Passwords and Personalty: Planning and Pitfalls in the Disposition of Tangible and Quasi-Tangible Property
Tuesday, November 10, 2009

Wind Energy Development: Real-Estate Related Legal Issues with Wind Energy
Wednesday, November 18, 2009

Black, White, and Grae(gin): Borrowing to Pay Estate Taxes
Tuesday, December 8, 2009

Negotiating Agreements in a Cross-Cultural Setting: When Yes Might Mean No
Wednesday, January 20, 2010 - Details to follow

November Group and Committee Conference Calls
These Group calls are a complimentary benefit of Section membership and normally are limited to Section members. However, prospective members are welcome to join a call without charge to learn more about the Groups and how to become involved upon joining the Section. Topics of upcoming Group calls are summarized below. Click here for more RP conference calls and more TE conference calls.

Monday, November 9, 200, 12:00 p.m. CT - Real Estate Financing Group (RP)
Dial In: 800-504-8071, Passcode: 9885590
MERS UPDATE: WHO "OWNS" MY LOAN??
Mortgage Electronic Registration Systems, Inc., commonly referred to as "MERS," is the recorded owner of over half of the nation's residential mortgages and thousands of commercial mortgages. MERS operates a computer database designed to track servicing rights of mortgage loans anywhere in the United States. But, it also acts as a proxy for the real parties in interest in county land title records. Most importantly, MERS is filing hundreds of thousands of foreclosure lawsuits on behalf of financiers. In this quarter's teleconference, Christopher Peterson, Associate Dean for Academic Affairs and Professor of Law at the University of Utah, will share some insights from his forthcoming law review article exploring the MERS system. In advance of the teleconference, participants are invited to download a rough, working draft of Dean Peterson's research free of charge from the Social Science Research Network at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1469749.

Wednesday, November 11, 2009, 12:00-1:00 p.m. CT - Income & Transfer Tax Group (TE)
Dial In: 800-504-8071, Passcode: 9885683
Peter Rowan, Director & Federal Affairs Manager of UBS Americas, Inc., formerly of the White House Office of Legislative Affairs, will provide a federal estate tax update; Stephanie Loomis-Price, of Baker Botts, LLP will review the most recent FLP cases; Michael A. Spielman, of Ernst & Young LLP, will summarize Notice 2009-85 providing guidance on deemed sales of expatriates' property; and Julie Kwon, of Stanford University, will review the final Section 2053 regulations governing consideration of post-death events and deductibility of claims. Discussion and questions are welcome!

Wednesday, November 11, 2009, 3:00 p.m. CT
Commercial Real Estate Transactions and Management Group and Real Estate Financing Group (RP)
Dial In: 800-504-8071, Passcode: 9885590
Certificates of Insurance--New Forms; Old Liability
Rod Clement from Jackson, MS and Arthur E.Pape from Wheaton, IL, both members of The American College of Real Estate Lawyers, will summarize issues created by accepting industry standard (ACORD) certificates of insurance as evidence of complying with insurance requirements in real estate transactions; will describe changes made to new certificate forms; and will review new state legislation and state administrative bulletins dealing with certificates.

Thursday, November 12, 3:00-4:00 p.m. CT - Non-Tax Estate Planning Considerations Group (TE)
Dial In: 800-504-8071, Passcode: 9885683
Group Chair Dick Nenno, Group Vice-Chair Laura Twomey, and Supervisory Council Member Steve Gorin, will brief listeners on the group's activities during the 2009-2010 ABA year. The call will include a preview of the 2010 Spring Symposia to be held in Philadelphia on May 6 and 7, reports from the group's six committees, a summary of speaking and writing opportunities, a tour of the group's Web site, and a discussion of how to participate in the group's work. Listeners' comments and questions will be welcome.

Thursday, November 12, 2009, 4:00-5:00 p.m. CT - Leasing Group (RP)
Sponsored by the Ground Leasing Committee
Dial In: 800-504-8071, Passcode: 9885651
WHO GETS HURT WHEN A GROUND LEASE PARTY GOES BANKRUPT?
What are the effects of bankruptcy on Landlords, Tenants, Subtenants, and Lenders in a typical ground lease situation? On November 12, Professor Marshall Tracht will cover the fundamentals, focusing on what can be done to preserve the benefit of each other's bargain if one or more of the Landlord, Tenant or Lender find themselves in bankruptcy. Many of the same principles apply to space leases as well, so even if you're not doing any ground lease work now, don't miss this program. This is a FREE benefit of being a member of the Leasing Group. Professor Tracht is the Director of Graduate Real Estate Programs at New York Law School and teaches Bankruptcy, Real Estate Transactions and Finance, and Advanced Real Estate Financing. Professor Tracht was a member of the Hofstra University School of Law faculty from 1994 to 2008, serving as Vice Dean from 2001 to 2006. He is a member of the editorial board of The Banking Law Journal, a contributing editor to the Real Estate Law Report, and has written extensively in the areas of real estate development and construction financing, workouts, and bankruptcy. His articles have appeared in the Cornell Law Review and Vanderbilt Law Review, among others, and he was a winner of the 1997-98 Grant Gilmore Award for excellence in legal scholarship. Before going into academia, Professor Tracht practiced in the real estate and bankruptcy groups at Arnold & Porter LLP in Washington, D.C. and clerked for the Honorable S. Martin Teel of the U.S. Bankruptcy Court for the District of Columbia.

