Mark A. Senn, Director

Mark A. Senn

Mark’s practice emphasizes all aspects of commercial real estate transactions including preparation and negotiation of leases, purchase and sale contracts, and loan agreements.  He represents landlords, tenants, developers, and lenders and frequently serves as an expert witness.  He has spoken throughout the country for Practicing Law Institute, International Council of Shopping Centers, the American Conference Institute, CLE International, and many state continuing legal education programs.  Mark is the co-chair of ALI-CLE’s “Commercial Real Estate Leases” and “Modern Real Estate Transactions” programs.

Mr. Senn is the author of Commercial Real Estate Leases: Preparation, Negotiation, and Forms (5th ed.), and contributing editor of State by State Guide to Commercial Real Estate Leases (5th ed.), and Commercial Real Estate Transactions Handbook (4th ed.).  His published articles have addressed a variety of topics including the effect of the Black Death on English life and law, history of usury, land measurement, Shakespeare and land law, escrows, and self-help for commercial landlords.

He is a member of the board of advisors of Commercial Lease Law Insider and Commercial Tenant’s Lease Insider; a member of the advisory board of the Georgetown Advanced Commercial Leasing Institute; a member of the American College of Real Estate Lawyers; an advisory board member of the Committee on Real Estate Law of ALI-CLE; a member of the Panel of Commercial Arbitrators – American Arbitration Association; group vice-chair of the American Bar Association Section of Real Property, Probate and Trust’s Commercial Leasing Committee; co-chair of the American Law Institute’s Commercial Real Estate Leases program and the Modern Real Estate Transactions program; member of the Anglo-American Real Property Institute; and is listed in The Best Lawyers in America; The International Who’s Who of Real Estate Lawyers; Presidential Who’s Who; Chambers USA America’s Leading Lawyers for Business; Law Dragon 500; and Top 50 Colorado Super Lawyers.

Education

  • Stanford University (B.A., with distinction, 1969)
  • University of California at Berkeley (Boalt Hall) (J.D., 1972)
  • University of Colorado (Master of Humanities, 2013)

Publications

  • Author, “Commercial Real Estate Leases: Preparation, Negotiation and Forms” (5th ed.), Wolters Kluwer Law & Business.
  • Contributing Editor, “Commercial Real Estate Transactions Handbook” (4th ed.), Wolters Kluwer Law & Business.
  • Contributing Editor, “State by State Guide to Commercial Real Estate Leases” (5th ed.), Wolters Kluwer Law & Business.

2013

  • “Shakespeare and the Land Law in His Life and Works,” 48 Real Prop., Probate and Tr. J., Spring 2013

2012

  • “Writing Good, Legal Sense and More or Less,” Probate & Property, May/June 2012

2011

  • “Renegotiating Your Leases (With Form),” Practical Real Estate Lawyer, March 2011

2006

  • “A Matter of Principle and Interest: The Briefest Possible History of Usury,” Probate & Property, March/April 2006

2003

  • “English Life and Law in the Time of the Black Death,” 38 Real Prop., Probate and Tr. J., Fall 2003

2002

  • “Reflections on Some Forgotten Terms of Land Measurement,” Probate & Property, March/April 2002

Presentations

2014

  • Panelist, Professional Education Broadcast Network, “Small Commercial Leases: Negotiating and Drafting Issues,” webcast, February 11, 2014
  • Speaker, Georgetown University Law Center Continuing Legal Education, Advanced Commercial Leasing Institute, “Supersize It Meets Mini-Me: Expansion and Contraction Rights,’” Washington, D.C., April 9-11, 2014
  • Speaker, Hawaii Bar Association, “Updates in Real Estate Transactions,” Honolulu, May 8-9, 2014.

2013

  • Lecturer, Philosophy of Law, Department of Philosophy, University of Colorado, Spring 2013
  • Panelist, Professional Education Broadcast Network, “Subleasing and Assignments, Part 1″ and “Subleasing and Assignments, Part 2,” webcasts, June 25, 2013
  • Speaker, Colorado Bar Association, The Willis Carpenter Real Estate Symposium, “William Shakespeare and the Land Law in His Life and Works,” Snowmass Village, CO, July 11-13, 2013
  • Speaker, The American Law Institute, Modern Real Estate Transactions, “Purchase Contracts from Letters of Intent through Due Diligence (including Survey and Title Review);” “Management and Brokerage Contracts;” “Essential Lease Provisions: Premises, Term, and Rent;” “Assignment and Subletting;” and “Ground Leases,” Chicago, August 1-3, 2013
  • Speaker, International Council of Shopping Centers, 2013 U.S. Shopping Center Law Conference, “Ethics – Privilege and Attorney Work Product or Exhibiting Your Private Parts,” San Diego, October 16-19, 2013
  • Speaker, American College of Real Estate Lawyers, 2013 Annual Meeting, “Remembering Tomorrow: How will your law practice look?”, Vancouver, British Columbia, October 24-27, 2013

