Jacob H Nemon

March 10, 2023 | New York Law Journal

The author writes: Since last June, beginning with the issuance of the befuddling decision in Fleetwood Services v. Ram Capital Funding LLC, the Southern District of New York has taken over the "worst place to litigate" title for merchant cash advance (MCA) transactions. While the SDNY's MCA doctrine and the slew of new filings suggest the civil RICO winter has come for MCA funders with New York choice-of-law provisions, 'Fleetwood' and its progeny provide useful guidance for fixing MCA agreements for a sunnier future.

By Jacob H. Nemon

8 minute read

August 18, 2021 | New York Law Journal

Despite New York choice-of-law and venue provisions, MCA funders are often forced to defend their New York MCA agreements when sued by merchants in sister states. This article discusses several cases which provide "teachable lessons" for MCA funders to fix their MCA contracts.

By Jacob H. Nemon and Jeffrey S. Boxer

8 minute read

July 01, 2021 | New York Law Journal

Well-developed MCA jurisprudence has resulted in more careful MCA agreement drafting in recent years, but some recent decisions suggest that MCA litigation is about to get wilder.

By Jacob H. Nemon and Jeffrey S. Boxer

8 minute read