Tuesday, November 17, 2009, 11:00-12:00 p.m. CT - Residential, Multi-Family and Special Use Group (RP)
Dial-In: 800-504-8071, Passcode: 9885590
Please join us for a conference call on the latest servicer efforts to help homeowners avoid foreclosure. This discussion will include an overview of the status of the Home Affordable Modification Program ("HAMP") established as part of the larger Making Home Affordable program.

Thursday, November 19, 2009, 12:00-12:30 p.m. CT - Leasing Group (RP)
Sponsored by the Retail Leasing Committee
Dial-in #: 800 954 0691; No passcode is required
The Retail Leasing Committee will hold its next call in the series, "The Nuts and Bolts of Retail Leases." The subject of the call will be "Assignment and Subletting." Materials for the call will be available under the "Publications" section of the Retail Leasing Committee's web page.
The "Nuts and Bolts of Retail Leases" is a bi-monthly conference call series designed to provide newly practicing lawyers, as well as those new to the retail leasing field, with a basic understanding of the provisions and concepts that are unique to retail leases. Over the course of the series, co-hosts will fully negotiate a retail lease, from a landlord's and tenant's perspective, so that attendees may gain an understanding of the relevant issues.

THE ABA IS YOUR ADVOCATE: Files Suit to Bar the Federal Trade Commission's Application of the Red Flags Rule to Lawyers

On August 27, 2009, the American Bar Association filed a complaint in the United States District Court for the District of Columbia to enjoin the Federal Trade Commission's proposed application of its "Red Flags Rule" to lawyers. The Red Flags Rule mandates that "creditors" develop and implement plans to detect and respond to possible identity theft. As the ABA noted in its suit, imposition of the rule on the practicing bar would result in "significant burdens upon lawyers, particularly sole practitioners and those practicing in small firms, who comprise the majority of the lawyers in the United States." Read More

Trust and Estate

Estate and Gift Tax Committee
REG-119532-08 (Graduated Retained Interests)

Individual & Fiduciary Income Tax Committee
IRS Proposed Regulation 26 CFR 1.67-4, REG-128224-06 Regarding Fees of Trusts and Estates

Non-Tax Estate Planning Considerations Group
Revocable Trust Accounts: 12 CFR Part 330, RIN 3064-AD33

Business Planning Group
Comments on Alternate Valuation Proposed Regulations under § 20.2032-1(f)(1)

Income & Transfer Tax Planning Group
Comments to Notice 2008-32

Estate and Gift Tax Committee
American College of Trust and Estate Council

Charitable Planning and Organizations
Comments in response to the Internal Revenue Services notice of proposed rulemaking concerning Internal Revenue Code Sections 509 and 4943.

New Nov/Dec Issue Probate and Property Magazine	New Oct Issue RPTE eReport	RPTE Journal

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TE Books

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During this economic downturn, RPTE and the ABA are working to provide you with assistance in weathering these tough times. The ABA Economic Recovery Resources Web Portal provides information from job searching, personal development and career transitions to practice management tips, advice for dealing with stress, and discounts on ABA offerings. The site also lists nearly 50 CLE Now! Sessions on a wide range of legal topics offered by the Center for CLE. These programs are free digital downloads that members can access whenever and wherever they want.

The federal government has, through the passage of the American Recovery and Reinvestment Act of 2009 and other legislation, created a series of stimulus bills, the thrust of much of which affects the development and financing of real estate property (both commercial and residential). These stimulus bills also provide for a variety of programs which may impact areas of practice critical to many of our section members. The RPTE Economic Recovery Resources Web Portal has been created for some of these bills and for related information. We hope you find this information useful.

Trust and Estate Committee of the Month

Litigation, Ethics and Malpractice Group
The Group concentrates its efforts on issues involving trust, estate and fiduciary litigation matters. To read more about this Group's activities, click here.

Real Property Committee of the Month

Hospitality, Timesharing and Common Interests Development Group

The Group continues its quarterly Hot Topics conference calls and education efforts. Click here to find out more information. Read more here.

Real Property, Trust & Estate Legal News

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