Recording Date: November 17, 2009
Duration: 102 minutes

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Agenda & Speakers

• Green Building Programs/Certifications
– Leadership in Energy and Environmental Design (LEED)®
– Other green building rating systems (e.g., Green Globes, BREEAM)
• Green Building Incentives and Requirements
– The Recovery Act of 2009 and proposed federal legislation
– State and municipal requirements
– Enforcement of green building standards
• Green Building Issues in Transactions
– Design and construction contracts
– Green leases
– M&A due diligence
• Green Building Issues in Litigation
– Is failure to comply with LEED standard a “construction defect?”
– Impact of right to repair statutes
– What is appropriate measure of damages?
– Insurance: Do CGL policies cover green building defects?
– Greenwashing and false advertisement claims
– Recent case law

Matthew Fortney, Esq., AP, Quarles & Brady LLP, Madison, WI
Carolyn Kaplan, Esq., Counsel and Chief Sustainability Officer, Nixon Peabody LLP, Boston
David Muth, Esq., Quarles & Brady LLP, Milwaukee, WI
Stephen O’Day, Esq., Smith, Gambrell & Russell, LLP, Atlanta