Scott H. Moskol

Partner | Co-Chair, Cannabis Business & Law Advisory | Co-Chair, Financial Restructuring & Distressed Transactions

overview

Scott Moskol is a partner and co-chair of the firm's Financial Restructuring & Distressed Transactions and Cannabis Business & Law Advisory practices, and a member of the Corporate and Finance practices. He has developed a national platform representing and counseling clients with respect to all legal issues that may arise in restructurings, workouts, bankruptcies, receiverships and other insolvency-related matters.

Scott’s practice also consists of advising clients with respect to the purchase and/or sale of distressed assets, companies and loan portfolios. He also represents clients with respect to financings and lending transactions, as well as general corporate matters, sometimes serving as outside general counsel.

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education

J.D., Emory University School of Law, 1992

A.B., Brown University, 1989

admissions

District of Columbia

Massachusetts

U.S. Supreme Court

honors & awards

Named a “Leading Bankruptcy & Restructuring Lawyer” by Lawdragon (2023)

Named a “Cannabis Trailblazer” by the National Law Journal (2018)

Massachusetts Rising Stars (2006-2007)

community involvement

Turnaround Management Association, Northeast Chapter

  • President

Elevate Northeast

  • Board of Directors

City Year Boston Legal Community Breakfast

  • Former Vice Chair

Boston Bar Association Cannabis Law Conference

  • Former Co-Chair

experience

  • Representation of multiple clients in multiple states on various corporate, finance and operational issues in the Cannabis industry.
  • Representation of debtors and secured creditors in corporate and real estate reorganizations under Chapter 11.
  • Representation of borrowers and lenders in commercial and mortgage debt financing and restructuring transactions.
  • Business acquisition and divestitures through bankruptcy, secured party sales transactions and other distressed situations.
  • Representation of clients with respect to general corporate issues, including P3 matters.
  • Serving as outside general counsel to corporate clients.
  • Advising Board of Directors with respect to insolvency and bankruptcy issues including fiduciary duties, D&O policies and zone of insolvency obligations.

memberships

American Bankruptcy Institute

Boston Bar Association

Massachusetts Bar Association

Turnaround Management Association Northeast Chapter

  • President, 2022

Washington D.C. Bar Association

articles

articles

“SAFER Banking Is Only the First Step on a Long Road”, Banker & Tradesman, October 2023

“4 Cannabis Lending Strategies for Financial Institutions,” Law360, January 2021

“Is the Time Ripe for Lending to Marijuana-Related Businesses?,” Journal of Corporate Renewal, May 2019

“Tips for Small Businesses Facing Difficult Financial Times,” Boston Spirit Magazine, July/August 2013

“Get to Know Us: Burns & Levinson’s LGBT Group,” Boston Spirit Magazine, May/June 2010

“Bankruptcy Often Not Best Path to Reorganization,” Providence Business News, February 2010

“Post-Confirmation Settlement Agreements, The Implication on Insurance Proceeds,” Insurance Coverage Law Bulletin Vol. 6, No. 5, June 2007

“Supreme Court Denies Priority Status for Unpaid Workers’ Compensation Premiums,” Insurance Coverage Law Bulletin Vol. 5, No. 8, September 2006

“Bankruptcy Alternatives,” ABI Health Care Insolvency Manual 2nd Edition, 2005

quotes

“Higher Law: Mixed Views on the Future of Federal Cannabis Legislation”, mentioned, Law.com, March 2023

“Tricky Business,” Brown Alumni Magazine, March 2019

“Higher Law: Bay State Marijuana Shops Open,” Law.com, November 2018

“Massachusetts’ Recreational Marijuana Market Offers Opportunities, Pitfalls Aplenty,” Marijuana Business Daily, March 2018

“Snap Judgments,” Massachusetts Lawyers Weekly, January 2018

“Five Tips from Lawyers for Investing in Marijuana in Mass.,” Boston Business Journal, October 2017

