Author Info for Nelson Mullins Riley & Scarborough LLP

Matt Abee

Reacting to Tyler v. Hennepin County: Nebraska Supreme Court Imposes Liability on Investors

On Friday, the Nebraska Supreme Court issued its opinions in Fair v. Continental Resources, No. S-21-074, and Nieveen v. TAX 106, No. S-21-364, following remand from the United States Supreme Court in the wake of Tyler v…more

Deeds, Foreclosure, Forfeiture, Investors, Liability

See all updates »

Matthew Abney

IARC Releases Its Priority Evaluation List for 2025-2029

The International Agency for Research on Cancer (IARC) released its 2025-2029 Priority List for evaluation in April of this year, see Advisory Group Recommendations on Priorities for the IARC Monographs, The Lancet Oncology…more

Cancer, Hazardous Substances, Healthcare, Life Sciences, Toxic Chemicals

See all updates »

Mallory Acheson

Meta's Bid to Dismiss Biometric Privacy Class Action Rejected by Illinois Federal Judge

An Illinois federal judge has denied Meta's attempt to dismiss a biometric privacy class action involving its Messenger and Messenger Kids apps. The plaintiffs, a group of parents and children, allege that Meta unlawfully…more

Biometric Information, Biometric Information Privacy Act, Class Action, COPPA, Data Collection

See all updates »

Weston Adams, III

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

See all updates »

Samantha Ahearn

Supreme Court Says When It Comes to Deciding Arbitration Clauses: “I am the Law”

On May 23, the Supreme Court issued a decision holding that when parties have two conflicting contracts – one that sends disputes to arbitration and one that sends disputes to the courts – a court, not an arbitrator, must decide…more

Arbitration, Arbitration Agreements, Coinbase, Coinbase Inc v Suski et al, Contract Disputes

See all updates »

Kristin Ahr

Breaking: FTC Non-Compete Rule Set Aside by Texas Court

In a highly anticipated ruling yesterday, the Northern District of Texas issued a final order, which enjoined and set aside the FTC’s Noncompete ban (the “Rule”). See Ryan, LLC v. FTC, No. 3:24-cv-00986-E (N.D. Tex. 2024)…more

Arbitrary and Capricious, Competition, Confidential Information, Employer Liability Issues, Employment Contract

See all updates »

Robert Alfert Jr.

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 »

Randal Alligood

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 »

Steven Augustino

[Webinar] The Future of the Universal Service Program After the 5th Circuit’s Decision - September 30th, 2:00 pm ET

In July, the full U.S. Court of Appeals for the Fifth Circuit found the FCC’s Universal Service Fund (USF) to violate the Constitution in several ways. This decision reversed an earlier decision by a panel of the court upholding…more

Appellate Courts, Congressional Authority, Constitutional Challenges, FCC, Judicial Review

See all updates »

Matt Austin

[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 »

Virginia Bailey Rolfes

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

See all updates »

Katherine Guarino Baker

[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

See all updates »

Bethany Barclay-Adeniyi

[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

See all updates »

Chelsea Barnes

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

See all updates »

Benjamin Barnhill

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 »

Bradley Barringer

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

See all updates »

James Bartling

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

See all updates »

Jody Bedenbaugh

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

See all updates »

Melissa Foster Bird

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

See all updates »

Erika Birg

[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

See all updates »

Mary Biscoe-Hall

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 »

Michael Bittman

[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

See all updates »

Christopher Blake

[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

See all updates »

Bob Wade

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

See all updates »

A. Mattison Bogan

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 »

Tammy Bokmuller

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

See all updates »

Heyward Bonyata

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

See all updates »

Mitch Boyarsky

Breaking: FTC Non-Compete Rule Set Aside by Texas Court

In a highly anticipated ruling yesterday, the Northern District of Texas issued a final order, which enjoined and set aside the FTC’s Noncompete ban (the “Rule”). See Ryan, LLC v. FTC, No. 3:24-cv-00986-E (N.D. Tex. 2024)…more

Arbitrary and Capricious, Competition, Confidential Information, Employer Liability Issues, Employment Contract

See all updates »

Ginger Barry Boyd

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

See all updates »

Jason Brace

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 »

Mike Bradshaw

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 »

Dowse Bradwell Rustin, IV

FDIC Reemphasizes Focus on FinTech Partnerships and Account Reconciliation

In what should come as no surprise to FinTech sponsor banks, the FDIC is reemphasizing the need to maintain control over synthetic account ledgers in the wake of the Synapse collapse. On September 17, the FDIC's rulemaking board…more

Deposit Accounts, FDIC, Financial Services Industry, FinTech, Living Will

See all updates »

Gary Brown

[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)

See all updates »

Matthew E. Brown

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

See all updates »

Matthew T. Brown

Breaking: FTC Non-Compete Rule Set Aside by Texas Court

In a highly anticipated ruling yesterday, the Northern District of Texas issued a final order, which enjoined and set aside the FTC’s Noncompete ban (the “Rule”). See Ryan, LLC v. FTC, No. 3:24-cv-00986-E (N.D. Tex. 2024)…more

