Understand what needs to occur for a successful outparcel development. Adding outparcels or pads to a retail project can add significant monetary value to the development, particularly with respect to under-utilized parking areas and other land.
Mike has over thirty years of experience representing property owners, developers, and financial institutions in a variety of office, retail, and other commercial projects, and in loan transactions.
Mike’s practice has a special emphasis on negotiating and preparing retail leases and project documents for real property owners, developers, and well-known retailers. He is also regularly retained to assist clients to obtain land use entitlements for retail and other commercial projects, as well as to negotiate disposition and development agreements. In addition, Mike has significant experience in representing financial institutions in dealing with troubled assets and disputes arising out of real property secured loans.
Mike has been retained as an expert witness in both federal and state court.
Before Mike’s practice focused on transactional, land use, and financing matters, he was a litigation attorney who obtained judgments, jury verdicts, and arbitration awards for his clients in cases primarily concerning real property disputes and lender liability claims.
J.D., University of California, Los Angeles School of Law (1986)
- Chief Article Editor, Federal Communications Law Journal
B.A., University of California, Berkeley, History and Economics (1983)
- Phi Beta Kappa
American Bar Association
California Bankers Association
City of San Ramon Planning Commission – Former Commissioner and Chairperson
Contra Costa County Bar Association
International Council of Shopping Centers – Northern California Program Planning Committee
- From Here to Attorney: The Ultimate Guide to Excelling in Law School and Starting a Legal Career, 1993 (co-authored with Robert Arnett II and Arthur Coon)
- "The Case Against Formula Retail Ordinances: Understanding the Problem and Crafting Solutions," Shopping Center Law & Strategy, October 2017 (co-author)
- "Considerations When Developing Outparcels In Retail Projects," Commercial Leasing Law & Strategy, ALM Law Journal Newsletter, Summer 2013
- “Contractual Obligations May Remain After Transfer of Property” (co-author)
- “Why Your Ground Lease Should Be Financeable,” Financial Executive, November 2003
- “Act Now; Don’t Wait,” San Francisco Daily Journal, May 2003
- “Lessees Should Try to Negotiate a Ground Lease That Is 'Financeable',” San Francisco Daily Journal, May 2003
- “Privity Policy,” San Francisco Daily Journal, September 2001 (co-author)
- “Clearing Up The Confusion About Mixed Collateral: A Comprehensive Analysis of California Commercial Code Section 9501(4),” USF Law Review, 1988
- “Protecting Wireless Communications: A Detailed Look at Section 605 of the Communications Act,” Federal Communications Law Journal, 1987
Speeches & Presentations
Mike has spoken regularly on a variety of issues related to real property law, land use matters and leasing for the Continuing Education of the Bar, the State Bar of California, and the International Council of Shopping Centers. He has also chaired several panels coaching developers on how to obtain land use approvals. Some of his speaking engagements and educational seminars include:
- “Outparcel Development Fundamentals,” Lorman Speaker Group, January 23, 2018 (webinar speaker)
- “The ABCs of Old REAs and CC&Rs,” ICSC U.S. Shopping Center Law Conference, 2016
- “Think Smaller: Small Project Development,” ICSC California Retail Leasing Symposium, 2013
- “Acquiring And Developing Outlots Within Existing Shopping Centers Or Retail Projects,” ICSC U.S. Shopping Center Law Conference, 2012
- “Broker, Management and Leasing Agreements,” ICSC California Retail Leasing Symposium, 2011
- “Letters of Intent and Construction Work Issues,” ICSC Northern California Program 2006
- “Real Property Remedies,” CEB, 2005 – 2011
- “Hot Shopping Center and Legal Issues,” Monterey ICSC Idea Exchange, 2004
- “Everything You Wanted To Know About Negotiating Key Retail Lease Clauses,” 22nd Annual Retreat of the Real Property Law Section of the State Bar of California, 2003
- “Legal Eagles: Negotiation of Key Lease Clauses,” Monterey ICSC Idea Exchange, 2002
Not Worth The Paper It’s Printed On? Strategies For Dealing With The Fraud Exception To The Parol Evidence Rule
In California the parol evidence rule does not bar claims for fraudulent misrepresentations or promises at variance with the terms of a written contract.
International Council of Shopping Centers Retail Law Strategist - Volume 13, Issue 2, Summer 2013
The International Council of Shopping Centers (ICSC) is holding a California Retail Leasing Symposium at Hotel Nikko in San Francisco from 7:30 AM to 5:00 PM on Friday, February 1, 2013.