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21st Annual Commercial Real Estate Institute (San Francisco)


Speaker(s): Andrea Clay, Beth Pennington, Carol M. Langford, Catherine DeBono Holmes, Danna M. Kozerski, David A. Hamsher, David I. Paulson, Denis F. Shanagher, Gregg Dulik, Jodi B. Fedor, Jomari Peterson, Manuel Fishman, Mark Cameron, Mark McGranahan, Nicholas W. Targ, Richard C. Mallory, Robert S. Miller, Stephen P. Lieske, Steven Cvitanovic
Recorded on: Nov. 7, 2019
PLI Program #: 253268

Beth Pennington is the founding partner of Pennington LLP, a women-owned boutique real estate law firm in San Francisco.

Beth represents a broad array of clients in various real estate transactions.  Her practice experience includes representation of owners, developers, and real estate funds in joint ventures and other real estate deals.  She regularly provides legal counsel on purchase and sale, finance, workouts, commercial and residential development, leasing, tenancy in common and public–private partnerships.  Prior to forming Pennington LLP in 2019, Beth co-founded Pennington Lawson LLP in 2010 and was of counsel at both Paul Hastings LLP and DLA Piper LLP.

RECENT REPRESENTATIONS:

  • Representation of the seller of an office property in Palo Alto.Sale price:$117.5 million.
  • Representation of the buyer of a San Francisco financial district office tower.Purchase price:$82 million.
  • Representation of a seller in a membership interest sale of limited liability company interests in lieu of sale of real property.
  • Representation of the developer of a six-story, 69-unit condominium project in an Francisco in joint venture, property acquisition and construction financing.
  • Representation of owners of a retail shopping center in Colma, anchored by Target, BevMo and Michaels, in leasing and financing.
  • Representation of the developer of 680 acres of land that was formerly part of the Mare Island Naval Shipyard in Vallejo, California.
  • Representation of the purchaser of 50,000+ square foot Marin County office building in joint venture, purchase, financing and leasing.
  • Assistance to public utility with 65,000+ acre real estate portfolio regarding redevelopment potential, leasing, and licenses
  • Representation of real estate funds in both transactions and in-house management of transaction documentation and fund compliance.

EDUCATION:

  • Boston University, J.D.
  • Newcomb College of Tulane University, B.A., Philosophy (cum laude with Departmental Honors)


Carol M. Langford is a lawyer in the San Francisco Bay Area.  She specializes in giving advice on legal ethics and discipline to attorneys, judges, law firms and corporations, and in representing lawyers and law students before the California State Bar in disciplinary and admissions matters.  She serves as a national expert witness in the ethics area.  She was formerly a partner in the Walnut Creek office of the international law firm of Carroll, Burdick & McDonough, where she was ethics advisor to the firm and a member of the New Business Committee.

Ms. Langford has devoted a considerable amount of her time to training lawyers in issues involving law practice management.  She has also co-written two books: a nationally adopted textbook entitled Legal Ethics in the Practice of Law, 4th  Edition (Lexis Law Publishing, 2014 )and The Moral Compass of the American Lawyer, Truth, Justice, Power and Greed (Ballantine,1999). 

In addition to her practice, she served as Chair of the Ethics Committee of the American Bar Association Intellectual Property Section.  She is the first person in California history to be elected Chair of three committees/sections of the California State Bar.  She was the Chair of the Law Practice Management & Technology Committee of the State Bar of California and Chair of the Council of Section Chairs.  She also served as the Chair and Special Advisor to the California State Bar Committee on Professional Responsibility and Conduct, and has taught ethics as an adjunct professor at the University of San Francisco School of Law since 1992 and currently teaches at the University of California Berkeley, Boalt Hall School of Law.  She has lectured and presented programs on ethics for the California State Bar, local bar associations, the Institute of Internal Auditors, PLI, University of San Francisco School of the Law, Hastings College of the Law, and Lawyer’s Mutual Insurance Company.  Ms. Langford was the ethics consultant to the Judicial Council of California, and was a member of the  Mandatory Fee Arbitration Committee of the State Bar of California. 

She is a member of the California and Washington, D.C. state bars.  She recently was appointed to the Commission for the Revision of the Rules of Professional Conduct and served on the Disciplinary Standards Task Force where she was Chair of the Drafting Subcommittee.

