Author Info for Moore & Van Allen PLLC

Tania Archer

FTC Noncompete Rule's Impact On Healthcare Nonprofits

The Federal Trade Commission recently approved a final rule prohibiting companies nationwide from enforcing new and existing noncompete agreements on anyone other than senior executives. Unless the effective date is stayed,…more

C-Suite Executives, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules

See all updates »

Brendan Bailey

New Sustainability Standards Board to Develop Global Sustainability Disclosure Standards

The global standardization of ESG and, more broadly, sustainability related disclosure requirements may arrive sooner than anyone could have expected. A recent Financial Times article entitled “New Body to Oversee Global…more

Compliance, Disclosure, Environmental Social & Governance (ESG), Global Standards, Regulatory Oversight

See all updates »

Will Baxley

SEC Announces Proposed Rule for Climate Risk and Greenhouse Gas Disclosures

On March 21, 2022, the U.S. Securities and Exchange Commission (“SEC”) announced a proposed rule (the “Proposed Rule”) that will require registrants to make certain climate disclosures in their registration statements and…more

Climate Change, Comment Period, Compliance, Disclosure Requirements, Filing Requirements

See all updates »

Neil Bloomfield

The Federal Reserve, FDIC and OCC Issue Final Guidance on Risk Management in Third-Party Relationships: Moore & Van Allen

On June 6, 2023, the Board of Governors of the Federal Reserve System (the Federal Reserve), the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC, and collectively with the…more

Banking Sector, Compliance, FDIC, Federal Reserve, Final Guidance

See all updates »

Chassity Bobbitt

In Loper Bright and Relentless, Supreme Court returns to high-stakes question of viability of the Chevron doctrine

James P. McLoughlin Jr., Mary Katherine Stukes and Pierce Werner of Moore & Van Allen discuss the arguments, background and questions surrounding the Supreme Court's upcoming review of the Chevron doctrine. On May 1, 2023,…more

Chevron, Chevron Deference, Chevron v NRDC, Constitutional Challenges, Environmental Protection Agency (EPA)

See all updates »

Carol Ewald Bowen

Delaware Amends Personal Information Protection Law

On August 17, 2017, Delaware amended its personal information protection law, Delaware Code Title 6, Chapter 12B. The amendment becomes effective 240 days after enactment or March 14, 2018. The amended law significantly…more

Amended Legislation, Credit Monitoring, Cybersecurity, Data Breach, Data Protection

See all updates »

Bret Buckler

Update on California Consumer Privacy Act

Recently the state of California passed a data privacy and security law called the California Consumer Privacy Act (“CCPA”) (Assembly Bill 375). The law, which takes effect on January 1, 2020, is aimed at establishing a…more

California Consumer Privacy Act (CCPA), Consumer Information, Consumer Privacy Rights, Cybersecurity, Data Breach

See all updates »

Scott Burton

New York Businesses Must Now Disclose Data Breaches of “Medical Information” Under New Law

On February 14, 2025, New York’s Governor Hochul signed into law A.B. 920, which amended the state’s Information Security Breach and Notification Act to add personal health information to the types of data that constitute…more

Data Breach, Data Privacy, Data Protection, Healthcare, Legislative Agendas

See all updates »

William Butler

Nebraska and Kentucky Pass Comprehensive Privacy Laws

So far 2024 has seen a flurry of new and proposed state comprehensive privacy legislation. Nebraska and Kentucky are the two latest states to jump on the bandwagon. Both follow the now familiar framework established by the…more

Consumer Privacy Rights, Covered Entities, Data Privacy, Data Protection, Data Protection Acts

See all updates »

Sarah Dohoney Byrne

Meeting The Legal Aid Needs Of Human Trafficking Survivors

The recently released Legal Deserts Report 2.0, or LDR2, which we coauthored with the National Survivor Law Collective and the Avery Center, highlights the continued gaps in access to justice for victims of human…more

Criminal Prosecution, Criminal Records, Expungement, Forced Labor, Human Rights

See all updates »

Jules Carter

CA Governor Vetoes AI Safety Bill but Indicates Additional AI Regulation Forthcoming

On Sunday, September 29, California Governor Gavin Newsom vetoed California Senate Bill 1047, which would have established novel safety regulations on large artificial intelligence (AI) models. Known as the Safe and Secure…more

Artificial Intelligence, California, Governor Newsom, Governor Vetoes, Legislative Agendas

See all updates »

Kenneth Coe

Update – Corporate Transparency Act on Hold

We are writing to let you know that, as a result of a Texas court order, the filing requirements under the Corporate Transparency Act (“CTA”) have been postponed indefinitely. The CTA, effective as of January 1, 2024, is…more

Beneficial Owner, Business Entities, Constitutional Challenges, Corporate Transparency Act, FinCEN

See all updates »

Dan Cordero

OCC Revises Recovery Planning Guidelines for Large Banks

On October 21, 2024, the Office of the Comptroller of the Currency (OCC) finalized revisions to its Guidelines Establishing Standards for Recovery Planning by Certain Large Insured National Banks, Insured Federal Savings…more

Bank Recovery and Resolution Directive (BRRD), Banking Sector, Banks, Covered Banking Entity, Enforcement Authority

See all updates »

Gregory Dodge

SEC Settlement Reminds Firms to Periodically Review Their Use of Models, Calculators and Tools When Making Client Recommendations

