2016 Spring Symposia Brochure by American Bar Association

2016 SPRING SYMPOSIA

TRUSTS AND ESTATES & REAL PROPERTY CLE PROGRAMS JOIN U S BOSTO IN N

Revolu t i o niz Thinkin e Your g

E S T A T E P L A N N I N G A N D R E A L P RO P E R T Y

MAY 12â&#x20AC;&#x201C;13, 2016

28TH ANNUAL

SPRING SYMPOSIA

28 TH A NNUA L SPR ING SYMPOSIA

W E ST I N COPLEY PL ACE BOSTON, M A

Letter from the Chair Please join me as we celebrate the 28th Anniversary of the Section of Real Property, Trust and Estate Law’s Spring Symposia in Boston on May 12 – 13, 2016 – our Section’s first-ever Spring meeting in Boston. Featuring the nation’s leading practitioners and professionals, as well as governmental and judicial insiders, as speakers, this year’s Symposia will offer the latest developments in both real estate and estate planning. The Symposia will also offer valuable networking opportunities with lawyers and other professionals from across the country, including a working lunch hosted by our Section’s many committees. Boston was the scene for many of the key events of the American Revolution and we pay homage to this rich history by theming this year’s program “Revolutionary Thinking” in honor of our nation’s founders. To take advantage of this wonderful venue, a variety of social events are planned for your enjoyment during your visit to historic Boston, highlighted by a private reception on Thursday evening at the Museum of Fine Arts. I look forward to seeing you in Boston in May.

Robert J. Krapf Richards, Layton & Finger, P.A., Wilmington, DE Chair, ABA Section of Real Property, Trust and Estate Law

2016 CLE MEETING SPRING SYMPOSIA AMBAR.ORG/RPTESYMPOSIA

NET WOR K ING EVENTS A ND MEETING HIGHLIGHTS WEDNESDAY, MAY 11

be able to view the historic museum’s nearly 500,000 works of art. Transportation on own.

1 – 5:15 p.m.

Building and Managing Your Trust and Estate and Real Estate Practice This how-to CLE program provides practical ideas and tips for building and managing your practice. The program will focus on the most common client matters trust and estate and real property practitioners address as well as day-to-day management issues for solo and small firm practitioners. While this program is free, pre-registration is required and attendees are encouraged to attend all sessions, regardless of their current practice focus.

Sponsored by:

12 – 1:30 p.m.

11:30 a.m. – 1 p.m.

Group and Committee Box Lunch Cost: $25

Trust & Estate Division Program and Luncheon Hot Topics Cost: $50 5 – 6 p.m.

Reception with the Sponsors Join us for complimentary cocktails as we thank our 2016 Symposia sponsors for their generous support. For a complete list of our sponsors, see the last page of this brochure. 7 – 10 p.m.

Symposia Reception at the Museum of Fine Arts Cost: $50/attendee; $100/guest Join us for an evening of art, bites and bevs, and mingling with fellow Symposia attendees. During the reception, guests will

AMBAR.ORG/RPTESYMPOSIA SPRING SYMPOSIA 2016 CLE MEETING

Important developments for estate planners and hot topics on the IRS radar screen for estate planners are addressed. Topics will include legislative developments (including the basis of assets received from decedents’ estates and Social Security withdrawal alternatives), anticipated IRS announcements and regulations (including new regulations under Internal Revenue Code Section 2704 impacting valuation discounts), important planning trends, and recent cases addressing some of the hot topics. Speaker: Steve Akers, Managing Director, Bessemer Trust, Dallas, TX Sponsored by:

SCHEDULE AT-A-GLA NCE

W ED NES DAY, MAY 1 1 1 – 5 p.m.

Symposia Registration

1:00 – 5:15 p.m.

Building and Managing Your Trust and Estate and Real Estate Practice

5:30 – 6:30 p.m.

Diversity Reception (complimentary)

THU R SDAY, MAY 1 2 7 a.m. – 5 p.m.

Symposia Registration/Hospitality/Sponsors Expo

7:30 – 8:30 a.m.

Attendee Breakfast

8:30 – 9:30 a.m.

Guest Breakfast (ticketed)

8:30 – 11:15 a.m. 11:30 a.m. – 1:00 p.m. 1:15 – 4:45 p.m. 5 – 6 p.m. 7 – 10 p.m.

CLE Programming

Group and Committees Lunches (ticketed event) CLE Programming

Reception with the Sponsors (complimentary) Symposia Reception at the Museum of Fine Arts (ticketed event)

F R IDAY, MAY 1 3 7 a.m. – 4 p.m. 7:15 – 8:30 a.m.

Attendee Breakfast

8:30 – 9:30 a.m.

Guest Breakfast (ticketed)

8:30 a.m. – 12 p.m.

CLE Programming

12 – 1:30 p.m.

Trust & Estate Division Lunch (ticketed event)

12 – 1:30 p.m.

Real Property Division Lunch (ticketed event)

1:45 – 4:30 p.m.

Symposia Registration/Hospitality/Sponsors Expo

CLE Programming

2016 CLE MEETING SPRING SYMPOSIA AMBAR.ORG/RPTESYMPOSIA

R EA L PROPERT Y SYMPOSIUM PROGR A MS AT-A-GLA NCE

W ED NES DAY, MAY 1 1 1 – 5:15 p.m.

Building and Managing your Trust and Estate and Real Estate Practice (Rockport/Ipswich/Harbour — ground level)

THU R SDAY, M AY 12 Residential, Multifamily, and Special Use Group — What Happens When Revolution 8:00 - 9:30 a.m. Comes to You: How the Baltimore Riots Impacted the Mary Hardin Affordable Housing Development (St. George AB) Real Estate Financing Group - Local Counsel Opinion Letters in Real Estate Finance 9:45 – 11:15 a.m. Transactions: A Revolutionary Supplement to the Real Estate Finance Opinion Report of 2012 (St. George AB)

Practice Management Group — Revolutionizing Transactional Practice Methods: How to Overcome Transactional Attorney Pain Points with Evolving Practice Tools (St. George CD)

Land Use and Environmental Group: Natural Disaster and the Law (St. George CD)

11:30 a.m. – 1:00 p.m. Group and Committees Lunches (ticketed event) (Various rooms — See mobile app) Hospitality, Timesharing and Common Interest 1:15 – 2:45 p.m. Development Group — What’s Old is New Again: Adaptive Reuse of Historic and Unique Properties (St. George AB)

Commercial Real Estate Transactions Group — The Insurance is Coming! The Insurance is Coming: A Revolutionary Insurance Products For Your Real Estate Deal (St. George CD)

Leasing Group - Re-Lease Me (and Let Me Love 3:15 - 4:45 p.m. Again): Negotiating Lease Exit Strategies for Landlords and Tenants (St. George AB)

Special Investors and Investment Structures Group — Real Estate Contributions to REITs — Tax, Legal and Securities Laws Considerations (St. George CD)

F RIDAY, MAY 13 8:30 - 9:30 a.m. What You Didn’t Learn about Indian Land in Law School and Why You Need to Know It Now (Essex Center)

9:45 – 10:45 a.m. The Americans with Disabilities Act, the Facts and Urban Legends: What Every Real Property Lawyer Needs to Know (Essex Center)

11 a.m. – 12 p.m. SNDAs – Negotiation Tips from the Borrower, Lender and Tenant Perspectives (Essex Center)

How the “Sharing Economy” and Automation Will Change our Real Estate World (Staffordshire)

Dealing with Ethical Conflicts Should Not Require Revolutionary Thought: Ensuring a United Front and Preventing Revolt (Staffordshire) Did You Think that Through?: A Critique of Including Arbitration Clauses in Business Contracts (Staffordshire)

12 – 1:30 p.m. Real Property Division Luncheon (ticketed event) (Staffordshire) 1:45 - 3:00 p.m. Percentage Rent: What it Was and What it May Become in the Age of Multi-Channel Retail Sales (Essex Center) The Uniform Home Foreclosure Procedures Act: 3:15 - 4:30 p.m. Reforming the Residential Foreclosure Process (Essex Center)

AMBAR.ORG/RPTESYMPOSIA SPRING SYMPOSIA 2016 CLE MEETING

Law Professors' Panel: Recent Updates (Staffordshire)

Elimination of Bias in the Profession: An LGBT Ally Toolkit (St. George CD)

Top 10 Title Defects Cured (Staffordshire)

ETHICS PROGRAMS

ELIMINATION OF BIAS IN THE PROFESSION

TRUST A ND ESTATE SYMPOSIUM PROGR A MS AT-A-GLA NCE W ED NES DAY, MAY 1 1 1 – 5:15 p.m.

Building and Managing Your Trust and Estate and Real Estate Practice Program (Rockport/Ipswich/Harbour — Ground Level)

THU R SDAY, MAY 1 2 Litigation, Ethics, and Malpractice Group — Ethical Warnings for Attorneys Working with 8:00 - 9:30 a.m. Charitable Gifts: Traditional Revolution: One if by Land, Two if by Sea (Essex Center) Business Planning Group - Unlocking Private Company 9:45 – 11:15 a.m. Wealth: Give Me Liberty (and Plenty of Cash) (Essex Center) 11:30 a.m. – 1:00 p.m.

