Daniel B. MyersAttorney

Wendel Rosen Black & Dean LLP 1111 Broadway, 24th FloorOakland, CA 94607
TEL:
510.834.6600
FAX:
510.808.4678
VCARD:
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Profile

Dan is practice group leader for the firm's Real Estate Practice and is a partner in the firm's land use group. He represents real estate clients in all aspects of real property transactions, including lease, purchase and sale, financing and title matters.  He also drafts and negotiates green lease provisions and advises clients on green leases.  He works with clients to obtain land use approvals and conducts due diligence reviews.  He also advises clients on environmental issues raised by their transactions.  Dan counsels developers on issues related to wetlands, CEQA and NEPA and has represented clients before federal, state, and local agencies in land use, wetlands, hazardous waste/substances, air and water permitting matters.

Dan's clients include developers; retail, fitness and food companies; restaurants; commercial landlords and tenants; governmental entities; small businesses and individuals.

In addition to Dan's real estate work, he also counsels companies regarding their advertising and promotional matters, including companies in the fitness, food entertainment and retail industries.  For these clients, his work includes review of print, internet, social media, radio and television commercials, promotions and contests/sweepstakes.

Experience

Real Estate

  • Represented world's largest privately owned health and fitness center chain in lease transactions throughout California.

  • Represented regional hardware and garden company in leases for new locations and assisted the company in renegotiating leases during bankruptcy proceedings.

  • Represented national pet food and food manufacturing company in office and industrial lease transactions across the country. Also represented company in the sale of industrial, warehouse and manufacturing facilities – some purchasers continued to use facilities for existing uses while others redeveloped the properties for residential, commercial/retail and industrial projects.

  • Represented craft-brewer in negotiating lease for 90,000 square foot building containing a brewery, restaurant and offices.

  • Represented regional water company in evaluation, entitlement/disposition strategy and negotiation for sale of surplus properties throughout the Bay Area, including the sale of surplus properties in Pleasanton for over $100 million and surplus properties in South San Francisco for over $21 million.

  • Represented landowners in sales of vacant land to homebuilders for development. Representation included monitoring of entitlement process for development projects.

  • Represented a wide spectrum of retailers in leasing transactions in shopping centers, power centers, strip malls and stand-alone locations in California.

  • Negotiated leases for restaurant owners throughout the Bay Area.

  • Negotiated leases for operators leasing commercial kitchens in the East Bay.

  • Represented developer in negotiating complex construction, loan, intercreditor and lease agreements for acquisition, financing, construction and leasing of the $72 million mixed-use Fillmore Heritage Center (Center included jazz museum, condominiums, restaurants and parking).

 

Advertising

  • Compliance review for all print, web, radio, TV and other advertising and marketing materials. Monitor corporate marketing practices for compliance with pricing, substantiation and advertising requirements.

  • Assist companies with design and implementation of sweepstakes and promotional activities.

  • Part of Wendel team representing third party certifier in civil inquiry, request for production of documents and investigation by Federal Trade Commission concerning certification under the FTC’s Green Guides. Obtained dismissal of matter whereby FTC terminated inquiry and issued closing letter to client without requiring any remedial actions or mitigation measures from client.

  • Represented frame retailer in investigation and complaint by Marin County District Attorneys’ Office regarding pricing substantiation. Matter settled favorably for client.

Publications

  • Office Leasing: Drafting and Negotiating the Lease, California Continuing Education of the Bar, "Chapter 45: Electric Utility Deregulation," update, co-author, 2003, 2004, 2005, 2008; “Chapter 45: Green Leasing,” co-author, 2009 - 2014
  • Retail Leasing: Drafting and Negotiating the Lease, California Continuing Education of the Bar, "Chapters 22 (Signage), 41 (Estoppel Certificates) and 44 (Subordination, Nondisturbance, and Attornment)," 2007 - 2014
  • "Action Guide – Handling Real Property Sales Transactions," California Continuing Education of the Bar, update, 2007, 2009, 2011, 2012


Available Articles:

Affiliations

Niles (Fremont) Rotary
  • Rotary Foundation Committee Co-chair, 2005 - 2013

Alameda County Bar Association
  • Real Estate Section, member

The Registry (Bay Area Real Estate Journal)
  • Member, Editorial Board, 2008 - 2011

ProVisors-Oakland 1
  • East Bay Executive Committee

International Council of Shopping Centers

Real Property Law Section, State Bar of California
  • Executive Committee, 2013 - current
  • Co-chair, Commercial Leasing Subsection

Presentations

  • “Green Leasing – Unlocking the Challenges of the Green Lease for a Sustainable Future,” panelist,UnConference, Living Future 2013, Seattle, WA May 17, 2013
  • "Drafting and Negotiating Offices Leases in an Ever-Changing Market," moderator, California Continuing Education of the Bar, January 26, 2013
  • "Ethical Conundrums in Real Estate Transactions," panelist, California State Bar, Real Property Law Section Webinar, August 7, 2012
  • "The Sky Is Falling: Indemnity and Casualty Issues in Real Estate Transactions," panelist, California State Bar, Real Property Law Section Retreat, May 4, 2012
  • "Insurance, Protecting Against Loss & Allocating Risk," panelist, National Retail Tenants Association, Annual Conference, September 12, 2011
  • "Green Leasing: The Next Steps," panelist, California State Bar, Real Property Law Section Retreat, May 1, 2011
  • "Green Leasing: The Real Deal," panelist, California State Bar, Real Property Law Section Retreat, May 1, 2010
  • "Green Leasing 101," San Francisco Real Estate Roundtable, March 11, 2010
  • "Basic Commercial Leasing in California," panelist, Lorman Education Services, Oakland, 2007
  • "Key Legal Issues in Advertising," Guest Lecturer, San Jose State University, California State University, East Bay and Santa Clara University, 2005-2013

 

Featured Presentations: