Peer-to-Peer

News & Analysis as of

True Lender Issues Cloud the Future of Marketplace Lending

The relationship between certain peer-to-peer or marketplace lending platforms and the banks who actually make the loans to consumers leads to the often-debated question of “Who is the true lender?” Recent court decisions...more

10 Ways to Finance a Business

A great business idea is not enough—a business needs capital to thrive. Attorneys can help their clients consider all the financing options, figure out which one(s) are the best fit, and comply with applicable laws....more

Lender-to-thy-Neighbor: P2P Lending in Perspective

Closely related to the crowdfunding phenomenon has been the evolution of the peer-to-peer (P2P) lending model. As the early standard-bearers of P2P prepare to enter the public markets, the model itself is poised for greater...more

Practice Makes Perfect

Amber Dolman and Robert Bishop came to Goodwin Procter in much the same way: Both started at the firm right out of law school, after having worked there as summer associates. While Bishop began in the REIT practice, he soon...more

Financial Services Weekly News Roundup - November 2014 #2

The SEC first proposed a study of the fiduciary obligations of brokers and investment advisers as required by the Dodd-Frank Act in July 2010. The SEC still has not made a decision about the shape of a fiduciary rule for...more

Lending Club IPO Packs More than the Usual Legal Drama

The upcoming initial public offering of LendingClub Corporation will be a true “coming of age” event in the peer-to-peer lending industry. Though Lending Club and its chief rival, Prosper Marketplace, have been in business...more

REsource -- Fall 2014

A Guide to Real Estate Crowdfunding Today - The idea of creating large scale syndicates to purchase real estate is a classic concept. Large scale syndication traces its roots directly back to the 1920’s, when...more

Digital Insights & Trends: There’s an App for That – But Is It Legal?

The “sharing economy” is an e-commerce darling, making household names of companies like Airbnb and Lyft, with lesser-known businesses such as RelayRides and MoneyParking emerging daily. Also called the peer-to-peer business...more

Old Wine in New Bottles: The Emergence of the P2P Small Business Lending Securitizations

This last year has seen an uptick in activity in the peer to peer commercial loan market in the U.S., which, broadly speaking, includes loans made by non-traditional financing sources to small businesses (“P2P Commercial...more

Crowdfunding And Peer-To-Peer Lending: Legal Framework And Risks; Peer-To-Peer Lending Meetup New York

In This Presentation: - Crowdfunding - SEC Rules are Out - now what? ..JOBS Act Overview ..Crowdfunding background ..Backdrop: Current Crowdfunding Landscape – Five* Varieties ..Public Equity...more

Crowdfunding In The UK: Consultation On The Regulation Of Crowdfunding

The Financial Conduct Authority (FCA) in the UK released a consultation paper outlining its proposed direction for consumer credit activities. This includes both loan-based crowdfunding (also known as peer-to-peer lending...more

Spain: Increasing pressure on criminal courts against IP rights infringements

The Criminal Court no. 4 of Castellón (Spain) has recently sentenced a peer-to-peer file sharing webmaster to 18 month imprisonment for a continued offence against IP rights. In addition, the Court has also banned him from...more

Collaborative Consumption – Is It Good to Share?

Peer-to-peer (“P2P”) business models based on the Internet and technology platforms have become increasingly innovative. As such models have proliferated, they frequently result in clashes with regulators or established...more

The Copyright Alert System – Copyright Infringement and The Educational Approach

There have been many attempts over the last few years to address online copyright infringement. The most recent effort is the Copyright Alert System (“CAS”), which was rolled out in February 2013 as a system created to...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- March 28, 2013

In This Issue: - Kirtsaeng v. John Wiley & Sons, Inc., U.S. Supreme Court, March 19, 2013: In a 6-to-3 decision with far-reaching implications, U.S. Supreme Court holds that copyright “first sale” doctrine...more

Advanced Copyright Issues on the Internet - Updated March 2013

In This Publication: - I. Introduction - II. Rights Implicated By Transmission And Use Of Works On The Internet A. The Right of Reproduction - 1. The Ubiquitous Nature of "Copies" on the Internet...more

Banking And Financial Services E-Note - January 24, 2013

In This Issue: - Fed Governor Seeks to Regulate Banks Beyond Dodd-Frank - Small Banks Worry of "Walmartization" from Dodd-Frank Act - FDIC Passes Appraisal Standards for Higher-Risk Mortgages - Community Banks...more

MGM v Grokster

Brief for Creative Commons as Amicus Curiae in Support of Respondents

EFF defended StreamCast Networks, the company behind the Morpheus (P2P) file-sharing software, in a case decided by the US Supreme Court on 06/23/05. Though the Court set aside the Ninth Circuit's ruling in favor of...more

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