The Bottom Line Cannabis-related businesses face particular hurdles when seeking financing, but preparation and proper expectations can overcome them. A borrower’s ability to communicate knowledgably with a potential lender about its business and the cannabis marketplace and anticipate lender Continue Reading
Trademark License Rights Survive Rejection in Bankruptcy
The Bottom Line The Mission Product decision should resolve uncertainty created by the circuit split between the First Circuit and Seventh Circuit decisions. The Supreme Court’s ruling should also reassure trademark licensees that should their licensor end up in bankruptcy, absent contract terms Continue Reading
Oh, the Indemnity! Claims for Reimbursement May Follow RMBS Litigation Settlements
The Bottom Line The statute of limitations may have expired on new claims for repurchase or fraud based on alleged loan defects in pre-financial crisis subprime RMBS deals, but a settlement or litigation award paid out by a defendant may mark the beginning of a new six-year limitations period for Continue Reading
Claims Against Navient Echo Problems with Subprime Mortgage Loan Servicers
The Bottom Line The allegations in the recent CFPB action against Navient are reminiscent of the abusive tactics that the CFPB alleged subprime mortgage servicers employed against struggling borrowers, which ultimately led to record-setting settlements. Unlike mortgage loan servicers that have had Continue Reading
Recent Actions Against Navient May Expose Problems Contributing to the Student Loan Debt Crisis
The Bottom Line It is uncertain how the Trump administration will deal with the student loan problem. On the one hand, his negative views of the current head of the CFPB and even regulation generally are well documented. But on the other hand, he has proposed more borrower-favorable income-based Continue Reading