Successful Irish Americans in Business & the Professions
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Susan Fowler McNally Commercial Real Estate
Lawyer Santa Monica, CA
Susan Fowler McNally is a partner in Gilchrist & Rutter. Her practice focuses on commercial real estate and business transactions, particularly in acquisition and disposition, development, financing and leasing of commercial buildings, including negotiation and preparation of purchase and sale agreements; ground leases and easements; office and retail leases; consulting and management agreements; TV and film licensing for property access; heliport licensing; CC&Rs; tieback agreements; architectural and engineering agreements; construction contracts; and telecommunications access and service agreements. |
Ms. McNally is the author of " Letters of Credit in Lease Transactions, Part II: Drafting Tips ", Probate & Property , November/December, 2002 and " Letters of Credit in LeaseTransactions, Part I: Advantages to Landlord and Landlord's Lender ", Probate & Property , July/August, 2002; and "Why Standby Letters of Credit Reign Supreme as Credit Enhancements" and "Letters of Intent: The Good, the Bad, and the Ugly", Lease Negotiation Handbook (2003).
In addition to being quoted in many articles on real estate issues in the Wall Street Journal , American Bar Association Journal , Commercial Lease Law Insider , Real Estate Southern California and Lawyer's Weekly U.S.A., Ms. McNally's articles on various aspects of commercial leases, transactions and letters of credit have been widely published in professional journals and business publications. She is a sought-after speaker on her areas of expertise for professional groups, conferences and national conventions.
Ms. McNally's clients have included CommonWealth Partners; LDW Resort & Hotel Development, LLC; Maguire Properties; The Archon Group, L.P.; Thomas Development Partners; and the United California Realty Corp.
Ms. McNally earned her J.D. degree from the University of California, Los Angeles School of Law, where she participated in the UCLA Moot Court Honors Program. She graduated Phi Beta Kappa with a B.A. in Urban Planning/Sociology from the University of the Pacific, Raymond-Callison College, Stockton, California.
Representative Experience:
Negotiated and documented the construction agreements for CAA's new headquarters building in Century City, California. The Gensler-designed complex replaces the former ABC Center.
Negotiated, documented (for landlords) and reviewed (for tenants) numerous space leases and lease amendments in high-rise office projects, as well as in suburban office and retail projects, in California, Texas, Arizona, Wisconsin and Indiana, including leases with Fortune 500 companies, national law firms, national healthcare providers, restaurants and multi-state retail chains.
Negotiated and documented development and construction agreements, including architectural and engineering agreements, consultant contracts, project management and contractor agreements with respect to high-rise and low-rise mixed-use projects, resort hotels and time shares.
Negotiated financing for real estate projects, including revolving credit-based loans, construction loans and rate swap agreements.
Negotiated and prepared purchase and sale agreements, and documented tax-deferred, like-kind exchanges.
Negotiated and documented owner participation agreement with the Community Development Commission with respect to a large office, hotel and retail complex in Pasadena, California.
Negotiated and documented strategic alliance, joint venture, license and employment agreements for emerging growth company.
Honors and Awards: AV Rated, Martindale-Hubbell, www.martindale.com
Super Lawyer in Real Estate Law, Southern California Super Lawyers; selected by Law & Politics Media, Inc.; www.SuperLawyers.com (2008, 2007, 2006)
"Most Influential Women in Real Estate", Real Estate Southern California (2007, 2006, 2004, 2003, 2001, 2000)
Excellence in Writing Award from Probate & Property for "Letters of Credit in Lease Transactions, Part I and Part II" (2002)
Appointment to Board of Advisors of the Commercial Lease Law Insider
Continental Who's Who
Continental Who's Who Registry of National Business Leaders
Continental Who's Who of American Women
Who's Who Worldwide
Madison's Who's Who among Executives and Professionals
International Directory of Distinguished Leadership
Who's Who of Emerging Leaders in America
International Leaders in Achievement
Who's Who in American Law
Who's Who in California
Notable American Women
Who's Who Among Rising Young Americans
5000 Personalities of the World
Who's Who of Contemporary Achievement
Who's Who of Business Leaders
International Leaders in Achievement
America's Registry of Outstanding Professionals
Bar Admissions: California, 1981 U.S. Court of Appeals 9th Circuit, 1982 U.S. District Court Central District of California, 1982
Professional Associations and Memberships: American Bar Association Member; 1982-Present
