Commercial Real Estate-From Handshake to Closing

Category: On Demand

Member Price: $220

Non-Member Price: $275

Product Code: ON038923

Areas of Law: Real Property, Trust, & Estate

CLE Credits
NJ CLE:NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 6.7 hours of total CLE credit, including 1.0 in Ethics (Full Credits Available: NJ Ethics: 1.0, NJ General: 5.7).
NY CLE (t&nt):NY Ethics Non-Transitional: 1.0, NY Professional Practice Transitional: 5.5
PA CLE:PA Ethics Credit: 0.5, PA Substantive Credit: 4.5
New: No PACLE fee is required for this program. To earn PA CLE credits, a valid PA Bar ID number must be entered into the CLE form provided after attending the program.
Faculty

Keynote

Moderator

Todd E. Lehder, Esq
Wilentz, Goldman & Spitzer P.A., Woodbridge
is a Shareholder in Wilentz, Goldman & Spitzer, P.A with offices in Woodbridge and Eatontown, New Jersey; New York City; and Philadelphia, PA. Co-Chair of the Real Estate Practice Group, he focuses his practice in the representation of individual and corporate clients in all aspects of commercial real estate sales and acquisitions. Mr. Lehder also represents both landlords and tenants in the negotiation of commercial leases, and counsels financial institutions on real estate lending, workouts, foreclosures and loan sales. He also represents purchasers of distressed real estate assets and has significant experience in matters of construction, real estate development, redevelopment and land use law.
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nAdmitted to practice in New Jersey, Maryland and the District of Columbia, Mr. Lehder is a Fellow of the American College of Real Estate Lawyers and a member of the New Jersey State, Middlesex County and Monmouth Bar Associations. He has been active in his community and has served on the Fair Haven Zoning Board of Adjustment since 2006, where he has been Chair for more than 15 years.
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nMr. Lehder has lectured at seminars about commercial real estate transactions for industry professionals, including ICLE, seminars at the yearly Atlantic Builder’s Convention and an annual course entitled “Real Estate Development from Beginning to End” (Lorman Education Services). He is the recipient of several honors, including NJBIZ’s 2010 “40 Under 40” Award.
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nMr. Lehder received his B.A. from St. Lawrence University and his J.D. from Catholic University’s Columbus School of Law.
n(9/23)
Matthew J. Schiller, Esq.
Murphy Schiller & Wilkes LLP, Newark
is a Partner in Murphy Schiller & Wilkes LLP, in Newark, New Jersey, and leads the firm’s Leasing, Opportunity Zone and Distressed Real Estate Practice Groups. He represents clients in a wide range of transactional and litigation matters in New Jersey, New York, Connecticut and elsewhere, including the acquisition, disposition, leasing and management of all kinds of commercial properties including office, medical office, industrial, retail and multi-family developments. Since the enactment of the Tax Cuts and Jobs Act of 2017, he has developed significant experience in the formation and operation of Qualified Opportunity Funds and Qualified Opportunity Zone Businesses as well as the associated real estate transactional, leasing and development issues.
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nAdmitted to practice in New Jersey, New York and Connecticut, Mr. Schiller is a Fellow of the American College of Real Estate Lawyers (ACREL) and a member of the Board of Consultors of the New Jersey State Bar Association’s Real Property, Trust & Estate Law Section, where he is Past Chair. A lecturer for ICLE and other CLE providers, he co-authored the Leasing chapter in Commercial Real Estate Transactions in New Jersey (ICLE, 2019, 4th Edition). He is the recipient of several honors.
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nMr. Schiller received his B.A., with honors, from Trinity College and his J.D. from Washington University (St. Louis) School of Law, where he served as Associate Managing Editor of the Washington University Journal of Law and Policy. He served as a law clerk to the Honorable Victor Ashrafi, New Jersey Superior Court, Somerset County, Law Division.
n(9/23)