Non-Tax Estate Planning Considerations Group — NonTax Hot Topics Including an Update on the Digital Revolution (Essex North) Charitable Planning and Organizations Group — Charitable Gift Agreements in 2016 and Beyond: A New Revolution of Rising Expectations (Essex North)

Group and Committees Lunches (ticketed event) (Various rooms — See mobile app)

1:15 – 2:45 p.m.

Income and Transfer Tax Planning Group - Part 1: DSUE Rules & Regulations, Section 2704, Basis Consistency, Closing Letters, and Treasury Developments; Part 2: Working with the Taxpayer Advocate; and Part 3: Diagnosing and Treating GST Exempt Trusts (Essex Center)

Employee Benefit Plans and Other Compensation Arrangements Group — Dividing Retirement Funds on Death or Divorce (Essex North)

3:15 - 4:45 p.m.

Income and Transfer Tax Planning Group - Part 4: Taxation of Trusts After Divorce: Grantor Trusts, Section 682 and International Considerations; and Part 5: Hot Topics: U.S. Trusts for Foreign Families, the New EU Succession Regulations and U.S. Expatriation Regulations (Essex Center)

Elder Law, Disability Planning and Bioethics Group — The ABLE Act, Social Security Benefits Planning, Veterans Benefits and Guardianship Reform: Revolutionary Methods to Fund and Manage Disability and Retirement (Essex North)

F R IDAY, MAY 1 3 7:30 – 8:30 a.m.

Testamentary Intent and Social Change: The Story of How a Last Will Allowed the Sutton Family to be Free (Empire Room — 7th floor)

8:30 - 9:30 a.m.

New Section 2704 Regulations: Revolutionary or Revolting (St. George CD)

Assessing Issues in Using Trust Funds to Defend the Trustee’s Conduct: Into the Breach: Should a Trustee Have to Look to France (or any third party) to Finance a Defense? (Essex North)

Art in the Estate Plan — The Providence of Provenance: What Every Estate Planner Needs to Know about Authenticity, Good Title and Provenance (Essex Northeast)

9:45 – 10:45 a.m.

Double Basis Step Up and Consensual Community Property: Coming Soon to a State Near You? (St. George CD)

Never Pay Estate Taxes: The Annual Taxable Gifts Approach with a CLAT Remainder (Essex North)

Equal Justice Under Law: Nationwide Marriage Equality (Almost) One Year Later (Essex Northeast)

11 a.m. – 12 p.m.

Basis Issues with Pass-Through Entities: Stepping Up and Stepping Out (St. George CD)

Avoiding International Entanglements for the Domestic Estate Planning Attorney: Lessons from Washington’s Farewell Address (Essex North)

The Ethics of Insurance Contract Based Estate Planning: The New Frontier (Essex Northeast)

12 – 1:30 p.m. 1:45 - 3:00 p.m.

Trust and Estate Division Lunch (ticketed event) (Essex South) Elimination of Bias in the Profession: An LGBT Ally Toolkit (St. George CD)

Conflicts of Interest: Are Estate Planners 3:15 - 4:30 p.m. the Benedict Arnolds of the Trust World? (St. George CD) 6

ETHICS PROGRAMS

Revolutionary Ways for Defending Assets for ERISA and Non-ERISA Attorneys (Essex North)

Tips from Tax Trial Lawyers: Audit and Beyond (Essex Northeast)

Practical Planning for Truly Unique Assets: From Snowflakes to Marijuana (Essex North)

Third Party Irrevocable Spendthrift Trusts and Divorce: The Ticking Time Bomb - How Family Courts Can Blow Up the Estate Plan (Essex Northeast)

ELIMINATION OF BIAS IN THE PROFESSION

2016 CLE MEETING SPRING SYMPOSIA AMBAR.ORG/RPTESYMPOSIA

R EA L PROPERT Y SYMPOSIUM WEDN E SDAY, MAY 1 1

WEDNESDAY CLE PROGRAM ROOM: ROCKPORT/IPSWICH/HARBOUR — GROUND LEVEL 1 – 5:15 P.M.

Building and Managing Your Trust and Estate and Real Estate Practice This three-part program will equip attendees with practical knowledge they can put to use immediately when working with clients on the most common real estate and estate planning projects. The first two sessions will provide substantive guidance on navigating common disputes between landlords and tenants and interviewing and counseling clients in estate planning. The third session will focus on strategies for building a successful real estate and estate planning practice. Program Chairs: Susan N. Gary, University of Oregon School of Law, Eugene, OR; Benetta P. Jenson, J.P. Morgan, Chicago, IL; and Ira Meislik, Meislik & Meislik, Montclair, NJ

Speaker: Clarence Robinson, The Law Offices of Timothy R. Loff, Newton, MA 4:15 – 5:15 P.M.

Session 3: Building and Managing a Successful Real Estate or Trust and Estate Practice This session will focus on strategies for developing vibrant practices in real estate and trust and estate and will give attendees the top ten tips from RPTE solo and small firm lawyers. Topics to be addressed include: ■■ Defining estate planning and real estate practices; ■■ Finding and keeping clients; ■■ Setting fees and fee agreements; ■■ Preparing essential checklists and sample forms that every solo and small firm lawyer needs in real estate or estate planning practices; and ■■ Using essential technology and mobile applications for today’s solo and small firm lawyers. Moderator: Soo Yeon Lee, Gordon & Centracchio, LLC, Chicago, IL Speaker: Laura Lattman, The Lattman Law Firm, New York, NY

1 – 2:30 P.M.

Session 1: Building a Real Estate Practice: Landlord/Tenant Disputes This session will focus on the most common residential landlord/tenant disputes. Specific topics to be discussed include: ■■ Issues particularly relevant to residential leases; ■■ Withholding of rent payment and interplay with local ordinances; ■■ Common residential disputes including return of security deposits; and ■■ Representing clients in eviction proceedings. Moderator: Tanya Marsh, Wake Forest University School of Law, Winston Salem, NC 2:45 – 4 P.M.

Session 2: Building an Estate Planning Practice: Interviewing, Counseling, and Cultivating Clients This session will focus on the client interview process counseling clients, and estate planning basics. Specific topics include: ■■ Interviewing clients; ■■ Assessing client competency; ■■ Addressing creditor issues; ■■ Form language and sample documents; ■■ Ethical issues involving multi-party representation; and ■■ Advance directives and durable powers of attorney. Moderator: Lee-ford Tritt, University of Florida College of Law, Gainesville, FL

AMBAR.ORG/RPTESYMPOSIA SPRING SYMPOSIA 2016 CLE MEETING

THURSDAY CLE PROGRAMS ROOM: ST. GEORGE CD 8:00 - 9:30 A.M.

Practice Management Group Revolutionizing Transactional Practice Methods: How to Overcome Transactional Attorney Pain Points with Evolving Practice Tools There are many pain-points that transactional attorneys face every day. This program reviews recent advances in on-line products that incorporate tools for transactional attorneys that helps them work more effectively, efficiently, and confidently. Program Chair: Richard Sobelsohn, LexisNexis, New York, NY Speaker: Vincent Macauda, Millman National Land Services, Canton, OH ROOM: ST. GEORGE AB 8:00 - 9:30 A.M.

Residential, MultiFamily, and Special Use Group What Happens When Revolution Comes to You: How the Baltimore Riots Impacted The Mary Hardin Affordable Housing Development Project This will be a case study of the impact the Baltimore riots had on a transaction caught in the middle of civil unrest. The panel will discuss: ■■ The effects of the Baltimore riots on the existing development; ■■ Funds allocated for development; ■■ Compelling governmental interests; 7

R EA L PROPERT Y SYMPOSIUM T HURSDAY, MAY 1 2 Tax credits and incentives; Community response; and ■■ Contract issues. Program Chair and Moderator: Cynthia Langelier Paine, Katten Muchin Rosenman LLP, Washington, DC Speakers: David Cooper, Woda Group, Westerville, OH; Efrem Levy, Reno Cavanaugh PLLP, Washington, DC; and Donald Rencher, Michigan State Housing Development Authority, Detroit, MI

Anthony DellaPelle, McKirdy & Riskin, PA, Morristown, NJ; and Zack Rosenberg, The St. Bernard Project, Chalmette, LA

ROOM: ST. GEORGE AB 9:45 - 11:15 A.M.

Nationwide, and in Boston specifically, developers and communities are working together to convert older buildings into new hotels, condominiums, timeshares, and other mixed uses. This program will focus on the myriad issues that come with repurposing historic structures: ■■ Project financing considerations; ■■ The application of alternative or historic building codes; ■■ The introduction of special historic preservation review bodies in the land use application process; and ■■ Compliance issues with “new” laws. Program Chair and Moderator: Joseph Lubinski, Ballard Spahr LLP, Denver, CO Speakers: Gregg Ficks, Coblentz Patch Duffy & Bass LLP, San Francisco, CA; Robert Lannan, Lannan Legal PLLC, Washington, D.C.; and Daniel Kolodner, Klein Hornig LLP, Boston, MA

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Real Estate Financing Group Local Counsel Opinion Letters in Real Estate Finance Transactions: A Revolutionary Supplement to the Real Estate Finance Opinion Report of 2012 This program will present the Local Counsel Opinion Letter Supplement prepared by representatives from the opinion committees of the ABA Section of Real Property, Trust and Estate Law, the American College of Real Estate Lawyers, and the American College of Mortgage Attorneys. The program will: ■■ Describe the role of local counsel in multi-state financings and how that role differs from lead borrower’s counsel; ■■ Discuss the opinions that are appropriate, and not appropriate, for local counsel to give and why; and ■■ Explain how the assumptions and qualifications in local counsel opinions differ from those in lead counsel opinions. Program Chair and Speaker: Edward Levin, Gordon Feinblatt LLC, Baltimore, MD Moderator: Charles Menges, McGuireWoods LLP, Richmond, VA Speakers: William Dunn, Clark Hill PLC, Grand Rapids, MI and Lydia Stefanowicz, Greenbaum, Rowe, Smith & Davis LLP, Woodbridge, NJ ROOM: ST. GEORGE CD 9:45 - 11:15 A.M.

