Evergreen Protection in Commercial Leasing Depends on Letter of Credit Language

An excellent article by my colleagues Peter Breckheimer and Kathryn Turner. The risks they outline apply to both lease transactions and financings when letters of credit are issued as security. Well done!

Check out this article recently published by me and Peter Breckheimer. We discuss advice for leasing counsel on drafting letters of credit and when to audit your client’s letters of credit to ensure no surprises.

One word can determine whether an "evergreen" letter of credit actually renews. Thanks to Kathryn Turner for her help with this article on the drafting pitfalls landlords and leasing counsel should avoid.

How should a commercial tenant respond to a terminal dilapidations claim? This new LexisNexis Practice Note offers practical guidance for tenants in England and Wales—from preparing before lease expiry and checking the landlord’s claim to assessing potential limits on damages and negotiating settlement. A useful resource for those advising commercial tenants on their next steps.

When a real estate dispute begins affecting money, possession, contractual rights, or business operations, continued negotiation might not be enough. There are many reasons a real estate dispute can escalate beyond informal negotiations: alleged breaches of contract, lease defaults, disagreements over contractual obligations, enforcement of negotiated terms, and more. Sometimes, there may just come a point at which litigation becomes part of the conversation. The right counsel will consider the underlying agreement, understand the client’s business objective, and determine the strongest path forward rather than treating litigation as an isolated legal event. Learn more about our new litigation practice: https://bit.ly/3UCiBaB *Attorney Advertising Information only. Prior results do not guarantee future success* #realestateattorney #realestatelaw #commercialrealestate #nyclawfirm

Dividing assets in a separation through litigation can take years, largely because both sides are arguing in front of a third party who has to be convinced of every detail, property values, income, contributions, before anything gets decided. In mediation, both people already know the details of their own finances. The work is agreeing on a division that is fair to both, with a mediator helping structure the conversation and keep it productive. That difference alone often cuts the timeline from years to weeks or months, and avoids the legal costs that can quietly consume a meaningful share of the assets being divided in the first place. If a financial settlement is the piece holding up your separation, it is worth exploring mediation before a long court process. info@settlewisenow.in #divorcesettlement #familymediation #ADR #mediation #SettleWiseNow

Which Legal Claims Are Most Likely To End At Summary Judgment? Breach Of Contract Claims, Commercial Lease Disputes, And Statute Of Limitations Defenses Are Often Resolved Through Summary Judgment When The Facts And Evidence Clearly Support One Side. Click the bio link to listen to the full episode. https://lnkd.in/gKjHJhGy #Contractdisputes #Summaryjudgment #Businesslaw #Litigationstrategy

A verbal agreement may not always be enough. Wyoming's Statute of Frauds requires certain types of agreements to be in writing, including certain real estate transactions, long-term agreements, guarantees, and other significant arrangements. Learn what Wyoming business owners should know about written agreements and how proper documentation can help protect their interests. Read the full article here: https://lnkd.in/e6cEx4GG

You want to sell the property. Your co-owner refuses. Now what? Ignoring the problem leaves the property exactly where it is. Mediation may help both sides reach an agreement. But if negotiation fails, a partition action may provide a legal path for resolving the ownership dispute. One owner saying “no” doesn’t necessarily mean you have to remain co-owners indefinitely. #PartitionAction #PropertyDispute #CaliforniaRealEstate #LegalStrategy #WadeLitigation

Arbitration fee structures and collection strategies change over time, meaning online advice from a few years ago may not apply to your current case. Rather than relying on internet trends, Kris Boevingloh and his team at Boevingloh & Pliakos analyze current court rules and evidence requirements to build a modern defense tailored to your exact lawsuit. Message Kris Boevingloh and his team at Boevingloh & Pliakos to review your debt collection defense.