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WIll New York Bar MCA Lender Yellowstone Capital and Subs from New York?

On March 5, 2024, New York State Attorney General Letitia James filed a lawsuit against Yellowstone Capital, a merchant cash advance company, for orchestrating a predatory lending scheme. The lawsuit also names Yellowstone’s founders individually, and 30 other subsidiaries and officers. The petition alleges Yellowstone exploits small businesses through fraudulent

Best Practices

What To Know Before Signing a MCA Agreement

A merchant cash advance or MCA agreement is the provision of a lump sum of cash by a merchant cash provider in exchange for future receivables. While technically not a loan, there is the expectation that the receiver will pay back the provider a larger amount of future receivables—essentially a

Best Practices

Filing an Out-of-State Final Default Judgment in New York

Domesticating an out-of-state judgment is easier in New York when the out-of-state court awarded the judgment “on the merits,” meaning the defendant appeared in the case. Filing an out-of-state default judgment—a judgment awarded when the defendant did not appear—is a bit more timely and challenging. But what happens when the