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Partner
Susan Fowler McNally is a partner with Gilchrist & Rutter PC and a member of the firm's Real Estate and Sustainability practice groups. Her practice focuses primarily on real estate transactions, including purchases and sales, office, retail and industrial leasing, secured and unsecured financings, insurance, telecommunications licenses, TV and movie access licenses, asset management contracts, and construction, design professional and consultant contracts, as well as sustainable and green issues in design, construction, leasing and asset management contracts.
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 Lease Transactions, 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 spearheaded a partnership between the Los Angeles Chapter of Commercial Real Estate Women-Los Angeles (CREW-LA) and the Richard S. Ziman Center for Real Estate at UCLA to raise $100,000 for the CREW-LA/Chris Adams Scholarship Endowment Fund which will award fellowships to UCLA graduate students pursuing careers in commercial real estate.
Ms. McNally's clients have included Century National Properties, Inc.; CommonWealth Partners; LDW Resort & Hotel Development, LLC; Maguire Investments; The Archon Group, L.P.; Thomas Properties Group; 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 design and construction contracts for 1,470,000 square foot mixed-use development above the Universal Metro red line subway station.
Negotiated and documented sale-leaseback of campus on 2.97 acres in the heart of Hollywood, California.
Negotiated and documented the construction agreements for CAA's headquarters building in Century City, California. The Gensler-designed complex replaced 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, Pennsylvania 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 timeshares.
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.
Articles & Publications
"The Commercial Lease Formbook: Expert Tools for Drafting and Negotiation, Second Edition" (Contributor), American Bar Association, Real Property Section, August 2010
"Securing Lease Obligations - Lease Guaranties, Letters of Credit and Other Credit Enhancements" , ICSC 2008 U.S. Shopping Center Law Conference Materials, October, 2008
"Get Guaranty When Renting Space to Limited Liability Entity" , Commercial Lease Law Insider, July, 2008
"Leasing to Federal Agencies: Is the Red Tape Worth the Greenbacks?" , Commercial Lease Law Insider, June, 2008
"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
"Limit Tenants' Special Rights", Commercial Lease Law Insider, September, 2007
"Protect Yourself When Temporarily Filling Retail Space with Nonprofits", Commercial Lease Law Insider, September, 2007
"Ignoring Disaster Preparedness Akin to Gambling", California Executive, September, 2007
"Set Reasonable Charge For After - Hours HVAC Service" , Commercial Lease Law Insider, February, 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
"Follow Five Tips to Make Your Center's Emergency/Disaster Plan More Effective" , Shopping Center Management Insider, September, 2006
"Predispute Jury Trial Waivers in Leases Now Unenforceable in California" , The Commercial Lease Law Insider, November 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
"If Disaster Strikes How Ready Are You?" , Southern California Real Estate Conference Materials, June 11, 2004
"The Process Begins - Tying Up the Property", Real Estate Purchase and Sale Transactions - How to Do Them Right!, April 28, 2004
"Letters of Credit in Lease Transactions: Drafting Tips" , Annual Survey of Letter of Credit Law & Practice, Inst. of International Banking Law & Practice Inc., 2004
"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 Lease Transactions, 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
"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
"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
"How to Reduce Impact of Tenant Bankruptcies" , Commercial Lease Law Insider, May, 2001
"Insider Checklist: How to Cut Risks When Renting to Movie or TV Studio" , Commercial Lease Law Insider, April, 2001
"Disaster-Proofing Commercial Leases", Shopping Center Business, January, 2001
"Protect Yourself If Your E-Commerce Tenant Goes Bankrupt" , Commercial Lease Law Insider, September, 2000
- Honors and Awards:
- AV Rated, Martindale-Hubbell, www.martindale.com
- "The Best Lawyers in America" The Los Angeles Tiimes and U.S. News & World Report (2009)
- "Who's Who in L.A. Law - L.A.'s Top 100 Lawyers" Los Angeles Business Journal 2009
- "Women at the Top", Crew-LA 2009
- Super Lawyer in Real Estate Law, Southern California Super Lawyers; selected by Law & Politics Media, Inc.; www.SuperLawyers.com (2010, 2009, 2008, 2007, 2006)
- "Most Influential Women in Real Estate", Real Estate Southern California (2009, 2008, 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 CREW-LA Advisory Board 2009
- Appointment to Board of Advisors of the Commercial Lease Law Insider
- Cambridge Who's Who Registry Among Executives and Professionals 2009/2010
- 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
- North American Directory of Who's Who and International Leaders in Achievement
- 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
- American Biographical Institute's 2008 Women of the Year in Business
- 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, "Go Lean to Make Green" Santa Monica, California, November 12, 2009
- Speaker, "Managing Troubled Real Estate Assets - An Insider's view of Today's Market", ULI Young Leader's Group, Los Angeles, California, February 19, 2009
- Speaker, "Anatomy of a Mega Deal, Metro Studio at Lankershim", CREW Los Angeles, Los Angeles, California, February 10, 2009, and Arthur J. Gallagher & Co. Real Estate and Hospitality Services, Glendale, California, August 27, 2008
- Speaker, "Securing Lease Obligations - Lease Guarantees, Letters of Credit and Credit Enhancements", ICSC 2008 U.S. Shopping Center Law Conference, Hollywood, Florida, October 24, 2008
- 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
- 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 and property management agreements, 2008 - 2009
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