2012

  • Panelist, Georgetown University Law Center Continuing Legal Education, Advanced Commercial Leasing Institute, “Ethics for Jet-Setters: Are Conflicts ‘Bull’ or ‘Bear?,’” Washington, D.C., March 28-30, 2012
  • Panelist, American Bar Association, Section of Real Property, Trust and Estate Law, Assignment and Subletting Committee, “Anatomy of a Sublease: Incorporation- By- Reference vs. The Stand-Alone Sublease,” webcast, April 12, 2012
  • Panelist, Professional Education Broadcast Network, “Commercial Leasing, Part 1: Office Space,” and “Commercial Leasing, Part 2: Retail Space,” webcast, May 15, 2012
  • Planning Chair and Speaker, American Law Institute – American Bar Association, “Commercial Real Estate Leases—Selected Issues in Drafting and Negotiating in a Distressed and Troubled Market,” Chicago, June 1112, 2012
  • Planning Chair and Speaker, American Law Institute – American Bar Association, “Modern Real Estate Transactions: Practical Strategies for Real Estate Acquisition, Disposition, and Ownership,” San Francisco, July 18-20, 2012
  • Speaker, Colorado Bar Association CLE, Real Estate Fall Update, “Renegotiating Your Leases,” Denver, October 11, 2012
  • Speaker, American College of Real Estate Lawyers, 2012 Fall Meeting, “Was Shakespeare a Real Estate Lawyer? An Interview with His Oldest Friend,” Chicago, October 18-20, 2012
  • Speaker, International Council of Shopping Centers, 2012 U.S. Shopping Center Law Conference, “Exclusively Yours: Navigating the Maze from Negotiating the Exclusive Use Clause to the Waivers, and Coming out Alive,” Orlando, October 24-27, 2012

2011

  • Speaker, American Law Institute – American Bar Association, “Basic Real Estate Leases: The Economy Will Change but Your Lease Won’t!” webcast, May 18, 2011
  • Planning Chair and Speaker, American Law Institute – American Bar Association, “Commercial Real Estate Leases—Selected Issues in Drafting and Negotiating in a Distressed and Troubled Market,” Philadelphia, June 9-10, 2011
  • Speaker, American Law Institute – American Bar Association, “Modern Real Estate Transactions: Practical Strategies for Real Estate Acquisition, Disposition, and Ownership,” Boston, July 28-30, 2011
  • Speaker, Hawaii Bar Association, “Real Estate: Post Modern Transactions — Strategies for Acquisition, Disposition, and Ownership,” Honolulu, August 11-12, 2011

2010

  • Speaker, International Council of Shopping Centers, 2010 Canadian Shopping Centre Law Conference, “Managing the Unexpected – Damage, Destruction, Expropriation and Force Majeure,” Toronto, Ontario, Canada, February 25-26, 2010
  • Panelist, Professional Education Broadcast Network, “Negotiating & Drafting Retail Leases,” webcast, March 1 and 3, 2010
  • Speaker, Continuing Legal Education in Colorado, Inc., Commercial Real Estate Transactions: The Fundamentals, “Special Issues Affecting the Sale of Retail Property,” Denver, Colorado, March 5, 2010
  • Panelist, Georgetown University Law Center Continuing Legal Education, Advanced Commercial Leasing Institute, “Lease Provisions Make Cents: Prioritizing Value in a Negotiation,” Washington, D.C., April 7-9, 2010
  • Speaker, Boulder County Bar Association, “When the Tenant Calls . . .: Renegotiating Your Leases,” Boulder, Colorado, May 19, 2010
  • Planning Chair and Speaker, American Law Institute – American Bar Association, “Commercial Real Estate Leases—Selected Issues in Drafting and Negotiating in a Distressed and Troubled Market,” Philadelphia, June 3-4, 2010
  • Planning Chair and Speaker, American Law Institute – American Bar Association, “Modern Real Estate Transactions,” Chicago, July 29-31, 2010
  • Speaker, Denver Metropolitan Commercial Association of Realtors, “2010 Lurking Legal Issues,” Denver, Colorado, December 10, 2010