On October 2, 2024, the Securities and Exchange Commission (“SEC”) announced it had settled enforcement proceedings against Thrivent Investment Management, Inc. (“Thrivent”), a SEC dually-registered broker-dealer and investment…more

Enforcement Actions, Securities and Exchange Commission (SEC), Securities Litigation, Securities Regulation, Securities Violations

See all updates »

Kathryn Duffy

Update – Corporate Transparency Act on Hold

We are writing to let you know that, as a result of a Texas court order, the filing requirements under the Corporate Transparency Act (“CTA”) have been postponed indefinitely. The CTA, effective as of January 1, 2024, is…more

Beneficial Owner, Business Entities, Constitutional Challenges, Corporate Transparency Act, FinCEN

See all updates »

Kaity Emerson

The Federal Reserve, FDIC and OCC Issue Final Guidance on Risk Management in Third-Party Relationships: Moore & Van Allen

On June 6, 2023, the Board of Governors of the Federal Reserve System (the Federal Reserve), the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC, and collectively with the…more

Banking Sector, Compliance, FDIC, Federal Reserve, Final Guidance

See all updates »

John Evans

SBIC Client Alert: Changes to Passive Business Rule

Earlier this week, the revised and final “Passive Business Rule” (13 CFR 107.720(b) of the Small Business Investment Act of 1958, as amended) was released by the U.S. Small Business Administration (the “SBA”)…more

Final Rules, Passive Activity, SBA, Small Business, Small Business Investment Company

See all updates »

Taylor Boyles

The Biden Administration Issues Its COVID-19 Plan

Overview: On September 9, 2021, the Biden Administration issued a variety of measures designed to promote COVID-19 safeguards and decrease the spread of the COVID-19 virus. Such measures included two Executive Orders and…more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates, Executive Orders

See all updates »

Lesley Firestone

The Necessity of Evaluating Vapor Intrusion Risks during Environmental Due Diligence

Introduction - Vapor intrusion has emerged as an important legal, scientific, and policy issue over the last decade. With this issue’s growing importance, it is prudent for persons acquiring, leasing, or developing property…more

CERCLA, Contaminated Properties, Due Diligence, Environmental Assessments, Environmental Protection Agency (EPA)

See all updates »

Robert Fisher

Proposed Treasury Regulations Impact “Deemed Dividend” Tax Rules in Financing Transactions

Following tax reform at the end of 2017, cash dividends from a foreign corporate subsidiary to a domestic corporate 10 percent shareholder are exempt from U.S. income tax because the shareholder is permitted a…more

Borrowers, Controlled Foreign Corporations, Corporate Financing, Dividends, Domestic Corporations

See all updates »

Aishaah Foster

Recent CFPB Releases Continue Focus on Bank Fees and Identify CFPB Concerns with Use of AI in Customer Service

The Consumer Financial Protection Bureau (CFPB) issued releases in May and June that reflected their continued focus on consumer protection issues associated with both bank fees and the use of artificial intelligence (AI) by…more

Artificial Intelligence, Banking Sector, Banks, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB)

See all updates »

Christopher Fowler

Special Situations Client Bulletin - Legal Review Guide for Stressed/Distressed Credits

Although there may be differing views as to whether the U.S. economy is heading into some form of market correction, many would argue that certain warning signs have appeared that would suggest the possibility of an economic…more

Borrowers, Coronavirus/COVID-19, Corporate Governance, Credit Agreements, Debt Restructuring

See all updates »

Amanda Carrano Franklin

FAQ Revocation of Student Visas and Termination of Status

In recent weeks the Department of State (DOS) has taken steps to revoke visas and terminate the status of international students who have criminal infractions and/or who have engaged in activism. In light of this intense focus…more

Department of Homeland Security (DHS), F-1 Visa, Foreign Nationals, Immigration and Customs Enforcement (ICE), Immigration Enforcement

See all updates »

Beth Friedrich

Commercial Real Estate FAQs for European Companies Considering a U.S. Presence

Many European companies have established operations in the United States for the first time in recent years. Because North Carolina offers an abundance of natural benefits, including excellent infrastructure and a skilled work…more

Business Entities, Commercial Leases, Commercial Real Estate Market, Due Diligence, EU

See all updates »

Suzanne Gainey

The Federal Reserve, FDIC and OCC Issue Final Guidance on Risk Management in Third-Party Relationships: Moore & Van Allen

On June 6, 2023, the Board of Governors of the Federal Reserve System (the Federal Reserve), the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC, and collectively with the…more

Banking Sector, Compliance, FDIC, Federal Reserve, Final Guidance

See all updates »

Brandon Gaskins

European Parliament Passes Landmark Data Protection Regulation

On April 14, 2016, the European Parliament passed the General Data Protection Regulation (GDPR) and its companion, Data Protection Directive for Police and Criminal Justice Authorities. The GDPR is a comprehensive regulation…more

Consent, Data Breach, Data Protection Officers (DPOs), Data Security, EU

See all updates »

Stephen Gruendel

Special Situations Client Bulletin - Legal Review Guide for Stressed/Distressed Credits

Although there may be differing views as to whether the U.S. economy is heading into some form of market correction, many would argue that certain warning signs have appeared that would suggest the possibility of an economic…more

Borrowers, Coronavirus/COVID-19, Corporate Governance, Credit Agreements, Debt Restructuring

See all updates »

