Phillip counsels clients on all areas of commercial real estate, including real estate development, acquisitions, sales, land use and development approvals and permits. He drafts and negotiates comprehensive purchase and sale agreements and lease agreements, tailored to the unique needs of both buyers and sellers, landlords, and tenants. In addition, Phillip handles disputes involving land use and zoning; property rights; declarations of covenants, conditions and restrictions (CC&R’s); real estate development; energy project development; eminent domain, and the California Environmental Quality Act (CEQA). This includes administrative appeals, writ actions, and actions in eminent domain. He is also an Adjunct Professor at the University of San Francisco School of Law.
Experience
Representative matters
Representative matters
Successfully completed transactions for fintech company, as tenant, in leasing and subleasing office spaces in Silicon Valley with rentable areas up to 150,000 square feet, which required specialty provisions on security and privacy requirements.
Represented real estate investment and asset management company, as landlord, in leasing spaces in shopping centers and office buildings in multiple jurisdictions to a range of tenants including an auto parts retailer and a state court judge.
Represented national department store chain, as tenant, in litigating breach of lease suits in two California jurisdictions, which resulted in a favorable settlement for the client.
Successfully completed transactions for fintech company, as tenant, in leasing and subleasing office spaces in Silicon Valley with rentable areas up to 150,000 square feet, which required specialty provisions on security and privacy requirements.
Represented real estate investment and asset management company, as landlord, in leasing spaces in shopping centers and office buildings in multiple jurisdictions to a range of tenants including an auto parts retailer and a state court judge.
Represented national department store chain, as tenant, in litigating breach of lease suits in two California jurisdictions, which resulted in a favorable settlement for the client.
Successfully completed a land swap deal in downtown San Francisco valued at approximately $40 million.
Successfully completed a tri-state sale-leaseback transaction involving three food production facilities valued at approximately $144 million.
Challenged City and County of San Francisco’s Environmental Impact Report (EIR) for the Central SoMa Plan with respect to transit, traffic, and air quality impacts under the California Environmental Quality Act (CEQA)
Litigated constitutional challenges against the cities of Brisbane and Rialto, California, for tax assessments against liquid fuel storage facilities. Principal author of summary judgment motion. Co-author of appellate brief.
Advised on multistate environmental and land use requirements for wind energy projects.
Advised on zoning and land use requirements for energy storage facilities in California.
Advised on zoning and land use requirements for solar energy projects in Maryland, Texas, and California.
Defended against claims for damages related to environmental remediation project and construction project delays.
Litigated disputes related to solar energy home improvement projects.
Brought a challenge against the City and County of San Francisco for alleged violations of the bid process for public contract award of trash collection franchise agreement.
Advised on conflict of interest laws with respect to transaction with public agency.
Successfully defended against claims for property loss and emotional distress related to trash collection services.
Successful result in suit to modify conditions, covenant, and restrictions (CC&Rs) to allow residential development in commercial subdivision.
Challenged City of Chowchilla, California, in suit for interfering with sale of commercial property by making faulty representation that property could not have improvements due to its proximity to an airport runway.
Defended cost recovery action brought under the Comprehensive Environmental Responsive Compensation and Liability Act (CERCLA) and the Resource Conservation Recovery Act (RCRA).
Won bench trial against challenge to transfer of coastal property to the federal Bureau of Land Management for conservation purposes. Challenge was brought under the California Coastal Act and the Subdivision Map Act. Lead author of appellate brief following trial.
Won bench trial against claims by steel supplier that bid price for public contract as part of BART’s Oakland Airport Connector Project established contract price and that client’s performance did not comply with Disadvantage Business Enterprise rules.
Brought a challenge to a determination by the Local Agency Formation Commission of Alameda County that client’s property was within one if its zoning and planning boundaries.
Represented advocates for immigrant detainees in Alabama who challenged the shutdown of their program as retaliatory and in violation of their First Amendment rights under the U.S. Constitution.
Represented nonprofit educational company, as landlord, in leasing restaurant space and office space in Oakland, California.
Won a dismissal of a lawsuit against One Treasure Island that threatened to halt historic development of affordable housing on Treasure Island in the San Francisco Bay.
Successfully challenged Contra Costa County Office of the Sheriff to reinstate visitation program for detained immigrants by the U.S. Immigration and Customs Enforcement at the West County Detention Facility.
In collaboration with the ACLU of Northern California, consulted hospitals and social service organizations on responding to immigration enforcement actions by U.S. Immigration Customs and Enforcement (ICE) and Customs and Border Protection (CBP).
Won appeal for U.S. Army veteran in front of the Board of Veterans Appeals (BVA) for disability benefits for Post-Traumatic Stress Disorder (PTSD).
Second chair in federal jury trial on behalf of state prisoner who alleged violation of constitutional rights for inadequate medical care.
Represented a home goods company in Proposition 65-related litigation alleging excessive presence of regulated chemicals in product.
Counseled a sustainable craftsmanship brand in relation to alleged Proposition 65 violation associated with a product.
Advised a shoe store chain on Proposition 65-compliant warning requirements.
Counseled shoe store chain regarding general compliance with Proposition 65.
Represented an outdoor performance gear company in Proposition 65 litigation and compliance.
Represented an outdoor lifestyle company in Proposition 65 claim that was ultimately withdrawn.
Advised a manufacturer of tin and tin alloys in response to Prop 65 notification by private party.
Recognitions
- 2021 recipient of the “One Treasure Island Equity Champion” award for outstanding legal services.
- Selected through peer review for inclusion on the Northern California Super Lawyers Rising Stars list for Energy & Natural Resources, 2015-2020.
Credentials
Education
Education
- University of San Francisco School of Law, 2009, J.D., cum laude, Executive Director, Moot Court Program 2008 - 2009
- University of California, Berkeley, 1992, B.A., English
Professional admissions & qualifications
Professional admissions & qualifications
- California
Court admissions
Court admissions
- U.S. District Court - Northern District of California
- U.S. District Court - Eastern District of California
- U.S. District Court - Southern District of California
- All State Courts - California
News
Media mentions
Blogs
1 / 18