Land Use and Environmental Law Group Natural Disaster and the Law The program will address the role of property law in natural disasters throughout the country and how the law is evolving in reaction to increased frequency of natural disasters. The panelists will discuss: ■■ Government policies and funding for disaster recovery; ■■ Land use and environmental issues; and ■■ New approaches, policies and lessons learned from Hurricanes Sandy and Katrina, Western droughts and South Carolina flooding. Program Chair and Speaker: Megan Reiss, Fishman Haygood, LLP, New Orleans, LA Speakers: Daniel Aldrich, Northeastern University, Boston, MA;

ROOM: ST. GEORGE AB 1:15 - 2:45 P.M.

Hospitality, Timesharing and Common Interests Development Group What’s Old is New Again: Adaptive Reuse of Historic and Unique Properties

ROOM: ST. GEORGE CD 1:15 - 2:45 P.M.

Commercial Real Estate Transactions Group The Insurance is Coming! The Insurance is Coming! Revolutionary Insurance Products For Your Real Estate Deal Understanding the various insurance products that your clients need to consider for a real estate deal is critical. Attorneys cannot simply ignore this responsibility and rely entirely on insurance agents. Our panelists will discuss important nuances of more commonly misunderstood insurance products and how each of these might fit into your real estate deal: ■■ Environmental insurance; ■■ Representations and warranties insurance; and ■■ Business interruption insurance. Program Chair and Moderator: Scott Pence, Carlton Fields, Tampa, FL Speakers: Nancy Rich, Katten Muchin Rosenman, LLP, Chicago, IL; Richard Fineman, Trefoil Properties, LP, Lansdale, PA; and Craig Stanovich, Austin & Stanovich Risk Managers, LLC, Holden, MA

2016 CLE MEETING SPRING SYMPOSIA AMBAR.ORG/RPTESYMPOSIA

R EA L PROPERT Y SYMPOSIUM T HURSDAY, MAY 1 2 – FRIDAY, MAY 1 3 ROOM: ST. GEORGE CD 3:15 - 4:45 P.M.

Special Investors and Investment Structure Group Real Estate Contributions to REITs: Tax, Legal and Securities Laws Considerations Real Estate Investment Trusts are major equity players in the commercial real estate market. REITs are subject to specific tax laws that affect how REITS can operate. This program includes: ■■ Tax consequences of real estate dispositions (for cash, notes, like-kind exchanges, partnership contributions); ■■ Overview of the UpREIT structure; ■■ Legal aspects of real estate contributions to REITs; and ■■ Securities laws aspects of REIT contributions. Program Chair and Moderator: Stephanie Smith, U.S. Department of Agriculture, Washington, DC Speakers: Theodore Grannatt, McCarter & English, LLP, New York, NY; Christopher Roman, Fried, Frank, Harris, Shriver & Jacobson LLP, New York, NY; and Andrea Whiteway, Ernst & Young US, LLP, Washington, DC ROOM: ST. GEORGE AB 3:15 - 4:45 P.M.

Leasing Group Re-Lease Me (and Let Me Love Again): Negotiating Lease Exit Strategies for Landlords and Tenants Unexpected changes in business or circumstances can result in tenants no longer needing some or all of their leased space. In anticipation of future events, other tenants might negotiate for lease rights that provide flexibility down the road. This program will provide practical negotiating and drafting advice for both lease negotiations and after lease execution. Topics to be discussed include: ■■ Assignment and sublease rights; ■■ Early termination rights; ■■ “Go dark” rights; ■■ Contraction rights; and ■■ Voluntary surrender agreements. Program Chair and Moderator: Scott Dibbs, Hill Ward Henderson, Tampa, FL Speakers: Nancy Davids, Goulston & Storrs, Boston, MA; G. Andrew Gardner, Hurtuk & Daroff Co., LLP, Cleveland, OH; and Eric Labbe, Dain, Torpy, Le Ray, Wiest & Garner P.C, Boston, MA

AMBAR.ORG/RPTESYMPOSIA SPRING SYMPOSIA 2016 CLE MEETING

FRIDAY CLE PROGRAMS ROOM: ESSEX CENTER 8:30 - 9:30 A.M.

What You Didn’t Learn about Indian Land in Law School And Why You Need to Know It Now Non-gaming real estate transactions involving Indian tribes are increasingly common and are more likely than ever to impact commercial real estate clients. This presentation will address what is meant by “Indian land,” the sovereignty of Indian lands, and key federal laws, regulations and approvals affecting nongaming commercial real estate deals on Indian land. Using real world scenarios, our panel will focus on Indian land basics and the issues you need to consider when: ■■ Your developer client wants to site a project on land held by the United States in trust for an Indian tribe; ■■ Your retail client wants your comments on a tenant’s lease for space in a tribally-owned retail center; ■■ Your client hires you to handle a “simple” easement for a road across tribal land; and ■■ Your lender client asks you to close a mortgage loan secured by land leased from an Indian tribe. Program Chair: Jin Liu, Carlton Fields, Tampa, FL Speakers: Nancy Appleby, Appleby Law PLLC, Alexandria, VA; Dana Grutchfield, Old Republic Title, Tampa, FL; and Jack Zachow, Old Republic Title, Tampa, FL ROOM: STAFFORDSHIRE 8:30 - 9:30 A.M.

How the “Sharing Economy” and Automation will Change our Real Estate World This program will discuss a number of upstart companies (beyond Airbnb and HomeAway) which are changing the way that hospitality, office and industrial properties are starting to be used and developed, and how we must adapt our real estate practices for these changes. The panel will discuss: ■■ How these companies’ disruptive innovation can conflict with conventional zoning, licensing and taxing regulations; ■■ How these companies respond to those challenges; ■■ The current ongoing legal battles being fought over these issues; and ■■ How automation will change real estate practice. Program Chair and Moderator: Nancy Haggerty, Michael, Best & Friedrich, LLP, Milwaukee, WI Speakers: Nancy Grekin, Law Offices of Nancy Grekin, Honolulu, HI; Peter Kennedy, Graves, Dougherty, Hearon & Moody, Austin, TX; and Kenneth Tinkler, Carlton Fields Jorden Burt PA, Tampa, FL

R EA L PROPERT Y SYMPOSIUM FRIDAY, MAY 1 3 ROOM: ESSEX CENTER 9:45 - 10:45 A.M.

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The Americans with Disabilities Act, The Facts and Urban Legends: What Every Real Property Lawyer Needs to Know More than one quarter century after it was enacted, the Americans with Disabilities Act of 1990 continues to evolve. The panel will discuss the ADA, separating facts from urban legends, as well as: ■■ How the ADA impacts your real estate clients; ■■ The litigation landscape concerning architectural and other barriers, rights, remedies and enforcement; and ■■ Practical advice regarding ADA due diligence, litigation and enterprise-wide ADA compliance. Program Chair: Ruth Schoenmeyer, Pircher, Nichols & Meeks, Chicago, IL Moderator: Anita Agajanian, DLA Piper, Boston, MA Speakers: Martin Orlick, Jeffers Mangel Butler & Mitchell LLP, San Francisco, CA and Minh Vu, Seyfarth Shaw LLP, Washington, DC ROOM: STAFFORDSHIRE 9:45 - 10:45 A.M.

Dealing with Ethical Conflicts Should Not Require Revolutionary Thought: Ensuring a United Front and Preventing Revolt Every lawyer and law firm has to deal with the issue of conflicts — it is unavoidable and inevitable. However, the approach to and resolution of conflicts is not necessarily simple. A law firm must be consistent and united in its approach to conflicts, or else revolt (and malpractice claims) are on the horizon. The panel will discuss various questions pertaining to conflicts, including: ■■ Is it really a conflict, just a matter of disclosure, or nothing to worry about at all? ■■ Is the conflict waivable? ■■ Can an ethical screen be effected to enable representation? ■■ Is an advance waiver appropriate, and can it be effective? Program Chair, Moderator and Speaker: Robert Freedman, Carlton Fields, Tampa, FL Speakers: Alison Bost, Womble Carlyle Sandridge & Rice, LLP, Charlotte, NC and Randy Curato, ALAS, Inc., Chicago, IL ROOM: ESSEX CENTER 11:00 A.M. - 12:00 P.M.