Presenters

Katharine Coffey, Esq.
Day Pitney LLP
Law Offices of Richard Schkolnick in Millburn, New Jersey, has extensive experience providing solutions to property owners in complex land use and zoning matters, and has served as counsel to local government agencies with respect to land use and zoning issues. He focuses his practice in applications to construct wireless communications facilities and has represented national wireless carriers in hundreds of zoning applications.
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nAdmitted to practice in New Jersey and New York, Mr. Schkolnick is Past Chair of the Board of Directors of the New Jersey State Bar Association’s Land Use Law Section. He secured a unanimous decision from the New Jersey Supreme Court on behalf of the Township of West Orange in the State’s seminal eminent domain case, Township of West Orange v. 769 Associates, LLC, 172 N.J. 564 (2002), and also served as Co-General counsel to the New Jersey State Democratic Party.
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nMr. Schkolnick is a graduate of Haverford College, where he was elected to Phi Beta Kappa, and received his Masters of Government Administration from the University of Pennsylvania’s Fels Center of Government, where he was a Fels Scholar. He received his J.D. from the U.C.L.A. School of Law.
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Tiena Cofoni, Esq.
McManimon, Scotland & Baumann, LLC, Roseland
is a Partner in McManimon, Scotland & Baumann, LLC in Roseland, New Jersey, and concentrates her practice in redevelopment, municipal law and land use law. She has briefed matters to the Law Division, Appellate Division and the New Jersey Supreme Court, and has successfully argued prerogative writ cases and associated motions before the Law and Appellate Divisions.
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nAdmitted to practice in New Jersey and before the United States District Court for the District of New Jersey and the Third Circuit Court of Appeals, Ms. Cofoni is a member of the American and New Jersey State Bar Associations. She is a former member and Past Chair of the District X Fee Arbitration Committee.
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nMs. Cofoni received her B.S. from York College of Pennsylvania and her J.D. from the University of Connecticut.
nis a Partner in McManimon, Scotland & Baumann, LLC in Roseland, New Jersey, and concentrates her practice in redevelopment, municipal law and land use law. She has briefed matters to the Law Division, Appellate Division and the New Jersey Supreme Court, and has successfully argued prerogative writ cases and associated motions before the Law and Appellate Divisions.
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nAdmitted to practice in New Jersey and before the United States District Court for the District of New Jersey and the Third Circuit Court of Appeals, Ms. Cofoni is a member of the American and New Jersey State Bar Associations. She is a former member and Past Chair of the District X Fee Arbitration Committee.
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nMs. Cofoni received her B.S. from York College of Pennsylvania and her J.D. from the University of Connecticut.
n(9/23)
Steven P. Gouin, Esq.
Giordano, Halleran & Ciesla, PC, Red Bank
is a Shareholder in and member of the Real Estate, Redevelopment, and Renewable Energy Practice Groups at Giordano Halleran & Ciesla, P.C. in Red Bank, New Jersey. He regularly represents developers, investors, landowners, and other business interests in connection with complex real estate, land use, and redevelopment matters. Mr. Gouin also regularly counsels developers of renewable energy facilities across all aspects of development from site acquisition, to approvals, to project disposition. In the renewable energy space he regularly counsels developers of renewable and other energy facilities on transactional real estate, land use, and redevelopment matters.
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nMr. Gouin is admitted to practice in New Jersey and New York, and before the United States District Court for the District of New Jersey. He is on the Board of Directors for the Metropolitan Builders & Contractors Association of New Jersey and sits on the Economic Development Committee for the Monmouth-Ocean Development Council. He is a member of the Emerging Leaders Council of the Rutgers Center for Real Estate, the New Jersey State Bar Association, the New Jersey State Builders Association and the Shore Builders Association of New Jersey.
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nMr. Gouin’s articles have appeared in the New Jersey Law Journal, Community Trends and other publications, and he has lectured for the New Jersey Planning Officials and other professional organizations. He is the recipient of several honors.
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nMr. Gouin received his B.A. from Villanova University and his J.D., cum laude, from Rutgers University School of Law-Newark.
n(9/23)
Heidi K. Hoffman-Shalloo, Esq.
Schenck Price Smith & King LLP, Florham Park
is a Partner in the Banking and Finance Group of Schenck, Price, Smith & King, LLP, with offices in Florham Park, Sparta and Paramus, New Jersey, and New York City. She concentrates her practice in real estate and business sales and acquisition, leasing, entity formations, general corporate matters, governmental guaranteed lending (SBA and EDA), interest rate swap agreements pursuant to ISDA Master Agreement, and commercial lending including construction loans, asset-based loans, mortgage loans and lines of credit.
