Is this you? As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.
Claim your profile
Articles by Jacob H. Nemon
New NY Fourth Department Decision
Carter Ledyard & Milburn are most popular: within Finance and Banking, Employment and HR, Government and Public Sector topic(s) with readers working within the Advertising & Public Relations, Banking & Credit and Business & Consumer Services industries New York’s Appellate Division, Fourth Department, has unanimously affirmed a judgment in favor of Carter Ledyard’s client, revenue purchase agreement (RPA) funder NewCo Capital Group LLC, rejecting the merchant’s contention that the agreement...
How New York's Appellate Departments Examine Revenue Purchase Agreements
Carter Ledyard & Milburn are most popular: within Energy and Natural Resources, Real Estate and Construction and Law Department Performance topic(s) with readers working within the Technology industries March 15 will be the eighth anniversary of the First Department's decision in Champion Auto Sales, LLC v. Pearl Beta Funding, LLC, 159 A.D.3d 507 (1st Dept.
How New York’s Appellate Departments Examine Revenue Purchase Agreements
March 15 will be the eighth anniversary of the First Department’s decision in Champion Auto Sales, LLC v. Pearl Beta Funding, LLC, 159 A.D.3d 507 (1st Dept. 2018), the first New York intermediate appellate court to determine—albeit with little substantive analysis—that a revenue purchase agreement (RPA), also known as a merchant cash advance, was not, and could not be, criminally usurious because it was not a loan. Since Champion Auto, RPA litigation has exploded in New York lower courts.
Court Reconsiders Denial Of Revenue Purchase Agreement Funder's Summary Judgment Motion
Carter Ledyard & Milburn are most popular: within Energy and Natural Resources and Real Estate and Construction topic(s) with readers working within the Banking & Credit and Technology industries Clinton County Supreme Court Justice Paul E. Davenport recently granted Carter Ledyard's motion for reargument and renewal of a revenue purchase agreement ("RPA") funder's motion for summary judgment in Apollo Funding Co. v. Green Mountain Transportation LLC, Clinton Co. Sup. Ct. Index No. 2025-00024619.
A Look Back On The Retroactivity Of New York's Amended Whistleblower Protection Law
In an excellent column in these pages, Nicholas J. Pappas and Elena Mondi discussed recent developments, including statutory amendment in 2021 (effective January 26, 2022) (2021 Amendment), to New York Labor Law Section 740, New York's Whistleblower Law, and noted that courts were divided on the issue of whether the statute applied retroactively. Recent Developments Under New York's Amended Whistleblower Protection Law, New York Law Journal, Aug. 7, 2024.
A Look Back on the Retroactivity of New York’s Amended Whistleblower Protection Law
In an excellent column in these pages, Nicholas J. Pappas and Elena Mondi discussed recent developments, including statutory amendment in 2021 (effective January 26, 2022) (2021 Amendment), to New York Labor Law Section 740, New York’s Whistleblower Law, and noted that courts were divided on the issue of whether the statute applied retroactively. Recent Developments Under New York’s Amended Whistleblower Protection Law, New York Law Journal, Aug. 7, 2024.
Summary Judgment Granted To Revenue Purchase Funder In Hotly Contested Litigation
On March 7, 2025, Kings County Commercial Division Justice Reginald A. Boddie granted summary judgment to Carter Ledyard client, FinTap,a merchant cash advance (MCA)/revenue purchase agreement funder, against its merchant customer and its owner and dismissing the merchant's criminal usury, fraud and unconscionability defenses and counterclaim for a reconciliation of alleged overpayment.
Retaliation Claim Against Carter Ledyard's Client Dismissed
On March 28, 2025, Kings County Justice Aaron Maslow granted a pre-answer motion to dismiss retaliation claims filed by a former supervising pharmacist against Carter Ledyard clients, a specialty pharmacy that provides sterile and non-sterile compounded pharmaceuticals and the pharmacy owner. The former employee sued under New York's recently expanded whistleblower statute, New York Labor Law section 740.
Onyx IQ's Executive Interview Series Features Carter Ledyard's Jacob H. Nemon
Merchant cash advances have rapidly gained prominence as a versatile and accessible funding solution. However, behind this financial innovation lies a complex web of legal considerations that both merchants and funders must navigate. As the demand for merchant cash advances continues to grow, so too does the need for a comprehensive understanding of the legal intricacies that accompany them. Jacob Nemon was interviewed by Onyx IQ for their executive interview series.
SDNY Is the New Worst Place To Litigate MCA Disputes
Once upon a time, I lamented that The Worst Place To Litigate Merchant Cash Advance Disputes Is Out-of-State. Since last June, beginning with the issuance of the befuddling decision in Fleetwood Services v. Ram Capital Funding LLC, 2022 U.S. Dist. LEXIS 100837 (S.D.N.Y. June 6, 2022), the Southern District of New York has taken over the “worst place to litigate” title for these merchant cash advance (MCA) transactions.
Show More
loading
Actions
Is this you?
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.Get in touch with Jacob H.
Contact Jacob H., search articles and posts on X, monitor coverage, and track replies from one place.
Learn more about Muck Rack