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W. Scott Biel
W. Scott Biel | Partner
Scott is nationally‐recognized as an expert on the legal aspects of structuring and negotiation commercial leases and the acquisition, financing and development of commercial real estate projects. He works with clients on the legal structuring of owner and tenant entities, project site selections and acquisition strategy, through development of the final project. His clients develop, own, and occupy office, medical, retail, industrial, entertainment and hospitality, and mixed‐use projects, with extensive experience in the unique aspects of research & development (R&D) and manufacturing facilities.
Scott has advised clients in leasing and finance of commercial facilities involving millions of square feet throughout the U.S., Canada and Mexico, and in the acquisition and development of regional headquarters, research campuses, and manufacturing facilities in China, India, Europe and Israel. Recent transactions have included tax‐incentive ground leases of state and municipal‐owned properties, private‐development projects on public lands, convertible capital leases, sale‐leasebacks and lease financings (conventional and synthetic structures).
Scott brings a long‐term perspective to drafting and negotiation legal documents to provide clients with legal protection of their capital investments, flexibility of their changing operational requirements, and utility in refinancing them as transactional “operating manuals” with clear provisions and processes for contractual compliance and notices. He works with asset managers, owners, and occupants of real estate assets, he is proactive in identifying opportunities to streamline portfolio investment and leasing activities and to achieve transactional efficiencies through standardized agreements for transactional advisors’ services, wider consistent standards for performance, and competitive rates across multiple markets.
- 1,200,000 square foot office, warehouse and distribution facility build‐to‐suit lease in Ontario,
California, for the world’s leading video and e‐commerce retailer, structured as an operating lease with tenant’s option to convert the operating lease to a capital lease after minimum capital gains holding period, and subsequent conversion to capital lease.
- 28 acres of land in San Diego ground leased to U.S. subsidiary of an Irish pharmaceutical company for development of a 450,000‐square foot regional headquarters, consisting of office, pharmaceutical R&D and manufacturing, with warehouse and distribution facilities.
- Over 6,000,000 square feet of build‐to‐suit corporate headquarters office and electronic R&D facilities under multiple leases on 225 acres of land in San Jose, California, involving a leading networking hardware company
- Represented the first developer of internet data centers in its acquisition, development and hosting agreements for multi‐tenant colocation services involving approx. 50 data center facilities in the U.S., Canada and Europe.
- Represented multiple owners and developers of semiconductor fabrication facilities and in related financing of capital equipment to semiconductor manufacturers in the U.S., Japan and Singapore.
- Representation of multiple public and private companies in acquisition and disposition of real estate assets in corporate merger and acquisitions, and spin‐offs of corporate subsidiaries.
- University of Pennsylvania Law School (JD)
- US Naval Academy (BS)
- San Diego Magazine’s Top Lawyers in San Diego® – Business & Construction, 2020 – 2022
- San Diego Business Journal’s SD500, Most Influential People in San Diego, 2020 – 2021
- San Diego Business Journal’s Leaders in Law Award Winner – Real Estate, 2021
- Martindale‐Hubbell AV Preeminent® Rated
- Selected for The Best Lawyers in America® ‐ Real Estate Law, 2013‐2020
- San Diego Magazine’s Top Lawyers in San Diego® –Corporate Facilities Development & Finance,
- Member of the California State Bar
- San Diego Super Lawyer (2013‐2018)
- Featured in San Diego Business Journal’s Book of Influential Business Leaders
- “Understanding Unwritten Lease Terms,” Commercial Property Executive, June 1, 2022
- “Beware of Hidden Issues in Commercial Leases: Part II,” Commercial Property Executive, November 3, 2021
- “The Case for Post-Pandemic Flexibility in Commercial Leases ,”Commercial Property Executive, May 5, 2021
- Co-Author, “Avoiding Surprise Tax Implications for Private Leasehold Interests,” Commercial Property Executive, July 17, 2019.