PLI New York Center 810 Seventh Avenue at 53rd Street, New York, New York
Speaker(s):
Mitchell D. Haddad
Sponsor:
Practising Law Institute
Topic:
Real Estate Litigation: A Toolkit for Transactional Lawyers
Real Estate Litigation: A Toolkit for Transactional Lawyers will cover:
Pre-litigation strategy
Litigating landlord/tenant, mortgage loan, and other real estate disputes
– Finding the right forum; forum selection clauses
– Similarities/differences from other litigation; special REIT considerations
Pre-litigation issues for attorneys – mortgages
Examination of title
– Existence of defaults
– Default/acceleration notices
Post-acceleration practical tips
Pre-litigation issues for attorneys – landlord/tenant – ADR versus litigation
– Acceptance of rent/waiver of default
Predicting outcomes/providing guidance to clients
The discovery process
– Production
– Privilege
– Protective orders
– Spoliation
Role of the transactional attorney in resolving real estate disputes
Tips to preserve and improve the attorney/client relationship during litigation