She has won a Woman of the Year award from the Senate and the Contra Costa County Commission on Women for “Women Who Seek Justice,” and the Lichtenstein Distinguished Professorship of Legal Ethics Award from Hofstra University Law School in New York. 


Catherine DeBono Holmes is the chair of JMBM’s Investment Capital Law Group, and she has practiced law at JMBM for over 35 years. She has also worked as a senior member of the JMBM Global Hospitality Group and JMBM Chinese Investment Group. Within the Investment Capital Law Group, she works with real estate developers and business owners, brokers, investment advisers and investment managers to raise and manage investment capital from U.S. and non-U.S. investors.  She has acted as lead counsel on numerous hotel, residential and mixed-use developments and transactions in the U.S., Europe, China, South America and Asia Pacific regions, as well as hotel management and franchise agreements and public-private hotel developments. She has also represented private investment fund managers, registered securities broker-dealers and investment advisers on securities offerings, business transactions and regulatory compliance issues. She is a frequent speaker and author on a range of topics related to capital raising transactions, including EB-5 financing and Opportunity Zone financing. Cathy can be reached at cholmes@jmbm.com.


Danna Kozerski is a co-managing partner with the law firm of Coblentz Patch Duffy & Bass LLP in San Francisco, and is the former chair of the firm's real estate practice group.

Ms. Kozerski specializes in transactional real estate law, primarily devoted to leasing, financing, joint venture formation, and acquisitions and dispositions  She has represented both landlords and tenants in office and retail leases, lenders and borrowers in construction and permanent financings, and sellers and buyers in single asset and portfolio sales. 

Ms. Kozerski is an elected Fellow of the American College of Real Estate Lawyers and an elected member of the Policy Advisory Board for the University of California, Berkeley’s Fisher Center for Real Estate and Urban Economics.  She is a frequent speaker on financing, leasing and acquisition topics, including presentations for the American Law Institute Continuing Legal Education (ALI CLE), the California Continuing Education of the Bar and the Practising Law Institute.

She was named a 2011 Dealmaker of the Year by the Daily Journal, one of 20 California real estate attorneys whose complex real estate deals had a significant impact on local communities and the broader real estate market, and was honored by the San Francisco Business Times as one of the “Most Influential Women in Bay Area Business” in 2011 and 2012.  She is also listed in The Best Lawyers in America for Real Estate Law.

From 2003 to 2009, she served as a director and vice president of Habitat for Humanity San Francisco California.

She is admitted to practice in the States of California and Michigan.  Ms. Kozerski earned her undergraduate degree cum laude from Marquette University in 1984 where she was elected to Phi Beta Kappa. She received her law degree cum laude from Wayne State University in 1987.


David Hamsher is a partner in the Global Real Estate practice of Paul Hastings and is based in the firm's San Francisco office. His work on behalf of developers and real estate investors includes the negotiation of joint venture, purchase and sale, financing (including EB-5 financing), entitlement, development, affordable housing, community benefit and labor agreements. This work spans asset types, including for-sale and multifamily residential, commercial, retail, resort and complex mixed-use projects.

Experience
Significant representations include:

  • Lennar Corporation in connection with its formation, operation and disposition of numerous joint ventures for development of Hunters Point Shipyard, Candlestick Point and Treasure Island.
  • Ivanhoé Cambridge, the real estate subsidiary of the Caisse de dépôt et placement du Québec, one of Canada's leading institutional fund managers, in connection with numerous multifamily joint venture arrangements across the country, including an innovative multifamily platform in the Bay Area.
  • Lennar Corporation, FivePoint and their partners for development of Hunters Point Shipyard, Candlestick Point and Treasure Island, which together consist of more than 20,000 new homes, more than 6,000 of which will be priced for low and moderate income families, 4 million square feet of commercial and retail space, 600 acres of new parks, and nearly a thousand hotel rooms on more than 1,000 acres of largely vacant land.
  • California Barrel Company and Associate Capital in connection with the acquisition and development of the former Potrero Power Plant.
  • Numerous regional centers, lenders, and developers on EB-5 financings throughout the country totaling more than $1BN.
  • salesforce.com in its agreement to sell Mission Bay land to the Golden State Warriors.
  • Rockwood Capital and Morgan Stanley Real Estate Funds in connection with joint ventures, acquisitions and financings for various asset types, including significant office, retail, residential and resort projects.