Stephen Hader

FAQs: Trump 2.0 Immigration Policies

GENERAL - What are the current Executive Orders on immigration? On its first day in office, the Trump administration published 46 executive orders dealing with a broad range of issues, several of which were aimed directly…more

Department of Homeland Security (DHS), Employer Liability Issues, Executive Orders, Green Cards, H-1B

See all updates »

Jenny Heichelbech

Wealth Transfer Newsletter

Although the estate and tax planning landscape has undergone substantial change in recent years, we can rest assured that even more change is ahead. We hope that you find this newsletter informative and useful for your personal…more

Estate Planning, Irrevocable Trusts, Tax Planning

See all updates »

Toni-Ann Hines

The Right of Publicity in the Age of Technology, Social Media, and Heightened Cultural Exchange

Imagine you are a rising social media star. You create a video using a catchy phrase that immediately takes off. The phrase gains national, even global, attention and everyone begins using it. Now, let us say a company uses your…more

Appropriation, Copyright, Free Speech, Intellectual Property Protection, Name and Likeness

See all updates »

Mark Horn

Update – Corporate Transparency Act on Hold

We are writing to let you know that, as a result of a Texas court order, the filing requirements under the Corporate Transparency Act (“CTA”) have been postponed indefinitely. The CTA, effective as of January 1, 2024, is…more

Beneficial Owner, Business Entities, Constitutional Challenges, Corporate Transparency Act, FinCEN

See all updates »

Caitlin Horne

Update – Corporate Transparency Act on Hold

We are writing to let you know that, as a result of a Texas court order, the filing requirements under the Corporate Transparency Act (“CTA”) have been postponed indefinitely. The CTA, effective as of January 1, 2024, is…more

Beneficial Owner, Business Entities, Constitutional Challenges, Corporate Transparency Act, FinCEN

See all updates »

Canaan Huie

North Carolina Primary Election Report

A special Congressional primary was held June 7th due to federal court action declaring two of North Carolina's congressional districts to be illegally gerrymandered. The ruling came too late to have state lawmakers re-draw new…more

Primary Elections

See all updates »

Fielding Huseth

Challenging Prosecutors' Use Of Defendants' Jail Phone Calls

Pretrial detention imposes severe burdens on a defendant's ability to prepare for trial. One such burden is that the prosecution may receive, without a warrant, recordings of the defendant's electronic communications,…more

Audio Recording, Convictions, Detainees, Electronic Communications, Wiretap Act

See all updates »

Clara Ilkka

New Hampshire and New Jersey Consumer Privacy Legislation

New Hampshire. On March 6, 2024, New Hampshire Governor Chris Sununu signed the state’s first comprehensive consumer privacy bill into law. The New Hampshire Privacy Act (the “NHPA”) is now the fourteenth such law to be passed…more

Consumer Privacy Rights, Data Protection, Data Protection Acts, Legislative Agendas, New Legislation

See all updates »

Edward Ivey

LEGAL ALERT Re: Consumer Financial Protection Bureau’s Small Business Lending Data Collection under the Equal Credit Opportunity Act : Moore & Van Allen

The Consumer Financial Protection Bureau (the “CFPB”) has published a final rule implementing the requirements of Section 1071 of the Dodd-Frank Act (the “Final Rule”), which mandated data collection on certain credit…more

Compliance, Consumer Financial Protection Bureau (CFPB), Data Collection, Dodd-Frank, ECOA

See all updates »

Yiran Jiang

The Desk: March Edition

In other news from last month, we found out that Brian Quintenz was nominated by President Trump to serve as the next CFTC Chair. See our synopsis on Quintenz below. If and when Quintenz is confirmed—TBD on when the Senate vote…more

Banking Sector, CFTC, Coinbase, Cryptocurrency, Department of Justice (DOJ)

See all updates »

Christopher Jones

Update – Corporate Transparency Act on Hold

We are writing to let you know that, as a result of a Texas court order, the filing requirements under the Corporate Transparency Act (“CTA”) have been postponed indefinitely. The CTA, effective as of January 1, 2024, is…more

Beneficial Owner, Business Entities, Constitutional Challenges, Corporate Transparency Act, FinCEN

See all updates »

Joseph Joyner Jr.

Wealth Transfer Newsletter

Although the estate and tax planning landscape has undergone substantial change in recent years, we can rest assured that even more change is ahead. We hope that you find this newsletter informative and useful for your personal…more

Estate Planning, Irrevocable Trusts, Tax Planning

See all updates »

Matthew Kain

Update – Corporate Transparency Act on Hold

We are writing to let you know that, as a result of a Texas court order, the filing requirements under the Corporate Transparency Act (“CTA”) have been postponed indefinitely. The CTA, effective as of January 1, 2024, is…more

Beneficial Owner, Business Entities, Constitutional Challenges, Corporate Transparency Act, FinCEN

See all updates »

Rob Kenny

The Transition Away From USD LIBOR for Swaps - A Report for U.S. Market Participants

With the Financial Conduct Authority (the “FCA”) announcing in July 2017, essentially, its intent to no longer persuade or compel panel banks to make LIBOR submissions by the end of 2021, the future of LIBOR, and its role in the…more

Banks, CFTC, End-Users, Financial Conduct Authority (FCA), Financial Markets

See all updates »

Jennifer Kim

FAQ Revocation of Student Visas and Termination of Status

In recent weeks the Department of State (DOS) has taken steps to revoke visas and terminate the status of international students who have criminal infractions and/or who have engaged in activism. In light of this intense focus…more