American Bar Association Member, Real Property, Probate & Trust Sections; 1982-Present
American Bar Association Member, Group K Committee (Commercial Leasing); 1982-Present
American Bar Association, Vice-Chair Subcommittee on Industrial Leases; 2002-2004
American Bar Association, Vice-Chair Subcommittee on Commercial Leasing Emerging Issues; 1998-2002
American Bar Association, Chairperson Subcommittee on Use and Exclusivity Clauses; 1992-1993
American Bar Association Member, Business Law & Forum on Construction Industry; 1986-Present
Building Owners & Managers Association Member; 1996-Present
California Bar Association Member, Real Property and Business Law Sections; 1982-Present
Commercial Real Estate Women-Los Angeles Member; 1992-Present
Commercial Real Estate Women-Los Angeles General Counsel; 2006, 2000
Commercial Real Estate Women-Los Angeles Director; 2006, 2000
Commercial Real Estate Women-Los Angeles Member, Convention 2000 Planning Committee; 1999-2000
Commercial Real Estate Women-Los Angeles Co-Chair, Resources & Volunteers Committee; 1999-2000
Commercial Real Estate Women-Los Angeles Chairperson, Membership Committee; 1993, 1994
Los Angeles County Bar Association Member; 1982-1999, 2002-Present
Irish American Bar Association Member; 1986-Present
American Youth Soccer Organization (AYSO), Region 19 Co-Commissioner B-U6; 1999
Church Council - Westchester United Methodist Church, 2007 Chairperson
Staff, Parish Relations Committee -- Westchester United Methodist Church Vice-Chair & Secretary; 1998-2000
Classes/Seminars Taught: Speaker, "What Really Matters: Selected Commercial Lease Provisions", 25th Annual Real Property Retreat sponsored by the Real Property Law Section of the State Bar of California, Huntington Beach, Califorinia, April 30, 2006
Speaker, "Women in Real Estate Night", UCLA Undergraduate Real Estate Association and Anderson Real Estate Association, Los Angeles, California, March 6, 2006
Speaker, "What's Hot and What's Not in Office Leases", CREW-California Regional Conference, Newport Beach, California, April 8, 2005
Speaker, "Film Permitting Issues for Movie Shoots", CREW- Los Angeles Legal Forum, Los Angeles, California, February 15, 2005
Adjunct Professor, "Commercial Lease Negotiation", University of Southern California Law School, Los Angeles, California, November 29, 2004
Speaker, "If Disaster Strikes...How Ready Are You?", Southern California Real Estate Conference, IREM OC, Anaheim, California, June 11, 2004
Speaker, "Real Estate Purchase and Sale Transactions How to do them Right", Sterling Education Services, Santa Monica, California, April 28, 2004 - Present
Speaker, "Disaster Proofing Your Lease", International Association of Attorneys and Executives in Corporate Real Estate (AECRE), Scottsdale, Arizona, April 19, 2002 - April 20, 2002
Speaker, "How to Structure Leases to Minimize the Risk of Tenant Bankruptcy", Building Owners and Managers Association (BOMA), Queen Mary, Long Beach, California, April 9, 2002
Speaker, "How to Structure a Lease to Protect Against the Risk of Bankruptcy of the Tenant", American Bar Association Convention, Chicago, Illinois, August 6, 2001
Speaker, "Structuring Leases to Protect Against Tenant Bankruptcy", CREW-Los Angeles, Park Hyatt Hotel, Los Angeles, California, May 8, 2001, Bailes & Associates, Los Angeles, California, December 6, 2001, CREW-Los Angeles, Olympic Collection, Los Angeles, California, May 14, 2002
Speaker, "Top 10 Issues in Work Letters", Crocker Symposium, Los Angeles, California, April 27, 2001
Speaker, "Technology in Leases: The Brave New World", American Bar Association Section of Real Property, Probate and Trust Law, Spring CLE Meeting, Miami Beach, Florida, March 24, 2000
Speaker, "Navigating the FDCPA Minefield in Preparing Three-Day Notices", Orange County Bar Association, Newport Beach, California, October 26, 1999
Speaker, "Leasing Issues", CREW-Los Angeles Meeting, Regency Club, Los Angeles, California, August 10, 1999
Speaker, "Y2K Issues", Gilchrist & Rutter Forum, Regency Club, Los Angeles, California, May 5, 1999
Speaker, "From Titanic to El Nino - How to Protect Yourself from the Next Disaster", Annual NNCREW Convention, San Diego, California, October 8, 1998
Speaker, "From the Titanic to Northridge: Insurance Clauses - How to Negotiate Them and How to Litigate Them When Disasters Strike", Beverly Hills Bar Association, Los Angeles, California, April 29, 1998
Speaker, "Judicial Decisions that Defy Common Sense", Annual Convention, American Bar Association, San Francisco, California, August 5, 1997
Speaker, "Why Is This (Industrial) Lease Different From All Others?", Spring CLE Meeting, American Bar Association, Section of Real Property, Probate and Trust Law, Washington, DC, May 16, 1997
Speaker, "Covenants, Contingencies and Disclosures", CCIM, Los Angeles Chapter, Los Angeles, California, January 21, 1997
Speaker, "Real Estate Sales - Saving the Deal", The Rutter Group Seminar, Los Angeles, California, June 13, 1996
