Nelson Mullins Riley & Scarborough LLP

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Meridian, 1320 Main Street
17th Floor
Columbia, SC 29201, United States
Areas Of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Workers' Compensation
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • California
  • Colorado
  • D.C.
  • Florida
  • Georgia
  • Maryland
  • Massachusetts
  • New York
  • North Carolina
  • South Carolina
  • Tennessee
  • West Virginia
Number of Attorneys
800+ Attorneys

Narrowing the Reach of Tyler v. Hennepin County: Lessons from Metro T. Properties, LLC v. County of Wayne

In February, the United States District Court for the Eastern District of Michigan issued its opinion in Metro T. Properties, LLC v. County of Wayne, No. 2:23-cv-11457-LVP-KGA, 2024 WL 644515 (E.D. Mich. Feb. 15, 2024). Few…more

Foreclosure, SCOTUS, Takings Clause, Tax Debt, Tax Liens

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[Webinar] Global Impact: Adapting to the EU Artificial Intelligence Act - May 7th, 10:00 am - 11:00 am EDT

Please join Nelson Mullins and Pinsent Masons for a joint webinar discussing the EU Artificial Intelligence Act, the impact it will have on U.S. and European entities, and insights on how to comply with these regulations in the…more

Artificial Intelligence, Continuing Legal Education, EU, New Regulations, Webinars

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Virginia Pipeline Ruling Could Have a Significant Impact on the Fight for Environmental Justice

The Lambert compressor station, a natural gas facility in rural Virginia, if approved, would extend the 303-mile Mountain Valley pipeline project by 75 miles into North Carolina. Opponents of the project argue that the proposed…more

Energy Projects, Energy Sector, Environmental Justice, Natural Gas, Pipelines

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Proposed DOL Overtime Rule Increasing the Minimum Salary Threshold for Exempt Employees Likely to Take Effect Later this Year

A Department of Labor (DOL) proposed rule increasing the minimum salary threshold for exempt employees is projected to change the exempt status of approximately 3.4 million employees and go into effect as early as June 2024…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

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FTC Final Rule Banning Noncompetes Challenged in Court on Same Day

The Noncompete Rule - On April 23, 2024, the Federal Trade Commission (FTC), issued a Final Rule banning all noncompete agreements for any worker in the United States, regardless of industry, title, job function, or…more

Administrative Procedure Act, Chamber of Commerce, Competition, Constitutional Challenges, Employment Contract

See all updates »

Restructuring Commercial Real Estate Leases in the COVID-19 Era

We are currently at the forefront of an economic downturn driven by conditions that none of us have experienced in our lifetimes. Unlike the “great recession” of 2008-2012 which was triggered by a systemic financial collapse,…more

Breach of Contract, Commercial Leases, Commercial Tenants, Contract Terms, Coronavirus/COVID-19

See all updates »

Florida 'Live Local Act' Provides Incentives to Build Affordable and Workforce Housing

On March 29, 2023, Governor Ron DeSantis signed Senate Bill 102, otherwise known as the Live Local Act, into law, representing the largest investment for housing efforts in Florida history. For your convenience we have…more

Affordable Housing, Construction Project, Critical Infrastructure Sectors, Florida, Housing Market

See all updates »

FCC CPNI Certification and Privacy Rules Update

Dear Clients and Friends, As a reminder, telecommunications carriers and interconnected Voice over Internet Protocol (VoIP) providers are obligated to file their annual certification documenting compliance with the Customer…more

Broadband, Consumer Information, Customer Proprietary Network Information (CPNI), Data Privacy, Data Security

See all updates »

[Webinar] What To Do When the Government Comes Knocking - February 29th, 1:00 pm - 2:00 pm EST

Join John Heitmann, and Joshua Guyan as they welcome partners Matt Austin, Bart Daniel, and Adam Safwat, three seasoned defense attorneys who use their experience leading defense teams through complex federal investigations. As…more

Criminal Investigations, Criminal Prosecution, Defense Strategies, Department of Justice (DOJ), Enforcement Actions

See all updates »

Real Estate Finance: Holdbacks in a Post COVID Environment

Today’s post COVID environment has commercial real estate owners, investors and lenders reaching for their crystal balls. Rising sales prices for assets, capitalization rate compression, rising interest rates, and a recession on…more

Financing, Lenders, Loans, Real Estate Investments, Real Estate Transactions

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[Webinar] FinTech University: FinTech and Sports - May 2nd, 2:00 pm - 3:00 pm EDT

Join us for the next edition of FinTech University as we focus on FinTech and Sports. This webinar will provide an overview of how FinTech and gaming intersect, including casino gaming, sports betting, and fantasy sports…more

Casinos, Continuing Legal Education, Fantasy Sports, Financial Services Industry, FinTech

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[Webinar] FinTech University: Diversity in FinTech - September 5th, 2:00 pm - 3:00 pm EDT

Join us for the next edition of FinTech University as we focus on Diversity in FinTech. This webinar will examine diversity, equity and inclusion efforts within the FinTech industry. Experienced Nelson Mullins attorneys Erin…more

Banking Sector, Banks, Diversity, Diversity and Inclusion Standards (D&I), Financial Institutions

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If Enacted, North Carolina House Bill 737 Will Transform the Legal Landscape for Hospital Transactions

On April 18, 2023, Representative Caleb Rudow (D-Buncombe) introduced House Bill (HB) 737, entitled An Act Preserving Competition in Health Care by Regulating the Consolidation and Conveyance of Hospitals. If enacted, HB 737…more

Certificates of Public Advantage (COPAs), Competition, General Assembly, Health Care Providers, Healthcare

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Build or Buy: New Observations Regarding a Key Choice for How to Start a “New” Bank

This is the third installment of our series evaluating the choice between starting a “new” bank through the de novo chartering process or purchasing an existing bank to implement the new business plan. Since we first wrote on…more

Banks, Financial Institutions, Financial Services Industry, National Bank Charters

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Retain, Maintain, or Preserve – Properly Identifying Obligations Can Streamline Records Management for Companies

Companies routinely face decisions on what information should be retained, what information should be maintained, and what information, if any, must be preserved. Many companies make these decisions without truly understanding…more

Data Preservation, Data Retention, Document Retention Policies, Electronically Stored Information, Recordkeeping Requirements

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Navigating the Business Landscape After Silicon Valley Bank and Signature Bank - Key Questions and Answers for Companies, Founders, Executives and Investors

Start-up, emerging, middle market and other companies and their founders, executives, and investors, are facing heightened demands in the wake of recent developments involving Silicon Valley Bank (SVB) and Signature Bank. You…more

Deposit Accounts, Deposit Insurance, Depository Institutions, Emerging Growth Companies, FDIC

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In Appreciation of a Pirate

As we turn to a new year, my wife and I like to reminisce about our best days and milestones of the prior year (for 2023, it was a huge celebration with our best friends for my wife’s birthday, an epic bike ride with our kids on…more

Bankruptcy Code, Bankruptcy Court, Bankruptcy Plans, Bankruptcy Preferences, Commercial Bankruptcy

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Work-Life ‘Balance’ — Don’t Drop the Plates or the Brief!

Partners Katelyn Fredericks, Melissa Foster Bird, Marquetta Bryan, and Ginger Boyd answer questions posed by firm associates on maintaining work-life balance, a constant tension in the lives of working mothers since they entered…more

Business Development, Firm Leadership, Gender Equity, Law Firm Partners, Women in the Law

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[Webinar] The Art of the Deal: Mediation Preparation, Presentation, and Strategy - July 20th, 2:00 pm - 3:30 pm EDT

Please join the Nelson Mullins Employment and Labor Group for a webinar on mediation best practices, featuring Steve Dunn of Miles Mediation. In a roundtable-style discussion, the panelists, including Steve Dunn, Erika Birg,…more

Best Practices, Dispute Resolution, Mediation, Mediators, Webinars

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Trial During COVID-19: Three Associates Share Their Experiences

After shutting down for much of 2020 to protect public safety during the COVID-19 pandemic, courts across the country have slowly and cautiously reopened their courtrooms in 2021 to hold virtual and in-person trials in an effort…more

Litigation Strategies, Trial Preparation, Trials, Young Lawyers

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[Virtual Event] 2022 Central Florida Health Law Forum - April 28th, 11:00 am - 7:00 pm EDT

Please join Nelson Mullins Riley & Scarborough for the 2022 Central Florida Health Law Forum. This year, the event will be offered in-person or virtually and will include networking opportunities and a series of educational…more

Cybersecurity, Data Privacy, Health Care Providers, Health Technology, Healthcare Facilities

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[Webinar] Navigating the Legal, Economic and Business Challenges of the Coronavirus Pandemic - April 8th, 1:30 pm - 2:30 pm EDT

Topics to be presented: Best Practices for Investigating and Assessing Insurance Coverage for Business Interruption Losses Presented by Chris Blake OSHA Considerations During COVID-19 Presented by Weston Adams Environmental…more

Best Practices, Business Interruption, Business Losses, Compliance, Coronavirus/COVID-19

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Physician Wellness Program Exception

On Dec. 29, 2022, the Consolidated Appropriations Act (the “CAA”) was signed into law. The CAA provides for a new exception to the Stark Law and Anti-Kickback Statute (the “AKS”). Section 4126 of the CAA introduces a new…more

Anti-Kickback Statute, Consolidated Appropriations Act (CAA), Healthcare, Mental Health, Physicians

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Rehearing Recently Sought in South Carolina Appeals Court Case That May Affect the Priority of Refinance Mortgages

The South Carolina Court of Appeals rejected the replacement mortgage doctrine on Nov. 25, 2020 and held a home equity line of credit had priority over a subsequent mortgage that secured refinancing of a mortgage prior in time…more

Borrowers, Creditors, HELOC, Home Equity, Mortgages

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UPDATE: California Releases Guidance and Required Notices for 2022 COVID-19 Supplemental Paid Sick Leave

On the eve of enforcement, California’s Department of Industrial Relations (“DIR”) released FAQs and the required poster for the state’s 2022 COVID-19 Supplemental Paid Sick Leave (“SPSL”)…more

California, Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, Labor Reform

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Court Issues a Rare, Severe Discovery Sanction: The Path that Led to Default Judgment

A Tennessee Circuit Court recently issued an order granting default judgment as a discovery sanction against Endo Health Services, Inc. in Staubus v. Purdue Pharma, L.P., et al., No C-41916 (Tenn. Cir. Ct. Apr. 6, 2021). We…more

Discovery, Sanctions, Summary Judgment

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FTC Final Rule Banning Noncompetes Challenged in Court on Same Day

The Noncompete Rule - On April 23, 2024, the Federal Trade Commission (FTC), issued a Final Rule banning all noncompete agreements for any worker in the United States, regardless of industry, title, job function, or…more

Administrative Procedure Act, Chamber of Commerce, Competition, Constitutional Challenges, Employment Contract

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Employer Takeaways for OSHA's Long-Awaited COVID-19 Mandate

The U.S. Department of Labor issued on Nov. 4 the long-awaited emergency rule implementing President Biden’s mandate that employers of 100 or more employees company-wide (at any time the emergency rule is in effect) require…more

Coronavirus/COVID-19, Employer Mandates, OSHA, Vaccinations, Virus Testing

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Expanded Behavioral Health Access, Enhanced Price Transparency, and the 340B Remedy in the CY 2024 Hospital Outpatient and Ambulatory Surgical Center Final Payment Rule

The Centers for Medicare & Medicaid Services (CMS) has announced new measures to enhance access to behavioral health services for Medicare beneficiaries and improve hospital price transparency as part of the final rule for the…more

Ambulatory Surgery Centers, Centers for Medicare & Medicaid Services (CMS), Cost-Sharing, Health Care Providers, Health Insurance

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Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act Provides Additional Funding to Small Businesses Under the Paycheck Protection Program

In response to the continued market disruption and economic impact of the COVID-19 pandemic, Congress passed the Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act, or the Act, on December 21, 2020 as a part of…more

Borrowers, Coronavirus/COVID-19, Loans, Nonprofits, Paycheck Protection Program (PPP)

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[Webinar] FinTech University: FinTech and Bank Regulations - March 5th, 2:00 pm - 3:00 pm EST

Join us for the next edition of FinTech University as we focus on FinTech and bank regulations. This webinar will examine how bank regulations affect the FinTech industry (and vice versa), and what banks need to know when they…more

Banking Sector, Banks, Continuing Legal Education, Financial Regulatory Agencies, Financial Services Industry

See all updates »

[Webinar] FinTech University: Remediation of Defective Token Offerings - February 6th, 12:00 pm - 1:00 pm EST

Join us for the next edition of FinTech University as we focus on the remediation of defective token offerings. This webinar will examine how defective tokens are detected, what makes a token defective, and how FinTech users may…more

Blockchain, Continuing Legal Education, Cryptocurrency, Financial Services Industry, Initial Coin Offering (ICOs)

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Two new FDA Drug Supply Chain Security Act Guidances to help Pharmaceutical Supply Chain Partners Comply with the DSCSA’s move to Electronic Tracking

The DSCSA, enacted in 2013, requires entities in the pharmaceutical supply chain to implement security measures to prevent the introduction of counterfeit and illegitimate drugs into the market. One of these measures is the…more

Drug Distribution, DSCSA, Food & Drug Regulations, Food and Drug Administration (FDA), Healthcare

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Proposed DOL Overtime Rule Increasing the Minimum Salary Threshold for Exempt Employees Likely to Take Effect Later this Year

A Department of Labor (DOL) proposed rule increasing the minimum salary threshold for exempt employees is projected to change the exempt status of approximately 3.4 million employees and go into effect as early as June 2024…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

See all updates »

SC Supreme Court Clarifies Statutory Cap on Punitive Damages

The South Carolina Supreme Court recently decided Garrison v. Target Corporation in which it interpreted South Carolina’s statutory cap on punitive damages…more

Affirmative Defenses, Appeals, Compensatory Damages, Damage Caps, Liability

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Deja Vu All Over Again as the U.S. DOL Proposes Rule to Reinstate Former Contract Classification Test

On Tuesday, October 11, 2022, the United States Department of Labor, Wage and Hour Division (DOL), announced a proposed rule clarifying the Fair Labor Standards Act’s (FLSA) independent contractor classification test. The prior…more

Department of Labor (DOL), Economic Realities Test, Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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The False Claims Act; Managing the Risk and Responding to a False Claims Act Case

This is a discussion with Nelson Mullins partners Gabriel Imperato and Edgar Bueno sharing their knowledge of the False Claims Act and its relationship to organizational compliance, and what it means for compliance professionals…more

