Message from the Chair
year was a very successful year for our committee. It is with great
excitement that I introduced the 2017 leadership. We are excited that a number
of members expressed interest to join the leadership team and we are reaching
out to each of you and look forward to your support and participation.
In addition, the Real Estate Committee is in the process of
developing ways for our committee members to participate on Pro Bono efforts. We are looking for law firms to partner with their existing programs. This
will provide avenues for in-house to work with partners in
certain practices areas to enhance their skill sets or learn new
practice areas while providing a service to the community.
Our featured law firm promo program this
is Paul Hastings, which has a deep commitment to pro bono work. Nearly 99% of lawyers in their U.S. offices and 83% of lawyers in their
international offices contributed 20 or more pro bono hours last year. There may be an opportunity for some pro bono representation for one
of your favorite not for profits. If you have a not
of profit to recommend for pro bono services or would like
to participate in an existing project please contact
Jennifer Baldocchi, IP partner and the chair of Paul Hastings pro
bono committee in Los Angeles, to discuss your ideas. Her email is firstname.lastname@example.org her telephone number is (213)
Also please reach out me if you have any questions.
Dawn Haghighi Chair Real Estate Committee - email@example.com
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Executive Development and Leadership
The Real Estate Committee will be announcing a double header Quick Hit on
Executive Development and Leadership to be presented by Major Lindsay and
Trends for 2017
are the anticipated hot practice areas in 2017? Will there be more/less hiring?
The impact of LF raises on IH comp?
2017 promises to be a turbulent
year with anticipated changes in health care, immigration, trade, environmental
and tax policies leading to an increased need for talented regulatory
attorneys. Budgets for these areas tightened last year awaiting the
election results. In the coming months, hiring will increase in
those areas, while the compensation for such talent continues to
increase. The most recent pay raises in law firms have tightened the
market for talent coming out of those firms as associates delay any departures,
while forcing in-house positions to pay a premium over 2015 and 2016 salaries
to attract that talent. Cybersecurity and
data privacy continue to be growing areas. An uptick in litigation,
particularly class actions, and the potential for increased M&A activity
will also influence the legal job market. Legal hiring is generally
a lagging indicator, so hiring changes may not materialize until the latter
part of the year. In an upcoming presentation we will explore general
compensation trends and some of the challenges in-house departments may face in
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Dawn Haghighi, General
Counsel, PCV Murcor Real Estate Services.
Dawn is General Counsel, Privacy
and Compliance Officer for affiliated companies PCV Murcor Real Estate Services
(Los Angeles, CA), Hightide Settlement Services (Anaheim, CA) and Vendor
Resource Mortgage Services (Dallas, TX). Her career encompasses senior
management positions with responsibility for matters at several multi-national
corporations, including Assistant General Counsel and Privacy Officer for
Princess Cruise Lines, Ltd., Charter One Bank, NA (Royal Bank of Scotland), and
Nordstrom, Inc. In addition to serving as the Chair of the ACC Real
Estate Committee, leadership positions with the Association of Corporate
Counsel include the Board of Directors of the Southern California Chapter, The
Board of Directors and past President of the Chicago Chapter, the Annual
Meeting Advisory Committee (2006) and the National Board Nominating Committee
(2005). She was the recipient of the Association of Corporate Counsel
Robert Townsend Member of the Year Award (2005). Ms. Haghighi is a
frequent lecturer before corporate boards, foundations and professional
organizations around the world. She is active in a number of
international, public policy, and not for profit organizations. She was
selected as a participant to the U.S. – China Economic & Trade Cooperation
Forum welcoming PRC Vice President Xi Jinping to Los Angeles (2012), as a
delegate to the Salzburg Global Seminar in Salzburg, Austria (2010), as
a member of the United States delegation to the Enhancing the Middle
East’s Economic Future IV Forum Doha, Qatar (2009), as a participant to theRAND China Reform Forum, in Beijing, China (2004 and 2005) and a
presenter to the Supreme People’s Court Mediation and Arbitration Congress in
Beijing and Shanghai, China (1990 -1995) and as a delegate to several HKTDC
Business Conferences in Honk Kong. Ms. Haghighi also attended the
White House Welcome Ceremony for the PRC Premier Wen Jibao (2003). In
recent years, she served as one of the keynote panelists at the Greenberg
Taurig National Executive Women’s Leadership Conference. Her community
involvement also vests in memberships of a number of international, public
policy, and not for profit organizations, she is a member of the Pacific
Council on International Policy (invitation only) and a member of the Board of
Directors of the Los Angeles Committee on Foreign Relations (invitation
only). She has served on the Boards of The Association of Corporate
Counsel SoCal, The Western Justice Center Foundation, the National U.S. Hong
Kong Business Association (past chairmen and founding director), The Princess
Cruises Community Foundation (founding director and secretary), The Hong Kong
Business Association of Midwest (past president), The Association of Corporate
Counsel Chicago (past president) and the Chinese American Service League.