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nAdmitted to practice in New Jersey, Ms. Hoffman-Shalloo is Past Chair and member of the Board of Consultors of the New Jersey State Bar Association Real Property, Trust and Estate Law Section, for which she has also served as Legislative Chair. A former member of the Banking and Commercial Law Committee of the Monmouth Bar Association, she is also a member of the Banking Law Section of the New Jersey State Bar Association and the Real Estate Law Committee of the Monmouth Bar Association.
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nMs. Hoffman-Shalloo received her B.S. from George Washington University and her J.D. from Pace University Law School.
n(9/23)
Michael Klein
Jones Lang LaSalle IP, Inc., Florham Park
is Senior Managing Director and co-lead of JLL Capital Markets New Jersey, a full-service global provider of capital solutions for real estate investors and occupiers, in the firm’s Morristown, New Jersey, office. He joined JLL as part of the HFF acquisition in July 2019 and has more than 18 years of experience in the commercial mortgage banking industry.
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nMr. Klein is a member of NAIOP. During the course of his career, he has been involved in more than $4.1 billion in multi-housing, retail, office, industrial and self-storage transactions.
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nMr. Klein received his B.A. from the University of Maryland.
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Josh M. Mann, Esq.
Iron Ore Properties LLC, Millburn
is co-founder and Co-Managing Partner of Iron Ore Properties LLC in Millburn, New Jersey, where he is responsible for strategic planning, acquisitions, operations, legal and governmental relationships, and the execution of the Company’s Stabilized, Value-Add and Distressed Projects. Prior to forming Iron Ore he was a Partner and General Counsel at Seaview Capital Partners Limited Liability Company, where he managed the Company’s acquisitions, development projects, acted as counsel on all transactions and management decisions, and helped oversee and create unique deal structures which returned well above-market investment returns.
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nMr. Mann is Past President of the New Jersey Builders Association’s Executive Committee and is Chair of the Association’s Political Action Committee. He has also served as Treasurer and Vice President of the Metropolitan Builders and Contractors Association. Mr. Mann has helped draft legislation and testified before both State Assembly and Senate Legislative Committees on matters concerning both redevelopment and distressed assets. He has also been a member of the Emerging Leader’s Council of the Rutgers School of Real Estate, where he is an Adjunct Professor and has taught a class on Real Estate Law to MBA students.
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nMr. Mann is a graduate of Syracuse University and Rutgers Law School-Newark, where he served as a Governor’s Executive Fellow through the Eagleton Institute of Politics.
n(9/23)
Chris J. Murphy
Murphy Schiller Wilkes LLP, Newark
is a Partner in Murphy Schiller & Wilkes LLP in Newark, New Jersey, where he leads the Economic Incentive Advisory and Land Use, Zoning and Redevelopment, and Government Relations Practice Groups. He has been involved in some of New Jersey’s most high-profile corporate attraction and retention projects, and regularly assists clients in the procurement of public incentives offered through the New Jersey Economic Development Authority (NJEDA) and other state and local government agencies. His practice also includes representing clients in connection with the procurement of land use and development approvals, and he regularly appears before planning and zoning boards, with a particular focus on projects located in Newark.
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nPrior to founding Murphy Partners LLP, Mr. Murphy was a member of the Lt. Governor’s New Jersey Business Action Center, where he advised businesses and developers through the State’s array of economic incentive and financing programs offered through the New Jersey Economic Development Authority (NJEDA) and other State agencies, including the Grow NJ Assistance Program (Grow NJ) and the Economic Redevelopment and Growth (ERG) Program. Prior to that he worked for the Commissioner of the New Jersey Department of Labor and Workforce Development, where, as manager of statewide strategic initiatives, he served as the Department’s direct liaison to external economic development partners and played a key role in the implementation and administration of the State’s workforce development grant and incentive programs used to retain and attract businesses to the State. He is co-author of the Financial Incentives chapter in Commercial Real Estate Transactions in New Jersey (4th Edition, 2019, ICLE) and his insight on real estate incentives has been featured in regional and national publications including NJBIZ, Real Estate NJ and The Wall Street Journal.
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nMr. Murphy received his B.A., summa cum laude, from Kean University, his M.L.E.R. from Rutgers University and his J.D. from Rutgers Law School.
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Victoria Reed
Senior Project Manager, Client Development Leader, Verdantas, Somerville
is Senior Project Manager at Verdantas in Somerville, New Jersey. With more than 19 years in the environmental consulting industry, she supports clients during real estate transactions and provides practical remedial solutions that become integrated into site development. She primarily supports commercial and industrial clients with transactional due diligence services, including the evaluation of industrial facilities, multifamily residential developments, water utilities and commercial spaces. The assessments include Preliminary Assessments, Phase I and Phase II Environmental Site Assessments, and underground storage tank investigations and closure.