Compliance, False Claims Act (FCA), Healthcare

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Expanded Behavioral Health Access, Enhanced Price Transparency, and the 340B Remedy in the CY 2024 Hospital Outpatient and Ambulatory Surgical Center Final Payment Rule

The Centers for Medicare & Medicaid Services (CMS) has announced new measures to enhance access to behavioral health services for Medicare beneficiaries and improve hospital price transparency as part of the final rule for the…more

Ambulatory Surgery Centers, Centers for Medicare & Medicaid Services (CMS), Cost-Sharing, Health Care Providers, Health Insurance

See all updates »

International Law Bulletin - Vol. 22, No. 9

INTERNATIONAL BUSINESS AND TRADE - Dispute Resolution - WTO: The U.S. filed an objection against China at the World Trade Organization (WTO) for the $7 billion worth of retaliatory levies against U.S. exports to China (34 ITR…more

CAATSA, China, Economic Sanctions, EU, Exports

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Default Judgment Sanction Against Defendants for Failure to Produce Slack Messages

In Red Wolf Energy Trading, LLC v. BIA Capital Management, LLC, Gregory V. Moeller, Growthworks, LLC, Michael Harradon, and Jon Moeller, the United States District Court for the District of Massachusetts entered a default…more

Commercial Litigation, Default Judgment, Discovery, Discovery Disputes, Electronic Communications

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FCC CPNI Certification and Privacy Rules Update

Dear Clients and Friends, As a reminder, telecommunications carriers and interconnected Voice over Internet Protocol (VoIP) providers are obligated to file their annual certification documenting compliance with the Customer…more

Broadband, Consumer Information, Customer Proprietary Network Information (CPNI), Data Privacy, Data Security

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GDPR’s Impact on Online Brand Enforcement

The European Parliament, the Council of the European Union, and the European Commission have enacted a new data privacy regulation in 2016 entitled the General Data Protection Regulation (GDPR) that will likely be adversely…more

Cybersecurity, Data Privacy, Data Protection, EU, European Commission

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[Webinar] Creating a Data Privacy & Security Playbook for 2024: An Overview of Compliance and Regulations, AI, and Data Breach Concerns - February 7th - 8th, 12:00 pm - 2:00 pm ET

Nelson Mullins invites you to the two-day webinar, Creating a Data Privacy & Security Playbook for 2024: An Overview of Compliance and Regulations, AI, and Data Breach Concerns, on Feb. 7 and 8 in honor of Privacy Day..…more

Artificial Intelligence, Continuing Legal Education, Cybersecurity, Data Breach, Data Privacy

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FTC and DOJ Update Guidance to Reinforce Preservation Obligations Regarding Messaging Applications and Tools

Anyone who has ever received a civil investigative demand, subpoena, second request, voluntary access letter, or other form of compulsory process from a federal antitrust regulator knows that the government’s standard definition…more

Antitrust Investigations, Antitrust Violations, Civil Investigation Demand, Department of Justice (DOJ), Electronic Communications

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Department of Labor Issues New Rule Regarding Classification of Independent Contractors

Recently, the U.S. Department of Labor (DOL) issued a new rule redefining how workers are classified under the Fair Labor Standards Act (FLSA). The final rule, which will make it more challenging to classify workers as…more

Department of Labor (DOL), Economic Realities Test, Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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The Centers for Medicare & Medicaid Services Issues Rule Mandating COVID-19 Vaccinations for Certain Healthcare Staff

The Centers for Medicare and Medicaid (CMS) released a new Interim Final Rule (IFR)[1] on Nov. 4, 2021 that requires certain healthcare staff at facilities that participate in the Medicare and Medicaid programs to receive the…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates, Healthcare Workers, OSHA

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Treasury and IRS Release Guidance on Advanced Energy Project Credits, Direct Payment, and Transferability of Investment Tax Credits

The Treasury Department and Internal Revenue Service (IRS) have released Notice 2023-44 and proposed regulations to provide long-anticipated guidance on the application procedures for the Section 48C(e) credit and for the…more

Energy Projects, Energy Tax Incentives, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), Investment Tax Credits

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[Webinar] Creating a Data Privacy & Security Playbook for 2024: An Overview of Compliance and Regulations, AI, and Data Breach Concerns - February 7th - 8th, 12:00 pm - 2:00 pm ET

Nelson Mullins invites you to the two-day webinar, Creating a Data Privacy & Security Playbook for 2024: An Overview of Compliance and Regulations, AI, and Data Breach Concerns, on Feb. 7 and 8 in honor of Privacy Day..…more

Artificial Intelligence, Continuing Legal Education, Cybersecurity, Data Breach, Data Privacy

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New York Employers Must Now Provide Paid Prenatal Leave

New York has become the first state in the nation to mandate paid prenatal leave for pregnant employees. Governor Kathy Hochul signed new legislation on April 22, 2024, to expand the New York Paid Family Leave Law (“NY PFL”) to…more

Equal Employment Opportunity Commission (EEOC), New York, Paid Leave, Parental Leave, Pregnancy

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[Webinar] Apple’s New Messaging Features Will Complicate E-Discovery - November 4th, 1:00 pm - 2:15 pm ET

Nelson Mullins Partner Jarrett Coco and E-Discovery Collection Specialists Colin Duncan and Michael Scholz will outline new messaging features in iOS16, including the ability to edit and recall text messages and the ability to…more

Apple, Data Collection, Data Deletion, Data Recovery, Discovery

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EducationCounsel Supports Efforts to Protect Rights of Transgender Students Across the Country

Through its long-standing engagement with GLSEN, a national nonprofit dedicated to promoting and supporting LGBTQ+ inclusive schools, EducationCounsel has authored numerous amicus briefs along with Willkie Farr & Gallagher LLP…more

Discrimination, Gender Identity, LGBTQ, Sex Discrimination, Transgender

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Recent EEOC Action Updates for Employers Relating to AI Hiring Tools, Pregnancy, and Pay Reporting

On August 9, 2023, the Equal Employment Opportunity Commission’s (“EEOC”) new Commissioner, Kalpana Kotagal, was sworn in, likely bringing more employee-friendly policies with her into the role.  In the past month, the EEOC has…more

Artificial Intelligence, Bias, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Federal Labor Laws

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Emerging Issues in Crypto Bankruptcies

The new frontier of crypto bankruptcies brings with it unique challenges. As more crypto platforms face financial distress and insolvency, investors find themselves navigating the intricacies of the Bankruptcy Code in a…more

Bankruptcy Code, Clawbacks, Commercial Bankruptcy, Creditors, Cryptocurrency

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New Qualified Opportunity Zones Guidance: Proposed Regulations and Revenue Ruling 2018-29

The United States Treasury Department (“Treasury”) issued proposed regulations (Prop. Reg. §1.1400Z-2) (the “Proposed Regulations”) on October 19, 2018, under Section 1400Z-2 of the Internal Revenue Code, as amended, (the…more

Capital Gains, Community Development, Economic Development, Internal Revenue Code (IRC), Investment Funds

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Florida 'Live Local Act' Provides Incentives to Build Affordable and Workforce Housing

On March 29, 2023, Governor Ron DeSantis signed Senate Bill 102, otherwise known as the Live Local Act, into law, representing the largest investment for housing efforts in Florida history. For your convenience we have…more

Affordable Housing, Construction Project, Critical Infrastructure Sectors, Florida, Housing Market

See all updates »

OIG Issues General Compliance Program Guidance

On November 6, 2023, the Department of Health and Human Services Office of Inspector General (OIG) issued General Compliance Program Guidance (GCPG) via publication on its website, which can be accessed by this link. The…more

Compliance Management Systems, Cooperative Compliance Regime, Department of Health and Human Services (HHS), Healthcare, OIG

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Trial During COVID-19: Three Associates Share Their Experiences

After shutting down for much of 2020 to protect public safety during the COVID-19 pandemic, courts across the country have slowly and cautiously reopened their courtrooms in 2021 to hold virtual and in-person trials in an effort…more

Litigation Strategies, Trial Preparation, Trials, Young Lawyers

See all updates »

When James Met Gary, Howey, and Hinman: New York AG Takes Aim at KuCoin (but hits Ethereum) in Latest Crypto Crackdown

In his famous 2018 speech, William Hinman, Digital Asset Transactions: When Howey Met Gary (Plastic), the Director of the U.S. Securities and Exchange Commission (“SEC”), asked..…more

Bitcoin, Cryptocurrency, Digital Currency, Enforcement Actions, Ethereum

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[Webinar] FinTech University: FinTech and Investable Businesses - August 1st, 2:00 pm - 3:00 pm EDT

Join us for the next edition of FinTech University as we focus on FinTech and Investable Businesses. This webinar will examine what happens when founders exit their FinTech startups, and what that means for their investors. They…more

Continuing Legal Education, Exit Strategies, Financial Services Industry, FinTech, Institutional Investment

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[Webinar] What To Do When the Government Comes Knocking - February 29th, 1:00 pm - 2:00 pm EST

Join John Heitmann, and Joshua Guyan as they welcome partners Matt Austin, Bart Daniel, and Adam Safwat, three seasoned defense attorneys who use their experience leading defense teams through complex federal investigations. As…more

Criminal Investigations, Criminal Prosecution, Defense Strategies, Department of Justice (DOJ), Enforcement Actions

See all updates »

Alert from Nelson Mullins' Private Wealth Services Group

The COVID-19 outbreak has changed the world in unprecedented ways. Now more than ever, it is important to make sure that you and your loved ones have a complete estate plan in place…more

Estate Planning, Living Will, Power of Attorney, Trusts, Wills

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South Carolina Sunsets Certificate of Need Law

On May 3, 2023, the South Carolina General Assembly passed S.164 which overhauled the state’s Certificate of Need (CON) law. The bill was signed by Governor McMaster on May 16, 2023 and is now in effect…more

Ambulatory Surgery Centers, Certificate of Need, Health Care Providers, Healthcare, Healthcare Facilities

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U.S. Supreme Court Rules that Highly Compensated Daily-Rate Employees Qualify for Overtime Pay

On February 22, 2023, the U.S. Supreme Court ruled in Helix Energy Solutions v. Hewitt that highly compensated employees paid on a daily rate basis, rather than on a salary basis, are not exempt from the Fair Labor Standards…more

Day-Rate Pay, Employees, Employer Liability Issues, Employment Litigation, Fair Labor Standards Act (FLSA)

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Coronavirus and its Impact on Collection: Concerns & Practical Solutions

Like the global economy, the legal industry has felt the impact of the coronavirus pandemic and continues to adjust to the new normal of clients and their employees working remotely. This seismic shift in how companies conduct…more

Coronavirus/COVID-19, Discovery, Electronically Stored Information, Remote Working

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Restructuring Commercial Real Estate Leases in the COVID-19 Era

We are currently at the forefront of an economic downturn driven by conditions that none of us have experienced in our lifetimes. Unlike the “great recession” of 2008-2012 which was triggered by a systemic financial collapse,…more

Breach of Contract, Commercial Leases, Commercial Tenants, Contract Terms, Coronavirus/COVID-19

See all updates »

[Webinar] FinTech University: FinTech and Bank Regulations - March 5th, 2:00 pm - 3:00 pm EST

Join us for the next edition of FinTech University as we focus on FinTech and bank regulations. This webinar will examine how bank regulations affect the FinTech industry (and vice versa), and what banks need to know when they…more

Banking Sector, Banks, Continuing Legal Education, Financial Regulatory Agencies, Financial Services Industry

See all updates »

2021 E-Discovery Trends and Predictions

It’s no secret that, over the past year, the COVID-19 pandemic forced us to stay home and conduct more of our lives online: business dinners were replaced by Zoom meetings, groceries were ordered and arranged for contactless…more

Discovery, Document Review, e-Discovery Professionals, Legal Technology, Remote Working

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CMS Issues Interim Rule in Response to State Medicaid Disenrollment Trend

When the COVID-19 Public Health Emergency (PHE) ended in April 2023, the Families First Coronavirus Response Act’s Medicaid continuous enrollment condition also came to an end. The condition had allowed states to claim a…more

Centers for Medicare & Medicaid Services (CMS), Comment Period, Consolidated Appropriations Act (CAA), Enrollment, FMAP

See all updates »

[Webinar] Apple’s New Messaging Features Will Complicate E-Discovery - November 4th, 1:00 pm - 2:15 pm ET

Nelson Mullins Partner Jarrett Coco and E-Discovery Collection Specialists Colin Duncan and Michael Scholz will outline new messaging features in iOS16, including the ability to edit and recall text messages and the ability to…more

Apple, Data Collection, Data Deletion, Data Recovery, Discovery

See all updates »

Personal Jurisdiction of Opt-In Plaintiffs Under the FLSA: Will the Supreme Court Resolve the Circuit Split this Summer?

