Myers, Daniel B.

Daniel B. Myers
Attorney

t: 510.834.6600
f: 510.834.1928
dmyers@wendel.com

Education

Santa Clara University, School of Law; J.D., summa cum laude

University of California, Berkeley; B.A., with distinction, Political Science

Admissions

State Bar of California

  • Profile
  • PRACTICE HIGHLIGHTS
  • AFFILIATIONS
  • INSIGHTS

Dan leads Wendel Rosen’s real estate practice group and is also a partner in the firm’s land use group. He provides strategic counsel to clients on real estate transactions and guidance on optimizing real estate holdings.  He also assists clients with land use approvals and permitting matters. A skilled negotiator and dealmaker, he regularly writes and speaks on real estate topics. His clients include developers, commercial landlords and tenants, retail and service companies, governmental entities, small businesses, and individuals. Dan also advises clients on advertising and promotional matters.

Real Estate

With more than 20 years of experience, Dan represents real estate clients in all aspects of real property transactions. He negotiates and prepares transactional documents, including purchase and sale agreements, leases, and financing documents, assists clients in negotiating and resolving disputes, and counsels clients on land use and due diligence issues. He has experience representing clients on green leases and drafting green lease provisions. Dan also advises clients on the most effective strategies for disposal of surplus real property.

Land Use

Experienced in diverse areas of land use law, Dan works with clients to obtain land use approvals and conducts due diligence reviews for real estate and corporate transactions. He has represented clients before federal, state, and local agencies in land use, wetlands, air, water and hazardous waste/substances permitting matters.

Advertising, Sweepstakes and Promotions

Dan counsels companies regarding advertising and promotional matters, including in the fitness, food, entertainment, and retail industries. He reviews online, social media, electronic, print, radio, and television advertisements and promotions and contests/sweepstakes materials and advises on compliance with state and federal advertising, pricing, disclosure and substantiation laws and regulations.

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.

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

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

Niles (Fremont) Rotary

  • Rotary Foundation Committee Co-chair, 2005  –  2013

Alameda County Bar Association

  • Real Estate Section, member

ProVisors

  • Oakland 1: Executive Committee
  • Real Estate Affinity Group (BAREL): Executive Committee

International Council of Shopping Centers

Real Property Law Section, State Bar of California

  • Executive Committee, 2013 – 2016
  • Co-Vice Chair, 2015 – 2016
Featured Writing

Dan is a frequent contributor to real estate law treatises, including:

  • 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 – 2016
  • 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 – 2016
  • “Action Guide – Handling Real Property Sales Transactions,” California Continuing Education of the Bar, update, 2007, 2009, 2011, 2012, 2015

 

Publications

Hot Tips for a Tenant to Green its Space

Hot Tips for a Tenant to Green its Space

10/15/2015 | Oakland Business Review

by C. Gregg Ankenman and Daniel B. Myers Companies of all shapes and sizes ranging from office and commercial tenants to those in the retail sector continue to look for…

More
11 Ways to Avoid Advertising Missteps

11 Ways to Avoid Advertising Missteps

08/29/2014 | JD Supra Business Advisor

[NOTE: This article was originally published on the IP Legal Forum Blog.]   Although advertisements are everywhere, many companies are not aware of the numerous state and federal laws and…

More
The Changes Ahead for Commercial Real Estate

The Changes Ahead for Commercial Real Estate

08/13/2014 | San Francisco Daily Journal

On August 13, 2014, real estate attorneys Daniel Myers and Gregg Ankenman's article appear in the Daily Journal. The article discusses several of the trends influencing the commercial real estate…

More

Events

CRE Legal Update

CRE Legal Update

09/10/2019 | CCIM Institute - Northern California

Join Wendel Rosen real estate attorneys Al Flor, Jr. and Daniel Myers who will present “CRE Legal Update,” on Tuesday, September 10, 2019. The presenters will discuss the emerging issues…

More
Date Category Host Title

Education

Santa Clara University, School of Law; J.D., summa cum laude

University of California, Berkeley; B.A., with distinction, Political Science

Admissions

State Bar of California