SNDAs: Negotiation Tips from the Borrower, Lender and Tenant Perspectives This program will focus on negotiation aspects that counsel to the borrower, lender and tenant should consider when confronted with SNDAs. Topics to be addressed by the panel will include: ■■ Overview of SNDAs and their purpose;

General form of SNDA language; Negotiation points from the perspective of the borrower, lender and tenant; and ■■ Alternative SNDA language that can be used in particular situations. Program Chair and Moderator: Wogan Bernard, Chaffe McCall L.L.P., New Orleans, LA Speakers: Joy Barrist, Benesch, Friedlander, Coplan & Aronoff LLP, Wilmington, DE; Tina Hebert, Stone Pigman Walther Wittman; New Orleans, LA; Anna Mahaney, Ballard Spahr LLP, Baltimore, MD; and John Trott, Cox, Castle & Nicholson LLP, Los Angeles, CA ■■

ROOM: STAFFORDSHIRE 11:00 A.M. - 12:00 P.M.

Did You Think That Through?: A Critique Including Arbitration Clauses in Business Contracts Most transactional lawyers (and their clients) assume that arbitration will reduce the cost, risk and time involved in resolving legal disputes, and will result in a fairer outcome than they would receive from a judge or jury. As a result, arbitration clauses are routinely included in business contracts. Is this a flawed assumption? The panel will explore whether or not arbitration is a preferable forum for resolving disputes as well as the pros/cons of being in court versus arbitration, including: ■■ Pros/cons of being in court versus arbitration; ■■ Procedural differences in the two forums; ■■ Appealability of decisions; ■■ Cost and speed of the proceedings; and other key issues. Program Chair and Moderator: Lori Mince, Fishman Haygood, LLP, New Orleans, LA Speakers: Phil Cottone, Malvern, PA; Gladstone Jones, Jones, Swanson, Huddell & Garrison, LLC, New Orleans, LA; and Carl Solomont, Morgan Lewis & Bockius, LLP, Boston, MA ROOM: ESSEX CENTER 1:45 - 3:00 P.M.

Percentage Rent: What it Was and What it May Become in the Age of Multi-Channel Retail Sales This program will address the evolving role of percentage rent in a retail lease, with particular focus on the growth of multichannel retail sales, their impact on percentage rent, and the expectations of landlords and tenants regarding the use of stores to generate retail sales. The panel will discuss: ■■ What is percentage rent and why do landlords want it? ■■ How can one define the tenant’s sales for purposes of percentage rent (what should be included and excluded?) ■■ What are the requirements for recording, reporting and auditing tenant’s sales? ■■ What is the impact of multi-channel retail sales on percentage rent and tenants’ use of stores?

ETHICS PROGRAMS

2016 CLE MEETING SPRING SYMPOSIA AMBAR.ORG/RPTESYMPOSIA

R EA L PROPERT Y SYMPOSIUM FRIDAY, MAY 1 3 Program Chair and Moderator: Robert Shansky, Scarola Malone & Zubatov LLP, New York, NY Speakers: Nadav Ravid, The Ravid Law Group, Los Angeles, CA and Rosie Rees, Pircher, Nichols & Meeks, Chicago, IL ROOM: STAFFORDSHIRE 1:45 - 3:00 P.M.

Law Professors' Panel: Recent Updates Real estate faculty experts will report on recent real estaterelated appellate cases relevant to your practice in a lively open forum setting. Likely topics will include: ■■ Landlord-tenant issues; ■■ Easements, real covenants, and equitable servitudes; ■■ Conveyancing; ■■ Mortgages and foreclosure practices; and ■■ Public land use controls. Program Chair: Tanya Marsh, Wake Forest University School of Law, Winston-Salem, NC Moderator: Wilson Freyermuth, University of Missouri School of Law, Columbia, MO Speakers: Andrea Boyack, Washburn University, Topeka, KS; and Chris Odinet, Southern University Law Center, Baton Rouge, LA ROOM: ST. GEORGE CD 1:45 - 3:00 P.M.

Elimination of Bias in the Profession: An LGBT Ally Toolkit Attorneys who are either perceived to be or are actually LGBT experience bias and discrimination not necessarily because of their LGBT status, but rather, because of the implications of that status. The ABA Commission on Sexual Orientation and Gender Identity (SOGI) developed its LGBT Ally Toolkit as a resource for employers, particularly law firms and other legal employers, to support their LGBT professionals and lawyers and to provide education and training for their attorneys and other members of their workforces. In addition to vocabulary and resources, panelists will discuss: ■■ Interactions with LGBT co-workers; ■■ Harassment of and retaliation against employees who protest; ■■ Best practices. Program Chair: Ira Meislik, Meislik & Meislik, Montclair, NJ Moderator: Natasha McFarland, The Georgetown University Law Center, Washington, DC Speakers: Elizabeth Lindsay-Ochoa, Loring, Wolcott & Coolidge, Boston, MA; Henry Talavera, Polsinelli, Dallas, TX; and Julie Wilensky, Civil Rights Education & Enforcement Center, Berkley, CA

AMBAR.ORG/RPTESYMPOSIA SPRING SYMPOSIA 2016 CLE MEETING

ROOM: STAFFORDSHIRE 3:15 - 4:30 P.M.

Top Ten Title Defects Cured This program will discuss the panelists’ top 10 title defects and how they can be cured: ■■ Break in the chain of title; ■■ Rights of third parties; ■■ Mortgage-related defects; ■■ Judgement and liens; ■■ Legal description and survey errors; ■■ Foreclosures; ■■ Estates; ■■ Easements, encroachments and setbacks; ■■ Unpaid taxes; and ■■ Fraud and forgery. Program Chair and Moderator: Sara Toner, Richards Layton & Finger, Wilmington, DE Speaker: Marjorie Bardwell, Fidelity National Title Group, Jacksonville, FL; Jim Gosdin, Stewart Title, Sugar Land, TX; and Christina Jenkins, Middlberg Riddle Group, Dallas, TX ROOM: ESSEX CENTER 3:15 - 4:30 P.M.

The Uniform Home Foreclosure Procedures Act: Reforming the Home Foreclosure Process The new Uniform Home Foreclosure Procedures Act (UHFPA) was approved in 2015 by the Uniform Law Commission and is now available for enactment. This drafting project was one of the most controversial uniform law projects of the past decade and the act has not yet been supported for enactment by either the banking industry or by national consumer advocacy groups. The panel will discuss: ■■ Is the foreclosure process in need of reform? ■■ Is uniformity among states even possible? ■■ Issues and innovations in the UHFPA, and the perspectives of both lender and borrower; and ■■ Policy considerations and what the future might hold. Program Chair: Benjamin Orzeske, Uniform Law Commission, Chicago, IL Moderator: Barry Nekritz, Faegre Baker Daniels, Chicago, IL Speakers: William Breetz, Connecticut Urban Legal Initiative, Inc., Hartford, CT; Thomas Cox, Maine Attorneys Saving Homes, Portland, ME; Stephanie Heller, Federal Reserve Bank of New York, New York, NY; and Mathew Street, American Bankers Association, Washington, DC

ELIMINATION OF BIAS IN THE PROFESSION

TRUST & ESTATE SYMPOSIUM W E D N E SDAY, MAY 1 1

WEDNESDAY CLE PROGRAM ROOM: ROCKPORT/IPSWICH/HARBOUR — GROUND LEVEL 1 – 5:15 P.M.

Building and Managing Your Trust and Estate and Real Estate Practice This three-part program will equip attendees with practical knowledge and frameworks they can put to use immediately when working with clients on the most common real estate and estate planning projects. The first two sessions will provide substantive guidance on navigating common disputes between landlords and tenants and interviewing and counseling clients in estate planning. The third session will focus on strategies for building a successful real estate and estate planning practice. Program Chairs: Susan N. Gary, University of Oregon School of Law, Eugene, OR; Benetta P. Jenson, J.P. Morgan, Chicago, IL; and Ira Meislik, Meislik & Meislik, Montclair, NJ 1 – 2:30 P.M.

Building a Real Estate Practice: Landlord/Tenant Disputes This session will focus on the most common residential landlord/tenant disputes. Specific topics to be discussed include: ■■ Issues particularly relevant to residential leases; ■■ Withholding of rent payment and interplay with local ordinances; ■■ Common residential disputes including return of security deposits; and ■■ Representing clients in eviction proceedings. Moderator: Tanya Marsh, Wake Forest University School of Law, Winston Salem, NC 2:45 – 4 P.M.

Session 2: Building an Estate Planning Practice: Interviewing, Counseling, and Cultivating Clients This session will focus on the client interview process, counseling clients, and some other estate planning basics. Specific topics include: ■■ Interviewing clients; ■■ Assessing client competency; ■■ Addressing creditor issues; ■■ Form language and sample documents; ■■ Ethical issues involving multi-party representation; and ■■ Advance directives and durable powers of attorney. Moderator: Lee-ford Tritt, University of Florida College of Law, Gainesville, FL

Speaker: Clarence Robinson, The Law Offices of Timothy R. Loff, Newton, MA 4:15 – 5:15 P.M.

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Defining estate planning and real estate practices; Finding and keeping clients; Setting fees and fee agreements; Preparing essential checklists and sample forms that every solo and small firm lawyer needs in real estate or estate planning practices; and Using essential technology and mobile applications for today’s solo and small firm lawyers.