Following the U.S. Supreme Court’s landmark opinion in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), a question arising under the Fair Labor Standards Act (FLSA) collective actions is whether…more

Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Certiorari, Class Action, Collective Actions, Corporate Counsel

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Why Section 1202 and QSBS is So Important to Startup Founders, Employees, and Investors

With the right planning (and by avoiding some potential landmines along the way), holders of Qualified Small Business Stock (QSBS) may be able to avoid paying taxes on up to 100% of gains realized from the sale of stock in a…more

Exclusions, Investors, Qualified Small Business Stock, Startups

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[Webinar] FinTech University: FinTech and Employment Law - May 7th, 2:00 pm - 3:00 pm EDT

Join us for the next edition of FinTech University as we focus on FinTech and employment law. This webinar will examine ways that the FinTech industry intersects with employment law and what employers need to know when utilizing…more

Continuing Legal Education, Employer Liability Issues, Financial Services Industry, FinTech, Labor Regulations

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CMS Issues Interim Rule in Response to State Medicaid Disenrollment Trend

When the COVID-19 Public Health Emergency (PHE) ended in April 2023, the Families First Coronavirus Response Act’s Medicaid continuous enrollment condition also came to an end. The condition had allowed states to claim a…more

Centers for Medicare & Medicaid Services (CMS), Comment Period, Consolidated Appropriations Act (CAA), Enrollment, FMAP

See all updates »

[Webinar] Global Impact: Adapting to the EU Artificial Intelligence Act - May 7th, 10:00 am - 11:00 am EDT

Please join Nelson Mullins and Pinsent Masons for a joint webinar discussing the EU Artificial Intelligence Act, the impact it will have on U.S. and European entities, and insights on how to comply with these regulations in the…more

Artificial Intelligence, Continuing Legal Education, EU, New Regulations, Webinars

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FDA Publishes Paper Detailing Actions It Intends to Take Regarding the Uses of AI Across the Medical Product Life Cycle

Artificial intelligence or AI isn’t going anywhere, and the FDA is the latest agency to recognize its potential to revolutionize healthcare by advancing medical product development, improving patient care, and expanding the…more

Artificial Intelligence, Food and Drug Administration (FDA), Health Care Providers, Healthcare, Life Sciences

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2023 Employee Benefit Plan Limits Announced by IRS

The IRS has released the 2023 cost-of-living adjustments for limits on employee benefits with some adjustments to the 2023 rates including minor increases to the maximum contributions allowed under Code Section 415 for defined…more

Compensation & Benefits, Cost-of-Living Adjustment (COLA), Defined Contribution Plans, Employee Benefits, Internal Revenue Code (IRC)

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[Webinar] FinTech University: FinTech and Sports - May 2nd, 2:00 pm - 3:00 pm EDT

Join us for the next edition of FinTech University as we focus on FinTech and Sports. This webinar will provide an overview of how FinTech and gaming intersect, including casino gaming, sports betting, and fantasy sports…more

Casinos, Continuing Legal Education, Fantasy Sports, Financial Services Industry, FinTech

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COVID-19 Relief: Schools Can Accept Gifts from E-Rate Service Providers for Limited Time

On March 18, 2020, the Federal Communication Commission (the “FCC”) waived the E-Rate program gift rule which bars service providers from gifting anything of value in excess of $20…more

Coronavirus/COVID-19, E-Rates, FCC, Infectious Diseases, Telecommunications

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Artificial Intelligence and Product Liability Law: Predicting Liability Risks Based on the Existing Regulatory and Legal Framework

U.S. Food and Drug Administration-approved artificial intelligence-based algorithms are rapidly growing in number. These algorithms are, for the most part, designed to help healthcare providers implement existing workflows more…more

Artificial Intelligence, Food and Drug Administration (FDA), Health Care Providers, Liability, Manufacturers

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Florida 'Live Local Act' Provides Incentives to Build Affordable and Workforce Housing

On March 29, 2023, Governor Ron DeSantis signed Senate Bill 102, otherwise known as the Live Local Act, into law, representing the largest investment for housing efforts in Florida history. For your convenience we have…more

Affordable Housing, Construction Project, Critical Infrastructure Sectors, Florida, Housing Market

See all updates »

2021 M&A Overview and 2022 M&A Outlook

2021 M&A Deal Activity – In the past year, deal making in the middle market set a historic pace. Private Equity firms closed an estimated 8,624 deals for a combined $1.2 trillion—around a 50% increase from previous annual…more

Acquisition Agreements, Business Valuations, Corporate Sales Transactions, Merger Agreements, Private Equity

See all updates »

Practice Pointer: Reliance on Bankruptcy Court Appointed Examiner’s Report—Not so Fast

You represent the unsecured creditors committee in a complex Chapter 11 case, where you have reason to believe that the debtor’s officers and directors have, and continue to, engage in self-dealing and are breaching their…more

Bankruptcy Code, Bankruptcy Court, Bankruptcy Trustees, Breach of Duty, Chapter 11

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What the FTC’s Rule Banning Non-Competes Means for Healthcare

The FTC unveiled its long-awaited final rule banning most non-compete agreements during a live broadcast of a Commission meeting on April 23, 2024. The proposed rule, which was first announced in January 2023, underwent an…more

Competition, Employer Liability Issues, Employer Responsibilities, Employment Contract, Federal Trade Commission (FTC)

See all updates »

Antitrust Enforcement Agencies Extend Comment Deadline on Proposed HSR Changes

As we reported on July 7, the Federal Trade Commission, with the concurrence of the U.S. Department of Justice, released a Notice of Proposed Rulemaking (NPRM) to overhaul the Hart-Scott-Rodino (HSR) Act of 1976’s premerger…more

Antitrust Provisions, Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Merger Controls

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Woel v. Christiana Trust, as Trustee – Rhode Island Supreme Court Requires Strict Compliance with Paragraph 22 Notices as Condition Precedent to Valid Foreclosure

The Rhode Island Supreme Court, in a matter of first impression, recently issued a decision in which it held that the notice of default must strictly comply with the requirements set forth in paragraph 22 of the mortgage…more

Foreclosure, Mortgages, RI Supreme Court

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Virginia Pipeline Ruling Could Have a Significant Impact on the Fight for Environmental Justice

The Lambert compressor station, a natural gas facility in rural Virginia, if approved, would extend the 303-mile Mountain Valley pipeline project by 75 miles into North Carolina. Opponents of the project argue that the proposed…more

Energy Projects, Energy Sector, Environmental Justice, Natural Gas, Pipelines

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Life After LIBOR: ARRC’s Recommended LIBOR Fallback Language

The Alternative Reference Rates Committee (“ARRC”) released its recommended LIBOR fallback language for floating rate notes, syndicated and bilateral business loans, and securitizations that reference LIBOR…more

Banking Sector, Banks, Interest Rates, Libor, UK

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CFPB Scrutinizes Inadequate Data Protection Measures

The Consumer Financial Protection Bureau (“CFPB”) recently issued Consumer Financial Protection Circular 2022-04, confirming its increased focus on financial companies that violate federal consumer financial protection law when…more

Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Consumer Information, Corporate Counsel, Cybersecurity

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[Webinar] Creating a Data Privacy & Security Playbook for 2024: An Overview of Compliance and Regulations, AI, and Data Breach Concerns - February 7th - 8th, 12:00 pm - 2:00 pm ET

Nelson Mullins invites you to the two-day webinar, Creating a Data Privacy & Security Playbook for 2024: An Overview of Compliance and Regulations, AI, and Data Breach Concerns, on Feb. 7 and 8 in honor of Privacy Day..…more

Artificial Intelligence, Continuing Legal Education, Cybersecurity, Data Breach, Data Privacy

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[Webinar] Building an Investable Business – Preparing Your Company Now for Successful Exit/Acquisition and Outside Investment - April 26th, 2:00 pm - 3:15 pm EDT

On Wednesday, April 26, 2023, Nelson Mullins Riley & Scarborough LLP is hosting a webinar titled, "Building an Investable Business – Preparing Your Company Now for Successful Exit/Acquisition and Outside Investment." Nelson…more

Acquisitions, Business Operations, Buyers, Capital Raising, Data Rights

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[Webinar] FinTech University: Wealth Preservation Planning Strategies - November 15th, 2:00 pm - 3:00 pm EDT

Join us for the next edition of FinTech University as we focus on wealth preservation. Experienced Nelson Mullins attorney Jonathan Gopman, along with David Warren at Bridgeford Trust Company, and Mark Sims at Captive…more

Continuing Legal Education, Financial Planning, Financial Services Industry, FinTech, Wealth Management

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Supreme Court Holds That Discriminatory Transfer Claims Under Title VII Do Not Require Proof of “Significant” Harm

Recently, the United States Supreme Court unanimously determined that under certain circumstances, an intra-company job transfer can form the basis for a discrimination claim under Title VII. This opinion alters the legal…more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Litigation

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No Harm, no Foul—With TransUnion v. Ramirez, the Supreme Court Holds that Article III Does not Permit a Damages Class Where Much of the Class Suffered no Injury

Or to put it in legalese—“no concrete harm, no standing.”  It does not get more simple than that.  On June 25, 2021, the U.S. Supreme Court decided Trans Union v. Ramirez (“Ramirez”), a case involving whether class members who…more

Article III, Class Action, Class Members, Credit Reporting Agencies, Credit Reports

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Build or Buy: New Observations Regarding a Key Choice for How to Start a “New” Bank

This is the third installment of our series evaluating the choice between starting a “new” bank through the de novo chartering process or purchasing an existing bank to implement the new business plan. Since we first wrote on…more

Banks, Financial Institutions, Financial Services Industry, National Bank Charters

See all updates »

What the FTC’s Rule Banning Non-Competes Means for Healthcare

The FTC unveiled its long-awaited final rule banning most non-compete agreements during a live broadcast of a Commission meeting on April 23, 2024. The proposed rule, which was first announced in January 2023, underwent an…more

Competition, Employer Liability Issues, Employer Responsibilities, Employment Contract, Federal Trade Commission (FTC)

See all updates »

New Qualified Opportunity Zones Guidance: Proposed Regulations and Revenue Ruling 2018-29

The United States Treasury Department (“Treasury”) issued proposed regulations (Prop. Reg. §1.1400Z-2) (the “Proposed Regulations”) on October 19, 2018, under Section 1400Z-2 of the Internal Revenue Code, as amended, (the…more

Capital Gains, Community Development, Economic Development, Internal Revenue Code (IRC), Investment Funds

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[Webinar] Brand Promotion 101: Marketing Compliance in the Digital World - April 23rd, 1:00 pm - 2:00 pm ET

Nelson Mullins invites you to join hosts John Heitmann and Joshua Guyan as they welcome Kelly Whitehart who will provide our communications, internet, and technology clients an overview of advertising and marketing issues…more

Advertising, Best Practices, Brand, Comparative Advertising, Contests & Promotions

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An Overview of the White House’s Executive Order on Safe, Secure and Trustworthy Artificial Intelligence and OMB’s Draft Memorandum from a Data Privacy Perspective

Overview of the Executive Order and OMB Memorandum - On October 30, 2023, President Joe Biden signed the much-anticipated Executive Order on Safe, Secure and Trustworthy Artificial Intelligence (AI)…more

Algorithms, Artificial Intelligence, Biden Administration, Cybersecurity, Data Privacy

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FEMA's Award of Billions in Aid to Puerto Rico Could be the Beginning of an Infrastructure and Manufacturing Expansion

The White House announced an $11.6 billion aid package to Puerto Rico on Sept. 18 to aid it in its recovery from Hurricane Maria, which devastated the island and its infrastructure in September 2017. The funds will be granted by…more

Disaster Aid, Electricity, Energy Sector, FEMA, Hurricane Maria

See all updates »

[Webinar] FinTech University: FinTech and Bankruptcy - April 4th, 2:00 pm - 3:00 pm EDT

Join us for the next edition of FinTech University as we focus on FinTech and Bankruptcy. This webinar will provide an overview of bankruptcy laws and how they affect the FinTech industry. Experienced Nelson Mullins…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Continuing Legal Education, Financial Services Industry

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Biden-Harris Administration Allocates Historic $3.3B for Community Reconnection Projects

The U.S. Department of Transportation announced $3.33 billion in grants for 132 projects to reconnect communities previously cut off by transportation infrastructure, addressing historic disparities. These initiatives, part of…more

Biden Administration, Construction Project, Department of Transportation (DOT), Federal Funding, Infrastructure

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Nelson Mullins Tax Report – Proposed Regulations on Information Reporting for Digital Asset Sales and Exchanges

On August 29, 2023, the Internal Revenue Service (IRS) issued new proposed regulations regarding reporting obligations for parties engaged in certain digital transactions.  The proposed regulations address the reporting…more

Brokers, Digital Assets, Financial Transactions, Internal Revenue Code (IRC), IRS

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What the FTC’s Rule Banning Non-Competes Means for Healthcare

The FTC unveiled its long-awaited final rule banning most non-compete agreements during a live broadcast of a Commission meeting on April 23, 2024. The proposed rule, which was first announced in January 2023, underwent an…more

Competition, Employer Liability Issues, Employer Responsibilities, Employment Contract, Federal Trade Commission (FTC)

See all updates »

[Hybrid Event] Tech & Law (R)evolution: Cutting Edge Practices for Business Transformation and Advancement - October 20th, Nashville, TN

With technology evolving at rapid speed, it is crucial to consider its role in your organization and how these advances impact your business. During the Tech & Law (R)evolution Conference, Nelson Mullins attorneys will…more

Artificial Intelligence, Bias, Business Development, Business Opportunities, Continuing Legal Education

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FDA Revises Guidance Concerning Scientific Communications to HCPs about Unapproved Uses of Approved/Cleared Medical Products

The U.S. Food and Drug Administration (FDA) issued a long-awaited revised draft guidance on October 23, 2023, which focuses on communications to healthcare providers (HCPs) regarding scientific information on unapproved uses of…more

Comment Period, FDA Approval, Federal Food Drug and Cosmetic Act (FFDCA), Food & Drug Regulations, Food and Drug Administration (FDA)

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Massachusetts Governor Baker Will Not Run For Re-Election

Massachusetts Governor Charlie Baker will not run for re-election in 2022 and his Lieutenant Governor, Karyn Polito, also announced she will not run for Governor. Baker will complete his second term, and eighth year, as…more

General Elections, Governor Baker, State and Local Government

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Free and Clear of Post-Petition Guarantor Liability—Not So Fast: A Bankruptcy Discharge May Not Apply to Post-petition Claims Arising Under Pre-petition Contracts

A somewhat common question that arises after a bankruptcy discharge is granted is whether post-petition liabilities are discharged under pre-petition agreements, like guaranties. To describe the issue in more digestible…more

Bankruptcy Code, Bankruptcy Court, Bankruptcy Discharge Order, Commercial Bankruptcy, Dischargeable Debts

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International Law Bulletin - Vol. 22, No. 9

INTERNATIONAL BUSINESS AND TRADE - Dispute Resolution - WTO: The U.S. filed an objection against China at the World Trade Organization (WTO) for the $7 billion worth of retaliatory levies against U.S. exports to China (34 ITR…more

CAATSA, China, Economic Sanctions, EU, Exports

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Massachusetts Commences Phased Reopening and Issues Sector-Specific Mandatory Safety Standards

Massachusetts has commenced “Phase 1” of its economic reopening plan, with staggered sector-specific reopenings beginning on May 18, 2020, followed by additional reopenings on May 25, 2020 and June 1, 2020. Massachusetts’…more

Business Operations, Coronavirus/COVID-19, Re-Opening Guidelines

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EPA Announces Important New Assumptions on Reviewing Chemical Use Under TSCA

The Environmental Protection Agency (EPA) announced on March 29 important updates on EPA’s New Chemicals Program under the Toxic Substances Control Act (TSCA). See attached link. This announcement highlights two important areas…more

Chemicals, Environmental Protection Agency (EPA), SNUR, Toxic Chemicals, Toxic Exposure

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Florida 'Live Local Act' Provides Incentives to Build Affordable and Workforce Housing

On March 29, 2023, Governor Ron DeSantis signed Senate Bill 102, otherwise known as the Live Local Act, into law, representing the largest investment for housing efforts in Florida history. For your convenience we have…more