She is also pro bono consultant to the Rockefeller Pacific Trust advising
on the advancement of national and international justice systems, with emphasis
on transnational economic activities. Ms. Haghighi has received many professional
awards including the Los Angeles Business Journal In-House Counsel
Awards Finalist (2012). Alston & Bird Women of Distinction Award (2011),)
and the Association of Media and Entertainment Honoree (2007).
Vice Chair and and
Raghu Nandan,General Counsel & COO, Sunstreet Mortgage, LLC.
Raghu Nandan has been in the mortgage industry in a variety of
operational capacities for almost 15 years. He has helped establish and manage
Risk Management departments and divisions in large mortgage banks, litigated as
a plaintiff’s counsel in business and personal tort matters, and provided
compliance oversight and general counsel services to small- to medium-sized
organizations. He is presently a member of Sunstreet Mortgage, LLC, a
Tucson-based residential mortgage lender, and serves as General Counsel &
COO of Sunstreet Mortgage, LLC.
actively involved with ACC’s Regulatory Working Group, and is the Vice-Chair of
ACC’s Real Estate Committee.
Secretary and Communications Chair
Darryl Austin, General
Counsel, Forerunner Housing Partners, LLC.
Darryl has extensive experience
in all aspects of developing and financing multifamily real estate. He has a
particular expertise in structuring the multiple layers of government financing
and incentives included in housing tax credit programs. Darryl has been
syndicating multifamily properties for almost two decades through positions
with a large law firm, a national multifamily developer and the federal
government. He received his joint JD/MBA from American University.
Co-Program Chair, Written
Materials and Resources
Elena Antonetti, Executive
Travelers in 2007. Prior to joining Travelers, Elena was senior in-house
counsel with a leading multinational food and beverage company, focusing on
M&A transactions, domestic and international reorganizations and IT deals.
Elena also worked as an associate in law firms in New York and
Connecticut. She holds a J.D. from the New York University School of Law.
Elena is bilingual in English and Russian and fluent in Spanish. She is a
member of the Real Estate Committee, Law Department Management Committee &
the IP Committee.
Lindberg, Assistant Counsel, William Charles, Ltd.
Erik joined William Charles, Ltd. in 2007 as Associate Counsel. William
Charles, Ltd. is a holding company engaged in environmental remediation
(Environmental Contractors, Inc.), heavy highway (William Charles
Construction), rail and commercial construction (Ragnar Benson Construction)
and real estate development (William Charles Real Estate). A graduate of
Saint Louis University School of Law in Saint Louis, Missouri and Miami
University in Oxford, Ohio, Erik is a licensed attorney in the State of
Illinois with an undergraduate Bachelor of Science in Business
Administration. His prior work experiences include Hinshaw &
Culbertson, LLP and Ernst & Young, LLP. Erik is a founding Board
Member of the Ethan Lindberg Foundation, Inc. a not-for-profit supporting
children and families facing congenital heart disease. Erik also works
closely with Rockford Corridor Improvement, Inc. a not-for-profit working to
reduce urban blight.
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Financial Regulation Best Practices
recently issued guidance on managing production incentives in the financial
marketplace (CFPB Compliance Bulletin 2016-03 issued
November 28, 2016). In
issuing this guidance, CFPB highlighted some of the problems the agency sees in
incentive programs, ranging from opening accounts without consent to variable
compensation payment based on types, terms, or conditions of transactions
(leading to abusive/deceptive practices).
recognizing that incentive programs are common and may be potentially
beneficial to consumers, CFPB emphasizes the importance of a robust Compliance
Management System (CMS). In CFPB’s guidance, a CMS takes a multi-pronged
approach starting with (a) executive management oversight, (b) monitored
compliance program, policies, procedures, and training, (c) consumer complaint
management, and (d) an independent compliance audit.
expects a “tone from the top” attitude to executive management’s role in a
robust CMS. Executive management should consider harmful unintended outcomes of
incentive programs, and empower employees to raise concerns without fear of
retaliation. Policies and procedures should be transparent, equitable, and with
sufficient institutional control supplemented by a comprehensive training and
monitoring program that incorporates meaningful corrective action. Consumer
complaints should play a critical role in identifying abuses or unintended consequences
of incentive programs. An independent compliance audit should enable the
company’s compliance team and executive management to assess the incentive
CFPB’s recent regulatory actions
suggest a continued focus on production incentive programs. The November 28,
2016 guidance provides insight into CFPB’s concerns with respect to such
program. A periodic review of existing incentive programs through the lens of
this guidance may help companies in the financial marketplace assess the
robustness of their Compliance Management System.
Counsel & COO
Sunstreet Mortgage, LLC.
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Litigation vs Arbitration: How do you prefer to draft your contracts?
We encourage you to log-in to the eGroups and post to the Real Estate Committee's message board to share your thoughts.
I have a strong preference for
Arbitration. The costs are substantially
less and it is a lot more efficient than litigation.
