Overview

Scott's practice focuses on shopping center and other commercial development and leasing. He has comprehensive experience representing developers and property owners in all aspects of retail, office, mixed-use and industrial development, including the negotiation and drafting of leases, purchase and sale agreements, development and management agreements, reciprocal easement agreements, listing agreements and all other agreements related to the acquisition, construction, development and repositioning of commercial projects.

Scott has extensive experience representing both landlords and tenants in all types of retail, office, mixed-used and industrial lease transactions. As a result of his approximately 30 years of experience in the retail industry, Scott has negotiated leases (and, in most cases, multiple leases) with almost every national and regional retailer in the United States at every type of retail project, including neighborhood, grocery-anchored, entertain/lifestyle and power centers, and regional malls.

Scott has been named a California Super Lawyer every year since 2009.  He is a frequent lecturer and writer on the subjects of retail development and commercial leasing, and has spoken at numerous seminars, panels and conferences, including those sponsored by the International Conference of Shopping Centers (ICSC) and the California Continuing Education of the Bar (CEB).  Scott is frequently interviewed and quoted by the media on issues related to retail and commercial development.

Experience

  • Represented the developer in connection with the approximately $90 million acquisition of land aggregating approximately 62 acres in Mira Mesa, California, which was developed as a shopping center. Involvement also included representation in connection with acquisition of mitigation properties and negotiation and preparation of City reimbursement agreements relating to infrastructure improvements. Prior to (and following) closing, representation included negotiating leases and parcel sales for the shopping center on behalf of the landowner, including leases and sales with national and regional retailers such as The Home Depot, Edward's Cinema's, Albertson's, and Ross Dress For Less.

  • Represented a major Southern California retail developer in connection with the leasing of a major destination lifestyle center in the City of Los Angeles.

  • Represent a significant Southern California landowner and developer of major lifestyle and neighborhood shopping centers in Orange County, California. Representation has included negotiation of numerous major tenant leases, including 24 Hour Fitness, Chick's Sporting Goods, PGA Tour Superstore, and many lifestyle tenants.

  • Represented the owner of an enclosed regional mall in Southern California containing approximately 1.5 million square feet of floor area. During the time of such representation (approximately 10 years), negotiated all leases and similar transactions relating to this mall. Such representation involved negotiating leases with virtually every national and regional mall and entertainment/lifestyle center tenant.

  • Represented the owner/manager of an enclosed regional mall in Southern California containing approximately 1.2 million square feet of floor area. During the time of such representation, negotiated all leases and similar transactions relating to this mall.

  • Represented various developers in connection with major tenant leases and parcel sales (which included reciprocal easement agreements, site development agreements and other related ancillary agreements), including multiple transactions with national and regional discount and other department stores (such as Target, Wal-Mart, Kohl's, JC Penney, and Old Navy), supermarkets (such as Whole Foods, Safeway, and Von's), home improvement superstores (such as Home Depot and Lowe's), home furnishings stores (such as Bed, Bath & Beyond), physical fitness operators (such as 24 Hour Fitness and LA Fitness), sporting goods stores (such as The Sports Authority), and motion picture theatres (such as Regal and Lowe's).

  • Represented the purchaser of an assemblage of parcels aggregating approximately 22 acres in San Jose, California, which was developed as a shopping center. Prior to (and following) closing, representation included negotiating leases and parcel sales for the shopping center on behalf of the landowner, including leases and sales with national retailers such as Target, Lowe's, Bed, Bath & Beyond, Staples, Old Navy, Cost Plus, PetSmart, Marshalls, Michaels, and Office Depot.

  • Represented the purchaser of a regional mall in Whittier, California, which was redeveloped as an open air shopping center. Representation included negotiating of an Operation and Easement Agreement with Target, Sears, JC Penney, Mervyn's, and the developer and the negotiation of numerous leases with national and regional operators. Subsequently represented this client in connection with its disposition of the shopping center.

  • Represents a major Southern California luxury retail, hospitality and residential developer in connection with nearly all of its retail, office and commercial development transactions for several of the highest-profile projects in Southern California. This representation has been ongoing for over 20 years and includes negotiating leases with significant retailers, such as Amazon, Nike, Apple, Chanel, Erewhon and Coach.

  • Represented Gaw Capital Partners (Gaw Capital), a private equity fund management company, in the acquisition and financing of Columbia Center in Seattle, the Pacific Northwest’s tallest skyscraper, from Beacon Capital Partners for $711 million. The transaction is the third-largest real estate transaction in the region’s history.