David is committed to pro bono work. He represented the Neighborhood Parks Council for many years in development of new parks and open spaces in San Francisco, including the Helen Diller Playground – a wildly popular playground at the heart of Mission Dolores Park – Linden Alley, and numerous other community parks. He represented the Neighborhood Parks Council in connection with its merger, forming the San Francisco Parks Alliance, which he has continued to represent in improving San Francisco’s parks. In 2014, David represented Partners in Oakland Education in its partnership with BRIDGE Housing to develop a new charter school facility for Vincent Academy in West Oakland. David also represents the Truckee Donner Land Trust, which has protected more than 33,000 acres around Truckee Donner. David is currently representing the Bay Area Discovery Museum in connection with the expansion and rehabilitation of its facility in the Golden Gate National Recreation Area.

Education
David received his B.A. degree from Brown University in 2000 with a concentration in Political Science and his J.D. degree from Northwestern University School of Law in 2006. At Northwestern, he was an Editor of the Journal of Criminal Law and Criminology. That journal published his comment in 2006 on the ability of states to modify census data to correct the Census Bureau’s prisoner enumeration methods.


David Paulson's Jones Day practice centers around the representation of commercial lenders in intricate real estate finance transactions and the resolution of problem loans.  He has significant experience representing lenders with respect to construction, permanent, shared appreciation, and other secured and unsecured financings and in the participation and syndication of loans, particularly for hotel properties, golf resorts, and shopping malls.

David's areas of special focus include REIT finance; hospitality finance; homebuilder lines of credit; senior housing; note purchases and sales; and mezzanine, A/B, and other forms of subordinated financing.  Additionally, a significant portion of his time is spent working out troubled credits.

David helps coordinate Jones Day's Real Estate Finance practice and frequently presents seminars and trainings for financial institution clients on all aspects of real estate financing and workouts.


Denis F. Shanagher is a Senior Partner in the San Francisco office of Duane Morris LLP.  He has 38 years of experience in the Bay Area representing owners, developers, general contractors and real estate professionals on land use and related litigation matters (CEQA, entitlement, subdivision map act and administrative hearings), real estate and construction contracts and disputes, easements, complex construction defect, valuation issues, insurance coverage, professional negligence and general commercial disputes. He has been named to the Northern California list of Super Lawyers in real estate litigation for the past 12 years.

Mr. Shanagher is a 1981 graduate of the University of California, Hastings College of the Law, where he was a member of the Constitutional Law Quarterly, and a graduate, with distinction, of Stanford University in 1978 with a BA in Economics.


Gregg Dulik is a partner in the Construction Practice Group of Seyfarth Shaw LLP and is based in the firm’s San Francisco office. For over 30 years, Mr. Dulik has assisted owners, general contractors, subcontractors, architects and engineers in every phase of the public and private construction process, from initial project planning through final dispute resolution. He knows the construction industry well, and is a skilled advocate for his clients in mediation, arbitration and litigation. Mr. Dulik has extensive experience drafting and negotiating construction and design contract documents; handling bid protests and licensing issues; counseling clients during the course of construction in order to help them minimize project risks and maximum the potential for project success; and pursuing and defending claims of all types, including claims for delay and disruption, extra or defective work, incomplete or defective design, differing site conditions, terminations for default and convenience, lien and bond issues, and post-completion warranty issues. Over the years, Mr. Dulik has worked on a wide variety of projects, including power plants, refineries, manufacturing facilities, infrastructure improvements, commercial buildings, hospitals, hotels, dormitories, sports stadiums, parking structures, military installations, detention facilities, multi-unit housing developments and high-end private residences. Mr. Dulik is a member of the Legal Advisory Committee for the Associated General Contractors of California. He repeatedly has been recognized as one of the leading construction lawyers in Northern California through an annual peer-review process conducted by Super Lawyers magazine. Education J.D., Boston University School of Law (1986) B.A., University of California, Berkeley, with honors (1982) Phi Beta Kappa Admissions California Courts U.S. Court of Appeals for the Ninth Circuit