Affordable Housing, Construction Project, Critical Infrastructure Sectors, Florida, Housing Market

See all updates »

[Webinar] Brand Promotion 101: Marketing Compliance in the Digital World - April 23rd, 1:00 pm - 2:00 pm ET

Nelson Mullins invites you to join hosts John Heitmann and Joshua Guyan as they welcome Kelly Whitehart who will provide our communications, internet, and technology clients an overview of advertising and marketing issues…more

Advertising, Best Practices, Brand, Comparative Advertising, Contests & Promotions

See all updates »

Telehealth Coverage Reinstated for HDHP/HSAs Effective April 1, 2022

The Consolidated Appropriations Act of 2022 (“2022 CAA”), which was recently signed into law, reinstates the exception that allows high deductible health plans (“HDHPs”) to waive all or a portion of participant cost-sharing for…more

Consolidated Appropriations Act (CAA), Cost-Sharing, Employee Benefits, HDHP, Health and Welfare Plans

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Eleventh Circuit Upholds Settlement Agreement Obtained Under Threat of Criminal Prosecution

It is widely known that federal law criminalizes certain bad acts in connection with bankruptcy cases. See 18 U.S.C. §§ 151—158. For example, 18 U.S.C. § 152 makes it a crime to, among other things, conceal bankruptcy estate…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Creditors, Criminal Prosecution

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SEC Adopts New Cybersecurity Disclosure Requirements

The Securities and Exchange Commission (“SEC”) adopted the final rules (the “Final Rules”) on July 26, 2023 that will require disclosure of material cybersecurity incidents, cybersecurity risk management, strategy, and…more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Data Security

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Metaverse Casinos: A Regulatory Wild West

A New World of Gaming - The metaverse is an immersive online universe on the blockchain where users interact with a multitude of digital worlds and with each other. As in the real world, the metaverse offers a wide variety of…more

Blockchain, Casinos, Cryptocurrency, Digital Assets, FinTech

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2021 M&A Overview and 2022 M&A Outlook

2021 M&A Deal Activity – In the past year, deal making in the middle market set a historic pace. Private Equity firms closed an estimated 8,624 deals for a combined $1.2 trillion—around a 50% increase from previous annual…more

Acquisition Agreements, Business Valuations, Corporate Sales Transactions, Merger Agreements, Private Equity

See all updates »

Nelson Mullins Tax Report – Senate Passes Inflation Reduction Act

On August 7, 2022, the Senate passed the budget reconciliation bill known as the Inflation Reduction Act. The legislation includes several key tax provisions, and addresses health insurance and prescription drug affordability,…more

Affordable Care Act, Alternative Minimum Tax, Biden Administration, Excise Tax, Investment Tax Credits

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Takeaways for Employers from SCOTUS's October 2022 Term - Part I, Groff v. DeJoy

On June 30, 2023, the United States Supreme Court ended its October 2022 term. Many of the Court’s decisions from this past term are likely to impact employers of all sizes. Accordingly, this post is the first in a limited blog…more

Civil Rights Act, De Minimus Doctrine, Employer Liability Issues, Groff v DeJoy, Reasonable Accommodation

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[Webinar] Creating a Data Privacy & Security Playbook for 2024: An Overview of Compliance and Regulations, AI, and Data Breach Concerns - February 7th - 8th, 12:00 pm - 2:00 pm ET

Nelson Mullins invites you to the two-day webinar, Creating a Data Privacy & Security Playbook for 2024: An Overview of Compliance and Regulations, AI, and Data Breach Concerns, on Feb. 7 and 8 in honor of Privacy Day..…more

Artificial Intelligence, Continuing Legal Education, Cybersecurity, Data Breach, Data Privacy

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Beth Huffman of Nelson Mullins on attracting, developing and retaining marketing talent - Passle CMO Series Podcast

In this episode of Passle's CMO Series podcast, Will Eke is joined by Beth Huffman, Director of Marketing at Nelson Mullins, to discuss how to approach talent as a marketing leader in a law firm. They cover: - The difference…more

Business Development, Employee Retention, Firm Leadership, Law Practice Management, Professional Development

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Is this the Final Nail in the Coffin of Employee Non-Compete Provisions?

Non-compete provisions are facing a targeted attack from the Federal Trade Commission (“FTC”) in its latest proposed rule issued on January 5, 2023.  The sweeping attack purports to supersede less-restrictive State laws and…more

Comment Period, Competition, Employment Contract, Federal Trade Commission (FTC), FTC Act

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[Hybrid Event] 2023 Value-Based Care Conference: Implementing Value-Based Strategies - November 2nd, Fort Lauderdale, FL

On Thursday November 2, Nelson Mullins will again host its annual and highly successful Value-Based Care Conference at the beautiful Tower Club in Fort Lauderdale. The keynote speaker will be Juliette Price, the Chief Solutions…more

Business Operations, Business Strategies, Continuing Legal Education, Events, Health Care Providers

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UPDATE: California Releases Guidance and Required Notices for 2022 COVID-19 Supplemental Paid Sick Leave

On the eve of enforcement, California’s Department of Industrial Relations (“DIR”) released FAQs and the required poster for the state’s 2022 COVID-19 Supplemental Paid Sick Leave (“SPSL”)…more

California, Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, Labor Reform

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Telehealth Coverage Reinstated for HDHP/HSAs Effective April 1, 2022

The Consolidated Appropriations Act of 2022 (“2022 CAA”), which was recently signed into law, reinstates the exception that allows high deductible health plans (“HDHPs”) to waive all or a portion of participant cost-sharing for…more

Consolidated Appropriations Act (CAA), Cost-Sharing, Employee Benefits, HDHP, Health and Welfare Plans

See all updates »

New York Employers Must Now Provide Paid Prenatal Leave

New York has become the first state in the nation to mandate paid prenatal leave for pregnant employees. Governor Kathy Hochul signed new legislation on April 22, 2024, to expand the New York Paid Family Leave Law (“NY PFL”) to…more

Equal Employment Opportunity Commission (EEOC), New York, Paid Leave, Parental Leave, Pregnancy

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[Webinar] Regulatory Lessons Learned (Hopefully).....or Not - June 16th, 1:00 pm - 2:00 pm EDT

Please join Nelson Mullins attorneys Cory Manning and John Jennings for a webinar to review lessons learned from 2008 and other recessions to keep you, your company, and clients away from litigation down the road. This is not…more

Audits, CARES Act, Continuing Legal Education, False Claims Act (FCA), Federal Loans

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Proposed DOL Overtime Rule Increasing the Minimum Salary Threshold for Exempt Employees Likely to Take Effect Later this Year

A Department of Labor (DOL) proposed rule increasing the minimum salary threshold for exempt employees is projected to change the exempt status of approximately 3.4 million employees and go into effect as early as June 2024…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Next Round of California Employer Deadline Alerts: Pay Reporting and Workplace Violence Prevention Plans

Fresh off this year’s Valentine’s Day deadline, employers with California workers have a new round of imminent compliance dates that require prompt attention. …more

Cal-OSHA, California, Data Collection, Deadlines, Equal Pay

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Gold Dome Report - Legislative Day 40 - March 2024

Legislative Day 40 is a roller coaster, full of ups, downs, and zero gravity turns (also known as conference committee reports). One goes from celebrating a bill achieving final passage to lamenting a measure being gutted — all…more

Educational Institutions, Elder Care, General Assembly, Georgia, Health Care Providers

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Treasury and IRS Release Guidance on Advanced Energy Project Credits, Direct Payment, and Transferability of Investment Tax Credits

The Treasury Department and Internal Revenue Service (IRS) have released Notice 2023-44 and proposed regulations to provide long-anticipated guidance on the application procedures for the Section 48C(e) credit and for the…more

Energy Projects, Energy Tax Incentives, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), Investment Tax Credits

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Restructuring Commercial Real Estate Leases in the COVID-19 Era

We are currently at the forefront of an economic downturn driven by conditions that none of us have experienced in our lifetimes. Unlike the “great recession” of 2008-2012 which was triggered by a systemic financial collapse,…more

Breach of Contract, Commercial Leases, Commercial Tenants, Contract Terms, Coronavirus/COVID-19

See all updates »

FTC Final Rule Banning Noncompetes Challenged in Court on Same Day

The Noncompete Rule - On April 23, 2024, the Federal Trade Commission (FTC), issued a Final Rule banning all noncompete agreements for any worker in the United States, regardless of industry, title, job function, or…more

Administrative Procedure Act, Chamber of Commerce, Competition, Constitutional Challenges, Employment Contract

See all updates »

The Fifth Circuit Joins the Eighth and Ninth Circuits in Holding that Avoidance Actions are Estate Property that may be Sold Pursuant to Section 363 of the Bankruptcy Code

In an opinion on January 22nd, the Fifth Circuit Court of Appeals, in Matter of S. Coast Supply Co., 91 F.4th 376 (5th Cir. 2024), held that preference claims arising under 11 U.S.C. § 547 may be sold, reversing the dismissal of…more

363 Sales, Bankrtupcy Code Section 550, Bankruptcy Code, Bankruptcy Court, Chapter 11

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Cleaning Up Cryptocurrency: U.S. Congress Investigates the Environmental Impact of Crypto Mining Setting the Stage for A New Frontier for Renewables – Green Cryptomining

The development of cryptocurrency and other popular blockchain applications have captured  the attention of energy and environmental policymakers, global economists, and renewables industry players.  Even as the value of…more

Bitcoin, Bitcoin Mining, Cryptocurrency, Decentralized Finance (DeFi), Digital Currency

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Fantasy Sports Operators Subject to New Massachusetts Tax

The recent passage of new emergency regulations clarifies contest operators’ responsibilities in the Commonwealth. The Massachusetts sports betting bill (“H.5164”) was signed into law in August 2022 by Governor Charlie Baker…more

Excise Tax, Fantasy Sports, FinTech, Gaming Commissions, New Regulations

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Build or Buy: New Observations Regarding a Key Choice for How to Start a “New” Bank

This is the third installment of our series evaluating the choice between starting a “new” bank through the de novo chartering process or purchasing an existing bank to implement the new business plan. Since we first wrote on…more

Banks, Financial Institutions, Financial Services Industry, National Bank Charters

See all updates »

Increase in NSF Fee Litigation

There has been an increase in class action lawsuits against banks and credit unions related to the manner in which non-sufficient funds fees (“NSF fees”) are assessed, including two recent class actions filed in the U.S…more

Banks, Credit Unions, Fees

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Bondholders Fail to Thwart Global Settlement Approval as Bankruptcy Estate’s Largest Creditor

As bankruptcy practitioners, we generally see proposed settlements get approved without objection. However, when objections are lodged, court involvement is necessitated. In this case, United States Bankruptcy Judge Elisabetta…more

Asset Purchase Agreements, Bankruptcy Code, Bankruptcy Court, Bondholders, Chapter 11

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[Webinar] FinTech University: Diversity in FinTech - September 5th, 2:00 pm - 3:00 pm EDT

Join us for the next edition of FinTech University as we focus on Diversity in FinTech. This webinar will examine diversity, equity and inclusion efforts within the FinTech industry. Experienced Nelson Mullins attorneys Erin…more

Banking Sector, Banks, Diversity, Diversity and Inclusion Standards (D&I), Financial Institutions

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Supreme Court Holds That Discriminatory Transfer Claims Under Title VII Do Not Require Proof of “Significant” Harm

Recently, the United States Supreme Court unanimously determined that under certain circumstances, an intra-company job transfer can form the basis for a discrimination claim under Title VII. This opinion alters the legal…more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Litigation

See all updates »

The Promise of Brain-Delivered Gene Therapy

Gene therapy aims to treat the underlying genetic cause of a disease rather than only the symptoms. It involves the delivery of properly functioning DNA into a patient’s genetic material to correct an underlying genetic problem…more

Biotechnology, Clinical Trials, DNA, Genetic Materials, Healthcare

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Changes (Maybe) to South Carolina Life Insurance Rescission Procedure

Changes may be on the horizon in South Carolina for the procedure for life insurers seeking to rescind policies based on material misrepresentations in the application. The South Carolina Legislature is considering adding a…more

Consumer Insurance Products, Insurance Reform, Insurance Regulations, Life Insurance, Rescission

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FTC and DOJ Update Guidance to Reinforce Preservation Obligations Regarding Messaging Applications and Tools

Anyone who has ever received a civil investigative demand, subpoena, second request, voluntary access letter, or other form of compulsory process from a federal antitrust regulator knows that the government’s standard definition…more

Antitrust Investigations, Antitrust Violations, Civil Investigation Demand, Department of Justice (DOJ), Electronic Communications

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COVID-19 Impacts on Immigration

U.S. Citizenship and Immigration Services continues to monitor the Coronavirus outbreak. The Nelson Mullins immigration team of attorneys has assembled some of the key developments so far…more

Coronavirus/COVID-19, Form I-9, H-1B, Immigrants, Immigration Procedures

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Florida 'Live Local Act' Provides Incentives to Build Affordable and Workforce Housing

On March 29, 2023, Governor Ron DeSantis signed Senate Bill 102, otherwise known as the Live Local Act, into law, representing the largest investment for housing efforts in Florida history. For your convenience we have…more

Affordable Housing, Construction Project, Critical Infrastructure Sectors, Florida, Housing Market

See all updates »

Dead Canary in the LBRY - Federal Judge Grants SEC’s Motion, Rules Digital Asset Is a Security

In a case watched by companies that offered and sold digital assets Federal District Court Judge Paul Barbadoro recently granted summary judgment for the Securities and Exchange Commission (“SEC”) against LBRY, Inc. This case is…more

Cryptocurrency, Digital Assets, FinTech, Howey, Investment Contract

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[Event] Women in FinTech (“WinFin2022”) - March 31st, Miami, FL

Join Nelson Mullins’s Women in FinTech (“WinFin”) Group for the inaugural WinFin Conference. The panel of nationally recognized thought leaders will share insights on FinTech’s global development. As we celebrate Women's History…more

Banking Sector, Blockchain, Cryptocurrency, Digital Assets, Digital Currency

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[Webinar] FinTech University: FinTech and Employment Law - May 7th, 2:00 pm - 3:00 pm EDT

Join us for the next edition of FinTech University as we focus on FinTech and employment law. This webinar will examine ways that the FinTech industry intersects with employment law and what employers need to know when utilizing…more

Continuing Legal Education, Employer Liability Issues, Financial Services Industry, FinTech, Labor Regulations

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5th Circuit Rejects Request from United Airlines Employees to Block Company’s COVID-19 Vaccine Mandate