--Drew Iddings, Detroit MI
Arbitrators tend to split
baby. When representing the money
partner I prefer litigation. I don’t
want 50% of damages, I want 100%.
--Robert Richman, Rochester, NY
Neither, I’ve actually found
Mediation to be the most helpful on my new construction deals. Sometimes the
answer is simply to have the contractor and architect sit down at a table with
a neutral party to walk through the issues. Most of the time the parties can
find common ground simply by having someone diffuse the emotions and walk
through the facts.
Green, Washington, DC
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Call for Resource Library Suggestions
to hear from you! What forms,
templates or tutorials would you like added to the Resource Library. Please email your requests to Elena firstname.lastname@example.org.
In addition, every month ACC hosts a webcasts
that goes over how to search the Resource Library and explains all that it
offers. It is a 30-min presentation and the archived version of the November
presentation can be found at here.
Call for Legal Quick Hit Topics.
What programs would you like to see presented as a
legal quick hit? Please email your requests to Elena email@example.com. I
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Meet Laura Dorman
Laura Dorman is a Managing
Director and Associate General Counsel at Berkeley Research Group. BRG is a
leading global strategic advisory and expert consulting firm that provides
independent advice, data analytics, authoritative studies, expert testimony,
investigations, and regulatory and dispute consulting to Fortune 500
corporations, financial institutions, government agencies, major law firms, and
regulatory bodies around the world. Named by Forbes as one of America’s Best
Management Consulting Firms in 2016, BRG is headquartered in Emeryville,
California, with offices across the United States and in Asia, Australia,
Canada, Latin America, the Middle East, and the United Kingdom.
BRG in 2011, when BRG was one year old and had less than 100 employees, and has
participated in the company’s growth to its current level of almost 1,000
employees. In addition to advising her colleagues, Laura leverages her
experience in litigation to provide advice and strategic leadership on client
matters, guiding lawyers and executives in the process of assembling
appropriate consultants and experts for complex, high-priority client matters.
her graduation from law school at USC, Laura clerked for a federal district
court judge, and then headed to Washington, DC, where she worked on the staff
of a Congressional task force studying fraud, waste and abuse in the Department
of Defense. She returned to California to join Severson & Werson, where she
specialized in litigation and became a shareholder. She also taught Pretrial
Litigation and tort law at Golden Gate University School of Law, first as an adjunct
and then as a full-time professor for two years. She then spent 10 years in-house
at California Federal Bank and Citibank, where she was responsible for
supervising and managing the bank’s litigation. Laura has been active in the
ACC since becoming in-house counsel. Having served as chair of the Financial
Services Committee, she joined forces with Real Estate Chair Dawn Haghighi to
organize the committees’ Regulatory Working Group, which she and Dawn co-chair.
She has also served on the Advisory Board to the ACC’s Mid-Year Meetings.
a member of a number of professional organizations, including the Association
of Business Trial Lawyers. She is currently a member and Advisor and served as
vice-chair of the Financial Institutions Committee of the Business Law Section
of the State Bar of California. She also served on the State Bar’s judicial
selection committee. She has devoted time to a number of non-profits, including
Reading Partners, and served on the board of her community educational foundation.
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Upcoming Quick Hits
The Real Estate Committee is pleased to announce the following timely topic for our March Legal Quick Hit.
Estate Committee Legal Quick Hit
March 16, 2017 Noon
PST/3:00 PM EST
The Real Estate
Committee is pleased to announce the following timely topic for our March Legal
Topic: Hacking, Encryption,
and Privacy: Where will a Trump Administration Go?
Explore the upcoming
policy decisions around encryption and data security and whether
a Trump Administration will embrace encryption and privacy,
law enforcement access, or some blend of both. The
discussion will also focus on the impact of
President Obama's January 2017 sanctions on the
Russian government, and how that will impact Trump's policies and
Paul M. Rosen serves as Chief of Staff at the Department
of Homeland Security. Mr. Rosen previously served as Deputy
Chief of Staff and Senior Counselor at DHS and Chief of Staff at U.S.
Immigration and Customs Enforcement. He was a federal prosecutor in
the U.S. Attorney’s Office for the Eastern District of Virginia and for the
Department of Justice Criminal Fraud Section. Mr. Rosen also served as
Counsel to then-Senator Joseph Biden, Jr. on the United States Senate Judiciary
Committee. Prior to the Senate Judiciary Committee, Mr. Rosen was a
law clerk to the Honorable Gary Allen Feess, U.S. District Judge for the
Central District of California.
Jason P. Gonzalez, a former Assistant US Attorney, partner at Nixon Peabody
specializing in white collar investigations and a
Certified Information Privacy Professional/United States (CIPP/US).
Click here to register for this presentation.
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Save the DatesACC Mid-Year Meeting, April 2-4 in New York, NY.
2017 ACC Annual Meeting, October 15-18 in Washington, DC.
Chair Dawn Haghighi
will be presenting: "After Dodd-Frank and CFPB: Surveying the New Financial Regulatory
- Early registration is open through March 22.
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