Legal Proceedings
−Removed: Many aspects of our business involve substantial risks of legal
−Removed: and regulatory liability.
−Removed: In the normal course of business, we have
−Removed: been named as defendants or co-defendants in lawsuits involving
−Removed: primarily claims for damages.
−Removed: We are also involved in a number
−Removed: of judicial and regulatory matters, including exams, investigations
−Removed: and similar reviews, arising out of the conduct of our business.
−Removed: Based on currently available information, we do not believe that
−Removed: any matter will have a material adverse effect on our
−Removed: consolidated financial statements .
−Removed: In July 2024, we commenced litigation against the former
−Removed: portfolio manager of 3ǀ5ǀ2 Capital ABS Master Fund LP (the
−Removed: “Fund”) and a variety of individuals and entities (collectively, the
−Removed: “defendants”), alleging that the defendants engaged in a
−Removed: longstanding Ponzi scheme resulting in the misappropriation of
−Removed: approximately $106 million from investors in the Fund and in
−Removed: certain related accounts, including a separately managed
−Removed: account held by the Company.
−Removed: In June 2025, we commenced
−Removed: litigation against First Fed Bank alleging that it participated in and
−Removed: aided and abetted the Ponzi scheme.
−Removed: The Company has
−Removed: recognized a loss of $17.2 million in respect of our investment in
−Removed: We anticipate that this litigation, which will not be
−Removed: resolved in the near term, will result in the recovery of some or all
−Removed: of our losses but cannot, with any reliable accuracy, estimate
−Removed: how much we will be able to recover, or the outcome of this
−Removed: litigation, which may lead to additional proceedings.
−Removed: On February 26, 2026, Eugena II Investment Holdings Limited and
−Removed: Eugenia III Investment Holdings Limited, investors in Point Bonita
−Removed: Capital Fund (Cayman) LP, filed a lawsuit against us in the
−Removed: Supreme Court for the State of New York alleging that the
−Removed: defendants have liability for approximately $18.4 million in losses
−Removed: allegedly suffered in connection with investments in receivables
−Removed: purchased from First Brands Group.
−Removed: On March 6, 2026, Western Alliance Trust Company, N.A.
−Removed: Western Alliance Bank filed a lawsuit against the Company in the
−Removed: Supreme Court for the State of New York alleging that the
−Removed: Company is responsible, based on theories of veil piercing and
−Removed: fraud, for $126 million in loan obligations incurred by special
−Removed: purpose vehicles that purchased receivables from affiliates of
−Removed: First Brands Group, LLC.
+Added: Many aspects of our business involve substantial risks of legal and regulatory liability.
+Added: In the normal course of business, we have been named as defendants or co-defendants in lawsuits involving primarily claims for damages.
+Added: We are also involved in a number of judicial and regulatory matters, including exams, investigations and similar reviews, arising out of the conduct of our business.
+Added: Based on currently available information, we do not believe that any matter will have a material adverse effect on our consolidated financial statements.
+Added: Included among those matters were certain legal proceedings that, for prior quarters, we listed in this section.
+Added: Because, as noted in those filings, we believe those matters will have no material adverse effect on our financial statements, we have removed them.
Information regarding our risk factors appears in Item 1A.
−Removed: Annual Report on Form 10-K for the year ended November 30,
−Removed: These risk factors describe some of the assumptions,
−Removed: risks, uncertainties and other factors that could adversely affect
−Removed: our business or that could otherwise result in changes that differ
−Removed: materially from our expectations.
+Added: of our Annual Report on Form 10-K for the year ended November 30, 2025.
+Added: These risk factors describe some of the assumptions, risks, uncertainties and other factors that could adversely affect our business or that could otherwise result in changes that differ materially from our expectations.
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.