Murphy McMillan

Baker, Donelson, Bearman, Caldwell & Berkowitz PC

$ $$$

20th Street North 420
Birmingham 35203 AL US

Murphy McMillan, shareholder in the Firm’s Birmingham office, helps clients on myriad issues related to commercial real estate development, financing, acquisition, disposition and leasing transactions, including alternative financing structures, such as public-private partnerships (public incentive financing) and New Market Tax Credits.

Mr. McMillan currently spends a great deal of his time helping private equity firms, investment advisors and pension funds acquire, finance, develop and lease commercial real estate, including mixed use projects.

Mr. McMillan has extensive experience in retail, office, industrial and multifamily properties, and routinely represents landlords and tenants in leasing transactions, including representing retail landlords in negotiating leases with regional and national retailers.

Mr. McMillan also advises clients on land conservation and syndication issues related to conservation easements. Having been a principal in a real estate development firm, Mr. McMillan has a keen understanding of both the legal and business issues with which his clients are faced. Mr. McMillan also regularly advises clients on alternative financing structures, such as tax abatement agreements.


  • University of Alabama School of Law, J.D., 1995
  • Washington & Lee University, B.A., 1990

ADMISSIONS : Alabama, 1995

Representative Matters:

  • Acquisition and Development
    • Representation of national retail developer in development, sales and leasing of 300,000 square foot “green field” development.
    • Representation of foreign pension fund in $30 million industrial sale-leaseback.
    • Work for coastal resort owner in re-purposing an area of resort property for a “town center” retail development, including negotiation of construction agreements, leasing retail space and structuring operating formats for entertainment amenities.
    • Advised clients, including a Fortune 1000 life insurance company, on the creation of investment vehicles to pursue acquisition and development opportunities.
  • Retail Leasing
    • Helped national, regional and local landlords negotiate retail leases with tenants.
    • Assisted regional fast-casual restaurants in negotiating leases throughout the Southeast.
  • Alternative Financing
    • Helped retail developer negotiate $20 million tax incentive agreement with municipality.
    • Represented private health care provider in negotiating $23 million tax incentive agreement with municipality.
    • Helped a publicly-traded REIT structure and negotiate a public private partnership to fund $20 million of infrastructure improvements for a retail development.
  • Health Care
    • Provided assistance to a private operator in securing opportunity to develop a rural hospital and negotiation of financing and alternative financing structures, including public incentives.

Professional Honors & Activities:

  • Fellow – American Bar Foundation
  • Member – ISCS Alliance Advisory subcommittee, responsible for providing guidance and direction for the ISCS Alliance Program
  • Member – Alabama Bar Association
  • Member – Birmingham Bar Association
  • Board of Directors – Easter Seals of the Birmingham Area (Chairman, 2003 – 2005)
  • Member – Monday Morning Quarterback Club, Crippled Childrens’ Foundation


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20th Street North 420
Birmingham 35203 AL US
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Broadway 42
New York 10006 NY US