Commercial Lease Drafting & Negotiation with AI

2 units

Commercial leases are a cornerstone of transactional law practice. Real estate attorneys draft and negotiate leases on a routine basis; however, complex commercial leases also frequently appear in M&A transactions, bankruptcies, corporate law, estate planning, and litigation, among other areas. In this transactional skills course, students will gain proficiency analyzing, structuring, drafting, and negotiating commercial leases (industrial, office, and retail), as well as other related transaction documents, including letters of intent; subordination, non-disturbance and attornment agreements; assignments; subleases; and estoppels. Students will develop an understanding of the substantive law applicable to commercial leases and how the law translates to practical drafting strategies. This course will also introduce students to Spellbook, a generative artificial intelligence tool for contract drafting and negotiation. Students will learn how Spellbook and other similar generative AI tools can be used to supplement their own independent analysis and drafting in an ethical and efficient manner. Throughout the course, students will have the opportunity to utilize Spellbook in completing certain drafting assignments. Course materials will include the book Commercial Leasing: A Transactional Primer, which combines substantive case law with practical drafting exercises, along with supplemental scholarly articles and case law. Because written assignments and in-class performance depend upon the particular roles assigned to each student, this course will not be graded anonymously. The course will be graded on a modified pass/fail basis. Student grades will be based on (1) thoughtful and regular class participation, (2) completion of weekly drafting assignments, (3) independent completion of a summative complex lease review drafting project, and (4) completion of a final, summative group lease negotiation and drafting project.