Is American Cannabis Still the Wild West?
May 17, 2022 | By Credit ChronometerJoseph Cioffi was quoted in a National Cannabis Industry Association community blog post “Is American Cannabis Still the Wild West?” Read the full post here.
Read moreCannabis Financing Market Insights
May 09, 2022 | By JOSEPH CIOFFIDavis+Gilbert recently attended the Benzinga Cannabis Capital Conference, where the most significant and influential industry participants met to discuss the opportunities and challenges of funding growth in the cannabis industry. Joseph Cioffi moderated a discussion regarding the experience of Real Estate Investment Trusts (REITs) and the outlook for financing and regulations. This piece contains some key takeaways to help participants operate effectively in the space and plan for the future. ...
Read moreWhat To Know About ESG and Cannabis
Apr 14, 2022 | By JOSEPH CIOFFIInvestors and lenders focused on environmental, social and governance (ESG) principles will find opportunities for “green” financing in cannabis, but risk abounds as the truthfulness of ESG claims and disclosures are on the SEC’s radar. Last month the SEC put out a proposed rule that if adopted could lead to increased climate-related disclosures for companies subject to SEC oversight. While cannabis businesses can improve their prospects for funding by emphasizing their ESG-related activities ...
Read moreFortune or Forfeiture: Real Estate Lending in the Cannabis Space
Feb 08, 2022 | By Credit ChronometerJoseph Cioffi, Massimo Giugliano and Christine DeVito discuss the risks real estate lenders face when working with cannabis-related businesses, in their Westlaw article entitled "Fortune or forfeiture: real estate lending in the cannabis space." From government forfeiture to anti-money laundering compliance, real estate lenders have options available to address the legal challenges in this rapidly growing field.
Read moreState Residency Rules Up in Smoke as Cannabis Industry Grows
Nov 05, 2021 | By Credit ChronometerState residency requirements for cannabis businesses are in jeopardy following some successful challenges on constitutional grounds. As seen in Westlaw today, Joseph Cioffi, Nicole Serratore and Anna Pinna's article, “State residency rules up in smoke as cannabis industry grows,” discuss how courts have relied on the dormant Commerce Clause of the US Constitution to strike down certain ordinances and regulations.
Read moreCannabis Lender Eyes Securitization
Oct 22, 2021 | By JOSEPH CIOFFIJoseph Cioffi was quoted in a Commercial Mortgage Alert article regarding the hurdles of bringing cannabis-related securitizations to market.
Read moreRegulatory Challenges to Cannabis Financing
Sep 30, 2021 | By JOSEPH CIOFFIThe tensions between federal and state cannabis laws continue to persist. In this article, we identify the key federal legal issues for financial institutions and lenders when working with state-legal cannabis businesses.
Read moreTop 5 Questions Regarding Cannabis Financing
Sep 29, 2021 | By JOSEPH CIOFFIWe provide a quick snapshot of legal issues surrounding lending in the cannabis space, including state-federal regulatory hurdles and debt enforcement challenges for lenders, and business considerations for borrowers when preparing for a deal.
Read moreKey Considerations for Cannabis Borrowers
Sep 28, 2021 | By JOSEPH CIOFFIFinding financing for state-legal cannabis businesses can be a challenge, but with the right preparation, cannabis business borrowers can put their best foot forward to present themselves to potential lenders. We highlight the key considerations borrowers should be ready to address.
Read moreNY Debt Enforcement Alternatives for Cannabis Lenders
Sep 23, 2021 | By JOSEPH CIOFFIWith cannabis being federally illegal, bankruptcy protection is not an option for cannabis-related businesses. In an effort to protect collateral and maximize recovery, cannabis lenders need to understand debt enforcement and liquidation options under state law, before entering into financing with borrowers. Learn more in this Law360 article authored by Joseph Cioffi, Seiji Newman and Christine DeVito.
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