Jodi B. Fedor is a partner at the San Francisco firm of Shartsis Friese LLP and a member of the firm’s Real Estate Department.  She has a broad-based practice handling commercial real property transactions nationwide for developers, institutional and private owners of and investors in real property, technology companies, and other corporate users of commercial real estate.  Jodi was previously a partner with SSL Law Firm after more than ten years as a director/shareholder of Ellman Burke Hoffman & Johnson.  Prior to that, she was a Deputy City Attorney for the City and County of San Francisco, where she acted as primary counsel to the City’s Real Estate Department and PUC Bureau of Land Management.

Ms. Fedor has particular expertise in acquisitions and sales (office, industrial, residential and mixed use), leasing (office, industrial and retail, both landlord and tenant side), financing (primarily borrower side), and structuring and development.  In recent years she has represented several technology and consumer products companies in the acquisition and development of corporate campuses and major facilities sites, and currently serves as national real estate counsel to several of them, handling all real estate and facilities needs.

Ms. Fedor received a B.A. degree from Gustavus Adolphus College in 1985 and a J.D. from Northwestern University School of Law in 1988.  She is a member of the California State Bar Association; Real Property Law Section; an elected Fellow of the American College of Real Estate Lawyers; and an elected Member of Lambda Alpha International – Golden Gate Chapter.  Jodi was named a “Northern California Real Estate Woman of Influence” by San Francisco Business Times in 2017 and recognized as one of the “Top 50 Most Powerful Women in Bay Area Commercial Real Estate” by Bisnow Power Women in 2016.  She has been named a “Northern California Super Lawyer” in Real Estate every year since 2006.  Jodi was the President of Commercial Real Estate Women (CREW) San Francisco in 2017 and also served as a member of the board and chair of the CREW governance committee.


Jomari Peterson has significant experience in the Blockchain space as one of the founding members of the Quantum Resistant Ledger Blockchain. He helped to delivered a 10x return as the Co-founder for the Quantum Resistant Ledger, leading to a $100 Million+ Valuation. As a serial entrepreneur, academic and public speaker, Jomari Peterson brings vision, a strong understanding of the business landscape and an interdisciplinary technical background to the establishment of Gama Ventures. Jomari has a strong history in the development of systems and process improvement evidenced by his management of budgets over $18 million dollars and 80+ employees.  Jomari also facilitated and supported the raise of millions of dollars for social enterprises and non-profit activities at the Oasis Project. He is a PhD Candidate at Carnegie Mellon University in Engineering & Public Policy with a focus on risk assessment and system design. Prior to Carnegie Mellon, he received his B.S. and MBA in Strategy & Logistics from Howard University.


Mark S. McGranahan, an attorney and accountant, specializes in representing landlords and tenants with their real estate needs in downtown San Francisco and throughout the Bay Area as well as large landlord listing assignments.  Mr. McGranahan was Cushman & Wakefield’s top producer in San Francisco in 2002, 2003, 2006, 2007, 2008, 2009, 2011, 2013 and 2014 and ranked among the top 100 producers nationally in 2002 - 2018. 

Mr. McGranahan has worked as the exclusive real estate provider in multi-market transactions for QRS, Kilpatrick Townsend & Stockton, Broadcom, Delta Dental, and Keenan & Associates.  Mr. McGranahan’s 30 years of real estate practice results in more than eight million square feet of leases in San Francisco.

Mr. McGranahan has worked on strategic lease terms for large landlord assignments including Salesforce Tower, Flower Mart, 2 Kaiser, Pier 1, 333 Bush and others.

Prior to his association with Cushman & Wakefield and Cushman Realty Corporation, Mr. McGranahan was a staff attorney with the United States Securities and Exchange Commission, Division of Corporate Finance, in Washington, D.C.  Mr. McGranahan earned a Bachelor of Science degree in Accounting and a JD from the University of Southern California. Mr. McGranahan was formerly the President and on the Board of the East Bay Regional Park Foundation. He is a member of CoreNet, Fisher Center of Real Estate, USC Marshall Partners, and Claremont Country Club.  He is also on the Board at the Olympic Club and on the Board of the Americas and the Executive Committee of The Tenant Rep Group for Cushman & Wakefield.