  • Represents a prominent developer of luxury multi-family projects in its ground floor retail transactions throughout the United States.

  • Represents a major private REIT in connection with the acquisition, development and leasing of approximately 25-30 shopping centers in California, totaling over 15 million square feet. This representation has been ongoing for over 20 years and includes negotiating leases with major national tenants, such as Target, Wal Mart, Kohl's, and Home Depot, and preparing reciprocal easement agreements, development agreements and related ancillary agreements.

  • Represented the purchaser in the acquisition of an assemblage of parcels and subsequent development of 22 acres of land in San Jose, California, including negotiation of leases and parcel sales with national retailers such as Target, Lowe's, Bed, Bath & Beyond, Staples, Old Navy, Cost Plus, PetSmart, Marshalls, Michaels, and Office Depot.

  • Represented a significant Southern California developer of major lifestyle and neighborhood shopping centers in Orange County, California, including the negotiation of numerous major and lifestyle tenant leases.

  • Represented the purchaser of a regional mall in Whittier, California, which was redeveloped as an open-air shopping center. Representation included negotiating/re-negotiation of an Operation and Easement Agreement with Target, Sears, JC Penney, Mervyn's, and the developer and the negotiation of numerous leases with national and regional operators. Subsequently represented this client in connection with its disposition of the shopping center.

  • Represented the owner of an approximately 1.5 million square foot regional mall in Southern California . For over 10 years, this representation included negotiation of leases with virtually every national and regional mall and entertainment/lifestyle center retailer.

  • Represented the developer in connection with the $90 million acquisition of approximately 62 acres of undeveloped land in Mira Mesa, California, which was developed as a shopping center. Representation included the acquisition of mitigation properties, negotiation and preparation of City reimbursement agreements relating to infrastructure improvements and negotiation of leases and parcel sales with national and regional retailers such as The Home Depot, Edward's Cinema’s, Albertson’s and Ross Dress For Less.

  • Represented the owner/manager of an approximately 1.2 million square foot regional mall in Southern California in the negotiation of all leases and similar transactions relating to this project.

  • Represented various developers in connection with major tenant leases and parcel sales (which included reciprocal easement agreements, site development agreements and other related ancillary agreements), including multiple transactions with national and regional discount and other department stores (such as Target, Wal-Mart, Kohl's, JC Penney, and Old Navy), supermarkets (such as Whole Foods, Safeway, and Von's), home improvement superstores (such as Home Depot and Lowe's), home furnishings stores (such as Bed, Bath & Beyond), physical fitness operators (such as 24 Hour Fitness and LA Fitness), sporting goods stores (such as The Sports Authority), and motion picture theatres (such as Regal and Lowe's).

Insights

News

Speaking Engagements

Publications

Awards & Affiliations

Honors & Recognitions

Named a "Commercial Real Estate Visionary" by LA Times B2B, 2023

Best Lawyers, Real Estate Law, 2024

Selected as an “Influencer in Retail” in Globe Street Real Estate Forum, May 2020, as a member of the Retail and Commercial Development Team, the only law firm included as one of 15 national recipients

Southern California Super Lawyers, 2009-2023

Southern California Super Lawyers Rising Stars, 2005-2006

International Council of Shopping Centers (ICSC)

Member of the ICSC Law Conference Program Planning Committee

Member of Southern California Program Planning Committee

Chair (Private Sector) of Southern California State P3 (Public/Private), 2017-Present

Chair of Southern California State Government Relations, 2011-2017

Chair of Southern California State Alliance Program (Private Sector), 2007-2011

Member of Southern California Idea Exchange Program Planning Committee, 2011

Member of Southern California Program Committee (Local Programs), 2004-2007

Professional Affiliations

International Council of Shopping Centers (ICSC)

Member of the ICSC Law Conference Program Planning Committee

Member of Southern California Program Planning Committee

Chair (Private Sector) of Southern California State P3 (Public/Private), 2017-Present

Chair of Southern California State Government Relations, 2011-2017

Chair of Southern California State Alliance Program (Private Sector), 2007-2011

Member of Southern California Idea Exchange Program Planning Committee, 2011

Member of Southern California Program Committee (Local Programs), 2004-2007

Bar & Court Admissions

  • State Bar of CaliforniaU.S. District Court for the Central District of California

Education

J.D., University of Southern California, Gould School of Law, 1991, Order of the Coif

B.A., University of Michigan, 1988, with distinction

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