Commercial Transactions: Representative Works

Letter of Credit Cases

Ms. Burnthorn has successfully handled multiple letter of credit cases, including those for the following beneficiaries involved in the action:

• First National Bank of Columbus ($1.55 Million)


• Sun Bank of Ocala ($550,000)


• Exxon Corporation ($2.74 Million)


• Hibernia National Bank ($200,000)


• Capital Bank ($300,000)


• Joseph E. Juban and George P. Bevan, Baton Rouge attorneys ($250,000)

Letter of credit concepts Ms. Burnthorn has handled includes:

1. The defenses of forgery, fraud in the documents and fraud in the transaction under Louisiana Revised Statute 5-114(2);

2. The defense of lack of authority to issue the letter of credit;

3. The issue whether the instrument meets the technical requirements of a letter of credit under Wichita Eagle & Beacon Publishing Company, Inc. v. Pacific National Bank, 439 F.2d 1285 (9th Cir. 1974) and its progeny;

4. The sufficiency of presentment including issues of strict and substantial compliance with the terms of the letter of credit;

5. Circumstances under which dishonor and notice of dishonor are required as well as circumstances under which defenses are waived by failure to dishonor;

6. The beneficiary's breach of presentment warranties; and

7. The scope of the independence principle.