Moderator: Soo Yeon Lee, Gordon & Centracchio, LLC, Chicago, IL Speaker: Laura Lattman, The Lattman Law Firm, New York, NY

THURSDAY CLE PROGRAMS ROOM: ESSEX CENTER 8:00 - 9:30 A.M.

Litigation, Ethics and Malpractice Group Ethical Warnings for Attorneys Working with Charitable Gifts: Traditional Revolution: One if by Land, Two if by Sea This panel will focus on gifts and bequests to nonprofit entities including charitable organizations and foundations, legal and ethical issues that may arise when a lawyer with a fiduciary or close relationship with a charity considers representing of a potential donor. Authorities and sources discussed will include: ABA Model Rules and Commentary, ACTEC Commentaries, various states’ ethics rules and case law (in particular, Illinois, New York, and Ohio). Program Chair and Speaker: David Lieberman, Levin Schreder Carey, Chicago, IL Moderator: Ray Prather, Prather & Ebner, Chicago, IL Speakers: Julia Meister, Taft, Cincinnati, OH and Janis Meyer, Hinshaw & Culbertson LLP, New York, NY

ETHICS PROGRAMS

2016 CLE MEETING SPRING SYMPOSIA AMBAR.ORG/RPTESYMPOSIA

TRUST & ESTATE SYMPOSIUM T H URSDAY, MAY 1 2 ROOM: ESSEX NORTH 8:00 - 9:30 A.M.

ROOM: ESSEX CENTER 9:45 - 11:15 A.M.

Non-Tax Estate Planning Considerations Group Non-Tax Hot Topics Including an Update on the Digital Revolution

Business Planning Group Unlocking Private Company Wealth: Give Me Liberty (and Plenty of Cash)

Professor Tritt will lead a program highlighting new developments in estate planning. The panel will present the latest non-tax hot topics and update attendees on issues relating to the revised uniform law concerning digital assets. Ownership, protection and transfer of digital assets has been an area where controversy has arisen between many attorneys and the businesses which provide digital services to clients. Program Chair: Robert Kareltiz, Wellesey, MA Moderator: David Slenn, Quarles & Brady LLP, Naples, FL Speakers: Sasha Klein, Sabadell Bank and Trust, Palm Beach, FL; Jonathan Lee, Sojourner Caughman & Thomas, LLC, Columbia, SC; Carly McKeeman, Evercore Wealth Management, New York, NY; Karin Prangley, Brown Brothers Harriman & Co., Chicago, IL; and Lee-ford Tritt, University of Florida College of Law, Gainesville, FL

According to the U.S. Small Business Administration, small businesses employ about half of the private sector and contribute over 50% to the nation’s Gross Domestic Product. The wealth attributable to the ownership of these closely held enterprises is illiquid, often highly so. Indeed, these business owners too often focus only on their business, and not on their value as a major component of individual net worth. Whether the client intends for the business to be passed down in the family or eventually sold, it is important to manage the asset as a component of the owner’s net worth. This program will explore the various means of unlocking that illiquid value, so it can be used currently by the owner and his or her family. The panelists will discuss: ■■ Creating a budget for managing cash flow; ■■ Determining the rate of return on a business owner’s investment; ■■ Strategies for managing private company wealth; ■■ How to determine if a business is ready for sale; and ■■ 25 questions to ask business owners. Program Chair: William Sanderson, McGuireWoods LLP, Washington, DC Speakers: Ed Koren, Holland & Knight, Tampa, FL; and Z. Christopher Mercer, Mercer Capital, Memphis, TN

ROOM: ESSEX NORTH 9:45 - 11:15 A.M.

Charitable Planning & Organizations Group Charitable Gift Agreements in 2016 and Beyond: A New Revolution of Rising Expectations Charitable gift agreements have changed dramatically over the past two decades as donors have become more assertive in directing how they would like charities to use their gifts and enforcing donor intent. Meanwhile, charitable recipients are applying stricter criteria for the acceptance of gifts. So, what can donors and donees expect in 2016 and beyond? This panel will discuss drafting charitable gift agreements by presenting the points of view of the donor, the donee charitable organization and the State Attorneys General. Specifically, the discussion will focus on: ■■ The essential terms of a charitable gift agreement; ■■ Provisions that protect the donor’s interests and the donee’s interests, including standing; ■■ The negotiation process; and ■■ The role of the State Attorney General. Program Chair and Moderator: Sally Venverloh, U.S. Trust, Bank of America Private Wealth Management, Chicago, IL Speakers: Eric Carriker, Office of the Massachusetts Attorney General, Boston, MA; Debra DeVaughn, Wellesley College, Wellesley, MA; Michele McKinnon, McGuireWoods LLP, Richmond, VA; and Nancy McLaughlin, University of Utah College of Law, Salt Lake City, UT

AMBAR.ORG/RPTESYMPOSIA SPRING SYMPOSIA 2016 CLE MEETING

ROOM: ESSEX CENTER 1:15 - 4:45 P.M.

Income and Transfer Tax Planning Group Income and Transfer Tax Planning Group Program Part 1: Sessions 1-3 1:15 – 1:45 P.M. – DSUE Rules & Regulations, Section 2704, Basis Consistency, Closing Letters, and Treasury Developments 1:45 – 2:10 P.M. – Working with the Taxpayer Advocate 2:10 – 2:45 P.M. – Diagnosing and Treating GST Exempt Trusts Part 2: Sessions 4-5 3:15 – 3:45 P.M. – Taxation of Trusts After Divorce: Grantor Trusts, Section 682 and International Considerations 3:45 – 4:45 P.M. – Hot Topics: U.S. Trusts for Foreign Families, the New EU Succession Regulations and U.S. Expatriation Regulations Program Chair: Stephanie Loomis-Price, Winstead PC, Houston, TX

TRUST & ESTATE SYMPOSIUM T HURSDAY, MAY 1 2 ROOM: ESSEX CENTER 1:15 – 1:45 P.M.

Part 1 Session 1: DSUE Rules & Regulations, Section 2704, Basis Consistency, Closing Letters, and Treasury Developments This session will address the following topics: ■■ DSUE or Do We? Now that we have final DSUE regulations, we’ll cover a couple of the open items that practitioners need to consider when making the election. ■■ Basis Consistency—A review of the requirements and reporting challenges raised by IRC Sections 1014(f), 6035 and new Form 8971. ■■ No Closing Letters? What practitioners need to know about the new procedures for obtaining closing letters, and possible benefits of the new rules. ■■ Developments at IRS & Treasury—Insights from Passthroughs and Special Industries’ Branch IV Chief for insights into developments at the Internal Revenue Service and Treasury. Speakers: Marianne Kayan, Ernst & Young, Washington, DC; Carl King, Culp Elliott & Carpenter, P.L.L.C., Charlotte, NC; Lester Law, Abbot Downing, Naples, FL; and Melissa Liquerman, PSI Branch IV Chief, IRS, Washington, DC ROOM: ESSEX CENTER 1:45 – 2:10 P.M.

Part 1 Session 2: Working with the Taxpayer Advocate Nina E. Olson, the National Taxpayer Advocate, is the voice of the taxpayer at the IRS and before Congress. Under her leadership, the Taxpayer Advocate Service helps hundreds of thousands of people every year resolve problems with the IRS. The Taxpayer Advocate Service also addresses systemic issues within the IRS. Ms. Olson’s Annual Report to Congress identifies the most serious problems facing taxpayers and recommends solutions. In 2015, Ms. Olson urged the IRS to adopt a Taxpayer Bill of Rights; she also called for Congress to fund the IRS adequately to better serve taxpayers. Both the IRS and Congress listened – and the recent omnibus bill adopted the Taxpayer Bill of Rights! Join us for a presentation by Ms. Olson to hear her 2016 recommendations on the IRS’s “future state vision,” as well as insights into the Taxpayer Advocate process. Speaker: Nina Olsen, National Taxpayer Advocate, IRS, Washington, D.C. ROOM: ESSEX CENTER 2:10 – 2:45 P.M.

Part 1 Session 3: Diagnosing GST Trusts Your client has a “GST exempt trust.” How do you know it really is GST exempt? How do you confirm the trust's inclusion

ratio? And what are your options if you discover potential issues or past errors or taxable events? Join us for a practical look at how to “diagnose” an existing GST exempt trust. Speakers: Nathan Brown, Proskauer Rose LLP, Palm Beach, FL; Jim Hogan, Andersen Tax LLC, McLean, VA; Julie Kwon, McDermott Will & Emery LLP, Menlo Park, CA; and Brandon Ross, Loeb & Loeb LLP, Washington, DC ROOM: ESSEX NORTH 1:15 - 2:45 P.M.

