David Appel is our Latest Featured Speaker!

Posted on by Faith Pincus
david
10 Aug

Our latest featured speaker is David Appel from Marcum LLP!

David will be speaking for us at our upcoming EB-5 Investor Based Immigration Conference in Los Angeles on October 4th and 5th! This will be David’s fourth year teaching for us – having previously been on the faculty panel for our 2015 seminars held in California and Florida on EB-5 Investor Based Immigration. Past seminar attendees appreciated his helpful materials and informative presentation. Welcome back, David!

David Appel is a senior partner in Marcum’s Tax & Business Services division. With more than 30 years of multidisciplinary experience in domestic and international taxation working with family businesses in a variety of industries, has addressed complex issues with family business in estate, succession and retirement planning, including preserving family businesses and wealth transfer to future generations. He leads Florida’s tax consulting operations and serves on the board of directors of Marcum LLP and Florida’s operations committee.

In recognition of his considerable experience in personal financial planning, Mr. Appel was awarded the designation of Personal Financial Specialist by the American Institute of Certified Public Accountants.

An expert in estate tax, international tax, business succession planning and family estate planning, he has presented on numerous occasions to banking institutions and municipalities and at various tax conferences.

He speaks frequently on a variety of topics related to the federal EB-5 Regional Center Pilot Program, which was created to encourage foreign investors to invest in commercial enterprises in the U.S. This unique federal program has attracted billions of dollars in investments and has been an effective catalyst for job creation domestically.

Eric Rapkin is our Latest Featured Speaker!

Posted on by Faith Pincus
eric
08 Aug

Our latest featured speaker is Eric Rapkin from Akerman LLP!

Eric will be speaking for us at our upcoming An Introduction to Commercial Real Estate Transactions: The Big Four in Fort Lauderdale on September 28! This is Eric’s first year speaking with us, and we can’t wait for his presentation!

Eric Rapkin serves as managing partner of Akerman’s Fort Lauderdale office. A consummate dealmaker, his practice focuses on sophisticated commercial real estate transactions, including the leasing, acquisition, disposition, and financing of office towers, shopping centers, industrial properties, hotels, and medical office buildings for top developers, institutional investors, and investment funds.

Recognized by Chambers USA as “a very knowledgeable resource on leasing transactions,” as well as noting that “he approaches things from a business perspective,” Eric has finalized deals for many millions of square feet of office, retail, industrial, and mixed-use projects. He is well versed in build-to-suit projects, possessing a detailed knowledge of the complex construction provisions that are central to these deals. Eric is also experienced in office tower acquisitions and dispositions and major public-private partnership transactions.

Eric has served in numerous leaderships roles in the real estate sector, including the International Council of Shopping Centers (ICSC) and NAIOP Commercial Real Estate Development Association.

Helene Gray is our Latest Featured Speaker!

Posted on by Faith Pincus
helene
06 Aug

Our latest featured speaker is Helene Gray from Buchanan Ingersoll & Rooney PC!

Helene will be speaking for us at our upcoming An Introduction to Commercial Real Estate Transactions: The Big Four in Fort Lauderdale on September 28! This is Helene’s first year speaking with us, and we can’t wait for her presentation!

Helene J. Gray is an associate in the Banking and Finance and Real Estate section of the firm’s Fort Lauderdale office.

Prior to joining the firm, Helene served as in-house counsel for one of the largest title insurance companies, where she underwrote and advised on national commercial transactions. She also has experience representing financial institutions and commercial mortgage-backed servicers in all areas of commercial lending, including, loan originations and dispositions, restructurings, leasing, foreclosures, and dispositions of assets. Throughout her career, she has handled commercial real estate and finance transactions as well as structure, document, and advise on condominium and homeowners’ association issues.

Defeating Motions for Summary Judgment: The Reply Brief

Posted on by Faith Pincus

Below is a list of suggestions for drafting your Motion for Summary Judgement Reply Brief. It was written by James Allen, Retired Assistant County Attorney of Miami Dade County, and James Robinson of White & Case LLP who have both taught at several of our prior programs!

Our blog readers can take 50% off our Circuit Court and Federal Court Boot Camp audio packages with the coupon code 50MSJ. 

Remember – standards and burdens of proof.

