Though cannabis’ status as a Schedule 1 controlled substance has hampered the industry’s ability to fully integrate into the digitally dominated payment world, with credit card issuers refusing to process cannabis transactions, cannabis businesses have historically been able to enjoy similar Continue Reading
Subprime Auto: Cracks in the Road Starting to Show
The Wall of Maturities Looms in the Shadow of Bank Failures. What’s Next for Commercial Real Estate?
Commercial real estate (CRE) sectors have not escaped the perma-crisis era in which we live, and the worst appears yet to come. First, hospitality and retail suffered setbacks with pandemic lockdowns. Then, the persistence of work-from-home and employee resistance to returning to the office Continue Reading
Cannabis-adjacent Bankruptcy Eligibility Update: Significant New Decision
Around the time Reuters published our article regarding bankruptcy eligibility, the U.S. Bankruptcy Court for the Central District of California (LA Division) issued a decision in In re The Hacienda Company, LLC, that thoughtfully articulates the balancing of governmental policies, bankruptcy Continue Reading
New York Gets Tough on Virtual Currency
Going forward, it looks like crypto companies that make it in New York will be able to make it anywhere. All over, at the state and federal level and internationally, turmoil in the crypto industry is leading to increased scrutiny. In New York, home of the comprehensive (some would say onerous) Continue Reading
Subprime Auto: Is the Tank Half Empty?
For the past two years, the subprime auto market has defied expectations, but 2023 is off to a cold start. Normalization is on the horizon, but when we will get there and what it will look like when we do, remains unclear. What is normal in this moment is to ask whether the performance data is a Continue Reading
New Regulations, New Bankruptcy Law will be FTX’s Legacy
State of Play: Crypto Regulations in the Wake of the FTX Collapse
The course of regulatory reform in the U.S. related to digital assets is likely about to change as a result of the allegations against Sam Bankman-Fried and FTX affiliated entities in bankruptcy. Prior to FTX’s bankruptcy, and with Bankman’s support, the industry was gaining traction in promoting Continue Reading
Refinancing Challenges and Litigations Put Focus on CMBS Valuation
The “Location, Location, Location” mantra intended to mean the three things that matter most in real estate should be replaced by “Valuation, Valuation, Valuation.” Valuation is the foundation of a successful CMBS deal and key to setting expectations, from cash flow to recovery. It should Continue Reading
Five Things to Know to Prepare for Consumer ABS Litigation
As performance risk grows in consumer ABS, legal risks will ensue. To negotiate best terms and prepare for potential disputes, every investor and deal party should know the ways the law has been transformed by years of RMBS litigation. This new legal framework, which impacts when and how claims must Continue Reading