Mark S. McGranahan, an attorney and accountant, specializes in representing landlords with their real estate needs in downtown San Francisco and throughout the Bay Area as well as large landlord listing assignments.  Mr. McGranahan was Cushman & Wakefield’s top producer in San Francisco in 2002, 2003, 2006, 2007, 2008, 2009, 2011, 2013 and 2014 and ranked among the top 100 producers nationally in 2002 - 2016. 

Mr. McGranahan has worked as the exclusive real estate provider in multi-market transactions for QRS, Kilpatrick Townsend & Stockton, Broadcom, Delta Dental, and Keenan & Associates.  Mr. McGranahan’s 28 years of real estate practice results in more than eight million square feet of leases in San Francisco.

Mr. McGranahan has worked on strategic lease terms for large landlord assignments including Salesforce Tower, Flower Mart, 2 Kaiser, Pier 1, 333 Bush and others.

Clients Served

  • Wells Fargo Bank, 1M+ sf – various leases in San Francisco, Oakland and Salt Lake City
  • Delta Dental, 750,000 sf – various locations nationally including San Francisco
  • Bank of America, 500,000 sf – San Francisco
  • Marsh & McLennan, 300,000 sf – San Francisco
  • O’Melveny & Myers, 250,000 sf – various San Francisco leases
  • Pacific Bell Internet, 235,000 sf – San Francisco/ Bishop Ranch, San Ramon
  • Union Bank of California, 136,000 sf – 475 Sansome Street
  • Howard Rice Nemerovski Canady & Falk, 125,000 sf – San Francisco
  • Farella Braun + Martell, 118,000 sf – San Francisco
  • Crosby, Heafey, Roach & May, 100,000 sf – Embarcadero Center
  • UBS, 100,000 sf – various San Francisco leases
  • Kilpatrick Townsend & Stockton, 90,000 sf – San Francisco including leases around the nation
  • Hanson Bridgett et al, 80,000 sf – 425 Market, San Francisco

Prior to his association with Cushman & Wakefield and Cushman Realty Corporation, Mr. McGranahan was a staff attorney with the United States Securities and Exchange Commission, Division of Corporate Finance, in Washington, D.C.  Mr. McGranahan earned a Bachelor of Science degree in Accounting and a JD from the University of Southern California. Mr. McGranahan was formerly the President of the East Bay Regional Park Foundation. He is a member of CoreNet, Fisher Center of Real Estate, USC Marshall Partners, the Olympic Club and Claremont Country Club.  He is also on the Board of the Americas and the Executive Committee of The Tenant Rep Group for Cushman & Wakefield.


Nicholas Targ is a San Francisco attorney with more than 20 years of experience assisting clients in the public and private sectors efficiently achieve their land use, environmental and policy goals. He co-chairs Holland & Knight’s national environmental team. Mr. Targ's practice focuses on complex redevelopment projects, environmental compliance and government advocacy. His representative work includes strategic legal advice on brownfields redevelopment, Superfund compliance, and state and federal grant and policy advocacy. Mr. Targ has successfully advocated for infill funding and policy initiatives on behalf of public, private and nonprofit coalition clients.

Before joining Holland & Knight, Mr. Targ served in leadership positions with the U.S. Environmental Protection Agency's Office of Enforcement and Compliance Assistance, including Counsel and Associate Director to the Office of Environmental Justice in Washington, D.C. In these capacities, he helped bring highly visible environmental permitting and compliance matters to successful resolutions. Mr. Targ also provided strategic advice on legislation, regulatory initiatives and public participation issues to congressional offices, the President's Council on Environmental Quality, as well as federal, state and tribal agencies. On a regular basis, he convened and addressed trade associations, government bodies and others.

Mr. Targ also served in the Solicitor's Office of the U.S. Department of the Interior (DOI), representing the Bureau of Reclamation and Bureau of Land Management on a wide range of natural resources and hazardous materials issues. While at the DOI, he helped establish the department's first alternative dispute resolution program and the department-wide hazardous materials office, provided legal and strategic counsel on environmental aspects of large-scale land transfers, and handled precedent cases. He joined the department through the Honors Attorney Program in 1993.

