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2025-03-25 13:00:00

2 Credits

Master essential LLC operating agreement provisions for real estate, including management structures, dispute resolution, distributions, and asset protection strategies.

2025-03-25 13:00:00

Master essential LLC operating agreement provisions for real estate, including management structures, dispute resolution, distributions, and asset protection strategies.

2025-03-25 13:00:00

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Live stream programs

24/7

Access to live webinars & recordings

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Trusted by Legal Professionals

1000+

Live stream programs

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70,000+

Trusted by Legal Professionals

Course Overview

Drafting Protective Real Estate LLC Agreements

Participants will learn to draft operating agreements that maximize liability protection, resolve disputes, and structure distributions for real estate LLCs. These skills enable attorneys to better protect clients’ assets and prevent costly litigation.

Key topics that will be covered

What will you learn

Attorneys will learn how to draft comprehensive real estate LLC operating agreements covering entity selection, management structures, dispute resolution, capital contributions, profit distributions, and asset protection.

What will you gain

Attorneys will gain practical strategies for protecting clients through liability shielding, tax flexibility, partition action prevention, and layered LLC structures for real estate investments.

Entity Selection
Evaluate liability protection, tax flexibility, and operational simplicity when choosing LLCs.
Management Structure
Choose member-managed for small active groups or manager-managed for passive investors.
Dispute Resolution
Draft mandatory mediation, arbitration, or litigation provisions with strong enforceable language.
Capital Contributions
Define initial contributions, capital calls, triggering events, and non-payment consequences clearly.
Profit Distribution
Structure periodic or lump sum distributions with proportional or waterfall allocation methods.
Asset Protection
Use layered LLC structures and trusts to maximize personal liability protection.

What will you learn

Attorneys will learn how to draft comprehensive real estate LLC operating agreements covering entity selection, management structures, dispute resolution, capital contributions, profit distributions, and asset protection.

What will you gain

Attorneys will gain practical strategies for protecting clients through liability shielding, tax flexibility, partition action prevention, and layered LLC structures for real estate investments.

Agenda

Session 1

Determining If an LLC Is Right for Clients

Session 2

Choosing Member-Managed or Manager-Managed LLC Structures

Session 3

Drafting Effective Dispute Resolution Provisions in Agreements

Session 4

Capital Contribution Provisions and Member Obligations

Session 5

Structuring Real Estate Profit Distribution Provisions

Session 6

Maximizing Personal Asset Protection Through LLC Structures

Session 7

Tax Implications and Maximizing LLC Tax Benefits

clock 1:00 pm - 1:15 pm EST

Determining If an LLC Is Right for Clients

Ross Pitcoff

Pitcoff Law Group PC

Sarah Barickman

Pitcoff Law Group P.C.

This session examines the three primary factors for evaluating LLCs in real estate: liability protection, tax flexibility, and operational simplicity. Attendees will learn when LLCs are preferred over other entities, transfer tax benefits, and how operating agreements can prevent partition actions.

Ross Pitcoff

Pitcoff Law Group PC

Sarah Barickman

Pitcoff Law Group P.C.

clock 1:15 pm - 1:30 pm EST

Choosing Member-Managed or Manager-Managed LLC Structures

Ross Pitcoff

Pitcoff Law Group PC

Sarah Barickman

Pitcoff Law Group P.C.

Explore the key differences between member-managed and manager-managed LLCs and when each structure is appropriate for your clients. This session covers fiduciary duties, drafting considerations for each structure, and how to define responsibilities and termination provisions.

Ross Pitcoff

Pitcoff Law Group PC

Sarah Barickman

Pitcoff Law Group P.C.

clock 1:30 pm - 1:45 pm EST

Drafting Effective Dispute Resolution Provisions in Agreements

Ross Pitcoff

Pitcoff Law Group PC

Sarah Barickman

Pitcoff Law Group P.C.

Learn to draft deadlock clauses, third-party decision-maker provisions, and mandatory mediation and arbitration language. This session compares resolution methods including mediation, arbitration, and litigation, while addressing indemnification provisions for managing members.

Ross Pitcoff

Pitcoff Law Group PC

Sarah Barickman

Pitcoff Law Group P.C.

clock 1:45 pm - 2:00 pm EST

Capital Contribution Provisions and Member Obligations

Ross Pitcoff

Pitcoff Law Group PC

Sarah Barickman

Pitcoff Law Group P.C.

This session covers drafting initial contribution requirements, capitalization tables, and capital call procedures with clear triggering events. Attendees will learn how to define consequences for non-payment including dilution, forced sales, and loss of voting rights.

Ross Pitcoff

Pitcoff Law Group PC

Sarah Barickman

Pitcoff Law Group P.C.

clock 2:10 pm - 2:30 pm EST

Structuring Real Estate Profit Distribution Provisions

Ross Pitcoff

Pitcoff Law Group PC

Sarah Barickman

Pitcoff Law Group P.C.