“Not Your Father’s Weed,” CommonWealth Magazine, December 2016

“Banking on the Pot Industry,” CommonWealth Magazine, November 2016

“Five Questions With: Scott Moskol,” Providence Business News, March 2010

“Rebuilding and Renewal – In Business and the Community: An Interview with Scott Moskol,” Boston Spirit Magazine, January/February 2010

interviews

“Reading the Fine Print: Are Your Directors and Officers Protected?” The CUInsight Network, July 2021

“In the Turbulent, Young Cannabis Industry, Legal Veterans Provide a Steadying Hand,” Corporate Counsel Business Journal, December 2019

“High-Times Ahead for Cannabis-Related Business,’ Corporate Counsel Business Journal, November 2018

“Growing Their Own,” Metro Corporate Counsel, May 2017

“Educate, Empower, Elevate: Awareness and Introspection on the Path to Diversity,” Corporate Counsel Business Journal, September 2018

speaking engagements

“Cellar Deals: Mastering Distressed Asset Trading”, Panelist, Benzinga Cannabis Capital Conference, September 2023

“Distressed M&A, Workouts, and Receivership”, Speaker, NABT Annual Conference, August 2023

“Cannabis Lending 101”, Speaker, NASCUS Cannabis Banking Symposium, June 2023

“Cannabis Lending Risk Considerations”, Speaker, Northeast Executive Forum on Cannabis Banking, May 2023

“Distressed M&A, Workouts, and Receiverships”, Speaker and Conference Faculty Co-Chair, MCLE New England 7th Annual Cannabis Law Conference, April 2023

“Bankruptcy and Insolvency Issues in the Cannabis Industry”, Panelist, Southeastern Bankruptcy Law Institute 49th Annual Seminar, March 2023

“The Green Rush” Guest, Pro Cannabis Media, March 2023

“Restructuring Your Cannabis Business”, Speaker, New England Cannabis Convention, March 2023

“Will There Be a National Cannabis Brand? And Does It Even Matter?”, Panelist, Luxury Meets Cannabis Conference, October 2022

“Weathering the Storm: Restructurings, Workouts & Distressed M&A” Moderator, Burns & Levinson’s Sixth Annual State of the Cannabis Industry Conference, October 2022

“CEO Roundtable: Exploring Shared Dilemmas” Moderator, Burns & Levinson 6th Annual State of the Cannabis Industry Conference, October 2022

“Growing and Selling your Cannabis Banking Program” Panelist, PBC Conference, September 2022

“Corporate Formation and M&A, Tax and Regulatory Implications,” Panelist, Massachusetts Continuing Legal Education’s 6th Annual Cannabis Law Conference, April 2022

“Financing and Banking: Restraints in Securing and Institutionalizing the Greenbacks,” Panelist, Massachusetts Continuing Legal Education’s 6th Annual Cannabis Law Conference, April 2022

“Aligning Cannabis and CPG Consumer Experiences with Streamlined Payment Methods,” Panelist, NECANN’s 8th Annual Cannabis Convention, March 2022

“Cannabis Banking and Lending: The Myths Debunked,” Moderator, Turnaround Management Association Northeast Chapter, February 2022

“CAN2111 – Attorney/CPA Panel”, Speaker, AICPA & CIMA Cannabis Industry Conference, November 2021

“CAN2112 – Practical Impact of Section 280E Litigation on Structuring and Due Diligence”, Speaker, AICPA & CIMA Cannabis Industry Conference, November 2021

“Blazing the Trail: Key Innovators and Disruptors in Payment, Delivery & E-Commerce,” Moderator, Burns & Levinson’s Fifth Annual State of the Cannabis Industry Conference, September 2021

“Navigating Regulation & Legislation: Where Are We Really Headed?” Moderator, Burns & Levinson’s Fifth Annual State of the Cannabis Industry Conference, September 2021

“5th Annual Cannabis Law Conference 2021,” Panelist, MCLE New England, April 2021

“High Risk: Protecting Directors and Officers in Cannabis Banking,” Webinar Host, Burns & Levinson Cannabis Business & Law Advisory Group, December 2020

“Roadmap to Restructuring and Workouts in the Cannabis Industry,” Moderator, Burns & Levinson’s Fourth Annual State of the Cannabis Industry Conference, October 2020 

