Financial Poise

Insider Lease Agreements

It is a common play in real estate to create a separate operating entity to serve as a tenant and execute a lease between the owner of the property and himself. Typically, this happens in assets which serve as a real estate-based business, such as a retail property. The structure enables the operator to reduce the taxable income of the business and also provide a liability shield for the property owner. However, this arrangement can easily lead to some ethical issues, should the property owner become distressed. Where is the line between a savvy real estate strategy and unethical behavior? This webinar presents practice pointers on how to use the ABA Model Rules as a guide to navigating ethical issues in Insider Lease Agreements. Model Rules addressed include those that govern the client-lawyer relationship (Rule 1.7: Conflict of Interest: Current Clients); those that speak to the need for candor toward the tribunal and fairness to an opposing party and counsel (Rule 3.3 through 3.4); and the necessity for truthfulness in statements to others and issues surrounding unrepresented persons (i.e. Rule 4.3).

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Webinar Faculty

Moderator:

David Levy
David Levy

David Levy is Vice President of Business Development for NRC Realty & Capital Advisors. NRC conducts structured sales, sealed bid sales, and auctions of all types of real estate and… Read More

Panelists:

Matthew Christensen
Matthew Christensen

Matt Christensen joined Johnson May in 2008 as an associate attorney. Now the managing partner of the firm, Matt has a civil litigation practice involving commercial law (finance and secured… Read More

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Michael Rosow

From routine banking matters to large, complex litigation, Mike brings a wealth of unique experience to Winthrop & Weinstine’s Creditors’ Remedies and Business & Commercial Litigation groups. Though the heart… Read More

Robert Richards
Robert Richards

Bob Richards is chair of Dentons' Global Restructuring, Insolvency and Bankruptcy practice groups and practices in the areas of bankruptcy and insolvency-related transactions and litigation. His practice includes Chapter 11… Read More

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