In a decision from the New Orleans-based Fifth Circuit, in a bid to block the company’s COVID-19 vaccine mandate, a divided court rejected an emergency request for an injunction from United Airlines employees. The request came…more

Coronavirus/COVID-19, Employer Mandates, United Airlines, Vaccinations

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If You Can’t Say Something Nice (About the SEC), Don’t Say Anything at All

The SEC’s so-called “gag rule” — which prevents a defendant settling with the SEC from denying the SEC’s allegations — has recently come under fire. Recently the Fifth Circuit heard oral arguments in the SEC v. Novinger case…more

Chevron Deference, Enforcement Actions, Financial Industry Regulatory Authority (FINRA), Gag Rule, Securities and Exchange Commission (SEC)

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If You Can’t Say Something Nice (About the SEC), Don’t Say Anything at All

The SEC’s so-called “gag rule” — which prevents a defendant settling with the SEC from denying the SEC’s allegations — has recently come under fire. Recently the Fifth Circuit heard oral arguments in the SEC v. Novinger case…more

Chevron Deference, Enforcement Actions, Financial Industry Regulatory Authority (FINRA), Gag Rule, Securities and Exchange Commission (SEC)

See all updates »

Restructuring Commercial Real Estate Leases in the COVID-19 Era

We are currently at the forefront of an economic downturn driven by conditions that none of us have experienced in our lifetimes. Unlike the “great recession” of 2008-2012 which was triggered by a systemic financial collapse,…more

Breach of Contract, Commercial Leases, Commercial Tenants, Contract Terms, Coronavirus/COVID-19

See all updates »

Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act Provides Additional Funding to Small Businesses Under the Paycheck Protection Program

In response to the continued market disruption and economic impact of the COVID-19 pandemic, Congress passed the Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act, or the Act, on December 21, 2020 as a part of…more

Borrowers, Coronavirus/COVID-19, Loans, Nonprofits, Paycheck Protection Program (PPP)

See all updates »

FTC Final Rule Banning Noncompetes Challenged in Court on Same Day

The Noncompete Rule - On April 23, 2024, the Federal Trade Commission (FTC), issued a Final Rule banning all noncompete agreements for any worker in the United States, regardless of industry, title, job function, or…more

Administrative Procedure Act, Chamber of Commerce, Competition, Constitutional Challenges, Employment Contract

See all updates »

FEMA's Award of Billions in Aid to Puerto Rico Could be the Beginning of an Infrastructure and Manufacturing Expansion

The White House announced an $11.6 billion aid package to Puerto Rico on Sept. 18 to aid it in its recovery from Hurricane Maria, which devastated the island and its infrastructure in September 2017. The funds will be granted by…more

Disaster Aid, Electricity, Energy Sector, FEMA, Hurricane Maria

See all updates »

Alert from Nelson Mullins' Private Wealth Services Group

The COVID-19 outbreak has changed the world in unprecedented ways. Now more than ever, it is important to make sure that you and your loved ones have a complete estate plan in place…more

Estate Planning, Living Will, Power of Attorney, Trusts, Wills

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CMS Issues Interim Rule in Response to State Medicaid Disenrollment Trend

When the COVID-19 Public Health Emergency (PHE) ended in April 2023, the Families First Coronavirus Response Act’s Medicaid continuous enrollment condition also came to an end. The condition had allowed states to claim a…more

Centers for Medicare & Medicaid Services (CMS), Comment Period, Consolidated Appropriations Act (CAA), Enrollment, FMAP

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[Webinar] Creating a Data Privacy & Security Playbook for 2024: An Overview of Compliance and Regulations, AI, and Data Breach Concerns - February 7th - 8th, 12:00 pm - 2:00 pm ET

Nelson Mullins invites you to the two-day webinar, Creating a Data Privacy & Security Playbook for 2024: An Overview of Compliance and Regulations, AI, and Data Breach Concerns, on Feb. 7 and 8 in honor of Privacy Day..…more

Artificial Intelligence, Continuing Legal Education, Cybersecurity, Data Breach, Data Privacy

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Bondholders Fail to Thwart Global Settlement Approval as Bankruptcy Estate’s Largest Creditor

As bankruptcy practitioners, we generally see proposed settlements get approved without objection. However, when objections are lodged, court involvement is necessitated. In this case, United States Bankruptcy Judge Elisabetta…more

Asset Purchase Agreements, Bankruptcy Code, Bankruptcy Court, Bondholders, Chapter 11

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Tax Provisions of the Coronavirus Aid, Relief, and Economic Security Act

Following nearly a week of intense negotiations, the Senate passed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act” or the “Act”) on March 25, and the House passed the Act and the President signed the Act…more

401k, CARES Act, Charitable Donations, Coronavirus/COVID-19, Federal Taxes

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[Webinar] Regulatory Lessons Learned (Hopefully).....or Not - June 16th, 1:00 pm - 2:00 pm EDT

Please join Nelson Mullins attorneys Cory Manning and John Jennings for a webinar to review lessons learned from 2008 and other recessions to keep you, your company, and clients away from litigation down the road. This is not…more

Audits, CARES Act, Continuing Legal Education, False Claims Act (FCA), Federal Loans

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FTC Proposes to Vastly Expand the Health Breach Notification Rule

The Federal Trade Commission (FTC) recently proposed changes to the Health Breach Notification Rule (Rule), enacted in 2009, to clarify that the Rule applies directly to an estimated 170,000 health and wellness mobile…more

Breach Notification Rule, Data Breach, Data Protection, Data Security, Digital Health

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SEC Issues New C&DIs Regarding Form 10-K “Clawback” Checkboxes

The U.S. Securities and Exchange Commission’s (SEC) Division of Corporation Finance recently released updates to several Compliance & Disclosure Interpretations (C&DIs) related to the SEC’s recently adopted rules directing…more

C&DIs, Clawbacks, Corporate Governance, Financial Reporting, Form 10-K

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Florida 'Live Local Act' Provides Incentives to Build Affordable and Workforce Housing

On March 29, 2023, Governor Ron DeSantis signed Senate Bill 102, otherwise known as the Live Local Act, into law, representing the largest investment for housing efforts in Florida history. For your convenience we have…more

Affordable Housing, Construction Project, Critical Infrastructure Sectors, Florida, Housing Market

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Commercial Leases and COVID-19: Key Considerations for Landlords and Tenants

The COVID-19 pandemic has wreaked havoc on industries across the globe. Emergency and shelter-in-place orders designed to slow or stop its spread have disrupted peoples’ lives and livelihoods. Non-essential businesses across the…more

Commercial Leases, Coronavirus/COVID-19, Eviction, Landlords, Rent

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Supreme Court’s Pro-LGBTQ Ruling: What It Means and Related Legislative Solutions

In Bostock v. Clayton County, Ga., the U.S. Supreme Court (SCOTUS) changed the face of LGBTQ civil rights across the country. The landmark 6-3 decision confirms that Title VII of the 1964 Civil Rights Act prohibits employment…more

Altitude Express Inc v Zarda, Bostock v Clayton County Georgia, Civil Rights Act, EEOC v RG & GR Harris Funeral Homes, Employer Liability Issues

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SEC Adopts Its New Private Funds Adviser Rules - Final Rules Create New Requirements for Private Fund Advisers

The U.S. Securities and Exchange Commission (the “SEC”) adopted and published its Final Rule Release IA-6383 under the Investment Advisers Act of 1940 (the “Advisers Act”) on August 23, 2023. These rules (the “Final Rules”) are…more

Final Rules, Financial Services Industry, Investment, Investment Adviser, Investment Advisers Act of 1940

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Health Care Companies Face Financial Strain from Data Breaches

The intersection of health and bankruptcy law could not be more pronounced in the event of a cataclysmic event. A cyberattack is such an event. Following the cyberattack on Colonial Pipeline, which led to a multiday shutdown of…more

Cyber Attacks, Cybersecurity, Data Breach, Electronic Medical Records, Electronic Protected Health Information (ePHI)

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NFTs Found to Infringe Hermès Trademark

In a case with clear implications for non-fungible token art-based projects, a federal jury in the case of Hermès International, et al. v. Mason Rothschild, 1:22-cv-00384 (SDNY), found in favor of fashion brand Hermès in its…more

Artistic Works, Cybersquatting, Digital Assets, Dilution, Fashion Branding

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DOJ, CFPB Warn Auto Finance Companies about Servicemember Protections

The U.S. Department of Justice (“DOJ”) and the Consumer Finance Protection Bureau (“CFPB”) issued a joint letter reminding the auto finance industry to enforce certain interest rate restrictions and other consumer protection…more

Automotive Industry, Automotive Loans, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders

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Increase in NSF Fee Litigation

There has been an increase in class action lawsuits against banks and credit unions related to the manner in which non-sufficient funds fees (“NSF fees”) are assessed, including two recent class actions filed in the U.S…more

Banks, Credit Unions, Fees

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Learning Hertz – Best Practices for Public Corporations Implementing or Updating Clawback Policies

As public corporations adopt clawback policies for incentive payments before the December 1, 2023 deadline in adherence to the NASDAQ and NYSE listing requirements following implementation of SEC Rule 10D-1, a recent Federal…more

Clawbacks, Corporate Counsel, Corporate Governance, Executive Compensation, Hertz

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Condominium Law Changes Resulting from the Collapse of the Champlain Towers South

On June 9, 2023, Governor DeSantis signed into law Senate Bill 154 (SB 154, also known as the “Glitch Bill”), which previously passed unanimously in both chambers of the Florida legislature in early May…more

Condominiums, Construction Defects, Florida, Infrastructure, New Legislation

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CFPB’s Administrative Changes to Enforcement Raise Industry Concerns

Consumer finance industry groups are sounding an alarm about what they see as a power grab at the Consumer Financial Protection Bureau (the “CFPB”) that risks exacerbating the agency's advantage in its in-house enforcement…more

Adjudicatory Process, Administrative Proceedings, Consumer Financial Protection Bureau (CFPB), Dodd-Frank, Enforcement Actions

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FCC CPNI Certification and Privacy Rules Update

Dear Clients and Friends, As a reminder, telecommunications carriers and interconnected Voice over Internet Protocol (VoIP) providers are obligated to file their annual certification documenting compliance with the Customer…more

Broadband, Consumer Information, Customer Proprietary Network Information (CPNI), Data Privacy, Data Security

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[Hybrid Event] 2023 Value-Based Care Conference: Implementing Value-Based Strategies - November 2nd, Fort Lauderdale, FL

On Thursday November 2, Nelson Mullins will again host its annual and highly successful Value-Based Care Conference at the beautiful Tower Club in Fort Lauderdale. The keynote speaker will be Juliette Price, the Chief Solutions…more

Business Operations, Business Strategies, Continuing Legal Education, Events, Health Care Providers

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Build or Buy: New Observations Regarding a Key Choice for How to Start a “New” Bank

This is the third installment of our series evaluating the choice between starting a “new” bank through the de novo chartering process or purchasing an existing bank to implement the new business plan. Since we first wrote on…more

Banks, Financial Institutions, Financial Services Industry, National Bank Charters

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Bankruptcy and Baseball: An Uncertain Media Landscape

April is synonymous with so many things – spring flowers, the Masters Tournament in Augusta, Georgia, and of course, the return of America’s pastime, Major League Baseball (MLB).  However, MLB fans of several teams are likely…more

Baseball, Broadcasting, Chapter 11, Commercial Bankruptcy, Creditors

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THE SCRIVENER - Accent on Writing: Diacritics

My mother was a French teacher, and after I made a “C” in my French class in the seventh grade, thus thoroughly embarrassing the family (well, only Momma was embarrassed, but she was embarrassed enough for the whole family), she…more

Client Services, Contract Drafting, Contract Formation, Legal Project Management, Legal Writing

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[Webinar] Creating a Data Privacy & Security Playbook for 2024: An Overview of Compliance and Regulations, AI, and Data Breach Concerns - February 7th - 8th, 12:00 pm - 2:00 pm ET

Nelson Mullins invites you to the two-day webinar, Creating a Data Privacy & Security Playbook for 2024: An Overview of Compliance and Regulations, AI, and Data Breach Concerns, on Feb. 7 and 8 in honor of Privacy Day..…more

Artificial Intelligence, Continuing Legal Education, Cybersecurity, Data Breach, Data Privacy

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Massachusetts Legislature Passes Legislation Allowing Use of Virtual Notarization During COVID-19 Pandemic

After some delay, on April 23, 2020, the Massachusetts Senate and House passed emergency legislation that allows for notaries public to use electronic videoconferencing to perform acknowledgements, affirmations, and other…more

Electronic Notarization Standard, Governor Baker, Notarization, Public Notaries, Videoconference

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[Hybrid Event] 2023 Value-Based Care Conference: Implementing Value-Based Strategies - November 2nd, Fort Lauderdale, FL

On Thursday November 2, Nelson Mullins will again host its annual and highly successful Value-Based Care Conference at the beautiful Tower Club in Fort Lauderdale. The keynote speaker will be Juliette Price, the Chief Solutions…more

Business Operations, Business Strategies, Continuing Legal Education, Events, Health Care Providers

See all updates »

Artificial Intelligence and Product Liability Law: Predicting Liability Risks Based on the Existing Regulatory and Legal Framework

U.S. Food and Drug Administration-approved artificial intelligence-based algorithms are rapidly growing in number. These algorithms are, for the most part, designed to help healthcare providers implement existing workflows more…more

Artificial Intelligence, Food and Drug Administration (FDA), Health Care Providers, Liability, Manufacturers

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An Overview of the White House’s Executive Order on Safe, Secure and Trustworthy Artificial Intelligence and OMB’s Draft Memorandum from a Data Privacy Perspective

Overview of the Executive Order and OMB Memorandum - On October 30, 2023, President Joe Biden signed the much-anticipated Executive Order on Safe, Secure and Trustworthy Artificial Intelligence (AI)…more

Algorithms, Artificial Intelligence, Biden Administration, Cybersecurity, Data Privacy

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South Carolina Sunsets Certificate of Need Law

On May 3, 2023, the South Carolina General Assembly passed S.164 which overhauled the state’s Certificate of Need (CON) law. The bill was signed by Governor McMaster on May 16, 2023 and is now in effect…more

Ambulatory Surgery Centers, Certificate of Need, Health Care Providers, Healthcare, Healthcare Facilities

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Managing the Impacts of the Change Healthcare Cyberattack

UnitedHealth Group (“UHC”) announced on April 22, 2024, that it had paid a ransom to protect patient data potentially acquired in a late February cyberattack on its subsidiary Change Healthcare (“CHC”). In its announcement, UHC…more

Cyber Attacks, Cybersecurity, Data Breach, Department of Health and Human Services (HHS), Employee Retirement Income Security Act (ERISA)

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New Year Brings Extension of California’s Ban on Non-Competes

On Sept. 1, 2023, California enacted a new law (SB 699, to be codified at Cal. Bus. & Prof. Code sec. 16600.5) reiterating its non-compete ban contained in Section 16600 that is effective Jan. 1, 2024.  New Section 16600.5…more

Competition, Confidential Information, Contract Terms, Employer Liability Issues, Employment Contract

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[Webinar] FinTech University: FinTech and Bank Regulations - March 5th, 2:00 pm - 3:00 pm EST

Join us for the next edition of FinTech University as we focus on FinTech and bank regulations. This webinar will examine how bank regulations affect the FinTech industry (and vice versa), and what banks need to know when they…more

Banking Sector, Banks, Continuing Legal Education, Financial Regulatory Agencies, Financial Services Industry

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The SEC’s New Clawback Rules: Things to Know as the Deadline to Adopt Compliant Policies Approaches

Companies listed on the New York Stock Exchange (NYSE) and Nasdaq have until Dec. 1, 2023, to adopt clawback policies that comply with the listing standards mandated by the Securities and Exchange Commission (SEC) in Rule 10D-1…more

Clawbacks, Corporate Governance, Disclosure Requirements, Executive Compensation, Financial Reporting

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Hardly Child’s Play: North Carolina Joins the Growing Number of States With a FinTech Regulatory Sandbox.

