attorneys
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Mitch Miller
Principal

Since 1981, Mr. Miller has served as counsel to numerous companies in a wide range of sectors, including real estate and development, hospitality, construction, and information technology.  He also has served as CEO/COO in several of these situations.  For example, Mr. Miller acted as executive vice president and chief operating officer for two boutique hotel companies. In these positions, he was responsible for supervising the renovation, operations and development of hotel properties.

Mr. Miller assists hospitality and real estate companies with buy/sell transactions, debt/equity financings, 1031 exchanges, syndications, joint ventures, development agreements, management agreements, franchise negotiation and dispute resolution, marketing and reservation agreements, restaurant/banquet leases and revenue sharing agreements, and general business and real estate litigation matters.

He advises business owners and senior executives on strategic asset planning and has particular expertise at integrating business with family wealth strategies. Over the years, his clients have continually turned to him for seasoned counsel and assistance with asset protection, retirement planning, philanthropy, income and estate tax minimization, business succession and intergenerational transfer.

He is an active advocate in community and trade organizations and serves on the Sustainable Business Institute’s board of directors. He also is former general counsel and director of the International Angels Investors, and founder and former treasurer of Community Housing Developers, Inc., a non-profit developing affordable housing for seniors, disabled individuals and others.

Mr. Miller has received an AV rating from his peers for preeminent legal abilities and excellent ethical practices.

Mitchell Miller has been appointed a member of the Franchise Law Committee of the Business Law Section of the State Bar of California. The Committee is concerned with legislative, judicial and regulatory issues relating to franchised businesses and business opportunities, as well as the interests of the legal and business community involved in franchising. Membership on the Committee affords unique opportunities to influence and participate in the creation of California franchise investment law.

Mitch Miller is one of the country’s most widely published attorneys and sought after speakers on numerous hospitality related issues.

Publications

 
AAHOA Magazine, January 2008, “Fair Franchising and Areas of Protection”
 
Lodging Hospitality, September 2007, “Condo Hotels: Is Withholding Info the Right Answer?”
 
CLIA Magazine, Fall 2007, “Franchise Agreements 2007: What to Expect and What to Avoid”
 
CLIA Magazine, Summer 2007, “Sustainable Business Practice in the Lodging Industry:  Strange Bedfellows - Good Business”
 
National Association of Condo Hotel Owners Magazine, “Condo Hotel Unit Sales: Comply with the Law and Make Full Disclosure?  We Think So”
 
CLIA Magazine, “Energy Surcharges: A Risk -Benefit Snapshot”
 
CLIA Magazine, “Hotel Internet Access–A Standard Amenity, But At What Cost?”
 
Hotel Business Magazine, “Franchisees Do Have Rights”
 
The Real Estate Forum Magazine, "The Hotel Management Agreement and The Owner’s Return on Investment"
 
California Lodging Industry Association Magazine, "Tips on FF&E Leasing.”

Presentations and lectures
 
California Lodging Expo sponsored by the California Lodging
 
Industry Association, September 2008, "Buying, Selling, Operating Hotels: Essential Legal Strategies to Add Value",  "From Drafting to Design: Planning Your Property to Meet Current and Future Trends",
 
Lodging Conference, September 2008, "Lucrative Mixed-use Projects:  From initial market research and feasibility to zoning, infrastructure, partnerships and planning, this session will cover all of the   components that go into creating a successful mixed-use community." 
 
AAHOA Annual Convention March 2008, “Fair Franchising”
 
Hotel Brokers International Annual Meeting January 2008, “Current Issues in Hotel Purchases and Sales”
 
California Lodging Industry Association, Annual Meeting Presentation November 2007, “Franchisor/Franchisee Issues: Current Developments”
 
Hilton Hotels Diversity Conference October 2007, “Hospitality 101: What Every Hotel Owner Should Know”
 
California Lodging Industry Association, Annual Meeting Presentation October 2006, “Top Ten Legal Issues”
 
Condo Hotel Summit 2006 and 2007 Presentation, "Protection from Lawsuits: What Owners and Developers Need To Do To Avoid Litigation"
 
The Lodging Conference 2006, “Owners Investment Forum”
 
The Lodging Conference 2005, “Construction, Bridge, and Mezzanine Financing”
 
The Lodging Conference 2004, “Smaller Hotel Deal up to 10 Million Dollars”
 
Spring 2005 Guest Lecturer, Estate Planning for Financial Planning Professionals, University of California Santa Cruz Extension
 
Hotel Brokers International Marketplace, "Legal Considerations of Brand (Franchise) Affiliation"
 
The Lodging Conference 2003, "Channel Management and Channel Conversion: Multi-Channel Distribution Is Not a Technology Issue", and "Working With Lenders While Positioning The Turnaround"
 
The Lodging Conference 2002, “Deciphering Management Agreement Lingo - Current Issues in Hotel Management Agreements" and "Hotel Risk Management Insurance Requirements and Costs"

Other speaking engagements:
 
Santa Clara University, Leavey School of Business, "The Legal Aspects of Entrepreneurship"
 
San Jose State University Graduate School of Business, "Venture Capital Financing and the Start-Up Company"
 
University of California Extension, “Estate Planning for Financial Professionals”
 
California Convention of Private Fiduciaries, “Life Insurance Trusts – Issues to Consider”
 
New York Life Insurance, “Buy Sell Agreements and Life Insurance Funding”
 
Waddell and Reed Financial Advisors, “Business Succession”
 
India Post TV, Host, “Ask the Attorney”

Allied Memberships
 
AHLA & CHLA, CLIA, CABBI , AAHOA, NABHOOD and HHOA

Education
 
J.D, M.B.A., Santa Clara University
 
B.A. with honors, University of Rochester

Mr. Miller and his wife Linda of 26 years have three children.  The family resides in Palo Alto, California.  A dedicated community leader, Mr. Miller is very active in youth athletics and has coached football and basketball at various schools and leagues for a combined 15 years.
 
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