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nMs. Reed received her B.S. from William Paterson University.
n(9/23)
David C. Scott, Esq.
Greenbaum Rowe Smith & Davis LLP, Roseland
is an associate with Greenbaum Rowe Smith & Davis LLP in Roseland, New Jersey, and a member of the firm’s Environmental Department. With an environmental law practice that emphasizes transactions, permitting, and regulatory compliance, he primarily provides counsel on environmental risks associated with real estate and business transactions, methods for mitigating those risks and strategies for addressing environmental issues when they do arise, including the presence of hazardous substances in soil and groundwater, discharges from underground storage tanks and the cleanup and remediation of contaminated sites. He also assists solid waste service vendors in obtaining the required A-901 licenses and Certificates of Public Convenience and Necessity required under New Jersey law.
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nAdmitted to practice in New Jersey, New York and the District of Columbia, Mr. Scott is a Director of the New Jersey State Bar Association Environmental Law Section. He serves on the Environmental Committee of the New Jersey Builders Association, on NAIOP New Jersey’s Regulatory Affairs Committee, and on the Commerce & Industry Association of New Jersey’s Manufacturing Forum Steering Committee, Environmental Business Council and Contaminants of Emerging Concern Working Group.
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nMr. Scott received his B.S., magna cum laude, from the New York College of Environmental Science and Forestry and his J.D., cum laude, from Vermont Law School.
n(9/23)
Louis J. Seminiski, Jr.
Wilentz, Goldman & Spitzer P.A.
Joanne Vos, Esq.
Maraziti Falcon LLP, Cedar Knolls
is a Partner in Maraziti Falcon, LLP in Cedar Knolls, New Jersey. She focuses her practice in environmental law, including compliance, environmental litigation, sustainability and land use, as well as redevelopment and complex transactional work. She routinely counsels clients in connection with real estate purchase and sale agreements, commercial lease agreements, asset purchase agreements, access agreements and redevelopment agreements; and also counsels clients on contamination and remediation issues including federal and state due diligence requirements and ISRA compliance. Ms. Vos has successfully litigated numerous environmental matters involving both private and public entities. She is a former Special Environmental Counsel for the City of Newark and serves the Township of Millstone in that capacity, and represents the Cities of Asbury Park, Hoboken and Summit, as well as the Township of Neptune, in redevelopment transactions.
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nMs. Vos is admitted to practice in New Jersey and before the United States District Court for the District of New Jersey. Past President of the Middlesex County Bar Association and the New Jersey Defense Association, she is Chair of the Environmental Law Committee of the latter. Ms. Vos is a member of the Legal and Legislative Committee of the Licensed Site Remediation Professionals Association, the Environmental Law Section of the New Jersey State Bar Association, the Society of Women Environmental Professionals and Commercial Real Estate Women of New Jersey. She is Chair/Mentor of the Middlesex County Bar Association’s Environmental Law Committee, sits on the Board of Directors of Continuing Professional Education Services, Inc. and is a former member of the District X Fee Arbitration Committee.
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nMs. Vos is a Former Adjunct Professor at Fairleigh Dickenson University’s Paralegal Studies Program and her articles have appeared in The Middlesex Advocate, the New Jersey Defense Association Magazine and other publications. The recipient of the Middlesex County Bar Association’s Transactional Attorney of the Year Award and several other honors, she has lectured for ICLE, the New Jersey and Middlesex County Bar Associations, the New Jersey Defense Association and other organizations.
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nMs. Vos received her B.A. from Montclair State University and her J.D. from Seton Hall University School of Law. She was Judicial Law Clerk to the Honorable Stephen E. Mochary, J.S.C., Essex County.
n(9/23)
Jeremy J. Zacharias, Esq.
Marshall Dennehey, Mount Laurel
is a Shareholder in Marshall Dennehey, P.C. in the firm’s Mt. Laurel, New Jersey, office. A member of the Professional Liability Department, he concentrates his practice in the representation and defense of attorneys, accountants, insurance producers, corporate directors and officers, and other licensed professionals. He also represents clients in privacy and data breach matters as well as intellectual property cases.
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nAdmitted to practice in New Jersey and Pennsylvania, and before the United States District Court for the District of New Jersey, Mr. Zacharias is a member of the New Jersey State, Camden County and Burlington County Bar Associations, and the Professional Liability Underwriting Society (PLUS), through which he received his Registered Professional Liability Underwriting Certification (RPLU). He is a former Adjunct Professor at Rutgers School of Law and lectures for Rutgers School of Law on professionalism and career development topics.
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nMr. Zacharias received his B.S., magna cum laude, from Drexel University’s LeBow College of Business and his J.D., cum laude, from Rutgers School of Law-Camden, where he was the Lead Notes Editor of the Rutgers Journal of Law and Religion and the author of “Religious Accommodations in the Workplace: An Analysis of Employee Accommodations Pertaining to Title VII of the Civil Rights Act of 1964.”
n(9/23)