Department of Homeland Security (DHS), F-1 Visa, Foreign Nationals, Immigration and Customs Enforcement (ICE), Immigration Enforcement

See all updates »

Rachel LaBruyere

Rhode Island: State #19 to Enact Comprehensive Privacy Legislation

On June 29, 2024, Rhode Island’s governor signed the Rhode Island Data Transparency and Privacy Protection Act (RIDTPPA) into law. The RIDTPPA will go into effect January 1, 2026. The law generally aligns with other…more

Data Privacy, Data Protection, Data Protection Acts, Enforcement, Privacy Laws

See all updates »

Joshua Lanning

What VC Fund Settlement Means For DEI Grant Programs

On Sept. 11, an Atlanta-based venture capital fund that ran a minority grant program, and an advocacy group founded by longtime diversity, equity and inclusion opponent Edward Blum, surprised many DEI advocates by announcing…more

Diversity and Inclusion Standards (D&I), Grants, Minority Equity Investments, Settlement, Venture Capital

See all updates »

Anthony Lathrop

North Carolina Innovation Council Takes Shape to Implement New FinTech and InsurTech Regulatory Sandbox Program

As home to the second largest banking center in the country, North Carolina has stepped onto the leading edge of innovation in the FinTech and InsurTech arenas. Late last year, Governor Cooper signed into law H624, the North…more

Consumer Financial Products, Financial Services Industry, FinTech, Governor Cooper, Innovative Technology

See all updates »

Wood Lay

FTC’s Non-Compete Ban Blocked

Bottom line: As of Tuesday night, the FTC’s non-compete rule has been set aside, cannot be enforced, and will not become effective on September 4, 2024. As an update to our prior alert regarding the Federal Trade Commission’s…more

Administrative Procedure Act, Arbitrary and Capricious, Competition, Employees, Employer Liability Issues

See all updates »

Marcus Lee

Federal Cybersecurity Legislation Moving Quickly, But Is It In the Wrong Direction?

Federal cybersecurity legislation seeking to establish a national standard for data protection and breach response is quickly working its way through the legislative process. The bipartisan bill, formerly known as the Data…more

Cybersecurity, Data Protection, Federal Breach Notification Standard, Legislative Agendas, Legislative Committees

See all updates »

John Lightbourne

Acting Chairman Uyeda Suggests Revisiting the Role of State Securities Regulators in Connection with Mid-size Investment Advisers and Securities Registration

On April 8, 2025, then Acting Chairman Mark T. Uyeda of the U.S. Securities and Exchange Commission (“SEC”), highlighted in remarks before the Annual Conference on Federal and State Securities Cooperation two areas where…more

Broker-Dealer, Investment, Investment Adviser, Investment Advisers Act of 1940, NSMIA

See all updates »

Micah Long

Update – Corporate Transparency Act on Hold

We are writing to let you know that, as a result of a Texas court order, the filing requirements under the Corporate Transparency Act (“CTA”) have been postponed indefinitely. The CTA, effective as of January 1, 2024, is…more

Beneficial Owner, Business Entities, Constitutional Challenges, Corporate Transparency Act, FinCEN

See all updates »

Paul Lynch

Wealth Transfer Newsletter

Although the estate and tax planning landscape has undergone substantial change in recent years, we can rest assured that even more change is ahead. We hope that you find this newsletter informative and useful for your personal…more

Estate Planning, Irrevocable Trusts, Tax Planning

See all updates »

James Manning

United States Imposes Sanctions Related to Russia’s Invasion of Ukraine

In February 2014, the Revolution of Dignity or Maidan revolution in Ukraine resulted in the ousting of Ukrainian President Viktor Yanukovych. In the months that followed, Russia annexed the Crimea region of Ukraine and supported…more

Banks, Belarus, Biden Administration, Economic Sanctions, Executive Orders

See all updates »

Tandy Mathis

Virginia Governor Vetoes AI Bill

In February 2025, the Virginia legislature passed a bill governing high risk artificial intelligence. On March 24, 2025, Governor Youngkin vetoed the bill. If enacted, the bill, titled the High-Risk Artificial Intelligence…more

Artificial Intelligence, Colorado, Consumer Protection Laws, Executive Orders, Governor Vetoes

See all updates »

Gabriel Mathless

Special Situations Client Bulletin - Legal Review Guide for Stressed/Distressed Credits

Although there may be differing views as to whether the U.S. economy is heading into some form of market correction, many would argue that certain warning signs have appeared that would suggest the possibility of an economic…more

Borrowers, Coronavirus/COVID-19, Corporate Governance, Credit Agreements, Debt Restructuring

See all updates »

Charlie McCurry Jr.

Commercial Real Estate FAQs for European Companies Considering a U.S. Presence

Many European companies have established operations in the United States for the first time in recent years. Because North Carolina offers an abundance of natural benefits, including excellent infrastructure and a skilled work…more

Business Entities, Commercial Leases, Commercial Real Estate Market, Due Diligence, EU

See all updates »

Valecia McDowell

What VC Fund Settlement Means For DEI Grant Programs

On Sept. 11, an Atlanta-based venture capital fund that ran a minority grant program, and an advocacy group founded by longtime diversity, equity and inclusion opponent Edward Blum, surprised many DEI advocates by announcing…more

Diversity and Inclusion Standards (D&I), Grants, Minority Equity Investments, Settlement, Venture Capital

See all updates »

Karin McGinnis

FTC’s Non-Compete Ban Blocked

Bottom line: As of Tuesday night, the FTC’s non-compete rule has been set aside, cannot be enforced, and will not become effective on September 4, 2024. As an update to our prior alert regarding the Federal Trade Commission’s…more

Administrative Procedure Act, Arbitrary and Capricious, Competition, Employees, Employer Liability Issues

See all updates »

James McLoughlin Jr.