Examine the choice between periodic payments and lump sum distributions, and when each approach best serves your clients’ goals. This session details proportional versus waterfall distribution structures, reinvestment clauses, and tax considerations including 1031 exchanges.

Ross Pitcoff

Pitcoff Law Group PC

Sarah Barickman

Pitcoff Law Group P.C.

clock 2:30 pm - 2:50 pm EST

Maximizing Personal Asset Protection Through LLC Structures

Ross Pitcoff

Pitcoff Law Group PC

Sarah Barickman

Pitcoff Law Group P.C.

Discover layered protection strategies using trusts and tiered LLC structures to shield individual members from liability. Learn how manager-managed LLCs reduce exposure for passive investors and the conduct that risks piercing the corporate veil.

Ross Pitcoff

Pitcoff Law Group PC

Sarah Barickman

Pitcoff Law Group P.C.

clock 2:50 pm - 3:10 pm EST

Tax Implications and Maximizing LLC Tax Benefits

Ross Pitcoff

Pitcoff Law Group PC

Sarah Barickman

Pitcoff Law Group P.C.

This session explores tax treatment across different LLC classifications including single-member, multi-member, and S-Corp elections. Attendees will learn about pass-through taxation benefits, employment tax considerations, and critical compliance requirements like K-1 reporting.

Ross Pitcoff

Pitcoff Law Group PC

Sarah Barickman

Pitcoff Law Group P.C.

01 07
Prev
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speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Ross Pitcoff

Pitcoff Law Group PC

Sarah Barickman

Pitcoff Law Group P.C.

Ross Pitcoff

Pitcoff Law Group PC

Ross Pitcoff is a highly skilled business and commercial litigator with over a decade of experience, renowned for his strong courtroom presence and ability to simplify complex legal scenarios while securing favorable outcomes for clients.

Education & Credentials

Graduate of Fordham University School of Law

Experience

Over a decade of experience in business and commercial litigation. Focus areas include complex business disputes, business divorce, partnership disputes, breach of contract, fraud, and alternative dispute resolution. Admitted to practice in both the Southern and Eastern Districts of New York. Provides comprehensive legal counsel to businesses including entity structuring, drafting shareholder or operating agreements, overseeing business acquisitions, conducting internal investigations, and negotiating and reviewing contracts.

Ross Pitcoff

Pitcoff Law Group PC

Ross Pitcoff is a highly skilled business and commercial litigator with over a decade of experience, renowned for his strong courtroom presence and ability to simplify complex legal scenarios while securing favorable outcomes for clients.

Education & Credentials

Graduate of Fordham University School of Law

Experience

Over a decade of experience in business and commercial litigation. Focus areas include complex business disputes, business divorce, partnership disputes, breach of contract, fraud, and alternative dispute resolution. Admitted to practice in both the Southern and Eastern Districts of New York. Provides comprehensive legal counsel to businesses including entity structuring, drafting shareholder or operating agreements, overseeing business acquisitions, conducting internal investigations, and negotiating and reviewing contracts.

Sarah Barickman

Pitcoff Law Group P.C.

Sarah Barickman is a seasoned litigation attorney and Partner at Pitcoff Law Group, celebrated for her unwavering dedication, strategic acumen, and steadfast commitment to justice in complex commercial and employment disputes.

Education & Credentials

Graduated cum laude from American University, Washington College of Law in 2002

Experience

Law Clerk to the Honorable Gregory L. Frost, United States District Court Judge for the Southern District of Ohio. Practiced at Hoguet, Newman, Regal & Kenny, LLP in Manhattan handling complex commercial and employment disputes. Joined Am Law Top 100 firm Venable LLP in Washington, DC for general commercial litigation. Practiced employment law and general commercial litigation at BakerHostetler LLP in Orlando, Florida. Currently Partner at Pitcoff Law Group after serving as Senior Litigation Attorney.

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Price varies based
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Ability to Ask Questions During
the Presentation via a Chat Box
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Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
Personalized CLE Platform
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Why Attend

Why this 
program matters

Well-drafted real estate LLC operating agreements protect clients from costly disputes, forced sales, and litigation while providing essential liability shields and tax advantages.
80%+
Of U.S. real estate firms are structured as LLCs, favoring their liability protection and tax flexibility benefits.
60%
Of real estate lawsuits involve contract disputes, making comprehensive operating agreement provisions essential for dispute prevention.
$54k
Median cost for business liability lawsuits, highlighting the financial importance of proper LLC structuring and dispute resolution clauses.
12M
Contract lawsuits are filed annually against small businesses in the U.S., underscoring the critical need for well-drafted operating agreements.

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