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Ken Miller

Mr. Miller’s practice includes both real estate transactions and litigation. He also testifies as an expert witness in cases involving complex commercial real estate transactions. Since 1999, he has represented clients in the successful closing of over $7 billion of commercial real estate transactions throughout the United States, primarily involving net leased properties. His recent transactions include over $1 billion in sale-leasebacks with public companies, such as Walgreens, 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 representation of the sponsor in the negotiation of an operating agreement for an LLC acquiring an 82 unit apartment building in San Diego; the representation of the investor in an operating agreement for an LLC acquiring an 82 unit apartment building in Florida; the acquisition of the 664,000 square foot Dow Texas Innovation Center; 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. He has been selected by his peers as a Super Lawyer (2022-2024).

PUBLICATIONS AND PRESENTATIONS

Net Leases & Sale-Leasebacks, A Guide to Legal, Tax & Accounting Strategies,” Practising Law Institute (2016-2022)

“Foreign Investment in US Real Estate” (BOKS International webinar on December 7, 2022)

“Avoiding Deal Killers in Real Estate Sale and Purchase Transactions” (Strafford webinar on October 25, 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))

Santa Monica Office
310-656-8000
kmiller@gormanmiller.com