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Real Estate Lease Restructuring

Significant changes in the modern marketplace have forced businesses across the country to re-evaluate their real estate leases and footprints, and, in many cases, consider restructuring.

Recent strides in remote technology and cybersecurity have only accelerated trends that were already well in the works. Though restructuring efforts can often bring with them myriad legal and business challenges and complexities, businesses would be remiss to ignore the potential opportunities that are also put in play. In response, Miles & Stockbridge has established a cross-disciplinary Real Estate Lease Restructuring Team that understands the issues at hand and strives to learn each client’s business—and its unique needs—from the ground up, not only to provide insightful counsel today, but to help position it to optimize its holdings, rights and obligations in the years to come.

Miles & Stockbridge’s comprehensive combined knowledge of commercial finance and the greater mid-Atlantic real estate market helps clients on both sides of the table navigate these sometimes perilous waters, all with the goal of consummating an advantageous transaction. We represent a wide range of landlords and tenants, and regularly represent our clients in financing development projects, even in uncertain economic times.

Our cross-disciplinary approach provides clients with counsel that decodes the legal, business and real-word realities of lease restructuring. Our real estate leaders collaborate seamlessly with colleagues in our bankruptcy, litigation, tax, environmental and health care law practices to ensure that any matter is considered holistically and meticulously. Our collective experience includes all forms of leasehold restructuring transactions, including rent reduction and abatement; extensions, renewals and options; assignments and subleases; defaults and terminations; and collection, eviction and other enforcement matters. We have applied our experience across multiple real estate asset classes and industries.

In the unfortunate instance of an impasse, our Real Estate Lease Restructuring Team is supported by the robust resources of our nationally recognized litigation and creditors’ rights and bankruptcy team. Our commercial litigators and bankruptcy lawyers are well-acquainted with the relevant case law of real estate disputes, as well as creative strategies for mediation and, ultimately, trial, and are well-regarded in this space, across the mid-Atlantic region and beyond.