Employee Benefits Group Dividing Retirement Funds on Death or Divorce Who gets the retirement funds when there is a death or divorce? The confluence of ERISA and estate planning considerations can be bewildering. The panel will explore: ■■ Critical differences at death and divorce between ERISA plans and non-ERISA arrangements such as IRAs, and between qualified and non-qualified plans; ■■ QDROs (Qualified Domestic Relations Orders), including recent cases involving post-mortem QDROs; ■■ Optimizing required minimum distributions after death; ■■ Beneficiary designations, including designation of trusts as beneficiaries of retirement funds; ■■ Choice of contingent beneficiaries and the default beneficiary trap; ■■ Disclaimers of interests in retirement plans; ■■ Protecting retirement assets from creditors after death; and ■■ Considerations for high net worth individuals and small business owners regarding planning with retirement assets. Program Chair and Moderator: Karen Suhre, Dallas, TX Speakers: Lacy Durham, Deloitte, Dallas, TX; Henry Talavera, Polsinelli, Dallas, TX; David Valente, Casner & Edwards LLP, Boston, MA; and Courtney Vomund, The Laclede Group, Inc., St. Louis, MO ROOM: ESSEX NORTH 3:15 - 4:45 P.M.

Elder Law, Disability Planning and Bioethics Group The ABLE Act, Social Security Benefits Planning, Veterans Benefits and Guardianship Reform: Revolutionary Methods to Anticipate and Manage Disability and Retirement Needs The panel will discuss new and sometimes overlooked ways to plan for retirement and disability. The panel will include a representative from the Social Security Administration and lawyers active in implementing and drafting plans to optimize retirement and disability benefits. The specific topics will include: ■■ The opportunities and limitations of accounts authorized by the ABLE Act, which allows families of young persons with

2016 CLE MEETING SPRING SYMPOSIA AMBAR.ORG/RPTESYMPOSIA

TRUST & ESTATE SYMPOSIUM T HURSDAY, MAY 1 2 – FRIDAY, MAY 1 3 disabilities to establish tax exempt accounts to provide for future needs; ■■ Strategies for optimizing Social Security retirement benefits; ■■ Strategies for optimizing Veterans benefits; and ■■ Continuing efforts to improve adult guardianships, as demonstrated by revisions to the Uniform Guardianship and Protective Proceedings Act. Program Chair and Moderator: Karen Boxx, University of Washington School of Law, Seattle, WA Speakers: Heidi Brown, Osterhout & McKinney, P.A., Ft. Myers, FL; Steve Richardson, Social Security Administration, Boston, MA; Benjamin Rubin, Rubin Law, Buffalo Grove, IL; and Catherine Seal, Kirtland & Seal, Colorado Springs, CO ROOM: ESSEX CENTER 3:15 – 3:45 P.M.

Proposed Treasury regulations under Section 2801 which provide guidance on the application of special inheritance tax on gifts and bequests from certain U.S. expatriates at a time of unprecedented levels of U.S. expatriation. Speakers: Mary Akkerman, Lindquist & Vennum LLP, Sioux Falls, SD; Jeffrey Billings, Godfrey & Kahn, Milwaukee, WI; Scott Bowman, Proskauer Rose LLP, Boca Raton, FL; Marianne Kayan, Ernst & Young, Washington, DC; Toni Ann Kruse, McDermott Will & Emery, New York, NY; Frederick Schoenbrodt, II, Bressler Amery Ross, Florham Park, NJ; and Brian Tsu, Henderson Caverly Pum & Charney LLP, San Diego, CA ■■

FRIDAY CLE PROGRAMS

Income and Transfer Tax Planning Group Program Part 2 Session 1: Taxation of Trusts After Divorce: Grantor Trusts, Section 682 and International Considerations

ROOM: EMPIRE ROOM — SEVENTH FLOOR 7:30 - 8:30 A.M.

A spouse can create an inter vivos trust for the benefit of the other spouse during marriage, which could provide asset protection benefits as well as potential gift and estate tax savings. Typically, these trusts are grantor trusts, which could be the most tax efficient plan for a married couple, especially with children. However, there could be some significant tax issues to consider if the spouses “legally” separate or divorce. This presentation will discuss the taxation of trusts after separation or divorce, including grantor trust status, section 682, uncertainty regarding the taxation of capital gains, as well as some international trust planning considerations. Speakers: Leigh-Alexandra Basha, McDermott Will & Emery, Washington, DC; Richard Franklin, McArthur Franklin PLLC, Washington, DC; and Justin Miller, BNY Mellon Wealth Management, San Francisco, CA

Terry Franklin will lead a journey almost 170 years back in time, to discover the Will that was intended to free his ancestors in the antebellum south, as well as the Will contest that sought to keep them in brutal slavery. Images of original documents from the 1846 probate file will be presented, and Terry will discuss what is not-so-new in estate litigation. Please note this program is not for CLE credit. Speaker: Terry Franklin, Sacks, Glazier, Franklin & Lodise LLP, Los Angeles, CA

ROOM: ESSEX CENTER 3:45 – 4:45 P.M.

Part 2 Session 2: Hot Topics: U.S. Trusts for Foreign Families, the New EU Succession Regulations and U.S. Expatriation Regulations International families are increasingly using favorable U.S. governing law for trust formation while maintaining favorable U.S. tax benefits. This panel will discuss key design considerations for the global family, including: ■■ The dramatic new EU legal and regulatory framework governing the disposition of the estates of decedents with any connection to an adopting EU member state; ■■ Fundamental principles of new rules and significant succession issues clients are likely to confront; and

AMBAR.ORG/RPTESYMPOSIA SPRING SYMPOSIA 2016 CLE MEETING

Testamentary Intent and Social Change: The Story of How a Last Will Allowed the Sutton Family to be Free

ROOM: ST. GEORGE CD 8:30 - 9:30 A.M.

New Section 2704 Regulations: Revolutionary or Revolting Practitioners have anxiously awaited the release of anticipated regulations under Section 2704 that will impact valuation discounts for family entities. But the regulations may have unintended consequences – and benefits – for closely-held businesses. This panel will review the regulations, if released prior to the Symposium, or discuss ways in which closely-held business owners could benefit from expected regulations. Program Chair: Dan McCarthy, Wick Phillips Gould & Martin, LLP, Fort Worth, TX Moderator: Christine Quigley, Schiff Hardin LLP, Chicago, IL Speakers: Dana Foley, Arnold & Porter, Washington, D.C. and James Dougherty, Withers Bergman, New Haven, CT

TRUST & ESTATE SYMPOSIUM FRIDAY, MAY 1 3 ROOM: ESSEX NORTH 8:30 - 9:30 A.M.

ROOM: ESSEX NORTHEAST 9:45 - 10:45 A.M.

Assessing Issues in Using Trust Funds to Defend the Trustee’s Conduct: Into the Breach: Should a Trustee Have to Look to France (or any third party) to Finance a Defense?

Equal Justice Under Law: Nationwide Marriage Equality (Almost) One Year Later

This program will focus on the law, policy, practice and ethical issues related to using trust funds to pay attorneys’ fees when defending a trustee in breach of trust litigation, including: ■■ Survey of the law regarding a trustee’s ability to use trust funds to pay legal fees (when no litigation is pending versus when breach of trust litigation is pending), including a discussion of the Uniform Trust Code, state law generally, and relevant case law; ■■ The practical/policy considerations in play (for example, the impact of an inability to use trust funds to pay legal fees on an individuals willingness to serve as a trustee and/or to ride out the course of a litigation; and the impact of paying fees from the trust has on attorney-client privilege); ■■ Where the line between legal fees associated with administrative work and legal fees associated with a breach of trust litigation is in the context of payment using trust funds; ■■ Discussion of applicable statutes in Florida and Wisconsin which are unique in dealing with these issues; and ■■ Discussion concerning a settlor’s ability to draft around a possible statutory prohibition on use of trust funds to pay fees. Program Chair and Speaker: Matthrew Triggs, Proskauer Rose LLP, Boca Raton, FL Moderator: Anthony LaRatta, Archer & Greiner, P.C., Haddonfield, NJ Speakers: Daniel Ebner, Prather & Ebner, Chicago, IL; and Rebecca Wallenfelsz, Chapman & Cutler LLP, Chicago, IL ROOM: ESSEX NORTHEAST 8:30 - 9:30 A.M.

Art in the Estate Plan—The Providence of Provenance: What Every Estate Planner Needs to Know about Authenticity, Good Title and Provenance A panel of civil, criminal and industry experts will discuss issues related to authenticity and ownership of art and other collectibles. As works increase in value, so the incentives for thieves, forgers and other scallywags to take advantage of largely unregulated and non-transparent markets. Come learn how to help protect your client/collectors. Program Chair and Moderator: Ramsay Slugg, U.S. Trust, Bank of America Private Wealth Management, Fort Worth, TX Speakers: Monica Dugot, Christie’s, New York, NY; Lucian Simmons, Sothebys, New York, NY; Diana Wierbicki, Withers Bergman LLP, New York, NY; and Laura Patten, FBI Art Crime Unit, Washington, DC

This panel will discuss the real-world implications of how the Supreme Court’s rulings in Obergefell and Windsor have impacted and will continue to impact same-sex couples and the practitioners who advise them. Topics include: ■■ Issues affecting same-sex couples in estate and tax planning; ■■ Employee benefits and employment issues for couples in same-sex marriages; ■■ Transition issues facing same-sex married couples in states that previously prohibited same-sex marriage; ■■ Retroactivity and other issues concerning construction of wills, trusts, and deeds; and ■■ The increasing use of religion to discriminate against samesex couples. Program Chair and Moderator: Amy Morris Hess, University of Tennessee College of Law, Knoxville, TN Speakers: Lee-ford Tritt, University of Florida College of Law, Gainesville, FL; and Julie Wilensky, Civil Rights Education and Enforcement Center, Berkeley, CA ROOM: ESSEX NORTH 9:45 - 10:45 A.M.

