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Commercial Alternative Lending
An impressive amount of attention and money have been foisted upon the relatively nascent alternative finance market. Is it good or bad? Is it predatory or justifiably appropriate? Is it warranted and much needed or capitalism on steroids? Should it be regulated or not? Should borrowers be protected or simply carpe diem ? Those who know me come to expect that I am pretty black and white on most topics, right or wrong. In this case, my opinion is “Yes and No”!
Alternative Financing
The term “alternative financing” as it is being used today in the commercial finance world basically covers the gamut of commercial financial products, from peer-to-peer lending or crowd-funding to short-term small dollar accounts receivable financing for new ventures or distressed borrowers. Basically, alternative financing is anything other than straight-up traditional C&I lending (loans and equipment financing) to credit-worthy businesses. Over the past two decades, technology has caught up with commercial lending to the point that very large databases of credit data and behavioral analytics (“big data”) have merged with B2B e-commerce. The results are purported to be predictive models for business credit decisions.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?