Challenging Prosecutors' Use Of Defendants' Jail Phone Calls

Pretrial detention imposes severe burdens on a defendant's ability to prepare for trial. One such burden is that the prosecution may receive, without a warrant, recordings of the defendant's electronic communications,…more

Audio Recording, Convictions, Detainees, Electronic Communications, Wiretap Act

See all updates »

Carolyn Meade

CTA Reporting Relief: FinCEN Interim Rule Exempts US Companies from Reporting Beneficial Ownership & Foreign Companies from Reporting Information Regarding US Owners

The Financial Crimes and Enforcement Network of the U.S. Treasury Department (FinCEN) on March 21, 2025 announced an interim final rule (the “Interim Rule”) which, if finalized in its current form, exempts all domestic entities…more

Bank Secrecy Act, Beneficial Owner, Corporate Transparency Act, Executive Orders, Filing Deadlines

See all updates »

Elena Mitchell

What VC Fund Settlement Means For DEI Grant Programs

On Sept. 11, an Atlanta-based venture capital fund that ran a minority grant program, and an advocacy group founded by longtime diversity, equity and inclusion opponent Edward Blum, surprised many DEI advocates by announcing…more

Diversity and Inclusion Standards (D&I), Grants, Minority Equity Investments, Settlement, Venture Capital

See all updates »

Matthew Morgan

Special Situations Client Bulletin - Legal Review Guide for Stressed/Distressed Credits

Although there may be differing views as to whether the U.S. economy is heading into some form of market correction, many would argue that certain warning signs have appeared that would suggest the possibility of an economic…more

Borrowers, Coronavirus/COVID-19, Corporate Governance, Credit Agreements, Debt Restructuring

See all updates »

P. Barrett Morris

The Desk: April Edition

March is over and all of our brackets are busted. We hope you have been enjoying, Moore & Van Allen’s very own, Jay Bilas’ coverage on ESPN. In this month’s newsletter we will walk you through the CFTC’s continued updates on…more

Banks, California, CFTC, Cryptocurrency, Digital Assets

See all updates »

Alexis Narducci

CFPB Announces LIBOR Transition’s Final Rule, Amending Provisions of Regulation Z

On December 7, 2021, the Consumer Financial Protection Bureau (“CFPB”) published its final rule (“Rule”) facilitating the transition away from LIBOR for open-end and closed-end consumer financial products. The Rule amends…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Final Rules, Libor, Notice Requirements

See all updates »

Mark Nebrig

Trump Supreme Court Pick, Brett Kavanaugh, Could Play Role In Reshaping Major Securities Fraud Enforcement Tool

No one doubts that Judge Brett Kavanaugh, President Trump’s pick for the Supreme Court, would have an impact on the court’s jurisprudence if confirmed. For financial services and publicly-traded companies, as well as those that…more

Aiding and Abetting, False Statements, Financial Services Industry, Investment Schemes, Investors

See all updates »

Drew P. Newman

The Desk: April Edition

March is over and all of our brackets are busted. We hope you have been enjoying, Moore & Van Allen’s very own, Jay Bilas’ coverage on ESPN. In this month’s newsletter we will walk you through the CFTC’s continued updates on…more

Banks, California, CFTC, Cryptocurrency, Digital Assets

See all updates »

J. Evan Nogay

Acting Chairman Uyeda Suggests Revisiting the Role of State Securities Regulators in Connection with Mid-size Investment Advisers and Securities Registration

On April 8, 2025, then Acting Chairman Mark T. Uyeda of the U.S. Securities and Exchange Commission (“SEC”), highlighted in remarks before the Annual Conference on Federal and State Securities Cooperation two areas where…more

Broker-Dealer, Investment, Investment Adviser, Investment Advisers Act of 1940, NSMIA

See all updates »

Joseph Norman

MVA Supply Chain Brief: Navigating Rising U.S. Tariffs

Tariffs on imports into the U.S. are on the rise, focusing on many of the U.S.’s largest trading partners like Mexico, Canada and China, as well as major products such as aluminum and steel. Buyers and sellers who are importing…more

Buyers, Contract Terms, Customs, DDPs, FOB Terms

See all updates »

Edward O'Keefe

Legislative and Bank Regulatory Actions to Assist Forbearance in a Pandemic World

For the last three weeks or so, the federal and state banking agencies, collectively and individually, have, with increasing urgency, called on financial institutions to meet the financial needs of customers impacted by the…more

Banking Sector, CARES Act, Coronavirus/COVID-19, Financial Regulatory Agencies, Forbearance Agreements

See all updates »

Christopher Ogiba

Behind the Veil and the Blurred Distinctions of Entity Liability

As corporate counsel, you are well aware that the practice of creating, expanding, or reorganizing corporate entities and their subsidiaries is fraught with legal peril, both for your client and its officers and directors…more

Acquisitions, Alter Ego, Corporate Financing, Corporate Governance, Corporate Restructuring

See all updates »

