Practice Areas: Real Estate
Licensed in California since: 1981
Education: Stanford Law School
Selected to Super Lawyers: 2022 - 2024 Call today:
310-656-8000
Gorman & Miller
201 Santa Monica BlvdSuite 300
Santa Monica, CA 90401 2212 Visit website
Details
Ken Miller is an attorney and shareholder at Gorman & Miller, a Santa Monica-based law firm. He concentrates his practice on real estate transactions and real estate litigation, with an emphasis on commercial real estate transactions. Since 1999, he has represented both buyers and sellers in the successful closing of over $7 billion worth of commercial real estate transactions. In addition, he has represented both borrowers and lenders in real estate loan workouts.Â
Mr. Miller graduated summa cum laude from Hamilton College with a bachelor of arts and earned his law degree from Stanford Law School in 1981. Since 2015, he has authored "Net Leases and Sale-Leasebacks," the premier legal treatise on real estate sale-leasebacks and net leases, published by the Practising Law Institute. He also lectures on real estate law at continuing legal eductation seminars and webinars.
Practice areas
Real Estate: Business- 100% Real Estate: Business
First Admitted: 1981, California
Professional Webpage: https://www.gormanmiller.com/ken-miller
Educational Background:
- JD, Stanford Law School, 1981
- BA, Hamilton College, Summa Cum Laude, 1978
Scholarly Lectures/Writings:
- I was one of three lecturers. My lecture covered net leases and sale-leasebacks and the advantages of U.S. net lease investment to foreign investors., Lecturer, Foreign Investment in US Real Estate, BOKS International, Real Estate, 2022
- This law review article analyzes the financial, bankruptcy and accounting consequences of various credit enhancement devices for net leases, including parent guarantees, security deposits, and letters of credit. The article also proposes a customized credit default swap as additional support for the tenant's obligations under a net lease., Author, Using Letters of Credit, Credit Default Swaps and Other Forms of Credit Enhancements in Net Lease Transactions, Virginia Law & Business Review, Real Estate, 2009
- The lecture covered common obstacles in the negotiation and closing of commercial real estate sales. In particular, I addressed "as-is" clauses, encroachments, and structures to defer or reduce capital gains., Lecturer, Avoiding Deal Killers in Real Estate Sale and Purchase Transactions, Strafford , Real Estate, 2018
- This book covers all aspects of the ownership, financing, documentation, taxation and accounting for net leases and sale-leasebacks with a focus on those areas where the treatment net leases differs from the treatment of other fomrs of real estate investment. The book, as updated, has been published annually since 2016 by the Practising Law Institute. , Author, Net Leases and Sale-Leasebacks, a Guide to Legal, Tax and Accounting Strategies, Practising Law Institute, Real Estate, 2022
- This article was published shortly after the Enron accounting scandal and the resulting changes to U.S. accounting regulations. The article analyzes and compares two popular off-balance-sheet structures: the synthetic lease and the sale-leaseback. The article concludes that transparency concerns and the new accounting regulations will significantly limit the continued use of the synthetic lease but that the off-balance-sheet real estate sale-leaseback will remain popular. That has largely been the case., Author, Off-Balance-Sheet Sale-Leasebacks and Synthetic Leases after Enron, California Real Property Journal, Real Estate, 2002
- The lecture was presented on March 21, 2012 at Interface Net Lease West, Los Angeles, California. The lecture summarized the NAIC requirements for a Credit Tenant Loan. , Lecturer, Credit Tenant Loans, Interface Net Lease West, Commercial Real Estate, 2012
- This article describes the statutory requirements, customary procedures and potential risks of acquiring real property from a bankrupt seller. It also covers the transfer tax consequences of such an acquisition., Co-author, Acquiring Real Property from a Bankrupt Seller, Real Property, Trust and Estate Law Journal, Real Estate, 2013
Transactions:
- Co-counsel to two buyers of a 510,000 square foot office building in Stamford, Connecticut. Each buyer acquired a tenant in common interest in the property. , 2022
- Lead counsel to the buyer-landlord in the sale-leaseback of 59 Walgreens Stores in 12 states., 2022
- Lead counsel to the buyer in the acquisition of the land underlying a 700,000 square foot former investment banking headquarters building., 2017
- Lead counsel to the buyer of the 664,000 square foot Dow Texas Innovation Center in Lake Jackson, Texas., 2020
- Lead counsel to the buyer-landlord in the sale-leaseback of 105 bank branches operated by Citibank, and the resale of such properties. The first tranche of the acquisition was completed in 2014., 2015
- Lead counsel to the buyer in the acquisition of a 674,000 square foot corporate campus in Bridgewater, New Jersey leased to Sanofi’s U.S. subsidiary. Sanofi is the world’s eighth largest pharmaceutical company with a global workforce of over 100,000., 2022
- Lead counsel to the buyer of the Alcon Laboratories' 882,000 square foot contact lens manufacturing facility in Johns Creek, Georgia, subject to the Alcon lease. The acquisition was structured as a reverse tax free exchange., 2018
- Lead counsel for buyer-landlord in the sale-leaseback of 9 Gold's Gyms in Texas and Oklahoma. , 2018
- Lead counsel to the buyer-landlord in the sale-leaseback of 21 Walgreens Stores in 12 states. , 2020
Honors/Awards:
- , Superlawyer, www.superlawyers.com, 2022
Bar/Professional Activity:
- Member, Real Property Law Section of the California Lawyers Association, 2023
- Member, Board of Trustees of the Santa Monica Bar Association, 2023
Representative Clients:
- SunVic Properties, Inc., 2023
- Brixton Capital, 2023
- Corporate Partners Capital Group LLC, 2023
- AVG Partners, 2023
Industry Groups:
- Real Estate Investment
Office location for Ken Miller
201 Santa Monica Blvd
Suite 300
Santa Monica, CA 90401 2212
Phone: 310-656-8000
Selections
3 Years Super Lawyers
- Super Lawyers: 2022 - 2024
