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Dechert LLP

Are Lockbox Lenders Subject to Implied Duties?

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Recently, in In re Moon Group Inc., a bankruptcy court said no, but the district court, which has agreed to review the decision on an interlocutory appeal, seems far less sure. The bankruptcy court held that a lockbox...more

Troutman Pepper

MCA Participations and Securities Laws: Recognizing and Managing A Looming Threat

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Due to the high volume of relevant judicial decisions issued by New York courts over the past two years, the risk that enforceability of a merchant cash advance (MCA) contract might be successfully challenged as a disguised...more

Troutman Pepper

Ohio Court of Appeals Rules That Architect’s Authority Does Not Extend to Advancing Payments to Subcontractors, and Architect’s...

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Manley Architecture Grp., LLC, v. Santanello, 2018 Ohio App. LEXIS 2372 (June 7, 2018) - Dr. Steven A. Santanello (“Santanello”) contracted with Manley Architecture Group, LLC (“MAG”) to design and manage the construction...more

Stinson - Corporate & Securities Law Blog

SEC Charges CEO/Director with Sarb-Ox Loan Violations for Unreimbursed Advances that Were Outstanding for 5 to 36 Days and...

According to the SEC in an order settling an enforcement action, Alan Shortall was CEO and Chairman of Unilife Corporation, a Nasdaq listed issuer. According to the SEC, Shortall arranged for Unilife to make personal payments...more

Ballard Spahr LLP

Minnesota AG files lawsuit against pension advance companies

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The Minnesota Attorney General announced that she has filed a lawsuit in state court against two pension advance companies. According to the AG’s press release, the companies often solicited borrowers through their own...more

Troutman Pepper

New York Case Is a Win for the Merchant Cash Advance Industry

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Providers of cash advances repaid by sales of future receivables in New York can have greater confidence that these advances are not loans and are not subject to usury laws. On March 16, the Supreme Court of New York,...more

Farrell Fritz, P.C.

Loans Between Related Entities

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What Was Intended? Over the last thirty years, I have reviewed the income tax returns of many closely held corporations and partnerships. Quite often, on Schedule L (the balance sheet), I will see an entry for “other...more

Ballard Spahr LLP

CFPB Fall 2016 rulemaking agenda published

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The CFPB’s Fall 2016 rulemaking agenda has been published as part of the Fall 2016 Unified Agenda of Federal Regulatory and Deregulatory Actions. The preamble indicates that the information in the agenda is current as of...more

Troutman Pepper

Court Rules MCA Arrangement Is a Loan Under New York's Usury Laws

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On October 25, 2016, the New York Supreme Court of Westchester County issued a decision in Pearl Capital Rivis Ventures, LLC v. RDN Construction, Inc. that helps clarify the circumstances under which the provision of a...more

Dorsey & Whitney LLP

Fund Founder, Chief Legal Officer and Controller Sanctioned by SEC

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The founder of a venture capital fund, assisted by its chief legal officer and controller, took more money from the fund as “advanced fees” than was actually due and owing. The money was used for other entities in the...more

Morris James LLP

Court Of Chancery Upholds Contribution Claim

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This interesting decision both explains the conspiracy theory of jurisdiction and upholds an equitable contribution claim by the company required to advance fees to a director to have the director’s companies contribute...more

Goulston & Storrs PC

IRS Allows Developer Tax Benefit of Common Improvement Advance to City

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In CCA 201537022, the IRS allowed a real estate developer to capitalize its required “advance” to the city for common infrastructure improvement costs, subject to later year adjustment to the extent the city repaid the funds....more

Ballard Spahr LLP

CFPB lawsuit against pension advance companies could have broader implications

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A new lawsuit, filed by the CFPB and the New York Department of Financial Services(NY DFS) in a California federal court against two pension advance companies and three of the companies’ individual managers, again...more

Carlton Fields

CFPB and New York Department of Financial Services Sue Pension Loan Companies for Deceptive Marketing

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On August 20, the Consumer Financial Protection Bureau (CFPB) and New York Department of Financial Services (NYDFS) jointly filed suit against two pension loan companies and three individual managers for deceptively marketing...more

Cozen O'Connor

Goldman Ordered to Advance Defense Fees for Former Employee Accused of Stealing Computer Codes

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On October 16, 2013, the U.S. District Court for the District of New Jersey, in Aleynikov v. The Goldman Sachs Group, Inc., found that a former vice president and computer programmer was an “officer” of Goldman Sachs & Co.,...more

Ballard Spahr LLP

D.C. federal court dismisses Morgan Drexen lawsuit against CFPB

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A Washington, D.C. federal district court has dismissed the lawsuit filed by Morgan Drexen against the CFPB that alleged the Bureau’s structure was unconstitutional because it violated the Constitution’s separation of powers....more

K&L Gates LLP

Losses Caused by Oklahoma Tornadoes: Insurance Coverage Considerations

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Perennial hurricanes and typhoons, isolated but powerful tornados, earth-quakes, and floods — the question is not whether, but where and when policy-holders will confront the next natural disaster. In all of these...more

Patterson Belknap Webb & Tyler LLP

Eagerly Anticipated Proposed Wage Deduction Regulations Announced by New York State DOL

Last week, the New York Department of Labor (“DOL”) published proposed regulations governing the new categories of permissible wage deductions in Section 193 of the New York Labor Law that took effect in November 2012. The...more

Sheppard Mullin Richter & Hampton LLP

The Ninth Circuit Holds that Bankruptcy Courts Have Authority to Recharacterize Debt as Equity

On April 30, 2013, the United States Court of Appeals for the Ninth Circuit held that the bankruptcy court has authority to recharacterize as equity, rather than debt, advances of funds made purportedly as a loan to the...more

Fisher Phillips

Quick Quiz Answer: Recovering Loans Or Advances

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The best answer to our January 9 Quick Quiz is, "$200". In declining percentage order, the responses were...more

Fisher Phillips

Quick Quiz: Recovering Loans Or Advances

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Gloria is a stock clerk for The Warehouse Company. She is paid on an hourly basis at the rate of $8.00 per hour. Gloria experiences a personal financial emergency....more

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