Tanisha Palvia

DOJ Continues Efforts to Encourage Voluntary Corporate Self-Disclosure with New Safe Harbor Policy

On October 4, 2023, Deputy Attorney General Lisa Monaco announced the next (but not final) chapter of the U.S. Department of Justice’s concerted attempt to promote voluntary corporate self-disclosure of misconduct with a new…more

Acquisitions, Compliance, Corporate Governance, Corporate Misconduct, Department of Justice (DOJ)

See all updates »

Tiffany Payne

The Desk: April Edition

March is over and all of our brackets are busted. We hope you have been enjoying, Moore & Van Allen’s very own, Jay Bilas’ coverage on ESPN. In this month’s newsletter we will walk you through the CFTC’s continued updates on…more

Banks, California, CFTC, Cryptocurrency, Digital Assets

See all updates »

Harry Payne III

Insurance contours clarified: agency relationships in premium financing

Today’s insurance professionals and legal practitioners know that the insurance market can be unpredictable and volatile. With external factors such as natural disasters, war, cyberattacks, and economic uncertainties, insurance…more

Breach of Contract, Broker-Dealer, Consumer Financial Products, Financing, Insurance Industry

See all updates »

Leslie Pedernales

Washington State Legislature Takes Another Shot At a Consumer Data Privacy Law

Following an unsuccessful attempt last year at passing a comprehensive data privacy bill, the Washington State Legislature is hoping the second time’s the charm. Senate Bill 6281, this session’s updated version of The Washington…more

American Civil Liberties Union (ACLU), California Consumer Privacy Act (CCPA), Congressional Committees, Consumer Privacy Rights, Facial Recognition Technology

See all updates »

Thomas Pennington

Focusing on the Mission While Watching Macro Trends

The flow of media coming at us reminds us that we continue to live in the challenging times that began in 2007. For our clients and companies, we can provide effective leadership and advice by maintaining focus on our missions…more

Corporate Culture, Regulatory Standards, State and Local Government

See all updates »

Paul Peralta

The Biden Administration Issues Its COVID-19 Plan

Overview: On September 9, 2021, the Biden Administration issued a variety of measures designed to promote COVID-19 safeguards and decrease the spread of the COVID-19 virus. Such measures included two Executive Orders and…more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates, Executive Orders

See all updates »

Alan Pope

Special Situations Client Bulletin - Legal Review Guide for Stressed/Distressed Credits

Although there may be differing views as to whether the U.S. economy is heading into some form of market correction, many would argue that certain warning signs have appeared that would suggest the possibility of an economic…more

Borrowers, Coronavirus/COVID-19, Corporate Governance, Credit Agreements, Debt Restructuring

See all updates »

Catherine Prater

Challenging Prosecutorial Use of a Pretrial Detainee’s Electronic Communications

Pretrial detention imposes several unreasonable burdens on a defendant's ability to prepare for trial. One such burden is that the prosecution often gains access—without a warrant—to the defendant's telephone calls because the…more

Case Management, Detainees, Electronic Communications, Evidence, Litigation Strategies

See all updates »

Walter Price

2018 North Carolina Midterm Election Report

The nation’s political divide was reflected in last night’s Congressional elections. Republicans will maintain control of the Senate, but Democrats have gained control of the House of Representatives…more

Appeals, Constitutional Amendment, Election Results, General Assembly, General Elections

See all updates »

Jonathan Prytherch

SEC Settlement Reminds Firms to Periodically Review Their Use of Models, Calculators and Tools When Making Client Recommendations

On October 2, 2024, the Securities and Exchange Commission (“SEC”) announced it had settled enforcement proceedings against Thrivent Investment Management, Inc. (“Thrivent”), a SEC dually-registered broker-dealer and investment…more

Enforcement Actions, Securities and Exchange Commission (SEC), Securities Litigation, Securities Regulation, Securities Violations

See all updates »

Nader Raja

The Desk: April Edition

March is over and all of our brackets are busted. We hope you have been enjoying, Moore & Van Allen’s very own, Jay Bilas’ coverage on ESPN. In this month’s newsletter we will walk you through the CFTC’s continued updates on…more

Banks, California, CFTC, Cryptocurrency, Digital Assets

See all updates »

Kelsey Rector

Insurance contours clarified: agency relationships in premium financing

Today’s insurance professionals and legal practitioners know that the insurance market can be unpredictable and volatile. With external factors such as natural disasters, war, cyberattacks, and economic uncertainties, insurance…more

Breach of Contract, Broker-Dealer, Consumer Financial Products, Financing, Insurance Industry

See all updates »

William (Will) Reeves

EU Listing Act Improves Capital Markets Access for SMEs

On November 14, 2024, the EU Listing Act (the “Act”) was published in the Official Journal of the European Union. The Act entails a legislative package designed to improve capital markets access and reduce disclosure obligations…more

Capital Markets, EU, Investment, Investors, Legislative Agendas

See all updates »

Miles Reynolds

CTA Reporting Relief: FinCEN Interim Rule Exempts US Companies from Reporting Beneficial Ownership & Foreign Companies from Reporting Information Regarding US Owners

The Financial Crimes and Enforcement Network of the U.S. Treasury Department (FinCEN) on March 21, 2025 announced an interim final rule (the “Interim Rule”) which, if finalized in its current form, exempts all domestic entities…more

Bank Secrecy Act, Beneficial Owner, Corporate Transparency Act, Executive Orders, Filing Deadlines