Committed to service, Mr. Targ co-founded the Howard University School of Law Environmental Law and Sustainability Program, and taught environmental law and environmental justice as an adjunct professor. Presently, he is an adjunct professor at UC Hastings School of Law teaching land use law.


Rick Mallory’s practice focuses on office, industrial and retail leases. He represents landlords and tenants in a broad range of leasing matters. In 1977, Rick was a founding Partner of the law firm of Allen Matkins Leck Gamble Mallory & Natsis, LLP, practicing with that firm until June of 2019. He is a frequent speaker at real estate industry seminars and conventions throughout the country and has published many articles on the subject of commercial leasing. In addition to being a Fellow of the American College of Real Estate Lawyers and a member of the honorary land use society of Lambda Alpha International, he currently serves on the advisory board of the Practicing Law Institute (PLI) and has been the San Francisco chair of the PLI annual Commercial Real Property Institute, for the last 21 years.

Since 1984, according to a survey of his peers, he has been listed in The Best Lawyers in America as a leading California real estate attorney. In a 2004 legal newspaper survey, Rick was named as one of the top six real estate attorneys in the San Francisco Bay Area. Since its initial publication, Rick has been listed in either the Northern California or the Southern California’s edition of Super Lawyers, and in 2006, 2009 and 2010 he landed on Super Lawyers‚ list of the Top 100 Northern California attorneys. In each edition of the Chambers & Partners USA Guide, he has been recognized for excellence as a California real estate attorney. 

B.S. in Finance and Real Estate from the University of Southern California, 1966; J.D., Stanford Law School in 1969


Robert S. Miller is a partner in Lubin Olson & Niewiadomski’s Business, Real Estate and Land Use Practice Groups in the firm’s Walnut Creek office.  His practice involves a range of real estate and development activities, with a skill set that addresses a wide variety of the issues that confront real estate developers, owners, and builders.  He represents entities in all aspects of their business operations, including real property acquisitions and dispositions, general corporate law, commercial leasing, general contract negotiation, employment issues, financing, project development and entitlement, regulatory compliance, litigation management, insurance and risk management, and general business counseling.  His primary focus is on getting complicated deals completed in a practical, timely, and efficient manner for his clients. 

Prior to joining Lubin Olson & Niewiadomski, Mr. Miller was General Counsel of Braddock & Logan Services, Inc., a diversified real estate holding and development company.  In that capacity, he represented the company and its affiliates in connection with their management and operation of residential, commercial, retail and care facility properties.  Mr. Miller also previously served as of counsel at Timken Johnson LLP in Walnut Creek, and as an associate at Stein & Lubin, Orrick, Herrington & Sutcliffe in San Francisco, and Tomotsune, Kimura & Mitomi in Tokyo, Japan.

Practice Areas

  • Business
  • Real Estate
  • Land Use

Education

  • Princeton University (A.B., Cum Laude, 1986)
  • Harvard Law School (J.D., Cum Laude, 1989)


Stephen P. Lieske is a partner in the San Francisco office of Allen Matkins Leck Gamble Mallory & Natsis LLP whose practice focuses on real estate finance and capital markets.  Steve is skilled in the full range of real estate financing and related transactions.

Steve represents national real estate lenders in all facets of real estate loans from the loan commitment phase through document negotiation and closing.  Steve’s clients include banks, life insurance companies, and conduit/securitization lenders.  Steve also represents borrowers in real estate financing transactions, including acquisition and refinancing, construction loans, and mezzanine financing.

Steve represents servicers of securitized loans and has extensive experience in all aspects of the servicing practice.  His servicing practice includes a wide array of issues with which loan servicers deal, including loan assumptions, loan modifications, and consent matters.

Steve has significant experience representing his lending clients in the enforcement of remedies.  This expertise includes experience with judicial and non-judicial foreclosure, receiverships, and deeds in lieu of foreclosure.

The expertise that Steve has acquired in representing lenders and servicers is also used when representing purchasers of defaulted loans.  Steve guides his clients through the loan acquisition process and the exercise of remedies.