The rapid development of new technology impacts every industry, but regulators are paying significant attention to the current disruption of the financial services and FinTech industry. This is particularly true in the crypto…more

Financial Services Industry, FinTech, Innovative Technology, Sandbox

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[Webinar] FinTech University: Potential White Collar Issues - June 14th, 2:00 pm - 3:00 pm EDT

Join us for the next edition of FinTech University as we focus on potential white collar issues in the FinTech industry. Experienced white collar attorneys Matthew Lindenbaum and Rob Lindholm along with commercial and securities…more

Continuing Legal Education, Financial Services Industry, FinTech, Webinars, White Collar Crimes

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PLAC MDL Task Force Comment Letter to MDL Subcommittee of the Advisory Committee on Civil Rules

As an organization representing many target defendants in mass tort MDLs, including some of the largest MDLs on the federal docket, the Product Liability Advisory Council is uniquely positioned to serve as a voice for the…more

Class Action, Defense Strategies, Healthcare, Joint Task Force, Life Sciences

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SEC Modernizes Regulation S-K Disclosure Requirements

On August 26th, the Securities and Exchange Commission (SEC) adopted amendments to Item 101 (Description of Business), Item 103 (Legal Proceedings), and Item 105 (Risk Factors) of Regulation S-K as part of its overall initiative…more

Disclosure Requirements, Investors, Public Comment, Regulation S-K, Risk Factors

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Delaware’s Duty of Oversight Applies to Corporate Officers

In a recent decision, the Delaware Court of Chancery determined for the first time that corporate officers owe a duty of oversight under Delaware Law. The case, In re McDonald’s Corporation Stockholder Derivative Litigation,…more

Board of Directors, Breach of Duty, Caremark claim, Corporate Culture, Corporate Officers

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Treasury and IRS Release Guidance on Advanced Energy Project Credits, Direct Payment, and Transferability of Investment Tax Credits

The Treasury Department and Internal Revenue Service (IRS) have released Notice 2023-44 and proposed regulations to provide long-anticipated guidance on the application procedures for the Section 48C(e) credit and for the…more

Energy Projects, Energy Tax Incentives, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), Investment Tax Credits

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New Paid Leave Requirements for Employees Working from Home in the City of Los Angeles

In the past few weeks, employers across the country have made staggering efforts to pivot business models and adjust to a new social, economic, and professional environment. For many employers, this now includes the need to take…more

Coronavirus/COVID-19, Employer Responsibilities, Mayor Garcetti, Paid Leave, Remote Working

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South Carolina Fetal Heartbeat and Protection from Abortion Act Passed and Immediate Legal Challenges Followed

On May 25, 2023, Governor McMaster signed Senate Bill 474, effectuating the General Assembly’s second attempt at the Fetal Heartbeat and Protection from Abortion Act (the “Act”), which generally prohibits abortion at any point…more

Abortion, Healthcare, Injunctions, Patient Access, Planned Parenthood

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Potential Nitrosamine Contamination Results in Another Voluntary Pharmaceutical Recall

On March 22, 2023, at the request of the U.S. Food and Drug Administration (“FDA”), Ascend Laboratories LLC. (“Ascend”) issued a voluntary nationwide recall of certain lots of Dabigatran Etexilate Capsules, a blood thinner…more

Food & Drug Regulations, Food and Drug Administration (FDA), Healthcare, Life Sciences, Pharmaceutical Industry

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North Carolina Health Planning Update for 2024: Summer Petitions Have Been Filed

As we reported last month, the draft 2024 State Medical Facilities Plan (SMFP) was released on July 3, 2023. The SMFP is North Carolina’s key health planning document in which the State publishes need determinations for health…more

Acute Facilities, Certificate of Need, Health Care Providers, Healthcare, Healthcare Facilities

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UPDATE: FinCEN Issues Notice Regarding the Alabama District Court’s Order Declaring the U.S. Corporate Transparency Act Unconstitutional; CTA Requirements and FinCEN Enforcement Continue to Apply to Entities That are not Parties to the Alabama Case

In a notice issued by FinCEN on March 4, 2024, the regulator advised that it will “comply with the court’s order for as long as it remains in effect” and will not enforce the CTA against the named plaintiffs in the instant…more

Beneficial Owner, Business Ownership, Compliance, Corporate Transparency Act, Enforcement

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40 Years After Vincent Chin

2022 marks 40 years since Vincent Chin’s brutal murder. The legal injustice that ensued from Chin’s death compelled the Asian American community into action and served as the impetus for Asian American activism. …more

Criminal Investigations, Federal Sentencing Guidelines, Hate Crimes, Manslaughter, Murder

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FTC and DOJ Update Guidance to Reinforce Preservation Obligations Regarding Messaging Applications and Tools

Anyone who has ever received a civil investigative demand, subpoena, second request, voluntary access letter, or other form of compulsory process from a federal antitrust regulator knows that the government’s standard definition…more

Antitrust Investigations, Antitrust Violations, Civil Investigation Demand, Department of Justice (DOJ), Electronic Communications

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Woel v. Christiana Trust, as Trustee – Rhode Island Supreme Court Requires Strict Compliance with Paragraph 22 Notices as Condition Precedent to Valid Foreclosure

The Rhode Island Supreme Court, in a matter of first impression, recently issued a decision in which it held that the notice of default must strictly comply with the requirements set forth in paragraph 22 of the mortgage…more

Foreclosure, Mortgages, RI Supreme Court

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Penalty Guidelines Issued for Medicare Secondary Payer “MMSEA” Reporting

After years of review the federal government has issued proposed regulations for assessing Medicare Secondary Payer (MSP) reporting penalties…more

Health Care Providers, Medicare, Penalties

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FDA Establishes Public Docket Soliciting Comments on Nitrosamine Drug Substance-Related Impurities

The U.S. Food and Drug Administration (FDA) announced the establishment of a docket requesting public comments on the identification, assessment, and control of N-nitrosamine drug substance-related impurities (NDSRIs) in drug…more

Comment Period, Food & Drug Regulations, Food and Drug Administration (FDA), Healthcare, Life Sciences

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DOJ, CFPB Warn Auto Finance Companies about Servicemember Protections

The U.S. Department of Justice (“DOJ”) and the Consumer Finance Protection Bureau (“CFPB”) issued a joint letter reminding the auto finance industry to enforce certain interest rate restrictions and other consumer protection…more

Automotive Industry, Automotive Loans, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders

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NEWMOA Releases First-of-its-kind PFAS Regional Draft Model Legislation for Public Comment

The Northeast Waste Management Officials’ Association (NEWMOA), a non-profit interstate association composed of members from environmental agencies in seven northeastern states, recently published draft model legislation that…more

Comment Period, Environmental Policies, Hazardous Substances, PFAS, Product Labels

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Poloniex, LLC Settles with the SEC

The SEC announced today that it reached a settlement with Poloniex, LLC (“Poloniex”), in connection with the SEC’s inquiry that began back in December 2017 into whether Poloniex operated an exchange under federal securities laws…more

Enforcement Actions, Securities and Exchange Commission (SEC), Settlement

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FCC CPNI Certification and Privacy Rules Update

Dear Clients and Friends, As a reminder, telecommunications carriers and interconnected Voice over Internet Protocol (VoIP) providers are obligated to file their annual certification documenting compliance with the Customer…more

Broadband, Consumer Information, Customer Proprietary Network Information (CPNI), Data Privacy, Data Security

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Nelson Mullins Tax Report – Proposed Regulations on Information Reporting for Digital Asset Sales and Exchanges

On August 29, 2023, the Internal Revenue Service (IRS) issued new proposed regulations regarding reporting obligations for parties engaged in certain digital transactions.  The proposed regulations address the reporting…more

Brokers, Digital Assets, Financial Transactions, Internal Revenue Code (IRC), IRS

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SEC and State Securities Administrators Release Joint Statement on Opportunity Zone Investments

On July 15, 2019, the SEC staff and the North American Securities Administrators Association (NASAA, a 50-state association of securities administrators) released a joint statement regarding the federal opportunity zone program…more

NASAA, Opportunity Zones, Qualified Opportunity Funds, Regulation D, Securities and Exchange Commission (SEC)

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ABI’s Subchapter V Task Force Releases Final Report on Subchapter V Recommendations

Congress enacted the Small Business Reorganization Act of 2019 (“SBRA”) on August 23, 2019, to facilitate the reorganization of smaller business debtors in the United States. The SBRA, codified as Subchapter V of Chapter 11 of…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Debtors, Reorganizations

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New Federal “M&A Broker” Exemption From SEC Registration in Certain Securities Transactions

President Biden signed, on December 29, 2022, the Consolidated Appropriations Act, 2023, H.R. 2617 (the “2023 Act”). The 2023 Act amends the Securities Exchange Act of 1934 (the "Exchange Act") to exempt certain "M&A brokers",…more

Acquisition Agreements, Biden Administration, Broker-Dealer, Brokers, Consolidated Appropriations Act (CAA)

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Gold Dome Report - Legislative Day 40 - March 2024

Legislative Day 40 is a roller coaster, full of ups, downs, and zero gravity turns (also known as conference committee reports). One goes from celebrating a bill achieving final passage to lamenting a measure being gutted — all…more

Educational Institutions, Elder Care, General Assembly, Georgia, Health Care Providers

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Helms-Burton Comes to Life

As has been widely reported in the world press, since May 2, 2019, Title III of the Helms-Burton Act, enacted in 1996, has been in effect.  As more fully described below, this statute allows certain persons who have done…more

Blocking Statutes, Confiscated Property, Cuba, Helms-Burton Act, Sanction Suspensions

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SEC Adopts Its New Private Funds Adviser Rules - Final Rules Create New Requirements for Private Fund Advisers

The U.S. Securities and Exchange Commission (the “SEC”) adopted and published its Final Rule Release IA-6383 under the Investment Advisers Act of 1940 (the “Advisers Act”) on August 23, 2023. These rules (the “Final Rules”) are…more

Final Rules, Financial Services Industry, Investment, Investment Adviser, Investment Advisers Act of 1940

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Sports Betting Launches in Massachusetts Just in Time for the Superbowl and March Madness

Almost five years since the repeal of the Professional and Amateur Sports Protection Act of 1992 (PASPA), Massachusetts has become the 33rd state to accept sports wagers. Last August, Governor Baker signed An Act to Regulate…more

Casinos, Gambling, New Regulations, Online Gaming, Sports Betting

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Concerns for Manufacturers During COVID-19 Pandemic

As the world faces the unprecedented spread of the COVID-19 virus, essential resources such as hand sanitizer, face masks, medical gowns, and ventilators are suddenly in short supply. In response to the dwindling availability of…more

Coronavirus/COVID-19, Food and Drug Administration (FDA), Manufacturers, Medical Equipment, Medical Supplies

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Notice of Waiver of Patent-Related Timing Deadlines at the USPTO under The Coronavirus Aid, Relief and Economic Security Act

On Tuesday, March 31st, the USPTO announced extensions for certain patent and trademark related documents and fees in response to the COVID-19 outbreak. The Nelson Mullins Intellectual Property Group continues to monitor on an…more

Coronavirus/COVID-19, Deadlines, Filing Deadlines, Patents, Relief Measures

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FTC and DOJ Update Guidance to Reinforce Preservation Obligations Regarding Messaging Applications and Tools

Anyone who has ever received a civil investigative demand, subpoena, second request, voluntary access letter, or other form of compulsory process from a federal antitrust regulator knows that the government’s standard definition…more

Antitrust Investigations, Antitrust Violations, Civil Investigation Demand, Department of Justice (DOJ), Electronic Communications

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Supreme Court Holds That Discriminatory Transfer Claims Under Title VII Do Not Require Proof of “Significant” Harm

Recently, the United States Supreme Court unanimously determined that under certain circumstances, an intra-company job transfer can form the basis for a discrimination claim under Title VII. This opinion alters the legal…more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Litigation

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Florida Gun Law Bars Employers from Conditioning Employment on Carry Authorization

The Florida legislator recently enacted House Bill 543, which authorized concealed carry of weapons or firearms (with or without a license to carry). The law becomes effective on July 1, 2023. Under the law, employers cannot..…more

Concealed Carry Permit, Concealed Weapons, Employee Handbooks, Employer Liability Issues, Employer No-Weapons Policies

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Trump Administration Delays Collection of (Some) Tariffs for 90 Days

Please be advised of a recent joint announcement from Department of the Treasury/U.S. Customs and Border Protection regarding a Temporary Final Rule (the “Rule”) suspending the deposit of certain estimated import duties…more

Coronavirus/COVID-19, Customs and Border Protection, Delays, Imports, Tariffs

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UPDATE: California Court Says Second State Board Diversity Law Is Unconstitutional

California courts have now struck down the second of the state’s two board diversity laws as unconstitutional.  The recent decision affects California's gender diversity requirement for certain boards of directors.  In April, AB…more

Board of Directors, California, Constitutional Challenges, Corporate Governance, Diversity and Inclusion Standards (D&I)

