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

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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

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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

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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

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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)

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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

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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

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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

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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

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Jules Carter

Overview of the CFPB’s Recent Section 1071 FAQ Release

On June 28, the CFBP released a set of FAQ’s on the CFPB’s recently finalized Small Business Lending Rule (“Section 1071”). There are twenty-one questions covering matters under “Institutional Coverage” and “Covered Credit…more

Consumer Financial Protection Bureau (CFPB), Financial Institutions, Financial Services Industry, Section 1071, Short-Term Loans

See all updates »

Kenneth Coe

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 »

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

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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

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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

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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)

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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

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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)

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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

H-1B Cap Season – Time to Start Preparing

The registration period for H-1B cap-subject petitions is approaching! As a reminder, the annual H-1B cap is set at 65,000, with an additional 20,000 numbers available for individuals who have earned an advanced degree from an…more

H-1B, Highly-Skilled Workers Visa, Hiring & Firing, Immigration Procedures, Immigration Reform

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

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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

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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

H-1B Cap Season – Time to Start Preparing

The registration period for H-1B cap-subject petitions is approaching! As a reminder, the annual H-1B cap is set at 65,000, with an additional 20,000 numbers available for individuals who have earned an advanced degree from an…more

H-1B, Highly-Skilled Workers Visa, Hiring & Firing, Immigration Procedures, Immigration Reform

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

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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

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Mark Horn

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 »

Caitlin Horne

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

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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

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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

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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

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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

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Christopher Jones

Jones Presents at NCBA Estate Planning and Probate Section Annual Meeting

Charlotte Wealth and Estate Planning Member Chris Jones spoke at the North Carolina Bar Association (NCBA) Estate Planning and Probate Section Annual Meeting in Kiawah Island, SC on July 28. The presentation titled, “Business…more

Business Plans, Business Succession, Business Taxes, Estate Planning, Exit Strategies

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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

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Matthew Kain

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 »

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

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Jennifer Kim

Biden Policy Gives Employers New Ways To Help Dreamers

On June 18, the Biden administration announced a two-part administrative action that provides an opportunity for certain undocumented immigrants to transition to permanent residence or an employer-sponsored immigration status,…more

Biden Administration, DACA, Employees, Employer Liability Issues, Immigrants

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Rachel LaBruyere

The FTC Votes to Ban Non-Compete Agreements

The Federal Trade Commission voted 3-2 today to approve a final rule banning non-compete agreements nationwide. The rule is slated to go into effect 120 days after its published in the Federal Register…more

Federal Bans, Federal Trade Commission (FTC), FTC Act, Non-Compete Agreements, Proposed Rules

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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

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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

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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

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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

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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

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Tandy Mathis

Minnesota Consumer Data Privacy Act

On May 24, 2024, Minnesota’s governor signed the 18th comprehensive state privacy law since California enacted the first comprehensive data privacy legislation in 2018. The Minnesota Consumer Data Privacy Act (“MCDPA”) will take…more

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

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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 »

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

Client Alert: Beneficial Ownership Reporting at the Federal Level effective January 1, 2024

Most entities formed or registered to do business in the U.S. will, beginning January 1, 2024, be required to self-report beneficial ownership information to the U.S. Treasury’s Financial Crimes Enforcement Network (“FinCEN”)…more

Banks, Beneficial Owner, Charitable Trusts, Corporate Transparency Act, Credit Unions

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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

Overview of the CFPB’s Recent Section 1071 FAQ Release

On June 28, the CFBP released a set of FAQ’s on the CFPB’s recently finalized Small Business Lending Rule (“Section 1071”). There are twenty-one questions covering matters under “Institutional Coverage” and “Covered Credit…more

Consumer Financial Protection Bureau (CFPB), Financial Institutions, Financial Services Industry, Section 1071, Short-Term Loans

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

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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

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Drew P. Newman

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)

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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

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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

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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 »

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

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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

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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

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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

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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

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Jonathan Prytherch

Balancing Supervision in a Virtual Environment: Key Points of FINRA’s New Voluntary Remote Inspections Pilot Rule

Securities regulators have long been concerned with the potential regulatory risks associated with geographically dispersed broker-dealer offices, citing the observation that the distance of these offices from compliance and…more

Broker-Dealer, Diversity, Diversity and Inclusion Standards (D&I), Financial Industry Regulatory Authority (FINRA), Inspections

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Nader Raja

Task Force on Market Integrity and Consumer Fraud

On July 11, 2018, pursuant to a Presidential Executive Order, the Department of Justice announced the formation of a new multi-agency task force on Market Integrity and Consumer Fraud that will focus on combating consumer and…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Fraud, Cooperation, Corporate Fraud

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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 »

John Sanders

Foreign Institutional Investors Await Italian Government Action on Corporate Governance Reforms

On March 27, 2024, the Italian legislature enacted reforms to attract new investors to the Italian capital markets and improve corporate governance following guidelines issued by former Prime Minister Mario Draghi’s government…more

Capital Markets, Competition, Corporate Governance, EU, Investors

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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

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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

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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

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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

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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

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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

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John Stoker

Suit Alleging FDIC Overdraft Overreach May Not Make Waves

When following supervisory scrutiny of fees charged to bank customers, the activities of the Consumer Financial Protection Bureau, or CFPB, are often the focus. The Minnesota Bankers Association and Lake Central Bank of…more

Banking Sector, Class Action, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), FDIC

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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

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Scott Syfert

H-1B Cap Season – Time to Start Preparing

The registration period for H-1B cap-subject petitions is approaching! As a reminder, the annual H-1B cap is set at 65,000, with an additional 20,000 numbers available for individuals who have earned an advanced degree from an…more

H-1B, Highly-Skilled Workers Visa, Hiring & Firing, Immigration Procedures, Immigration Reform

See all updates »

Todd Taylor

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 »

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

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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

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Bradley Van Hoy

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

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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

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Kathryn Wellman

Suit Alleging FDIC Overdraft Overreach May Not Make Waves

When following supervisory scrutiny of fees charged to bank customers, the activities of the Consumer Financial Protection Bureau, or CFPB, are often the focus. The Minnesota Bankers Association and Lake Central Bank of…more

Banking Sector, Class Action, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), FDIC

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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

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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

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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

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Anvi Yalavarthy

Recent AI Laws and Regulation Updates

The legal landscape surrounding the creation, use and governance of artificial intelligence (AI) is rapidly changing and growing, imposing significant obligations on business and new rights for individuals. In recent months, the…more

Algorithms, Artificial Intelligence, Consumer Protection Laws, Disclosure, Discrimination

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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

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Michael Zeller

H-1B Cap Season – Time to Start Preparing

The registration period for H-1B cap-subject petitions is approaching! As a reminder, the annual H-1B cap is set at 65,000, with an additional 20,000 numbers available for individuals who have earned an advanced degree from an…more

H-1B, Highly-Skilled Workers Visa, Hiring & Firing, Immigration Procedures, Immigration Reform

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