Speaker, "Letters of Intent: Why Enter Into Them?", CREW-Los Angeles Meeting, Los Angeles, CA, June 11, 1996, CCIM, Los Angeles Chapter, Los Angeles, CA, August 20, 1996, Real Estate Division of Northern Trust Bank, Los Angeles, CA, February 5, 1997 and CREW-Los Angeles Meeting, Los Angeles, California, May 13, 1997 - Present
Speaker, "Negotiating Letters of Intent to Lease", Spring CLE Meeting, American Bar Association, Section of Real Property, Probate and Trust Law, San Diego, California, May 16, 1996
Speaker, "Real Estate Development and Management Issues Facing the Entertainment Industry", NNCREW Regional Conference, Santa Monica, California, February 3, 1995
Speaker, "Enforceability of Use and Exclusivity Clauses", American Bar Association Annual Convention, New Orleans, Louisiana, August 9, 1994
Speaker, "The Tenant Work Letter and the Games People Play", CB Commercial Real Estate Group, Los Angeles, California, November 23, 1993
Speaker, "Issues Near and Dear to the Hearts of Brokers and Their Clients", Bailes & Associates, Los Angeles, California, December 8, 1992
Speaker, "Managing Risks in the 90's", Risk Management and Employee Conference, Anaheim, California, March 31, 1992
Pro Bono Activities: Urban Recovery Los Angeles, 1992 Westchester United Methodist Church - Assisted in negotiating and documenting telecommunications site license agreements, 2008 Published Works: "Use Work Letter Agreements to Ensure Renovations Run Smoothly" , Commercial Lease Law Insider, November 2007
"Pass Through Your Building's Insurance Deductibles - But Set Limits" , Commercial Lease Law Insider, November 2007
"Ignoring Disaster Preparedness Akin to Gambling" , California Executive, September, 2007
"Put Together a Comprehensive Disaster Response Plan Now" , California Executive, September, 2007
"Don't Let Tenant's Rent Abatement Apply to Additional TIA" , Commercial Lease Law Insider, November 2006
"Negotiate Building Services Up-front to Avoid Potential Overcharges, Disputes" , Commercial Tenant's Lease Insider, October 2006
"Negotiating Costs You Can PassThrough to Tenants After Disasters" , Commercial Lease Law Insider, September 2006
"Follow Five Tips to Make Your Center's Emergency/Disaster Plan More Effective" , Shopping Center Management Insider, September 2006
"Passing Through Your Building's Insurance Deductibles - But Set Limits" , Commercial Lease Law Insider, July 2006
"Predispute Jury Trial Waivers in Leases Now Unenforceable in California", The Commercial Lease Law Insider, Novemver 2005 , Shopping Center Management Insider, February 2006, and Professional Office Building Management, March 2006
"How to Cut Risks When Letting Production Company Film at Your Center" , Shopping Center Management Insider, February 2006
"Get Protections When Filling Space with Short-Term Charity Tenant" , Commercial Lease Law Insider, August 2005
"The Process Begins - Tying Up the Property" , Real Estate Purshase and Sale Transactions - How to Do Them Right!, April 28, 2004
"Letters of Credit in Lease Transactions: Drafting Tips" , 2004 Annual Survey of Letter of Credit Law & Practice, Inst. of International Banking Law & Practice, Inc.
"Why Standby Letters of Credit Reign Supreme as Credit Enhancements" and "Letters of Intent: The Good, the Bad, and the Ugly" , Lease Negotiation Handbook, 2003
"Starring Your Building" , Commercial Investment Real Estate Journal, July/August 2003
"Letters of Credit in Lease Transactions: Advantages and Drafting Tips, Part II: Drafting Tips" , Probate & Property, November/December 2002
"Letters of Credit in LeaseTransactions, Part I: Advantages to Landlord and Landlord's Lender" , Probate & Property, July/August 2002
"The Subtleties of Sublease Deals" , Real Estate Southern California, October 2002
"Don't Require Named Person's Signature to Draw on Letter of Credit" , Commercial Lease Law Insider, July, 2002
"How to Structure a Lease to Protect Against the Risk of a Bankruptcy of the Tenant" , 2002 Annual Survey of Letter of Credit Law & Practice, Inst. of International Banking Law & Practice, Inc. and Real Estate Issues, Fall 2001
"Bankruptcy Protection - Unlike Cash Deposits, Letters of Credit Pay Off Even If a Tenant Files For Chapter 11" , California Real Estate Journal, March 18, 2002
"Disaster-Proofing Commercial Leases" , Shopping Center Business, January 2001
"The Impact of the Federal Debt Collection Practices Act on Landlord-Tenant Practice" , California Real Property Journal, June 1999
"Plan Ahead for Disasters When Signing Commercial Leases" , Florida Real Estate Journal, December 16-31, 1998
"Plan for Disasters in Commercial Leases" , NNCREW Connection, Winter 1998
"Letters of Intent: Why Enter Into Them?" , AECRE Corporate Real Estate and the Law Newsletter, Summer 1998
"Letters of Intent-Manage the Risks to Maximize the Potential of These Documents" , Commercial Investment Real Estate Journal, July/August 1997
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