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Alert from Nelson Mullins' Private Wealth Services Group

The COVID-19 outbreak has changed the world in unprecedented ways. Now more than ever, it is important to make sure that you and your loved ones have a complete estate plan in place…more

Estate Planning, Living Will, Power of Attorney, Trusts, Wills

See all updates »

An Assessment of FinCEN’s Uniform Beneficial Ownership Information Reporting Rules

The U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN) issued final rules on Sept. 30, 2022, implementing Section 6403 of the Corporate Transparency Act, also called the BOI Rules…more

Banks, Beneficial Owner, Final Rules, Financial Crimes, Financial Institutions

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[Webinar] Reassessing Compliance in a Pandemic Environment - April 8th, 12:30 pm - 1:30 pm EDT

Join Nelson Mullins attorneys Bart Daniel, Sam Rosenthal, and Matt Austin as well as Truist's Executive Vice President of Financial Crimes Rick Small for a comprehensive guide to auditing your corporate compliance program to…more

Chief Compliance Officers, Compliance, Compliance Monitoring, Coronavirus/COVID-19, Webinars

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Delaware’s Duty of Oversight Applies to Corporate Officers

In a recent decision, the Delaware Court of Chancery determined for the first time that corporate officers owe a duty of oversight under Delaware Law. The case, In re McDonald’s Corporation Stockholder Derivative Litigation,…more

Board of Directors, Breach of Duty, Caremark claim, Corporate Culture, Corporate Officers

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U.S. Regulators File Complaints for Digital Asset Market Manipulation and Misappropriation

The U.S. Commodity Futures Trading Commission (CFTC) filed a complaint on Jan. 9, 2023, in the U.S. District Court for the Southern District of New York against Avraham Eisenberg. The U.S. Securities and Exchange Commission…more

CFTC, Commodity Exchange Act (CEA), Cryptocurrency, Derivatives, Digital Assets

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Build or Buy: New Observations Regarding a Key Choice for How to Start a “New” Bank

This is the third installment of our series evaluating the choice between starting a “new” bank through the de novo chartering process or purchasing an existing bank to implement the new business plan. Since we first wrote on…more

Banks, Financial Institutions, Financial Services Industry, National Bank Charters

See all updates »

[Webinar] What To Do When the Government Comes Knocking - February 29th, 1:00 pm - 2:00 pm EST

Join John Heitmann, and Joshua Guyan as they welcome partners Matt Austin, Bart Daniel, and Adam Safwat, three seasoned defense attorneys who use their experience leading defense teams through complex federal investigations. As…more

Criminal Investigations, Criminal Prosecution, Defense Strategies, Department of Justice (DOJ), Enforcement Actions

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Narrowing the Reach of Tyler v. Hennepin County: Lessons from Metro T. Properties, LLC v. County of Wayne

In February, the United States District Court for the Eastern District of Michigan issued its opinion in Metro T. Properties, LLC v. County of Wayne, No. 2:23-cv-11457-LVP-KGA, 2024 WL 644515 (E.D. Mich. Feb. 15, 2024). Few…more

Foreclosure, SCOTUS, Takings Clause, Tax Debt, Tax Liens

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Alabama Supreme Court Interprets “Preservation improvements” in Tax Sale Statutes

On Friday, the Alabama Supreme Court issued its opinion in Ex parte J.C. King III (In re: Anderson Realty Grp., LLC v. J.C. King III), No. SC-2022-0653, addressing for the first time the term “preservation improvements” in the…more

AL Supreme Court, Property Improvements, Right of Redemption, Tax Liens, Tax Sales

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Proposed Regulations Provide Guidance on 20% Deduction for Qualified Business Income

The Department of Treasury issued in August proposed regulations (REG-107892-18) (the “Proposed Regulations”) under Section 199A of the Internal Revenue Code, providing individual taxpayers with interests in certain pass-through…more

Business Income, Business Taxes, Income Taxes, Internal Revenue Code (IRC), IRS

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[Webinar] Apple’s New Messaging Features Will Complicate E-Discovery - November 4th, 1:00 pm - 2:15 pm ET

Nelson Mullins Partner Jarrett Coco and E-Discovery Collection Specialists Colin Duncan and Michael Scholz will outline new messaging features in iOS16, including the ability to edit and recall text messages and the ability to…more

Apple, Data Collection, Data Deletion, Data Recovery, Discovery

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Expanded Behavioral Health Access, Enhanced Price Transparency, and the 340B Remedy in the CY 2024 Hospital Outpatient and Ambulatory Surgical Center Final Payment Rule

The Centers for Medicare & Medicaid Services (CMS) has announced new measures to enhance access to behavioral health services for Medicare beneficiaries and improve hospital price transparency as part of the final rule for the…more

Ambulatory Surgery Centers, Centers for Medicare & Medicaid Services (CMS), Cost-Sharing, Health Care Providers, Health Insurance

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A Recap of Nelson Mullins 2023 Value-Based Care Conference; Implementing Value Based Strategies

The Nelson Mullins 2023 Value Based Care Conference: Implementing Value Based Strategies, was held on November 2, 2023, at the Tower Club in Fort Lauderdale. By any definition, the event, which has become an annual “can’t miss”…more

Anti-Kickback Statute, Health Care Providers, Healthcare, Healthcare Fraud, Healthcare Reform

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UPDATE: Senate Adds $310 Billion to Payroll Protection Program – Businesses Urged to Apply ASAP

On Tuesday, April 21, 2020, the Senate approved $310 billion in additional funding for the Payroll Protection Program (the “PPP”). This increases the PPP’s original funding cap, which ran out last week. The House is expected to…more

Coronavirus/COVID-19, Paycheck Protection Program (PPP), Relief Measures

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Expanded Behavioral Health Access, Enhanced Price Transparency, and the 340B Remedy in the CY 2024 Hospital Outpatient and Ambulatory Surgical Center Final Payment Rule

The Centers for Medicare & Medicaid Services (CMS) has announced new measures to enhance access to behavioral health services for Medicare beneficiaries and improve hospital price transparency as part of the final rule for the…more

Ambulatory Surgery Centers, Centers for Medicare & Medicaid Services (CMS), Cost-Sharing, Health Care Providers, Health Insurance

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Department of Labor Issues New Rule Regarding Classification of Independent Contractors

Recently, the U.S. Department of Labor (DOL) issued a new rule redefining how workers are classified under the Fair Labor Standards Act (FLSA). The final rule, which will make it more challenging to classify workers as…more

Department of Labor (DOL), Economic Realities Test, Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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The SEC’s New Clawback Rules: Things to Know as the Deadline to Adopt Compliant Policies Approaches

Companies listed on the New York Stock Exchange (NYSE) and Nasdaq have until Dec. 1, 2023, to adopt clawback policies that comply with the listing standards mandated by the Securities and Exchange Commission (SEC) in Rule 10D-1…more

Clawbacks, Corporate Governance, Disclosure Requirements, Executive Compensation, Financial Reporting

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International Law Bulletin - Vol. 22, No. 9

INTERNATIONAL BUSINESS AND TRADE - Dispute Resolution - WTO: The U.S. filed an objection against China at the World Trade Organization (WTO) for the $7 billion worth of retaliatory levies against U.S. exports to China (34 ITR…more

CAATSA, China, Economic Sanctions, EU, Exports

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[Webinar] FinTech University: An Assessment of U.S. and European Crypto Asset Regulations - November 7th, 9:00 am - 10:00 am EDT

Join us for the next edition of FinTech University as we focus on assessments of U.S. and European Crypto asset regulations. This webinar will examine European regulation of crypto assets, as well as regulatory efforts in the…more

Blockchain, Continuing Legal Education, Cryptoassets, Cryptocurrency, Digital Assets

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Increased Recordation Tax Rates and Property Taxes in Montgomery County, Maryland

On May 9, 2023, the Montgomery County, Maryland Council voted 7-4 in favor of increasing its real estate recordation tax by enacting Bill 17-23, Taxation – Recordation Tax Rates – Amendments. Councilmember Kristin Mink was the…more

Local Ordinance, Maryland, Property Tax, Real Estate Transactions, Real Estate Transfers

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New Guidance for Employers on 'Long COVID' as a Disability

The U.S. Department of Health and Human Services and U.S. Department of Justice issued new guidance on July 26 clarifying that “long COVID,” and its potentially debilitating effects, can be a disability under Titles II (applying…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Disability, Reasonable Accommodation

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Gold Dome Report - Legislative Day 40 - March 2024

Legislative Day 40 is a roller coaster, full of ups, downs, and zero gravity turns (also known as conference committee reports). One goes from celebrating a bill achieving final passage to lamenting a measure being gutted — all…more

Educational Institutions, Elder Care, General Assembly, Georgia, Health Care Providers

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IDS-Related USPTO Announcements

The USPTO recently issued two announcements related to Information Disclosure Statements. Interim Procedure for Requesting Recalculation of Patent Term Adjustment With Respect to Information Disclosure Statements Accompanied by…more

Information Disclosure Statement, Patent Examinations, Patent Term Adjustment, Patents, USPTO

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Identifying Win-Win Settlement Opportunities in the World of COVID-19

While we all try to adjust to the rapidly changing litigation environment created by the COVID-19 pandemic, corporate defendants should be aware of some unique opportunities to resolve cases that will be beneficial to both…more

Business Interruption, Coronavirus/COVID-19, Corporate Counsel, Unemployment

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Debunking Data Privacy Myths

Data is a critical and invaluable asset of all companies. Data privacy and security concerns affect every company, industry, and consumer. Despite this, an astonishing amount of misinformation surrounding data privacy, security…more

Cyber Attacks, Cybersecurity, Data Breach, Data Collection, Data Privacy

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Group Alleges that EPA’s COVID-19 Enforcement Policy Violates the Endangered Species Act

By notice letter dated April 21, 2020, the Center for Biological Diversity (“CBD”) notified the U.S. Environmental Protection Agency (“EPA” or “the Agency”) that the group believes EPA’s March 26, 2020 policy, “COVID-19…more

Coronavirus/COVID-19, Endangered Species Act (ESA), Environmental Protection Agency (EPA)

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Rehearing Recently Sought in South Carolina Appeals Court Case That May Affect the Priority of Refinance Mortgages

The South Carolina Court of Appeals rejected the replacement mortgage doctrine on Nov. 25, 2020 and held a home equity line of credit had priority over a subsequent mortgage that secured refinancing of a mortgage prior in time…more

Borrowers, Creditors, HELOC, Home Equity, Mortgages

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[Webinar] FinTech University: FinTech and Bankruptcy - April 4th, 2:00 pm - 3:00 pm EDT

Join us for the next edition of FinTech University as we focus on FinTech and Bankruptcy. This webinar will provide an overview of bankruptcy laws and how they affect the FinTech industry. Experienced Nelson Mullins…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Continuing Legal Education, Financial Services Industry

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Telehealth Coverage Reinstated for HDHP/HSAs Effective April 1, 2022

The Consolidated Appropriations Act of 2022 (“2022 CAA”), which was recently signed into law, reinstates the exception that allows high deductible health plans (“HDHPs”) to waive all or a portion of participant cost-sharing for…more

Consolidated Appropriations Act (CAA), Cost-Sharing, Employee Benefits, HDHP, Health and Welfare Plans

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FTC Final Rule Banning Noncompetes Challenged in Court on Same Day

The Noncompete Rule - On April 23, 2024, the Federal Trade Commission (FTC), issued a Final Rule banning all noncompete agreements for any worker in the United States, regardless of industry, title, job function, or…more

Administrative Procedure Act, Chamber of Commerce, Competition, Constitutional Challenges, Employment Contract

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[Webinar] FinTech University: FinTech & SPACs - February 15th, 2:00 pm - 3:00 pm EST

Join Richard Levin, Jon Talcott, Andy Tucker, Peter Strand, and Kevin Tran for the next edition of the FinTech University series for a CLE on how FinTech integrates with Special Purpose Acquisition Companies (SPACs)…more

Banking Sector, Continuing Legal Education, Financial Institutions, Financial Services Industry, FinTech

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Woel v. Christiana Trust, as Trustee – Rhode Island Supreme Court Requires Strict Compliance with Paragraph 22 Notices as Condition Precedent to Valid Foreclosure

The Rhode Island Supreme Court, in a matter of first impression, recently issued a decision in which it held that the notice of default must strictly comply with the requirements set forth in paragraph 22 of the mortgage…more

Foreclosure, Mortgages, RI Supreme Court

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OFAC Issues Russian Oil Price Cap Alert on Evasion Techniques

The Price Cap Coalition is an international partnership of the United States, the G7, the European Union, and Australia that was established in December 2022 to limit Russia’s ability to fund its war against Ukraine through…more

Crude Oil, Economic Sanctions, Export Controls, Market Price, Office of Foreign Assets Control (OFAC)

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[Webinar] FinTech University: FinTech & SPACs - February 15th, 2:00 pm - 3:00 pm EST

Join Richard Levin, Jon Talcott, Andy Tucker, Peter Strand, and Kevin Tran for the next edition of the FinTech University series for a CLE on how FinTech integrates with Special Purpose Acquisition Companies (SPACs)…more

Banking Sector, Continuing Legal Education, Financial Institutions, Financial Services Industry, FinTech

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[Webinar] The Art of the Deal: Mediation Preparation, Presentation, and Strategy - July 20th, 2:00 pm - 3:30 pm EDT

Please join the Nelson Mullins Employment and Labor Group for a webinar on mediation best practices, featuring Steve Dunn of Miles Mediation. In a roundtable-style discussion, the panelists, including Steve Dunn, Erika Birg,…more

Best Practices, Dispute Resolution, Mediation, Mediators, Webinars

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Can You Chat Your Way to Relief from Stay?

Bankruptcy lawyers recently gained access to a promising technology for improving the efficiency of tasks like drafting a motion for relief from stay. ChatGPT allows users to employ generative artificial intelligence by chatting…more

Artificial Intelligence, Bankruptcy Court, Chapter 13, Consumer Bankruptcy, Machine Learning

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AI and IP: What’s the Deal?