“Let’s Talk Cannabis: Data and Corporate Intelligence in Banking,” Webinar Host, Burns & Levinson Cannabis Business & Law Advisory Group, August 2020

“Automated Cannabis Banking Platforms,” Webinar Host, Burns & Levinson Cannabis Business & Law Advisory Group, August 2020

“Let’s Talk: Cannabis Banking,” Micro-Webinar Host, Burns & Levinson’s Cannabis Business & Law Advisory Group, July 2020

“Hemp + CBD | SBA + Lending,” Host, Webinar: Coast-to-Coast Regulatory Update with Vicente Sederberg LLP, April 2020

“Coronavirus + Cannabis,” Speaker, Webinar: Coast-to-Coast Regulatory Update with Vicente Sederberg LLP, March 2020

“Update on the Current Real Estate Issues in Adult-Use Marijuana,” Panelist, Massachusetts Continuing Legal Education’s 22nd Annual Real Estate Conference, March 2020

“Banking, Insurance, and Payment Solutions for Investments in the US Cannabis Industry,” Moderator, CannaVest East: The Institution Capital Forum, February 2020

“2020: Cannabis Banking and Accounting Update,” Panelist, Worcester Business Journal’s Business of Cannabis Forum, January 2020

“The Cannabis Lawyers,” Guest Speaker, Bob Lobel’s New England POTCast, October 2019

“Career Opportunities in Cannabis Law and Regulation”, Speaker, 2019 Summit on Emerging Careers for Law Grads, June 2019

“New Opportunities in Asset Based Lending; A Fresh Look at Cannabis, MCA Finance and Factoring,” Moderator, American Bankruptcy Institute’s 13th Annual Credit & Bankruptcy Symposium, May 2019

“3rd Annual Cannabis Symposium: The Law and Business of Marijuana Dispensaries”, Panelist, Massachusetts Continuing Legal Education, April 2019

“The Massachusetts Cannabis Business License Workshop”, Panelist, New England Cannabis Convention, March 2019

“The 2019 Money Talk: Banking + Investing in Cannabis”, Panelist, New England Cannabis Convention, March 2019

“Compliance, Banking and Insurance Solutions for the Cannabis Industry,” Moderator, National Cannabis Industry Association CannaVest, February 2019

“Cannabis & Hemp: The Law & Business 6 Months Later,” Faculty, MCLE Webcast Seminar, December 2018

“Banking,” Speaker, Boston Bar Association’s Cannabis Law Conference, November 2018

“Corporate and Investment Laws of Cannabis,” Moderator, Boston Bar Association Cannabis Law Conference, November 2018

“Future of Banking in Cannabis,” Moderator, Burns & Levinson’s and Viridian Capital Advisors’ Second Annual State of the Cannabis Industry Conference, October 2018

“New Markets in New England: Challenges and Opportunities Cannabis Companies Face When Raising Capital,” Speaker, CWCBEXPO, October 2018

“Cannabis: New Industry, New Challenges,” Panelist, The 2018 TMA Annual Conference, September 2018

“Cannabis and Banking,” Speaker, New England Association of Financial Professionals, September 2018

“Cutting Through the Blue Smoke/Lawyers on the Run: A Primer on Marijuana in the Workplace and Non-Competes for Lawyers,” Panelist, Massachusetts Bar Association Open Meeting, June 2018

“New Markets in New England: Challenges and Opportunities Cannabis Companies Face When Raising Capital,” Speaker, NECANN Boston, March 2018

“Licensing Workshop,” Speaker, NECANN Boston, March 2018

“Rhode Island and Cannabis Laws,” Speaker, Turnaround Management Association, Rhode Island Chapter, March 2018

“The New England Experience,” Moderator, Burns & Levinson’s and Viridian Capital Advisors’ First Annual State of the Cannabis Industry Conference, October 2017

“Legal and Business Considerations for Cannabis Startups and Consultants,” Moderator, Women Grow: Boston Event, October 2016

“Issues with Workouts,” Speaker, MassHousing Loan Officers Meeting, November 2012

“D&O Insurance and Bankruptcy,” Speaker, National CPCU Society Annual Meeting, September 2007