2009

  • Planning Chair and Speaker, American Law Institute – American Bar Association, “Commercial Real Estate Leases—Selected Issues in Drafting and Negotiating in a Distressed and Troubled Market,” Chicago, May 28-29, 2009
  • Panelist, Professional Education Broadcast Network, “Negotiating & Drafting Office Leases,” webcast, July 14, 2009
  • Panelist, Professional Education Broadcast Network, “Negotiating & Drafting Retail Leases,” webcast, July 15, 2009
  • Panelist, American Law Institute – American Bar Association, “Negotiating and Drafting Leases that Meet the ‘Green’ Expectations of Landlord and Tenant Clients,” webcast, July 22, 2009
  • Planning Chair and Speaker, American Law Institute – American Bar Association, “Modern Real Estate Transactions,” Santa Fe, NM, August 13-15, 2009
  • Speaker, International Council of Shopping Centers, 2009 U.S. Shopping Center Law Conference, “Hindsight is 20/20. Leasing Lessons Learned in the Collapsing Retail Market,” Phoenix, AZ, October 22, 2009

2008

  • Panelist, American Law Institute – American Bar Association, “Retail Leasing: Strategies for Landlords and Tenants,” webcast from Philadelphia, February 5, 2008
  • Speaker, American College of Real Estate Lawyers, 2008 Mid-Year Meeting, ” Law Like Love (Part 2) — A Little More Law and Literature,” San Antonio, March 13-16, 2008
  • Speaker, Georgetown University Law Center Continuing Legal Education, 10th Annual Advanced Commercial Leasing Institute, “Mixed Use or Mixed Up,” Washington, D.C., March 26-28, 2008
  • Speaker, American Bar Association Section of Real Property, Probate and Trust, Real Property Young Lawyers’ Institute, “Provision Impossible – Should You Choose to Accept this Assignment (or Sublease),” Washington, D.C., May 1-2, 2008
  • Planning Chair and Speaker, American Law Institute – American Bar Association, “Commercial Real Estate Leases—Selected Issues in Drafting and Negotiating in Current Markets,” Boston, May 29-30, 2008
  • Planning Chair and Speaker, American Law Institute – American Bar Association, “Modern Real Estate Transactions,” Boston, July 30-August 2, 2008
  • Panelist, American Bar Association, Section of Real Property, Trust and Estate Law, Young Lawyers Division, “Provision Impossible: Should you Choose to Accept this Assignment or Sublease. . . .,” webcast, November 13, 2008
  • Lecturer, Denver Metro Commercial Association of Realtors, “Lurking Legal Issues,” Denver, December 18, 2008

2007

  • Speaker, American Law Institute – American Bar Association, “Modern Real Estate Transactions,” Honolulu, March 1-2, 2007
  • Speaker, American College of Real Estate Lawyers, “Law Like Love,” San Diego, March 22-24, 2007
  • Speaker, Georgetown University Law Center Continuing Legal Education, 9th Annual Advanced Commercial Leasing Institute, “Woe or Windfall: Tricky Lease Provisions,” Washington, D.C., March 28-30, 2007
  • Speaker, Professional Education Broadcast Network, “Commercial Leasing Part 2 (Retail & Manufacturing Space)” teleconference, September 19, 2007
  • Speaker, American Bar Association, Commercial Real Estate Leasing, “Part Two of the Essential Issues in Commercial Real Estate Law Teleconference Series,” October 18, 2007

2006

  • Speaker, American Law Institute – American Bar Association, “Commercial Leasing Program,” Boston, June 1-2, 2006

2005

  • Speaker, Georgetown University Law Center Continuing Legal Education, 7th Annual Advanced Commercial Leasing Institute, “Dude, Where’s My Shopping Center?: Changing Circumstances,” Washington, D.C., March 30-April 1, 2005
  • Speaker, University of Texas 2005 Leasing Institute, “Implied Covenants: How a Court Will Help You Draft Your Lease (Years After You’ve Done It),” Houston (April 14-15, 2005) and Dallas (April 28-29, 2005)
  • Speaker, American Law Institute – American Bar Association, “Commercial Leasing Program,” Chicago, June 2-3, 2005
  • Speaker, American Law Institute – American Bar Association, “Modern Real Estate Transactions,” Boston, July 27-30, 2005
  • Speaker, International Council of Shopping Centers, “Basic Issues in Commercial Leases,” Phoenix, October 26-29, 2005

