Ken Miller

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 $4 billion of commercial real estate transactions throughout the United States, primarily involving net leased properties. His recent transactions include over $500 million in sale-leasebacks with public companies, such as Rite Aid, Pep Boys and Fleetwood Enterprises; the acquisition of a limited liability company owning an $80 million portfolio of commercial real estate; 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

“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))
 

Patents

“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