Mr. Miller’s practice includes both real estate transactions and litigation. He specializes in the area of commercial real estate transactions. Since 1999, he has represented clients in the successful closing of over $6 billion of commercial real estate transactions throughout the United States, primarily involving net leased properties. His recent transactions include $1 billion in sale-leasebacks with public companies, such as Citibank, BMO Harris Bank, Rite Aid, and Pep Boys; the roughly $100 million acquisition of the Alcon Laboratories contact lens manufacturing facility subject to the Alcon lease; the acquisition of limited liability companies owning a $200 million investment banking headquarters building; residual value financings; credit tenant lease financings; and the acquisition of remainder interests in over two million square feet of commercial property.
He also represents clients in real estate litigation, workouts and other disputes. Recent litigated matters and workouts include the litigation and successful settlement of a mechanic’s lien foreclosure action on behalf of the general contractor, the litigation and successful settlement of a dispute involving a fair market value purchase option on behalf of a real estate investor, the representation of a commercial landlord in connection with the bankruptcy of the sole tenant and the representation of a lender in a real estate loan workout.
Mr. Miller obtained his Bachelor of Arts from Hamilton College (summa cum laude) in 1978 and his JD from Stanford Law School in 1981. He has been admitted to practice in California since 1981 and is a resident of our Santa Monica office.
PUBLICATIONS AND PRESENTATIONS
“Avoiding Deal Killers in Real Estate Sale and Purchase Transactions” (Strafford webinar on October 25, 2018)
“Net Leases & Sale-Leasebacks, A Guide to Legal, Tax & Accounting Strategies,” Practising Law Institute (2018)
“Acquiring Real Estate from a Bankrupt Seller-Legal Issues” (Strafford webinar on July 9, 2013)
Acquiring Real Property from a Bankrupt Seller, 47 Real Prop. Tr.& Est. L.J. 413 (2013)
“Credit Tenant Loans” (Presentation at Interface Net Lease West, Los Angeles, California on March 21, 2012)
Using Letters of Credit, Credit Default Swaps and other Forms of Credit Enhancement in Net Lease Transactions, 4 Virginia Law & Business Review 1 (2009)
Off-Balance-Sheet Sale-Leasebacks and Synthetic Leases after Enron, 20 California Real Property Journal 4 (2002)
“Valuation of the Mortgagee’s Interest on Partial Condemnation” (15 Loyola of Los Angeles Law Review 227 (1982))
“System and Method for Conducting the Closing of a Real Estate Sale over a Computerized Network” (co-inventor) U.S. Patent #7,085,735
“Closing System for Closing Real Estate Transactions between a Plurality of Parties” (co-inventor) U.S. Patent #7,596,511
“System & Method For Generating Legal Documents” (co-inventor) U.S. Patent #9,355,370
Santa Monica Office