Green Leases: Evolving Legal Issues for Commercial Landlords and Tenants

Year-end means it’s tax planning time and knowing the rules is more important now than ever. The Tax Code underwent groundbreaking reform in 2017 with most of the law becoming applicable in 2018. The Treasury Department has been busy over the summer and fall producing additional guidance on the new sections of the Code.

Automating commercial real estate ‘back end’ tasks is a major objective for running the enterprise efficiently and freeing up important resources for strategic planning and catalyzed innovation. This series kicks off with a deep dive into the digital infrastructure of most commercial real estate companies. It continues with reviewing opportunities for investment management automation and introduces proven use cases of process automation in commercial and corporate projects. Thought leaders from some of the most automated real estate organizations in our market share insights on their integration initiatives and talk about the challenges and benefits of their own process automation projects. When evaluating ‘back end’ automation opportunities there are many options for increased efficiency and enhanced business insight through data integration, normalization and interaction. This session addresses the best opportunities for automating ‘back end’ processes such as leasing, AP/AR, budgeting and forecasting, document management and others.

The allocation of risk accomplished by indemnification agreements is often a hotly negotiated term of real estate contracts and leases and, when not negotiated, frequently are not in compliance with applicable state indemnification laws or do not reflect the basis axim that liability should follow control. Unbalanced indemnification provisions frequently arise from unbalanced negotiating positions. This panel will address the nuts and bolts of indemnification agreements and insurance contracts, analyzing how indemnification agreements require one party (the indemnitor), bear the risk of claims against the other party (the indemnitee) for loss and damages claimed by a third party. The role of insurance in providing a source of funds for indemnification obligations will be addressed. Indemnification and insurance provisions are standard requirements of PSAs, leases, and construction contracts. Standalone indemnity agreements are also frequently employed to balance the rights of a counterparty with its obligations. Informed counsel must recognize how to protect client interests by deftly structuring indemnification provisions, taking into account state law and respective risks and control in careful drafting. Listen as our authoritative panel discusses current trends and practical strategies in negotiating these provisions, as well as the advanced arguments made by the parties to these instruments.

If you’re in real estate, you know all too well that keeping track of details and your clients can mean the difference between sales success and a sales slump. That’s where Insightly comes in. In this 1-hour webinar, we outline best practices for using Insightly to manage your real estate business.