Never Pay Estate Taxes: The Annual Taxable Gifts Approach with a CLAT Remainder The Annual Taxable Gifts (ATGs) Approach suggests moving beyond the traditional comparison of the benefits of a taxable gift versus a taxable transfer on death to an exquisitely tax efficient model of estate planning in which estate taxes are never paid. Thus, the traditional comparison of tax-exclusive and taxinclusive transfers no longer applies. This approach allows even the wealthiest of families to efficiently transfer wealth during life through the gift tax regime to irrevocable GST and non-GST grantor trusts and avoid all estate taxes by using a zeroed out CLAT upon death that endows the family’s foundation. Through a predictive quantitative analysis, the speakers will demonstrate the extraordinary merits of this holistic approach to estate planning. Program Chair, Moderator and Speaker: Lester Law, Abbot Downing, Naples, FL Speaker: Richard Franklin, McArthur Frnaklin PLLC, Washington, DC ROOM: ST. GEORGE CD 9:45 - 10:45 A.M.

Double Basis Step Up and Consensual Community: Property Coming Soon to a State Near You? Community property ownership has attracted renewed interest among planners from both common law and community property

2016 CLE MEETING SPRING SYMPOSIA AMBAR.ORG/RPTESYMPOSIA

TRUST & ESTATE SYMPOSIUM FRIDAY, MAY 1 3 states because of its particular income tax advantages: inexpensively stepping up basis in all community property at the death of the first spouse, and facilitating a “double basis step up” at the death of the second spouse. This program will describe: ■■ The importance of community property classification, particularly to help address the trade-off that arises when attempting to reduce estate tax while planning with lowbasis assets; ■■ Approaches to secure community property classification— even for clients who live in common law states; ■■ Legislative efforts underway in several common law states in the wake of ATRA to permit consensual community property; ■■ Spotting and trouble-shooting family law issues that may arise with community property classification; ■■ The basics and application of Section 1014(b)(6); and ■■ The importance of retaining community property classification for clients who move from community property jurisdictions to common law jurisdictions. Program Chair and Moderator: Carl King, Culp Elliott & Carpenter, P.L.L.C., Charlotte, NC Speakers: Bethann Chapman, Faulkner Banfield, Juneau, AK; Holly Norvell, Johnston, Allison & Hord, Charlotte, NC; and Tom Featherson, Baylor Law School, Waco, TX ROOM: ESSEX NORTH 11:00 A.M. - 12:00 P.M.

Avoiding International Entanglements for the Domestic Estate Planning Attorney: Lessons from Washington’s Farewell Address A conceptual overview of the various international income and transfer tax issues that can arise unexpectedly from time to time, often in connection with estate planning clients and projects that many planners would think are purely domestic. These can be traps for the unwary and as with most pitfalls in the tax law, intention is irrelevant. This program is suitable for both attorneys who consider themselves purely domestic estate planners and those who work with international estate planning issues on a regular basis, and includes a discussion of real world examples. Program Chair: William Sanderson, McGuire Woods LLP, Washington, D.C. Moderator: Todd Angkatavanich, Withers Bergman LLP, New Haven, CT Speakers: Marissa Dungey, Withers Bergman LLP, New Haven, CT; Karen Sandler Steinert, Fredrikson & Byron, P.A., Minneapolis, MN; and, Stephen Liss, UBS Financial Services Inc., New York, NY

AMBAR.ORG/RPTESYMPOSIA SPRING SYMPOSIA 2016 CLE MEETING

ROOM: ESSEX NORTHEAST 11:00 A.M. - 12:00 P.M.

The Ethics of Insurance Contract Based Estate Planning: The New Frontier Less than one percent of individuals in the U.S. still wrestle with estate tax liability issues. The design ingenuity of insurance product developers, compounded by the savvy marketing tactics of agency—and agent—based distribution channels, brings the estate planning profession to uncharted territory. For practitioners, an unforeseen consequence of the accelerating popularity of insurance products may be the declining role of the estate planning attorney as the client’s primary advisor. This presentation addresses and offers practical solutions for this turn of events with a focus on the following considerations: ■■ Insurance product and service business development trends; ■■ Ethical and legal considerations impacting the client engagement and advisory process; ■■ Practice management challenges and protocols regarding client acquisition and service models; and ■■ Best practices for collaboration with ancillary advisors. Program Chair and Speaker: Anne Kelley Russell, Moore & Van Allen, PLLC, Charleston, SC Moderator: David F. Sterling, Wealth Care Advocates, Sarasota, FL Speakers: Chasity Grice, Peppel Gomes & Macintosh, PC, Memphis, TN; and Cliff Scott-Rudnick, The John Marshall Law School, Chicago, IL ROOM: ST. GEORGE CD 11:00 A.M. - 12:00 P.M.

Basis Issues with Pass-Through Entities: Stepping Up and Stepping Out Issues involving an S-corporation shareholder’s basis in the stock of the S-corporation or a partner’s (or LLC member’s) basis in the entity interest (both referred to as “outside basis”) arise often in both estate planning and estate and trust administration. This presentation will cover: ■■ The calculation of outside basis and adjustments to outside basis during the existence of the entity; ■■ Planning considerations regarding outside basis, including those with respect to gifts or sales to irrevocable trusts; ■■ Outside basis issues that arise after the death of an S-corporation shareholder or partner; and ■■ Section 754 elections, when an election should be made (or perhaps more importantly, not made), and the calculation of the adjustment to the basis of the property of the S-corporation or partnership (“inside basis”) resulting from a Section 754 election. Program Chair and Speaker: Ryan Walsh, Hamilton Thies & Lorch LLP, Chicago, IL Speaker: Paul Lee, Northern Trust, New York, NY ETHICS PROGRAMS

ELIMINATION OF BIAS IN THE PROFESSION

TRUST & ESTATE SYMPOSIUM FRIDAY, MAY 1 3 ROOM: ESSEX NORTH EAST 1:45 - 3:00 P.M.

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Tips from Tax Trial Lawyers: Audit and Beyond Practical insights on how what happens in exam can make or break your case in Appeals or at trial. Program Chair and Speaker: Jenny Johnson, Johnson Moore LLC, Chicago, IL Speaker: Stephanie Loomis-Price, Winstead PC, Houston, TX ROOM: ESSEX NORTH 1:45 - 3:00 P.M.

Revolutionary Ways for Defending Assets for ERISA and Non-ERISA Attorneys What are the best practices that non-ERISA and ERISA practitioners should consider to resolve practical and technical issues raised during IRS, DOL and PBGC audits? We will explore: ■■ IRS audits of qualified retirement programs; ■■ IRS focused programs that collect data with regard to employer stock investments, U.S. and dual-qualified plans with Puerto Rico; ■■ Department of Labor’s approach of randomly auditing qualified retirement (and welfare benefit) plans, both where employee complaints initiate investigations and through random audits; ■■ Emerging issues in the areas of prohibited transactions and minimum required distributions that can be especially significant for IRAs; and ■■ Pension Benefit Guaranty Corporation's active audit programs for terminating plans and PBGC premiums, and the increased stakes for underpaying PBGC premiums. Program Chair and Moderator: Tara Silver-Malyska, Willis, NA, Addison, TX Speakers: Bonita Hatchett, Trest Benefit Solutions, LLC, Chicago, IL; John R. Paliga, Gordon Feinblatt LLC, Baltimore, MD; and Henry Talavera, Polsinelli, Dallas, TX ROOM: ST. GEORGE CD 1:45 - 3:00 P.M.

Elimination of Bias in the Profession: An LGBT Ally Toolkit Employees who are either perceived to be or are actually LGBT experience bias and discrimination not necessarily because of their LGBT status, but rather because of the implications of that status. The ABA Commission on Sexual Orientation and Gender Identity (SOGI) developed its LGBT Ally Toolkit as a resource for employers to support their LGBT professionals and to provide education and training for their workforces. In addition to vocabulary and resources, panelists will discuss:

Interactions with LGBT co-workers; Harassment of and retaliation against employees who protest discrimination and harassment at work; ■■ Best practice responses to complaints about transgender employee use of restrooms. Program Chair: Ira Meislik, Meislik & Meislik, Montclair, NJ Moderator: Natasha McFarland, The Georgetown University Law Center, Washington, DC Speakers: Elizabeth Lindsay-Ochoa, Loring, Wolcott & Coolidge, Boston, MA; Henry Talavera, Polsinelli, Dallas, TX; and Julie Wilensky, Civil Rights Education and Enforcement Center, Berkeley, CA ■■

ROOM: ESSEX NORTH 3:15 - 4:30 P.M.

Practical Planning for Truly Unique Assets: From Snowflakes to Marijuana Every client is different, yet many planning documents tend to look the same. Unique and quirky assets call for tailored planning, such as tax rules on partial disposition of art and registration requirements for firearms. Join this panel of experts who will focus on practical planning strategies for certain unique assets, particularly focusing on how to structure for art, cars, wine/wineries, marijuana growers and dispensary owners, and firearms. Warren Zevon might have been right when calling for the ingredients of “lawyers, guns and money.” The speakers will unveil the recipe for success when planning for unique assets. Program Chair and Speaker: Lee-ford Tritt, University of Florida College of Law, Gainesville, FL Moderator: Mark Parthemer, Bessemer Trust, Palm Beach, FL Speakers: Jane Borthwick, Ronald Varney Fine Art Advisors, New York, NY; and Wendy Goffe, Stoel Rives LLP, Seattle, WA ROOM: ST. GEORGE CD 3:15 - 4:30 P.M.