Memberships

•           American College of Mortgage Attorneys, Fellow

•           Bay Area Mortgage Association

Education

Steve received his J.D. from Rutgers University School of Law - Camden in 1991, with honors, and his B.S. from the University of Wisconsin - Madison, in 1983.  Prior to attending law school, Steve served with the U.S. Army 


Steven Cvitanovic is a skilled litigator and Partner at Haight Brown and Bonesteel LLP with over twenty years of experience in the construction industry. He frequently speaks and writes on construction law topics and is an active member of the ABA Forum on Construction Law, the AGC of California, and the California Building Industry Association. Steve is an A-V rated attorney and is the Practice Group Leader for Haight's Construction Law and Real Estate Practice Groups. Steve has been involved in construction litigation or claims involving public facilities and infrastructure such as hospitals, airports, schools, railways, highways, and a multi-billion dollar government laser. 


Andrea Clay’s practice focuses on real estate lending. Andrea has closed in excess of 1,000 loans across the country spanning all loan product types, including construction, permanent, securitized and mezzanine lending. Andrea has experience financing all asset types, including hotels, multifamily units, condominium units, retail centers, office and industrial buildings, storage properties, data centers, and mobile home parks. Andrea understands the competitive nature of a client’s business and makes it her priority to close transactions efficiently and cost effectively to create a competitive advantage for the client.

Distinctions:

  • Selected for inclusion in Northern California "Super Lawyers" for Real Estate 2007, 2012-2018
  • Selected for inclusion in Real Estate Forum's "Women of Influence", 2008
  • Selected for inclusion in Daily Journal's "Top 20 Under 40", 2006
  • Law Clerk for the Honorable Thomas B. Donovan, Bankruptcy Court Ninth Circuit

Memberships

  • American Bar Association
  • Bar Association of San Francisco
  • State Bar of California

Key Matters

  • Represented a mortgage lender in connection with construction of a downtown high-rise commercial condominium consisting of an office condominium on the lower floors and hotel condominium on the upper floors. The $170,000,000 total construction costs were funded by the client's senior mortgage loan, a mezzanine loan funded by the EB-5 immigration program, and borrower equity
  • Represented a mezzanine lender in connection with construction of a 423 residential condominium high-rise in Hawaii
  • Represent several leading originators of commercial mortgage backed securities

Education:

  • B.A., University of California-Los Angeles, 1988
  • J.D., University of Southern California - Gould School of Law, 1993
  • MBA, University of Southern California, 1993


Mark is a business law adviser, expediter, strategist, and litigator who for over 35 years has handled complex client matters involving environmental contamination, due diligence, commercial leasing, sales, loans, guarantees, and receiverships, construction defects, accessibility claims, insurance claims, and the enforcement of private contracts and real property rights.  Mark has protected and recovered assets and advised regarding the legal rights of high net-worth owners of businesses and real estate assets, quality fast food chains, commercial building owners and lessees, banks, developers, manufacturers, contractors, realtors, wineries, insureds, and court-appointed receivers.

EDUCATION AND RATINGS

  • Martindale-Hubbell – AV Preeminent Rating (many years)
  • Super Lawyers Northern California (2004-2010, 2014-2019)
  • J.D., University of California, Hastings College of the Law (1981)
  • M.A., Economics, University of California, Davis (1978)
  • B.A., Economics, University of California, Davis (1976)

PUBLICATIONS

  • Chapter 33 co-author, “Defective Construction,” Miller & Starr, California Real Estate 4th
  • Chapter 41 co-author, “Receivers,” Miller & Starr, California Real Estate 4th

ASSOCIATIONS

  • California Lawyers Association – Member, Sections on Environmental Law, Litigation, and Real Property
  • Contra Costa County Bar Association – Member, Real Property Section
  • Rosie the Riveter Charitable Trust – Board of Directors Member (2012–2018)

SPEECHES & PRESENTATIONS (Partial List)

  • “Commercial and Real Estate Lending: How Banks Got Sued/How to Avoid Being Sued,” California Bankers Association, Dana Point, California, May 2014
  • "Receiverships with Environmental Issues," California Receivers Forum Loyola V, Irvine, California, January 2013 (Session Producer, Panel Moderator, and Speaker)
  • “Liability Issues in Condominium Conversions,” California State Bar 25th Annual Real Property Law Section Retreat, Huntington Beach, California, April 2006 (Panel Moderator and Speaker)