News

March 13, 2019

Business Law Today publishes Partner Catherine Brennan's article on federal vs. state interests in bank partnerships

On March 13, Partner Catherine Brennan's article, "Clash of the Titans: Federal Versus State Interests in Bank Partnerships" was published in Business Law Today, the American Bar Association Business Law Section's magazine. Catherine discusses two significant cases in Colorado - Zavislan v. Avant of Colorado LLC and Meade v. Marlette Funding LLC d/b/a Best Egg - which focus on who is the "true lender" on the loans made by the banks in partnership with nonbanks.

According to Catherine, the lawsuits represent a serious affront to the power of banks to both export interest rates and to hire partners to help them do it. She asserts that it is likely that as pressure continues to tighten on bank partnerships though litigation such as the Colorado lawsuits and legislative efforts to curtail bank powers, banks involved in such partnerships and their partners will assert their power to engage partners consistent with the FDIC's guidance in response.

Catherine primarily assists investors in the consumer financial services and alternative business funding sectors. She engages in credit due diligence on behalf of investors in fintech firms, bank partnership platforms, small business lenders, merchant cash advance companies, consumer finance companies, title loan companies and payday lenders.

Click here to read the article in Business Law Today.


Hudson Cook, LLP provides articles, webinars and other content on its website from time to time provided both by attorneys with Hudson Cook, LLP, and by other outside authors, for information purposes only. Hudson Cook, LLP does not warrant the accuracy or completeness of the content, and has no duty to correct or update information contained on its website. The views and opinions contained in the content provided on the Hudson Cook, LLP website do not constitute the views and opinion of the firm. Such content does not constitute legal advice from such authors or from Hudson Cook, LLP. For legal advice on a matter, one should seek the advice of counsel.