September/October 2019
Borrowers Issue
Vol. 17 No. 6

Supreme Court Holds That Licensee of Rejected Trademark License May Continue to Use the Trademark

The U.S. Supreme Court resolved a split among circuit courts over the status of a trademark license after the bankruptcy licensor of the trademark rejects the license. Stephen Selbst provides the history behind the ruling and explains the 8 to 1 decision written by Judge Elena Kagan. In Mission Products Holdings v. Tempnology, the Supreme […]

NAVIGATING ENERGY VOLATILITY: Understanding the Principles of Commodity Risk Management

Lending in commodity sectors has always been a risky business, but since the 1980 energy deregulation, market volatility has increased. Borrowers who fail to create effective risk management plans can create headaches for their lenders. John Echols and Greg Crowley make a case for effective commodity risk management.


Prepackaged restructurings are allowing companies to fly through Chapter 11 at breakneck speed. Michael Eisenband examines some recent cases and explores the ramifications and accommodations made by lenders.

IMPLEMENTATION OF ASC 606 IS HERE: What Are Increased Risks for Lenders?

The new revenue recognition guidance will go into effect for most private companies in fiscal year 2019. John Monheimius shares potential risks under the new rules for lenders and offers guidance that can help lenders protect themselves.

BUILDING GRASSHOPPER BANK FROM THE GROUND UP: New Digital Venture Bank Prepares to Fully Launch

Judith Erwin was looking forward to a hiatus from banking after Square 1 Bank — where she was a member of the founding team — was sold to Pacific Western. Instead, the prospect of building a bank with a digital foundation from scratch lured her back into the business.

Community Banks: Darkhorse Competitors to Super-Regional and National Banks

A virus of acquisitions has enabled national and super-regional banks to bulk up over the last decade. Their smaller cousins — community banks — are often dismissed as warehouses for customer deposits and little more. Charlie Perer points out that when community banks acquire some some specialty lending platforms and pair them with deep hometown relationships, they can rival the big boys.

Where Are We in the Credit Cycle? Is It Time to Tap the Brakes?

The U.S. economy is booming and while commercial banks are still restrained by regulations, nonbank lenders are in high gear. Hugh Larratt-Smith takes an in-depth look at the current economic situation as 2019 looms ahead and says it may be time for lenders to slow down.

ABL Lenders Face Challenges, But Expect Strong Economy to Keep Them Afloat

Every year, ABL lenders face new challenges. Last year, people were nervous about the impact of prospective tax cuts. This year, the effect of tariffs has both borrowers and lenders shaking their heads. ABL lenders are facing increasing competition as 2019 prepares to roll in. Lisa Miller catches up with five top ABL executives who look back at 2018 and anticipate a strong year ahead.

September/October 2018

September/October 2018
Borrower’s Issue
Vol. 16, No. 6