2004

  • Lecturer, CLE in Colorado, Inc./CBA Real Estate Section, “Operating Expenses and Taxes: Retail, Office and Industrial Leases (with Matthew D. Gordon and Rebecca Anderson Fischer),” Denver, March 12, 2004
  • Lecturer, Georgetown University Advanced Commercial Leasing Institute, “Ethics – ‘To Be Perfectly Frank’: Perpetrating a Fraud with the Best of Intentions,” Washington, DC, March 31 – April 2, 2004
  • Speaker, Colorado Bar Association CLE, “SNDAs: A Matter of Priority,” Snowmass Village, July 15-17, 2004
  • Speaker, American Law Institute – American Bar Association, “Modern Real Estate Transactions,” San Francisco, July 2004
  • Speaker, Colorado Bar Association CLE, “Subordination, Nondisturbance and Attornment Agreements,” Denver, November 5, 2004

2003

  • Lecturer, CLE International, “Tenant Default and Landlord Remedies,” Denver, January 24, 2003
  • Lecturer, Georgetown University Advanced Commercial Leasing Institute, “When Bad Things Happen to Good Leases: Litigating the Retail Lease,” Washington, D.C., April 2-4, 2003
  • Speaker, American Law Institute – American Bar Association, “Modern Real Estate Transactions,” Chicago, July 2003
  • Speaker, Colorado Bar Association CLE, “Commercial Lease Assignments: Breaking Up Is Hard To Do,” Vail, July 10-12, 2003

2002

  • Lecturer, Law Education Institute, Inc., “Hidden Costs in a Lease: The Tenant’s Unpleasant Surprise,” Steamboat Springs, January 4-9, 2002
  • Lecturer, Georgetown University Advanced Commercial Leasing Institute, “Ethics: Is Your Chinese Wall Impregnable?” Washington, DC, May 1-3, 2002
  • Lecturer, American College of Real Estate Lawyers, “Assignment and Subleasing,” Maui, March 2002
  • Speaker, American Law Institute – American Bar Association, “Modern Real Estate Transactions,” Boston, July 31- August 3, 2002
  • Lecturer, International Council of Shopping Centers, U.S. Law Conference, “Basic Issues in Commercial Leases,” Boca Raton, October 23-26, 2002

2001

  • Lecturer, Law Education Institute, Inc., “Subordination, Non-Disturbance and Attornment Agreements – Tenant’s Perspective,” Vail, January 3-8, 2001
  • Lecturer, Georgetown University Advanced Commercial Leasing Institute, “A Slight Burning Sensation: Fire and Other Property Damage,” San Francisco, March 21-23, 2001
  • Lecturer, Practicing Law Institute, “Letters of Intent in Sale Transactions and Loan Commitments,” San Francisco, April 4-6, 2001
  • Lecturer, CLE International, “Negotiating Leases Conference,” Denver, June 7-8, 2001
  • Lecturer, Colorado Bar Association, “Part I – How the Dates Cost The Tenant Money, Part II – The Legacy of the ‘Dot.gone’ Economy: Assignments and Subleases, and Part III – Subordination,” Steamboat Springs, July 12-14, 2001
  • Speaker, American Law Institute – American Bar Association, “Modern Real Estate Transactions,” San Francisco, August 15-18, 2001
  • Lecturer, International Council of Shopping Centers, U.S. Law Conference, “Basic Lease Issues,” Palm Desert, October 25-26, 2001

2000

  • Lecturer, Law Education Institute, Inc., “The Covenant of Good Faith and Fair Dealing in Real Estate Leases,” Vail, January 3-8, 2000
  • Lecturer, Georgetown University Advanced Commercial Leasing Institute, “The Covenant of Good Faith and Fair Dealing in Leases,” Washington, DC, March 22-24, 2000
  • Lecturer, American College of Real Estate Lawyers, “The Tenant’s Two-Step Recovery Program,” Scottsdale, March 29 – April 2, 2000
  • Lecturer, Practicing Law Institute, “Letters of Intent and Loan Commitments,” San Francisco, April 6-7, 2000
  • Panelist, American Law Institute – American Bar Association, “Modern Real Estate Transactions,” Chicago, August 9-12, 2000
  • Lecturer, CLE International, “Commercial Real Estate Leases: Preparation, Negotiation and Forms,” Denver, December 1, 2000
  • Lecturer, CLE International, “Commercial Real Estate Leases: Preparation, Negotiation and Forms,” Kansas City, December 11, 2000