The Deep Dirt Dive - A Real Estate Law Podcast

Join Cliff McKinney as he delves into the world of generative artificial intelligence and its transformative impact on the real estate legal profession. From understanding the basics of AI to exploring advanced techniques like prompt engineering, this podcast offers valuable insights for lawyers looking to harness the power of AI in their practice. Discover how AI can enhance efficiency, improve legal writing, and revolutionize the way legal services are delivered.

Marijuana leasing presents a series of unusual challenges for the real estate lawyer. How do you handle a business that is selling a substance that is legal under state law, but not federal law? How do you respond to a tenant that wants to pay rent with a grocery bag full of cash since its use of the banking system is severely restricted? What are the unique concerns in a lease involving marijuana and how do you deal with the difference between a wholesale/grower’s leases and a retail lease? Please join ACREL Fellows David Camp and Jack Fersko as they discuss Jack’s experience with representing parties on both sides of these transactions and what he’s learned from writing extensively on this topic.

This episode of The Deep Dirt Dive discusses the various components in a real estate finance third party legal opinion. Discussion includes how third party legal opinions follow a customary style in dealing with the covered documents, assumptions, qualifications, the substantive opinions covered by the opinion, and opinion reliance issues. Also discussed are how customary practice and the various real estate reports influence how opinions are written.Participating in this episode are ACREL Fellows Scott Willis from Louisiana and Nancy Little from Virginia.

This episode of the Deep Dirt Dive investigates DOGE’s recent efforts to evaluate and restructure the real estate portfolio owned or leased by the GSA, on behalf of Federal agencies, throughout the U.S. The presentation analyzes the significant, ongoing, and evolving efforts of the DOGE team to pare down and reshape the largest single portfolio of owned and leased properties in the country. We explore the initial and prospective results of this DOGE initiative and the issues it raises for attorneys in representing clients whose properties are implicated in potential lease terminations or who might wish to bid on excess Federal properties.ACREL Fellows David Miller and Andrew Weiner of Pillsbury Winthrop Shaw Pittman LLP are joined by their partner Michael Rizzo, a Government Contracts & Disputes specialist, as they discuss their insights and personal experience from years of representing clients in this area from their respective bases in New York, Los Angeles and the Washington, D.C. metropolitan area.

This episode of the Deep Dirt Dive is all about the fundamentals of tariffs. We’ll cover what tariffs are, the different types, the agencies responsible for collecting and enforcing them, key tariff tools and related lawsuits, how tariffs are calculated, and—most importantly—how businesses, particularly in the construction industry, can navigate today’s complex tariff landscape.ACREL Fellow, Jin Liu interviews Jennifer Diaz, President and founder of Diaz Trade Law—South Florida’s only law firm recognized by Chambers and Partners in its Spotlight for International Trade. Jennifer is a Board-Certified International Attorney who specializes in customs and international trade law and consulting. Before founding Diaz Trade Law, she led the Customs and International Trade practice at a prominent South Florida firm.

Mechanic’s liens are a way to secure payments for contractors, but also can cause significant title issues for lenders and owners. This program provides a primer on what one needs to know about Mechanic’s Liens from the title perspective.

In this episode, Joey Lubinski and Kevin Shepherd discuss the Corporate Transparency Act, which is a federal law passed in 2021 intended to counteract tax fraud, money laundering, and other financial crimes. The law requires that certain individuals report the “beneficial ownership” of privately-owned companies to the United States government. With few exceptions, the law created new obligations (and potentially new liability) for millions of companies across the country. Not surprisingly, it also generated legal challenges and is, in fact, currently enjoined from enforcement pending resolution of a lawsuit in Texas.Kevin Shepherd is a partner at the Venable Law Firm. Kevin’s expertise in matters relating to money laundering, generally, and the Corporate Transparency Ac, specifically, are widely recognized and we think you will benefit from his insights on the law’s applicability even while its enforcement remains in limbo. You can learn more about Kevin from the Venable website: https://www.venable.com/professionals/s/kevin-l-shepherd

The Deep Dirt Dive Podcasts are a production by the American College of Real Estate Lawyers (ACREL). Episode Zero gives you a brief glance into what ACREL is all about; in this episode, you will hear from ACREL Fellows. ACREL’s goals include providing information on the most current developments in real estate law and practice and addressing issues of importance to real estate law. Another ACREL objective is to provide authoritative educational materials and continuing legal education programming. Through CLE programs, committee discussions and blogs, ACREL provides a deeper dive into substantive practice areas as well as updates on hot topics, which can be a benefit to ACREL Fellows and their clients. ACREL also provides opportunities for committee participation on substantive topics and networking with other lawyers practicing in the same or different practice areas. ACREL participates in law reform matters and legislative, administrative and judicial initiatives and collaborates with other legal organizations. ACREL can also be an excellent referral source for attorneys practicing in other jurisdictions.The ACREL Deep Dirt Dive podcasts are produced as part of ACREL’s community outreach to educate and address a variety of topics in real estate law. We hope that you will have an opportunity to listen to our podcast.

Guests will provide an overview of the proposed NAR Settlement as a result of various class action lawsuits in the real estate industry. They will review the framework of the practice changes that affect how real estate agents conduct business and get compensated and highlight industry challenges facing lenders and title agents, including the role of closing agents in disbursing compensation to real estate brokers at closing. They will also review the dispute resolution mechanisms in some proposed new real estate closing forms, and reveal opportunities where real estate attorneys may be able to provide additional services to buyers, sellers, and brokers.Kristen King Jaiven is a real estate attorney in Fort Lauderdale, Florida, and she focuses her practice on representing real estate brokers and agents. Kristen currently represents the 4th Appellate District on the Florida Realtor-Attorney Joint Committee and serves as Co-Chair of the Florida Bar Real Property, Probate, and Trust Law Section’s (RPPTL) Residential Real Estate and Industry Liaison Committee. Kristen also serves on the Florida Bar Consumer Protection Law Committee and on the Board of Directors of Signatures Gives Back, Inc.Erin Michelle Miller is a real estate attorney in Jupiter, Florida, and she focuses her practice on assisting Buyers and Sellers with real estate transactions. Erin is Past Chair/Vice Chair of Real Estate Section of the Collier County Bar Association, and is a 2020-2022 Fellow of the Real Property, Probate, and Trust Law Section’s (RPPTL) of the Florida Bar.