See all updates »

John Sanders

Commercial Real Estate FAQs for European Companies Considering a U.S. Presence

Many European companies have established operations in the United States for the first time in recent years. Because North Carolina offers an abundance of natural benefits, including excellent infrastructure and a skilled work…more

Business Entities, Commercial Leases, Commercial Real Estate Market, Due Diligence, EU

See all updates »

Frank Schall

Treasury Department Publishes Interim Final Rule Implementing CFIUS Filing Fees

As discussed in our related March 25, 2020 post, in early March 2020, the Department of the Treasury (“Treasury”) issued a proposed rule regarding filing fees for parties filing voluntary notices of certain transactions for…more

CFIUS, Filing Fees, FIRRMA, Interim Final Rules (IFR), U.S. Treasury

See all updates »

Roderick Setzer, II

The Federal Reserve, FDIC and OCC Issue Final Guidance on Risk Management in Third-Party Relationships: Moore & Van Allen

On June 6, 2023, the Board of Governors of the Federal Reserve System (the Federal Reserve), the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC, and collectively with the…more

Banking Sector, Compliance, FDIC, Federal Reserve, Final Guidance

See all updates »

Ben Shook

FTC’s Non-Compete Ban Blocked

Bottom line: As of Tuesday night, the FTC’s non-compete rule has been set aside, cannot be enforced, and will not become effective on September 4, 2024. As an update to our prior alert regarding the Federal Trade Commission’s…more

Administrative Procedure Act, Arbitrary and Capricious, Competition, Employees, Employer Liability Issues

See all updates »

Anup Shrinivasan Iyer

Navigating data challenges and compliance in AI initiatives

Data serves as the foundational element for artificial intelligence (AI) models, enabling algorithms to discern patterns, forecast outcomes, and provide insights. The advent of generative AI, which relies extensively on vast and…more

Algorithms, Artificial Intelligence, California Consumer Privacy Act (CCPA), Compliance, Data Privacy

See all updates »

Kevin Siebs

Oregon Passes Comprehensive Privacy Law

In July, Oregon’s governor signed into law the Oregon Consumer Privacy Act (“OCPA”), making Oregon the eleventh state to enact a comprehensive privacy law. The OCPA goes into effect on July 1, 2024. Covered business other than…more

Consumer Privacy Rights, Covered Business, Data Privacy, Data Protection, Data Protection Acts

See all updates »

Russell Sizemore

Employment & Labor Update - Supreme Court Approves Employers’ Right To Conduct Security Screening Without Wage Liability

On Wednesday, the Supreme Court ruled that employers have no obligation to pay their employees for time spent undergoing security screenings when those screenings are not integral to the employees’ job duties. Busk et al. v…more

Amazon, Integrity Staffing v Busk, SCOTUS, Security Checks, Wages

See all updates »

Robert Smith, II

South Carolina Legislative Update

Infrastructure, workforce development, Sharia Law, and automobile dealer closing fees seemed to dominate last week’s activities of the South Carolina General Assembly. Below are a few highlights..…more

Car Dealerships, Closing Documents, Critical Infrastructure Sectors, Federal Funding, Gas Taxes

See all updates »

Ryan Smith

SBIC Client Alert: Changes to Passive Business Rule

Earlier this week, the revised and final “Passive Business Rule” (13 CFR 107.720(b) of the Small Business Investment Act of 1958, as amended) was released by the U.S. Small Business Administration (the “SBA”)…more

Final Rules, Passive Activity, SBA, Small Business, Small Business Investment Company

See all updates »

Zachary Smith

Smith to Moderate Judges’ Panel at ABI Symposium to Benefit Puerto Rico

Charlotte Bankruptcy Member and Team Leader Zach Smith will be moderating a panel of Puerto Rico’s Bankruptcy Judges at the American Bankruptcy Institute’s Caribbean Insolvency Symposium on February 1 in Miami, Florida…more

American Bankruptcy Institute, Commercial Bankruptcy, Financial Crisis, Hurricane Irma, Hurricane Maria

See all updates »

John Stoker

Acting Chairman Uyeda Suggests Revisiting the Role of State Securities Regulators in Connection with Mid-size Investment Advisers and Securities Registration

On April 8, 2025, then Acting Chairman Mark T. Uyeda of the U.S. Securities and Exchange Commission (“SEC”), highlighted in remarks before the Annual Conference on Federal and State Securities Cooperation two areas where…more

Broker-Dealer, Investment, Investment Adviser, Investment Advisers Act of 1940, NSMIA

See all updates »

Mary Katherine H. Stukes

Implications of PFAS CERCLA liability for the commercial real estate industry

What do you get when you combine a strict liability statute that could apply to every commercial property and a “forever chemical” that could exist almost everywhere? Designation of Perfluorooctanoic Acid (PFOA) and…more

CERCLA, Chemicals, Commercial Property Owners, Environmental Protection Agency (EPA), Final Rules

See all updates »

Scott Syfert

New Executive Orders on Immigration

On January 20, 2025, President Trump was inaugurated for his second term and in alignment with his “Day One” campaign promises, he signed ten executive orders that support his immigration agenda. These executive orders touch on…more

America First Trade Policy, Asylum, Citizenship, Compliance, Constitutional Challenges

See all updates »