Presented in cooperation with the NJSBA Real Property, Trust, and Estate Law Section

To effectively handle commercial real estate transactions in New Jersey, you must be aware of a wide range of complex issues including environmental, financing, leasing, insurance, title, and land use due diligence, all of which will impact the outcome of a deal. Complex deals also require the ability to recognize when there is need to bring other professional specialists onto the team, such as corporate attorneys when structuring the entities of a transaction, and CPAs when you are dealing with analysis and structure of tax issues. Knowledge of these areas and the ability to anticipate problems and pitfalls are essential tools for transactional attorneys.

This definitive course on commercial real estate transactions in New Jersey will teach you how to craft and negotiate contracts and leases that protect your clients against untoward or excessive risk. You will also learn how to address and anticipate the problems arising from title, environmental, and financing issues, and find out how to focus your preparation so that you can draft and review all the necessary documents for a successful commercial closing.

In addition, the program features an ethics component which will alert you to situations that create and raise legal ethical issues in this line of practice.

This is a “must-attend” program if you handle commercial real estate matters. It will be of special interest to attorneys who represent sellers, buyers, landlords and tenants in commercial matters, commercial real estate owners, developers, contractors, financial institutions, title search companies, insurance companies, and others seeking to hone their skills in this area.

Plus, a Special luncheon presentation!

  • 9:00 - Welcome
  • 9:05 - Negotiating PSAs - Todd Lehder, Esq.; Matthew Schiller, Esq.    
  • 9:50 - Environmental Challenges and Due Diligence Concerns - David Scott, Esq.; Joanne Vos, Esq.; Victoria Reed 
  • 10:35 - Break
  • 10:45 - Land Use, Redevelopment and PILOT contingencies - Steven P. Gouin, Esq.; Katharine A. Coffey, Esq.; Tiena M. Cofoni, Esq.
  • 11:30 - Incentives Update – an introduction to the new Aspire program adopted by EDA - Chris Murphy, Esq.
  • 11:55 - Morning Q&A
  • 12:00 - Lunch 
  • 12:15 - Luncheon Presentation: Capital Markets Update - Michael Klein, Esq.
  • 1:00 - Financing/negotiating loan documents in challenging times - Heidi Hoffman-Shalloo, Esq.; Louis J. Seminiski, Jr., Esq. 
  • 1:45 - Negotiating operating agreements and joint ventures and Corporate Transparency Act primer - Josh M. Mann, Esq.; Matthew J. Schiller, Esq. 
  • 2:45 - Break
  • 3:00 - 21st century ethical issues in real estate transactions - Jeremy J. Zacharias, Esq.; Todd Lehder, Esq.; Matthew J. Schiller, Esq.
  •  3:50 - Afternoon Q&A
  • 4:00 - Adjourn

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