  • The non-moving party is required to designate facts which demonstrate a genuine issue for trial and must avoid conclusory allegations unsupported by factual material.
  • The non-moving party need only prove a material factual dispute.
  • All reasonable inferences must be drawn in favor of the non-moving party.

Structure of brief.

  • Introduction – what is your theme?
  • Factual background
  • Argument
  • Sections (and section headings)
  • Conclusion

What are common defenses/themes when opposing motions for summary judgment?

  • Attack the facts.
  • Attack the law.
  • DO NOT focus an inordinate amount of space (or case citations) on the standard of proof or that reasonable inferences are drawn in your favor.

Strategies for contesting/disputing facts.

  • Choose your battles – do not contest EVERYTHING! This is a matter of credibility.
  • You must be specific in contesting/disputing facts – cite to specific language (with page numbers) and testimony. Include quotes. Emphasize important pieces of evidence.
  • If there are no disputed material facts on any issue and you agree that the issue is a matter of law, consider filing a cross-motion and a stipulated set of facts.

Addressing legal arguments made by moving party.

  • Don’t be bound to the organizational structure of the moving party. Example: If they have hidden a glaring weakness in the middle or end of their brief, bring that issue to the forefront in your opposition.
  • But don’t ignore the motion altogether – a good response brief must “respond” to the moving papers.
  • Address all arguments – failure to address can be viewed as a concession.
  • Distinguish all cases cited in the motion.   Where there are many cases, distinguish the cases in large groups.
  • Don’t submit boilerplate objections—tailor your arguments to your facts.

Using legal authority (applies also to motions).

  • The preferred priority of cases in support of our arguments:
    • First priority –cases in which trial court did what our opponent is requesting, and the appellate court reverses.
    • Second priority (OK, but not as good) – cases in which the trial court did what we request, and the appellate court affirms.
    • Third priority (not good; but we are a bit desperate) – only if none of the first two categories are available, cases in which the court cites a correct legal principle, but the court rules against our position.

A word about reply briefs.

  • Structure:
    • We demonstrate/established X.
    • They did not controvert/challenge/dispute, but only argued Y.
    • This is incorrect because …
    • Their cases do not change the result (and distinguish).
  • As a general rule, DO NOT cite the same cases from your motion – a reply brief should “reply” to the response

Neil Narut is our Latest Featured Speaker!

Posted on by Faith Pincus
neil
03 Aug

Our latest featured speaker is Neil Narut from Proper Title!

Neil will be speaking for us at our upcoming An Introduction to Commercial Real Estate Transactions: The Big Four in Chicago on September 14th! This is Neil’s first year speaking with us, and we can’t wait for his presentation!

Since being admitted to practice law in Illinois in 1997, Neil F. Narut has provided over twenty years of quality representation in real estate and title insurance matters to Illinois and Wisconsin consumers, national lenders and national title insurance companies. In private practice, Neil represented clients in residential and commercial real estate transactions while also litigating real estate disputes and mechanic’s liens claims. In 2008, he joined a multi-state mortgage default firm as the Managing Attorney of its newly opened Chicago-Loop office and provided counsel in title curative and REO transactions for national lenders and servicers. Counsel in title matters eventually extended into Wisconsin, and in 2013, Neil was recruited away from private practice by the North Suburban Commercial Division of the Chicago Title Insurance Company as an Area Underwriter where he was soon thereafter selected to the Fidelity National Financial Underwriting Leadership Program in Jacksonville, FL. In 2018, Neil returned to the Loop when he joined Proper Title as its Senior Underwriting Counsel. Neil frequently speaks at continuing legal education courses both nationally and throughout Chicagoland on a variety of real estate-related topics. A graduate of the John Marshall Law School and Loyola University of Chicago, Neil resides in Lake Geneva, Wisconsin with his family.

Introduction to Oral Argument

Posted on by Faith Pincus
argument
02 Aug

We wanted to share with you some tips and advice from speakers at prior programs that we know you will find helpful! Check out this list of Oral Argument tips, created by Andrew Livingston, who has spoken at many of our Superior Court Boot Camps (and is speaking at our upcoming one this fall, 2018).

Let us know what you think!

