Biography

Ken’s practice focuses on private equity, real estate and land development transactions. He counsels clients on joint venture, entity formation, acquisition, disposition, leasing, financing and land use matters. Ken divides his time between the firm’s San Francisco and Los Angeles offices.

Ken’s representative engagements include:

Private Equity and Debt Transactions

Ken counsels insurance companies, private equity and real estate investors in joint venture, limited liability company and partnership formation, structuring, and equity participation. His advice has included asset and entity due diligence, acquisition/disposition of real estate assets and equity interests, and structuring of development transactions to allocate development costs, returns and risks. Ken has also counseled clients in real estate secured loan transactions, including acquisition, development, permanent, bridge, mixed-collateral and mezzanine loans.

Development and Entitlement

Ken has developed a strategic understanding of the development of master planned communities. He has worked on large scale development projects in Alameda, Los Angeles, Monterey, Placer, San Diego, San Benito and Santa Clara counties. Ken has handled projects involving thousands to tens of thousands of residential units and millions of square feet of commercial space. He has assisted the developers of mixed use planned communities along the full life cycle of their development, from initial acquisition, land use entitlement and construction to the sale of lands to merchant home builders and retail and commercial developers. He advises clients through the California Environmental Quality Act (CEQA) process and negotiates development agreements that balance the needs of public entities with reasonable solutions that encourage private investment. Ken uses his knowledge of environmental and land use planning laws to counsel clients on entitlement strategies, including general plan amendments, specific plans, zoning amendments and subdivision map processing. Ken has also assisted clients in compliance with green building laws and regulations, including the mandatory and optional provisions of California’s green building law, CalGreen.

Ken has also counseled clients in the construction and operation of community amenities, such as golf courses, recreation centers and private parks. He assists clients in structuring entities and agreements to manage construction risks and defect claims through traditional insurance models, owner-controlled insurance programs (OCIPs) and various self-insurance programs. Ken has also implemented telecommunications and technology co-marketing arrangements and has assisted developers of master planned communities in managing their trademarks and good will.

Public Finance Tools

Ken has implemented programs that have been instrumental in the public and private financing of infrastructure in a new mixed-use community, including road, potable and reclaimed water systems and other utilities, and has negotiated the financing and provision of schools and affordable housing. He has structured development transactions with the full range of public finance tools, including impact fees, community facilities districts, county service areas, community services districts, business improvement districts, geologic hazard abatement districts, and similar special taxing districts.

Commercial Leasing

Ken has represented landlords and tenants in office, industrial, retail, sports facility and other commercial leasing. He has represented clients in the professional services, biotechnology, software, hospitality, restaurant, and apartment industries, including leases for corporate headquarters. His experience includes the negotiation and drafting of letters of intent, leases, subleases, licenses, tenant improvement agreements, recognition agreements, and subordination, non-disturbance and attornment agreements. His leasing experience includes long-term ground leases for hotels on Port District property and nationally recognized theme parks on pueblo lands managed by local governments. He has also negotiated and drafted leases for a professional sports stadium and parking agreements for parking lots and structures supporting professional sports stadium.

Hotels and Resorts

Ken advises both public and private owners and managers of hotel properties. His experience includes acquisition and disposition of hotel properties in one-off and multistate portfolio transactions, including reverse 1031 exchanges. He has negotiated the ground leasing of hospitality and resort properties on state tidelands, as well as on pueblo lands held by the City of San Diego. He has counseled clients on hospitality construction and rehabilitation projects, property and transient occupancy tax matters, environmental matters, alcoholic beverage licensing, restaurant leasing, parking and service contracts, and hotel management agreements.

Before Fox Rothschild

Ken was lead articles editor for the San Diego Law Review. He was also a former managing editor for the University of California at Los Angeles’ Daily Bruin. He worked as press secretary for a California State Senate candidate in West Los Angeles after graduation from UCLA. Prior to joining Fox Rothschild, Ken was a partner at a multinational law firm.

Honors & Awards

  • Named to the Los Angeles Business Journal's "Who's Who in L.A. Law: Angelenos to Know in Real Estate Law” (2013)
  • Wiley W. Manual Award for Pro Bono Legal Services, Legal Aid of Marin (2012)
  • Named to The Legal 500 USA in the area of Real Estate & Construction and Real Estate (2011)
  • Pack Committee Chair and Den Leader, Pack 43, Marin Council of the Boy Scouts of America