This is the second entry in a series of posts by our team about AI generative tools such as ChatGPT and related legal issues (our first was ChatGPT: The Future May Be Bright, But on What Terms?).  Many people are aware of recent…more

Artificial Intelligence, Authorship, Copyright, Copyright Infringement, Copyright Litigation

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[Event] Women in FinTech (“WinFin2022”) - March 31st, Miami, FL

Join Nelson Mullins’s Women in FinTech (“WinFin”) Group for the inaugural WinFin Conference. The panel of nationally recognized thought leaders will share insights on FinTech’s global development. As we celebrate Women's History…more

Banking Sector, Blockchain, Cryptocurrency, Digital Assets, Digital Currency

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The Importance of Carefully Drafted ACO REACH Agreements

The Centers for Medicare & Medicaid Services (“CMS”) recently announced that 124 applicants have been provisionally approved to participate in the new Accountable Care Organization Realizing Equity, Access, and Community Health…more

ACOs, Centers for Medicare & Medicaid Services (CMS), Downstream Agreements, Equity, Health Care Providers

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Crossing the “The”: The Importance of Careful Drafting for Recorded Mortgages

In Enter. Bank v. The Ingros Fam. LLC, et al., 2022 WL 2283392 (Bankr. W.D. Pa. June 23, 2022), a lender faced a potentially costly decision when it mistakenly left the word “The” from a borrower’s name. In Ingros, First…more

Bankruptcy Court, Banks, Chapter 11, Commercial Bankruptcy, Consumer Financial Products

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Rehearing Recently Sought in South Carolina Appeals Court Case That May Affect the Priority of Refinance Mortgages

The South Carolina Court of Appeals rejected the replacement mortgage doctrine on Nov. 25, 2020 and held a home equity line of credit had priority over a subsequent mortgage that secured refinancing of a mortgage prior in time…more

Borrowers, Creditors, HELOC, Home Equity, Mortgages

See all updates »

Fifth Circuit Confirms the Value of Bid Protections in Section 363 Sales

On July 25, 2023, the United States Court of Appeals for the Fifth Circuit issued an important opinion protecting the rights of stalking horse bidders in Section 363 sales. In the Matter of Bouchard Transportation Company, Inc…more

363 Sales, Bankruptcy Code, Bankruptcy Court, Bids, Commercial Bankruptcy

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[Webinar] FinTech University: FinTech and Bank Regulations - March 5th, 2:00 pm - 3:00 pm EST

Join us for the next edition of FinTech University as we focus on FinTech and bank regulations. This webinar will examine how bank regulations affect the FinTech industry (and vice versa), and what banks need to know when they…more

Banking Sector, Banks, Continuing Legal Education, Financial Regulatory Agencies, Financial Services Industry

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[Webinar] FinTech University: FinTech & SPACs - February 15th, 2:00 pm - 3:00 pm EST

Join Richard Levin, Jon Talcott, Andy Tucker, Peter Strand, and Kevin Tran for the next edition of the FinTech University series for a CLE on how FinTech integrates with Special Purpose Acquisition Companies (SPACs)…more

Banking Sector, Continuing Legal Education, Financial Institutions, Financial Services Industry, FinTech

See all updates »

Don’t Let Your Trade Secrets Slip Through the Cracks

WFH (“working-from-home”)? It’s the new normal. We know the coronavirus pandemic is temporary, but in a few months, when the work-at-home-quarantine is no more than a bad memory, we also may be forced to engage in damage control…more

Coronavirus/COVID-19, Intellectual Property Protection, Remote Working, Risk Mitigation, Trade Secrets

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Restructuring Commercial Real Estate Leases in the COVID-19 Era

We are currently at the forefront of an economic downturn driven by conditions that none of us have experienced in our lifetimes. Unlike the “great recession” of 2008-2012 which was triggered by a systemic financial collapse,…more

Breach of Contract, Commercial Leases, Commercial Tenants, Contract Terms, Coronavirus/COVID-19

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To be or not to be a “non-Rule 10b5-1 trading arrangement” – that is the question!

A “Rule 10b5-1 plan” is intended to satisfy the affirmative defense provided in Rule 10b5-1(c), the rule that provides an affirmative defense to an allegation of having traded on the basis of material nonpublic information…more

10b5-1 Plans, Affirmative Defenses, Insider Trading, Material Nonpublic Information, Publicly-Traded Companies

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Next Round of California Employer Deadline Alerts: Pay Reporting and Workplace Violence Prevention Plans

Fresh off this year’s Valentine’s Day deadline, employers with California workers have a new round of imminent compliance dates that require prompt attention. …more

Cal-OSHA, California, Data Collection, Deadlines, Equal Pay

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[Hybrid Event] Tech & Law (R)evolution: Cutting Edge Practices for Business Transformation and Advancement - October 20th, Nashville, TN

With technology evolving at rapid speed, it is crucial to consider its role in your organization and how these advances impact your business. During the Tech & Law (R)evolution Conference, Nelson Mullins attorneys will…more

Artificial Intelligence, Bias, Business Development, Business Opportunities, Continuing Legal Education

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[Webinar] FinTech University: FinTech and Qualified Matching Tax Services - April 9th, 2:00 pm - 3:00 pm EDT

Join us for the next edition of FinTech University as we focus on FinTech and qualified matching tax services. This webinar will examine how FinTech is tied into tax preparation services and what FinTech users need to know when…more

Continuing Legal Education, Financial Services Industry, FinTech, Tax Preparers, Technology Sector

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Navigating Alabama Tax Sale Redemptions: Proving Entitlement to Mesne Profits

In a recent opinion by the Alabama Supreme Court in Smith v. Cameron (SC-2023-0495), the court issued an opinion affirming a trial court’s refusal to award mesne profits to a tax deed holder following the trial court’s order…more

AL Supreme Court, Profits, Property Tax, Quitclaim Deeds, Right of Redemption

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Recent EEOC Action Updates for Employers Relating to AI Hiring Tools, Pregnancy, and Pay Reporting

On August 9, 2023, the Equal Employment Opportunity Commission’s (“EEOC”) new Commissioner, Kalpana Kotagal, was sworn in, likely bringing more employee-friendly policies with her into the role.  In the past month, the EEOC has…more

Artificial Intelligence, Bias, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Federal Labor Laws

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Energy Team Duo Represents Developer Before the S.C. Public Service Commission

Big Wins for Renewable Energy and Transparency in Utility Rate Making - Nelson Mullins Energy Team members Weston Adams and Court Walsh represented a large-scale solar developer before the S.C. Public Service Commission (PSC) in…more

Energy Sector, Integrated Resource Plans, Renewable Energy, Solar Energy, Third-Party

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South Carolina Supreme Court Declares 2019 Tax Sale Bill Unconstitutional

The South Carolina Supreme Court issued its three-page opinion yesterday in Mercury Funding, LLC, v. Beaufort County Tax Collector Kimberly Chesney, a case involving the constitutionality of an act extending the 2019 tax sale…more

SC Supreme Court, Tax Sales

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Supreme Court Holds Forfeiture of Tax Sale Surplus Proceeds is a Governmental Taking

“The taxpayer must render unto Caesar what is Caesar’s, but no more.” Tyler v. Hennepin County, No. 22-166, Slip Op. at 14 (May 25, 2023) - Less than a month after oral argument, the United States Supreme Court ruled…more

Class Action, Debt Collection, Eighth Amendment, Excessive Fines Clause, Fifth Amendment

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South Carolina Sunsets Certificate of Need Law

On May 3, 2023, the South Carolina General Assembly passed S.164 which overhauled the state’s Certificate of Need (CON) law. The bill was signed by Governor McMaster on May 16, 2023 and is now in effect…more

Ambulatory Surgery Centers, Certificate of Need, Health Care Providers, Healthcare, Healthcare Facilities

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SEC Modernizes Regulation S-K Disclosure Requirements

On August 26th, the Securities and Exchange Commission (SEC) adopted amendments to Item 101 (Description of Business), Item 103 (Legal Proceedings), and Item 105 (Risk Factors) of Regulation S-K as part of its overall initiative…more

Disclosure Requirements, Investors, Public Comment, Regulation S-K, Risk Factors

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[Webinar] FinTech University: FinTech and Qualified Matching Tax Services - April 9th, 2:00 pm - 3:00 pm EDT

Join us for the next edition of FinTech University as we focus on FinTech and qualified matching tax services. This webinar will examine how FinTech is tied into tax preparation services and what FinTech users need to know when…more

Continuing Legal Education, Financial Services Industry, FinTech, Tax Preparers, Technology Sector

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Essential Businesses, Operations, and Activities Under Georgia’s Shelter in Place Order

In response to the COVID-19 outbreak, over thirty-five states have issued executive orders requiring citizens to stay home and shuttering non-essential businesses. On April 2, Georgia became the next state to take that step as…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Operators of Essential Services, Shelter-In-Place

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A Recap of Nelson Mullins 2023 Value-Based Care Conference; Implementing Value Based Strategies

The Nelson Mullins 2023 Value Based Care Conference: Implementing Value Based Strategies, was held on November 2, 2023, at the Tower Club in Fort Lauderdale. By any definition, the event, which has become an annual “can’t miss”…more

Anti-Kickback Statute, Health Care Providers, Healthcare, Healthcare Fraud, Healthcare Reform

See all updates »

NCUA Announces New Cyber Threat Reporting Requirement

The NCUA stated the new rule, which was approved on Feb. 16, 2023, aims to mitigate cyber incidents “that [lead] to a substantial loss of confidentiality, integrity, or availability of a network or member information system as a…more

Credit Unions, Cyber Incident Reporting, Cybersecurity, Data Breach, Financial Institutions

See all updates »

[Webinar] Brand Promotion 101: Marketing Compliance in the Digital World - April 23rd, 1:00 pm - 2:00 pm ET

Nelson Mullins invites you to join hosts John Heitmann and Joshua Guyan as they welcome Kelly Whitehart who will provide our communications, internet, and technology clients an overview of advertising and marketing issues…more

Advertising, Best Practices, Brand, Comparative Advertising, Contests & Promotions

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The Importance of Defending Judges

One of the things I was told by more experienced mentors when I started practicing is that I needed to “learn how to lose.” Having grown up in a family where my father was a coach, losing was anathema. “Show me a good loser and…more

Judges, Judicial Proceedings, Litigation Strategies, Trials

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Bringing Moths to the Flame: DOJ Promises Non-Prosecution to Execs for Tips to Combat Corporate Crime

Recently, the Department of Justice (DOJ) Criminal Division launched a pilot program promising “mandatory NPAs to incentivize individuals (and their counsel) to provide original and actionable information.” This most recent…more

Corporate Crimes, Corporate Governance, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ)

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PPP Round 3: New Rules, New Money, New Challenges

This week the U.S. Small Business Administration (SBA) released updated Paycheck Protection Program (PPP) interim final rules which incorporate new requirements imposed by the Economic Aid to Hard-Hit Small Businesses,…more

Borrowers, Interim Final Rules (IFR), Lenders, Paycheck Protection Program (PPP), SBA

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Corporate Practice of Medicine Doctrine: Increased Enforcement on the Horizon?

A primary consideration of medical practice owners and stakeholders in developing and implementing a compliant corporate ownership structure is what is known as the “corporate practice of medicine” doctrine (“CPOM”). Although…more

Corporate Practice of Medicine, Corporate Structures, Health Care Providers, Healthcare, Physicians

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CMS Releases New REH Conversion Guidance

The Centers for Medicare and Medicaid Services (“CMS”) recently released new guidance about the process for converting to a Rural Emergency Hospital (“REH”) – a new Medicaid provider type effective Jan. 1, 2023. REHs are…more

Centers for Medicare & Medicaid Services (CMS), Critical Access Hospitals, Emergency Rooms, Health Insurance, Healthcare

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COVID-19 Pandemic Highlights Consumer Product Safety, Compliance Issues in 3D Printing

An unprecedented demand for critical medical products in recent weeks has triggered an urgent interest in the potential of 3D printing to create personal protective equipment (PPE) and other medical devices during the COVID-19…more

3D Printing, Compliance, Consumer Product Safety Commission (CPSC), Coronavirus/COVID-19, Food and Drug Administration (FDA)

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OIG Finalizes Coordinated Care Revisions to the Anti-Kickback Statute and Civil Monetary Penalties Law

The United States Department of Health and Human Services’ Office of Inspector General (“OIG”), in coordination with the Centers for Medicare & Medicaid Services (“CMS”), issued a Notice of Proposed Rulemaking, “Revisions to the…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Civil Monetary Penalty, Department of Health and Human Services (HHS), Health Care Providers

See all updates »

Why ‘Don’t Say Gay’ Bills are Antithetical to an Equitable and Inclusive Education

According to a 2019 GLSEN national survey of LGBTQ+ students, nearly 60% of surveyed students reported they felt unsafe at school because of their sexual orientation and 43% because of their gender expression. Within the same…more

Educational Institutions, Florida, Gay Rights, Gender Identity, LGBTQ

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SEC Adopts New Cybersecurity Disclosure Requirements

The Securities and Exchange Commission (“SEC”) adopted the final rules (the “Final Rules”) on July 26, 2023 that will require disclosure of material cybersecurity incidents, cybersecurity risk management, strategy, and…more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Data Security

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[Webinar] Life with Schrems – Keeping EU to U.S. Data Flowing and Avoiding Liability - September 23rd, 10:00 am - 11:00 am EDT

Nelson Mullins and KPMG Hungary are excited to present a webinar on the dangers involved in transfers of personal information from the European Union to the U.S. following the recent Schrems court decision. Partner Roy Wyman and…more

Data Privacy, Data Transfers, EU, EU-US Privacy Shield, General Data Protection Regulation (GDPR)

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Managing the Impacts of the Change Healthcare Cyberattack

UnitedHealth Group (“UHC”) announced on April 22, 2024, that it had paid a ransom to protect patient data potentially acquired in a late February cyberattack on its subsidiary Change Healthcare (“CHC”). In its announcement, UHC…more

Cyber Attacks, Cybersecurity, Data Breach, Department of Health and Human Services (HHS), Employee Retirement Income Security Act (ERISA)

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If You Can’t Say Something Nice (About the SEC), Don’t Say Anything at All

The SEC’s so-called “gag rule” — which prevents a defendant settling with the SEC from denying the SEC’s allegations — has recently come under fire. Recently the Fifth Circuit heard oral arguments in the SEC v. Novinger case…more

Chevron Deference, Enforcement Actions, Financial Industry Regulatory Authority (FINRA), Gag Rule, Securities and Exchange Commission (SEC)

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[Webinar] FinTech University: FinTech and Employment Law - May 7th, 2:00 pm - 3:00 pm EDT

Join us for the next edition of FinTech University as we focus on FinTech and employment law. This webinar will examine ways that the FinTech industry intersects with employment law and what employers need to know when utilizing…more

Continuing Legal Education, Employer Liability Issues, Financial Services Industry, FinTech, Labor Regulations

See all updates »

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Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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