Objectives

  • Learn how to prepare written materials for oral argument
  • Learn how to prepare for the spoken part of oral argument
  • Learn orienting devices to help your audience understand where you’re going.
    Learn how to deal with questions:

    • Cold benches, i.e., no questions
    • Hot benches, i.e., lots of questions
    • Answering questions
    • Moving on after a question
    • When to concede a point versus standing your ground
    • What to do when you don’t know the answer
  • Learn effective rebuttal

Preparing for the Argument

  • You should be developing your outline as you develop your knowledge of the facts and the law.
  • Your outline will probably start off very long; use the outlining process to refine your points over the course of multiple drafts.
  • Your goal should be to get your outline down to a single page, with single-sentence bullet points which you can reference during argument.
  • Consider coming to argument with a folder with:
    • your one-pager on one side; and
    • more detailed notes on the other side
  • Your folder is your security blanket; if you’re prepared, you might not need it at all.
  • The order of your argument can be just as important as the substance.
  • Think about placement, i.e., where within the argument you want to emphasize good facts and law, and where you want to [bury] bad facts and law.
  • Is there a bad fact or a bad case you want to get out in your opening so you can distinguish or neutralize?
  • Set aside dedicated time to practice your argument by yourself.
  • The goal is to get to the point where you won’t need to read from your outline.
  • Depending on time, resources, and the argument, you may wish to have a moot court session
  • If you do a moot argument, make sure the participants are:
    • familiar enough with the case to ask the right questions; and
    • can offer constructive feedback on your argument style
  • If this is your first argument—ever, or before this court—try to visit the court beforehand and watch another argument
  • Learn the layout, e.g., will you use a lectern or a table? Where is the countdown clock? Can you raise or lower the lectern? Where’s the water?
  • What are the judges’ names and where will they be seated?
  • How has the judge(s) ruled on this issue before?

The Argument

  • The first thing you need to know about speaking is that listening is at least as important.
  • The court will let you know what it’s interested in hearing, which often is not what you’re interested in saying.
  • If you’re prepared, you’ll be ready to listen to the court and adjust your argument accordingly.
  • Starting off with a concise, precise roadmap will help set up the audience’s expectations
  • Quickly state the relief and the reasons why the relief should be granted.
  • Use signposts in your argument to orient the audience
  • Let the court know when you’re moving to another point, and use that opportunity to once again map out your argument for the court.
  • Regarding plaintiff’s request for injunctive relief, the court should deny the motion because….
  • Make sure you understand questions asked, and clarify if necessary
  • TAKE YOUR TIME before
    • This is one of the hardest skills to learn in oral argument
    • Pause and think before answering
  • Resist the urge to fill the silence by saying the first (possibly incorrect) thing that pops into your head

Henry Krasnow is our Latest Featured Speaker!

Posted on by Faith Pincus
henry
01 Aug

Our latest featured speaker is Henry Krasnow from Sugar Felsenthal Grais & Helsinger LLP!

Henry will be speaking for us at our upcoming An Introduction to Commercial Real Estate Transactions: The Big Four in Chicago on September 14. This is Henry’s first year speaking with us, and we can’t wait for his presentation!

For over 50 years Henry C. Krasnow has worked with entrepreneurial family and privately-held businesses to develop strategies to solve their business/legal problems by focusing on the risks, costs and impact on profitability of the available alternatives.

Henry’s broad range of experience includes representations involving minority shareholder rights, governance structures, succession planning and shareowner disputes, real estate development, leasing, sales and acquisitions, sales and purchases of businesses, banking transactions, employment disputes and discrimination claims, intellectual property (copyright, trademark, trade secret, and unfair competition), civil trial and appellate litigation, arbitration and mediation of business disputes, and debt restructuring.

Oral Argument Tips by Karen Kimmey

Posted on by Faith Pincus
argument
31 Jul

Here’s another “How to” list of tips, from the dos to the don’ts, from one of our favorite (and most loved by attendees) speakers at prior CA Superior Court Boot Camps –  we know you will find these helpful! Let us know what you think!

And don’t miss our upcoming 13th Annual Superior Court Boot Camp set for October 12th, 2018 in Los Angeles and November 8th, 2018 in San Francisco.

Oral Argument Tips, by Karen Kimmey of Farella Braun + Martel, and one of our favorite Superior Court Judges in Los Angeles.