Todd Taylor

CFPB Finalizes Personal Financial Data Rights Rule 1033

On October 22, 2024, the Consumer Financial Protection Bureau (the “CFPB”) finalized its personal financial data rights rule (“The Final 1033 Rule” or the “Final Rule”) that would require data providers to make available to…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws, Data Collection, Data Controller

See all updates »

Christopher Tomlinson

Beware Compromised Business Email... and the Litigation that Follows

Businesses are facing this system hack with ever-increasing frequency: An accounts payable employee receives new or updated payment instructions from a vendor via email. The email appears to be from a familiar counterpart at the…more

Customer Information, Cyber Crimes, Cybersecurity, Data Breach, Data Privacy

See all updates »

Laura Truesdale

Implications of PFAS CERCLA liability for the commercial real estate industry

What do you get when you combine a strict liability statute that could apply to every commercial property and a “forever chemical” that could exist almost everywhere? Designation of Perfluorooctanoic Acid (PFOA) and…more

CERCLA, Chemicals, Commercial Property Owners, Environmental Protection Agency (EPA), Final Rules

See all updates »

Scott Tyler

MVA Supply Chain Brief: Navigating Rising U.S. Tariffs

Tariffs on imports into the U.S. are on the rise, focusing on many of the U.S.’s largest trading partners like Mexico, Canada and China, as well as major products such as aluminum and steel. Buyers and sellers who are importing…more

Buyers, Contract Terms, Customs, DDPs, FOB Terms

See all updates »

Bradley Van Hoy

Update – Corporate Transparency Act on Hold

We are writing to let you know that, as a result of a Texas court order, the filing requirements under the Corporate Transparency Act (“CTA”) have been postponed indefinitely. The CTA, effective as of January 1, 2024, is…more

Beneficial Owner, Business Entities, Constitutional Challenges, Corporate Transparency Act, FinCEN

See all updates »

Sara Page H. Waugh

Update – Corporate Transparency Act on Hold

We are writing to let you know that, as a result of a Texas court order, the filing requirements under the Corporate Transparency Act (“CTA”) have been postponed indefinitely. The CTA, effective as of January 1, 2024, is…more

Beneficial Owner, Business Entities, Constitutional Challenges, Corporate Transparency Act, FinCEN

See all updates »

F. Emmett Weindruch

New Importance of Meeting Section 101 Requirements

On March 20, 2012, the Supreme Court handed down its opinion in Mayo Collaborative Services v. Prometheus Labs., Inc., No. 10-1150. In this case, the Court considered the validity of two patents belonging to Prometheus with…more

Mayo v. Prometheus, Patent-Eligible Subject Matter, Patents, SCOTUS, Section 101

See all updates »

Kathryn Wellman

FDIC Previews Paring Back Final CIDI Resolution Planning Rule

In the discussions following the presidential administration change about deregulation and paring back of post-SVB reforms, we had seen relatively little about resolution planning. That changed on Tuesday, when Acting FDIC…more

Banking Sector, Banks, FDIC, Final Rules, Financial Institutions

See all updates »

Pierce Werner

Implications of PFAS CERCLA liability for the commercial real estate industry

What do you get when you combine a strict liability statute that could apply to every commercial property and a “forever chemical” that could exist almost everywhere? Designation of Perfluorooctanoic Acid (PFOA) and…more

CERCLA, Chemicals, Commercial Property Owners, Environmental Protection Agency (EPA), Final Rules

See all updates »

J. Mark Wilson

Changes to Visa Waiver Program Take Effect

The US Department of State (DOS) has begun implementing changes under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015. Signed into law on December 18, 2015, the Act establishes new criteria for…more

ESTA, Iran, Iraq, Sudan, Syria

See all updates »

Danielle Wise

Breakage Costs & SOFR Loans: Breaking-up is Still Expensive

It may not be the next Taylor Swift song, but a prepayment changes the Lender-Borrower relationship. In a swap, we all know there are consequences. Rather than a “breakage cost”, the swap market just calls it an early…more

Borrowers, Lenders, Libor, Loans, Prepayment Penalties

See all updates »

Anvi Yalavarthy

Virginia Governor Vetoes AI Bill

In February 2025, the Virginia legislature passed a bill governing high risk artificial intelligence. On March 24, 2025, Governor Youngkin vetoed the bill. If enacted, the bill, titled the High-Risk Artificial Intelligence…more

Artificial Intelligence, Colorado, Consumer Protection Laws, Executive Orders, Governor Vetoes

See all updates »

John Zaloom

OSHA ETS Stayed by Supreme Court

Yesterday the Supreme Court issued an order staying the OSHA Emergency Temporary Standard (ETS) that would have required all employers with 100 or more employees to enforce Covid-19 vaccination or testing requirements. …more

Biden Administration, Biden v Missouri, Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Coronavirus/COVID-19

See all updates »

Michael Zeller

New Executive Orders on Immigration

On January 20, 2025, President Trump was inaugurated for his second term and in alignment with his “Day One” campaign promises, he signed ten executive orders that support his immigration agenda. These executive orders touch on…more

America First Trade Policy, Asylum, Citizenship, Compliance, Constitutional Challenges

See all updates »

Erin Clawson Zorn

MVA Supply Chain Brief: Navigating Rising U.S. Tariffs

Tariffs on imports into the U.S. are on the rise, focusing on many of the U.S.’s largest trading partners like Mexico, Canada and China, as well as major products such as aluminum and steel. Buyers and sellers who are importing…more

Buyers, Contract Terms, Customs, DDPs, FOB Terms

See all updates »