut in interest rates continue, and if not, what will be the impact on the market?  Will the talk of a recession become a self-fulfilling prophecy?

MCLE: 1.25 Hours
Speaker(s): William Bernfeld, Jay Lybik

RSVP required, see registration form

Cannabis law is a growing and fascinating practice area – but the ethical questions of the practice require extra care and consideration.  Learn the State Bar’s current rules and policies about practicing cannabis law, and how they have recently changed.  Consider how to manage the numerous conflicts that arise with cannabis law, including managing clients competing for licenses in the same jurisdiction, building a practice in a relatively small industry, and evaluating whether you can ever ethically go into business with a cannabis client.  Hear about the crime-fraud exception to attorney-client privilege and what to do if a court, investigator, or prosecutor serves you with a subpoena or search warrant for privileged communications. 

MCLE: 1.0 Hour Legal Ethics
Speaker: Jessica McElfresh, McElfresh Law, Inc.

Protecting Cannabis IP in an Uncertain Legal Landscape

This panel will discuss the specific Intellectual Property issues faced by the cannabis industry in the current landscape and discuss the impact of the legality of cannabis on IP rights.  The discussion will include tips and tricks regarding trademark protection for cannabis brands, considering the USPTO’s prohibition against the registration of marks for goods or services that are unlawful under the federal Controlled Substances Act (“CSA”), such as marijuana. They will also discuss the protection of trademarks for hemp-based and hemp-derived CBD goods and services in view of the enactment of the Agriculture Improvement Act of 2018 (“2018 Farm Bill”).  The panelists will also explore strategies for patent protection of cannabis-related goods.  The panel will be rounded out with a discussion of trade secrets, copyrights, licensing, and the difficulties involved in enforcing cannabis-related intellectual property in federal court.  This practical panel will offer advice and best practices for securing IP rights as the landscape evolves.

MCLE: 1.25 Hours
Speaker(s): David Branfman, Matthew Lapple, Elizabeth Rest

Clicks and Mortar: Addressing Omnichannel Retail in Commercial Leasing

In the age of technology, the retail industry is morphing in unexpected ways.   The best retailers combine on-line shopping with in-store experiences to enhance the shopping experience and maximize sales.  Similarly, retailers and shopping center operators should consider how new retail sales models affect and may be affected by traditional leasing terms.  Hear how commercial brokers and leasing attorneys are addressing these changes in business negotiations and retail leases.”

MCLE: 1.25 Hours
Speaker: Elva Harding, Sheldon Pont

Why Do you treat me so unkind? Fiduciary Duties in Real Estate Limited Partnerships.

Limited Partnerships are a common form of business entity for real estate ventures.  What happens when the business is wrapping up, or the relationship has soured, and the interests of the general partners and the limited partners diverge?  This program will explore the contours of fiduciary duties in real estate limited partnerships by looking at the sources of partners’ duties, providing examples of how these duties are breached or alleged to be breached, discussing the potential consequences of breaches or alleged breaches, and examining risk mitigation strategies

MCLE: 1.25 Hours
Speaker: Ed Gartenberg, Celia Lee, Jeff Streiffer

Work and Weed: What Lawyers Need to Know about Cannabis in the Workplace

This panel will explore two primary topics: current laws regulating marijuana, including what exactly California legalized, the current state of federal law and enforcement, the use of medical marijuana and cannabis products in the workplace, and best practices for workplace policies, and employment issues that arise in the cannabis industry. 

MCLE: 1.25 Hours
Speaker(s): Esra Hudson, Danielle Lucido

Can Your Client Pave Paradise in Compliance with CEQA?

Stephanie Smith, Founding Attorney at Grid Legal and previous Senior Deputy County Counsel at the County of San Diego and Avneet Sidhu, Deputy City Attorney for the City of San Marcos will provide the basics of what every real property practitioner needs to know about the California Environmental Quality Act (“CEQA”), including a brief discussion on recent legislation and the CEQA guidelines updates that apply to real property transactions. The panel will also provide helpful tips to real estate attorneys to know when to add protections into their Purchase and Sale Agreements or Leases to limit CEQA-related risks, such as trigger points for when a project may be kicked out of reliance on a CEQA exemption and into an Environmental Impact Report (“EIR”) that will change the timeline of the deal.

MCLE: 1.25 Hours
Speaker(s): Stephanie Smith, Avneet Sidhu

Bias in the Legal Profession and Beyond

An open and interactive discussion about bias, what is it, how it shapes us personally and professionally, limiting its negative consequences and advancing the promise of a more fair and equitable legal profession and the world.

MCLE: 1.25 Hours Elimination of Bias
Speaker(s): Jaimie Bombard, Oliver Doplar, Anna Liu

The Regulators: Tax, Banking and Insolvency Implications of the Cannabis Business

The difference between federal and state law creates significant issues for the cannabis industry.  This panel will provide a survey of the tax, banking and insolvency issues that arise in connection with operating a cannabis business.   

MCLE: 1.25 Hours
Speaker(s): Jeannie Kim, Carson Leonard, Jeffery Titus

Keep the Writing on the Wall? When Public Art Collides with Real Property Rights

Public art is growing in popularity, used to revitalize cities and beautify neighborhoods. Redevelopment in cities frequently includes the demolition or removal of public art from public and private properties, leading to a clash between development interests, artists, and community interests. A New York District Court in the “5Pointz” case recently awarded $6.75 Million to a group of artists after the property owner demolished a warehouse being used as a public art gallery.This program will provide an overview of the Visual Artist Rights Act and the California Art Preservation Act, which outline artists’ moral rights in their work. It will address the relationship between artists’ moral rights in their work and the rights of the private and public property owners following the 5Pointz judgment. Finally, we will highlight ways to avoid stepping into minefields when including public art on private property. 

MCLE: 1.25 Hours
Speaker(s): Enedina Cardenas, Jagdeep Hansra, Rogelio Ruiz

Demystifying the Measure of Damages, Statues of Limitation and other Gordian Knots for Transaction Lawyers

An irreverent roundtable of experienced litigators and transactional attorneys promise to entertain you (and most likely insult each other) while challenging what you think you know about integration clauses, attorney’s fees, choice of laws, statutes of limitations, and yes, the so-called boilerplate — and even the deep dark mystery of the measure of damages. Whether you’re a litigator or a transactional lawyer, the discussion promises to be thought-provoking, and may re-orient your thinking completely about the drafting and interpretation of these humblest of clauses.

MCLE: 1.25 Hours
Speaker(s): Randall Block, Michael Klein, Gregory Markow

RSVP required, see registration form

Join Real Property for their closing cocktail reception and dinner, enjoy making connections and reminiscing on the conference over hosted drinks and food!