  • Always check the tentative and be prepared to address any issues raised.
  • Check in with the court room clerk and be on time.
  • Treat the courtroom staff well.
  • Have a simple outline in front of you with key points and case cites.
  • Have brief remarks prepared but focus on answering questions.
  • Do not simply repeat arguments from your brief. Approach it in a different way.
  • Never address opposing counsel directly.
  • Do not interrupt opposing counsel or the judge.
  • Speak slowly. Don’t annoy the court reporter.
  • Avoid personal attacks or bickering. Judges hate it.
  • Know when to be quiet.
  • Come prepared with a proposed order.
  • Ask clarifying questions if unclear of what the court has ruled.

Jason Doran is our Latest Featured Speaker!

Posted on by Faith Pincus
jason
30 Jul

Our latest featured speaker is Jason Doran from Momkus McCluskey LLC!

Jason will be speaking for us at our upcoming An Introduction to Commercial Real Estate Transactions: The Big Four in Chicago on September 14. This is Jason’s first year speaking with us, and we can’t wait for his presentation!

A partner with Momkus McCluskey LLC, Jason’s practice is concentrated in estate planning and estate administration, commercial and residential real estate, including “work outs” (forbearance, foreclosure, short sale, and deed-in-lieu agreements)), business transactions, and general representation of business entities and their principals. In the beginning of his career Jason was a litigator with Dickson and Hasenbalg in Aurora, Illinois, and he brings that experience as an invaluable tool in assisting his clients in his current practice.

Jason is also a licensed real estate broker in the state of Illinois and a member of the National Association of Realtors and the Mainstreet Organization of Realtors. Jason earned his Juris Doctor Cum Laude in 2001 from Northern Illinois University and finished first in his class in the sequence of business courses.
Jason was admitted to practice law in the state of Illinois in 2001. In January 2002, he was admitted to practice in the United States District Court of the Northern District of Illinois and in 2010 he was admitted to practice before the United States Supreme Court.

Kathryn Arnold is our Latest Featured Speaker!

Posted on by Faith Pincus
kathryn
27 Jul

Our latest featured speaker is Kathryn Arnold from Taft Stettinius & Hollister LLP!

Kathryn Arnold will be speaking for us at our upcoming An Introduction to Commercial Real Estate Transactions: The Big Four seminar. This is Kathryn’s first year speaking with us, and we can’t wait for her presentation!

Kathryn is chair of the firm’s Real Estate practice which encompasses more than 65 attorneys across all of Taft’s offices and was twice named the “Best of the Best” by Midwest Real Estate News Magazine and is also ranked National Tier 1 in Real Estate Law by U.S. News/Best Lawyers.

Kathryn also heads the firm’s Condominium practice group which handles all aspects of condominium law, from development to working with homeowner’s associations and de-conversions.

For over 25 years Kathryn has played a key role in shaping the landscape of many of Chicago’s most diverse neighborhoods and business communities, through her wide-ranging real estate practice. She focuses in the areas of real estate development, commercial and residential condominium development and conversion, leasing, mixed-use projects, restaurants, mixed-use high-rise development, vertical subdivisions and separations, and commercial financing (lender and borrower representation). In the red-hot Chicago rental market, a recent focus of Kathryn’s practice has been condominium de-conversions. She has recently been lead counsel on several large condominium de-conversion projects.

Her experience in real estate matters also includes the negotiation of lease agreements, the acquisition and disposition of commercial properties, and negotiation of financing documentation for financial institutions and businesses, including representation of securitized lenders. She also serves as local counsel for out-of-state attorneys with respect to Illinois law matters.

Kathryn is a regular invited presenter at seminars, addressing industry professionals on topics relating to real estate and condominium development and conversion. Kathryn has also drafted and consulted on new legislation and local ordinances regarding condominium law and administration. Kathryn is active with the Chicago Bar Association and served as Chair of its Condominium Subcommittee from 2002 through 2008. She speaks for the National Business Institute at Condominium Law seminars. Additionally, she is a guest lecturer at Kellogg School of Management and Illinois Institute of Technology. Kathryn has been inducted to the Midwest Real Estate News Commercial Real Estate Hall of Fame in 2017 and 2018.