Articles by Nicholas P. Giuliano, Esq. and Christopher R. Murray, Esq.

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Legal Brief: Kalamata v. Biz2Credit and Itria Ventures

October 20, 2015

Stacking lawsuit

The typical merchant cash advance contract contains language that prohibits the merchant from stacking multiple merchant cash advances. Some cash advance companies, however, induce merchants to stack. This is where the legal concept of “tortious interference with contract” comes in. Tortious interference places legal liability on a person who wrongfully causes another person to breach […]

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Legal Brief: Madden v. Midland Funding

June 11, 2015

legal brief

Madden v. Midland Funding, 2015 U.S. App. LEXIS 8483 (2nd Cir. May 22, 2015). This is an interesting case for the alternative lending industry that deals with the interplay between the National Banking Act and New York State’s usury laws. The plaintiff borrower opened a credit card account with a national bank, Bank of America […]

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