Conflicts of Interest: Are Estate Planners the Benedict Arnolds of the Trust World? Lurking behind seemingly benign estate planning projects and trust relationships are often hazardous potential conflicts of interest. These problems may be compounded by interdependent relationships among the attorneys and trustees involved, resulting in an inclination to overlook danger signs in these situations. This presentation will look at several common conflict situations and address which are tolerable and, for those that are not, the options open to the attorney, including looking to game theory for insights into predicting these problems. Specifically, conflict issues and the Model Rules particular to estate planning and trust relationships, including:

ETHICS PROGRAMS

2016 CLE MEETING SPRING SYMPOSIA AMBAR.ORG/RPTESYMPOSIA

TRUST & ESTATE SYMPOSIUM FRIDAY, MAY 1 3 Planning for spouses joint and intergenerational representation; ■■ Conservatorships/adult guardianship cases; ■■ Representing fiduciaries; ■■ Referral relationships among attorneys and fiduciaries; ■■ The duty to report misconduct and conflicted relationships; ■■ The impact of conflicts on the motivation to report misconduct; ■■ How best to avoid these impossible situations (and the role conflict waivers play in this interdependent environment); ■■ Once you’re in, how do you get out (professionally)? Program Chair and Moderator: James Carey, Levin Schreder & Carey LTD, Chicago, IL Speakers: Robert Barton, Holland & Knight, Los Angeles, CA; Kenneth J. Lackey, Neff Aguilar LLC , Red Bank, NJ; and John Strohmeyer, Crady, Jewett & McCulley LLP, Houston, TX

are re-writing trust law, and how you might re-write your trusts in response. Speakers will provide: ■■ Overview of what state courts consider when dealing with trusts in divorce; ■■ Overview of third party spendthrift trusts; ■■ Which states are in the forefront on addressing trusts in the context of divorce; ■■ Which states should be avoided; ■■ Suggested trust language to protect trusts in a divorce; ■■ Are domestic asset protection trusts a solution; and ■■ The litigator’s perspective. Program Chair and Moderator: Melissa Langa, Bove & Langa, Boston, MA Speakers: Jere Doyle, BNY Mellon, Boston, MA; Ruth Mattson, Bove & Langa, Boston, MA; and Robert Rivers, Lee & Rivers LLP, Boston, MA

ROOM: ESSEX NORTH EAST 3:15 - 4:30 P.M.

ROOM: ESSEX SOUTH 12:30 - 1:30 P.M. Trust & Estate Hot Topics Important developments for estate planners and hot topics on the IRS radar screen for estate planners are addressed. Topics will include legislative developments (including the basis of assets received from decedents’ estates and Social Security withdrawal alternatives), anticipated IRS announcements and regulations (including new regulations under Internal Revenue Code Section 2704 impacting valuation discounts), important planning trends, and recent cases addressing some of the hot topics.

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Third Party Irrevocable Spendthrift Trusts and Divorce: The Ticking Time Bomb: How Family Courts Can Blow Up the Estate Plan Your client did not sign a prenuptial agreement, but not to worry since the child’s inheritance is safe within a spendthrift trust, right? Wrong! Learn how family courts in divorce actions

Speaker: Steve R. Akers, Bessemer Trust, Dallas, TX

AMBAR.ORG/RPTESYMPOSIA SPRING SYMPOSIA 2016 CLE MEETING

ETHICS PROGRAMS

SYMPOSIA R EGISTR ATION

The registration fee includes access to all CLE programs, a mailed USB drive with all CLE program materials, continental breakfasts (on Thursday and Friday), refreshments during scheduled breaks, and a reception with the sponsors. Only registered attendees may purchase tickets to special events.

R ATES General Attendee

$650

ABA Member

$625

RPTE Member

$535 $575

One Day Symposia Admission

$315

First Time Attendee

$400

Speaker/Academic/Government Attendee

$325

Law Student Attendee

No Charge

First Time Attendee of a Minority Bar Association

No Charge

Program Materials Only

$95

Building and Managing your Trust and Estate and Real Estate Practice Program

No Charge – Registration required

(ON OR BEFORE BY APRIL 15, 2016) (AFTER APRIL 15, 2016)

TIC K ETED E VE NT S Thursday, May 12 Guest Breakfast

$25

Group and Committees Lunch

$25

Symposia Reception

$50

Guest ticket to Symposia Reception

$100

Friday, May 13 Guest Breakfast

$25

Division Lunches

$50

AS ALWAYS, CHILDREN UNDER 12 ARE FREE TO ATTEND ANY EVENTS RELATED TO THE SPRING SYMPOSIA.

2016 CLE MEETING SPRING SYMPOSIA AMBAR.ORG/RPTESYMPOSIA

SYMPOSIA R EGISTR ATION

Registering Online Register online at www.ambar.org/rptesymposia. Members will need an ABA ID number, located on your ABA membership card. Non-ABA members may register online by creating a new customer account. You can also join the Section to take advantage of the discounted member rates. Please contact (800) 285-2221 if you need help with the online registration system. On-site registration will include an additional $50 administrative fee and will take place at the Westin Copley Place during the following hours: Wednesday, May 11

1 – 5 p.m.

Thursday, May 12

7 a.m. – 5 p.m.

Friday, May 13

7 a.m. – 4 p.m.

For more information regarding registration, please contact Khadijah Kellogg at 312-988-5260, khadijah.kellogg@ americanbar.org. There are a limited number of scholarships available which range from a 25% to a 50% tuition discount. Scholarships will not cover hotel or transportation. Scholarships will be announced the week of April 4, 2016. Scholarship forms are posted on www.ambar.org/rptesymposia and are due to Khadijah Kellogg before April 1, 2016.

Cancellation Policy Requests for refunds must be made in writing and emailed to Khadijah Kellogg by April 15, 2016. A $75 administrative fee will be deducted from the refund. The Section will gladly accept substitute registrants for cancellations received after April 15, 2016; however, refunds will not be given after that date.

AMBAR.ORG/RPTESYMPOSIA SPRING SYMPOSIA 2016 CLE MEETING

GENER A L INFOR M ATION

Program Materials

Travel Discounts Information

Meeting materials will be available to paid registrants in the following formats:

Discounted airfares and car rentals can be found at www. americanbar.org/travel. Airline discounts are available from ABA Orbitz for Business, including ABA negotiated meeting discounts on American, United, Delta, and Virgin America Airlines. For assistance with reservations using the ABA Orbitz for Business website, call 312-988-5871 or email travel. services@americanbar.org. Discounted car rentals are offered through Hertz, Dollar and Thrifty. For assistance with car rentals, call 800-285-2221 or email service@americanbar.org.

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Mobile App: A mobile meeting app with complete program information, including written materials, will be available for download. Web: A link to the materials on the RPTE website will be available to registrants for downloading or printing. Web key: A hyperlinked USB drive, containing links to program materials and on-site information, will be mailed before the program to all registered attendees. Print kiosk: Available on-site at the meeting.

All registered attendees will receive a link to program materials, information about the mobile app, and additional meeting information by email approximately two weeks prior to the meeting. If you are unable to attend the Symposia, a flash drive of the program materials is available for $95. Flash drives may be purchased through the online registration system, www.ambar. org/rptesymposia, by choosing the “Materials Only” option.

CLE Credit The ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR, AZ, CA, CO, DE, GA, GU, HI, IA, IL, IN, KS, KY, LA, MN, MS, MO, MT, NH, NM, NV, NY, NC, ND, OH, OK, OR, PA, PR, SC, TN, TX, UT, VT, VA, VI, WA, WI, and WV. These states sometimes do not approve a program for credit before the program occurs. This transitional program is approved for both newly admitted and experienced attorneys in NY. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. For more information about CLE accreditation in your state, visit www.ambar.org/rptesymposia.

Conference Attire Business casual is recommended for Symposia attendees.

Hotel Reservations All Symposia meetings and events will take place at the Westin Copley Place, Boston, MA (10 Huntington Avenue, Boston, MA, 02116). A block of sleeping rooms has been reserved at the hotel from Tuesday, May 10, 2016, through Sunday, May 15, 2016, at a group rate of $289 per night for a single or double room. The group rates are guaranteed until the block is full or until 5 p.m. CST, Monday, April 18, 2016. Reservations received after 5 p.m. CST on April 18, 2016 will be based on availability. If you would like to make a reservation before or after the blocked dates, please call (617) 262-9600.

To Book Online Visit: https://www.starwoodmeeting.com/ Book/2016RPTESpringSymposium

To Call In Please call the hotel directly at (617) 262-9600, and ask for the Reservations Department. When speaking to the Agent, please reference “Real Property, Trust & Estate Law 2016 Spring Symposia Meeting” to make a reservation in the block.

2016 CLE MEETING SPRING SYMPOSIA AMBAR.ORG/RPTESYMPOSIA