Arbitrary and Capricious, Competition, Confidential Information, Employer Liability Issues, Employment Contract

See all updates »

Marquetta Bryan

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)

See all updates »

Henry Burwell

[Webinar] FinTech University: FinTech and US Sanctions Programs - August 6th, 2:00 pm - 3:00 pm EDT

Join us for another installment in the FinTech University series, “FinTech and US Sanctions Programs”, led by Nelson Mullins partners Richard Levin and Henry “Buzz” Burwell. Currently, the U.S. government maintains a broad…more

Banking Sector, Banks, Economic Sanctions, Financial Institutions, Financial Services Industry

See all updates »

Travis Bustamante

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

See all updates »

Jake Carroll

Upcoming Changes to Georgia’s Laws Impacting the Construction Industry

Georgia Governor Brian Kemp recently signed a series of bills impacting the state’s construction industry, including updated measures to the general contractor and professional land surveyor licensing laws, as well as Georgia’s…more

Construction Contracts, Construction Industry, Contractor's License, General Contractors, Georgia

See all updates »

Christopher Casavale

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

See all updates »

Ariel Cavazos

[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

See all updates »

Rachael Chen

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)

See all updates »

Amy Cheng

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

See all updates »

Franklin Chou

What U.S. Companies Can Expect from the US-International Framework Convention on AI

This is part of a series from Nelson Mullins' AI Task Force. We will continue to provide additional insight on both domestic and international matters across various industries spanning both the public and private sectors…more

Artificial Intelligence, Consumer Complaint System, Human Rights, Innovative Technology, Machine Learning

See all updates »

Jennifer Ciarrocchi

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

See all updates »

Jarrett Coco

Apple’s iOS 16 and E-Discovery

Apple recently announced it will be releasing its new mobile operating system, iOS 16, on September 12. The update will be available to iPhone 8 devices and newer. Although the new operating system will include some of the…more

Apple, Discovery, e-Discovery, e-Discovery Professionals, Electronically Stored Information

See all updates »

Arthur Coleman

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

See all updates »

Rose Collins

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

See all updates »

Ryann Connell

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

See all updates »

Gene Crick Jr.

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

See all updates »

Hollie Croft

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 »

Hannah Cross

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

See all updates »

Ryan Cullen

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 »

Daniel Curran

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

See all updates »

Lori Anne Czepiel

[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

See all updates »

Bart Daniel

[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 »

Jennifer Williams Davis

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 »

Travis Dayhuff

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

See all updates »

Annefloor de Groot

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)

See all updates »

Wendy Degerman

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

See all updates »

Bradley Denson

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 »

Craig Dillard

IARC Plans Evaluation of Automotive Gasoline and Oxygenated Additives in Early 2025

The International Agency for Research on Cancer (IARC) announced that it will be evaluating “automotive gasoline and some oxygenated additives” between February and March 2025 per IARC Monographs – Volume 138. The additives to…more

Air Pollution, Cancer, Environmental Policies, Motor Vehicles, Oil & Gas

See all updates »

Elizabeth Donaldson

FDIC Reemphasizes Focus on FinTech Partnerships and Account Reconciliation

In what should come as no surprise to FinTech sponsor banks, the FDIC is reemphasizing the need to maintain control over synthetic account ledgers in the wake of the Synapse collapse. On September 17, the FDIC's rulemaking board…more

Deposit Accounts, FDIC, Financial Services Industry, FinTech, Living Will

See all updates »

Lianna Donovan

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

See all updates »

William Donovan

Reacting to Tyler v. Hennepin County: Michigan Addresses Retroactivity of Legislative Fix

In a recent case, the Michigan Supreme Court issued an opinion in Schafer v. Kent County, No. 164975, addressing the critical issue of surplus equity stemming from a tax foreclosure within the context of the state constitution’s…more

Equity, Fifth Amendment, Foreclosure, Foreclosure Sales, Forfeiture

See all updates »

Shane Duer

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 »

Debbie Whittle Durban

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

See all updates »

Christopher Eby

Breaking: FTC Non-Compete Rule Set Aside by Texas Court

In a highly anticipated ruling yesterday, the Northern District of Texas issued a final order, which enjoined and set aside the FTC’s Noncompete ban (the “Rule”). See Ryan, LLC v. FTC, No. 3:24-cv-00986-E (N.D. Tex. 2024)…more

Arbitrary and Capricious, Competition, Confidential Information, Employer Liability Issues, Employment Contract

See all updates »

Knicole Emanuel

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 »

Jason Epstein

What U.S. Companies Can Expect from the US-International Framework Convention on AI

This is part of a series from Nelson Mullins' AI Task Force. We will continue to provide additional insight on both domestic and international matters across various industries spanning both the public and private sectors…more

Artificial Intelligence, Consumer Complaint System, Human Rights, Innovative Technology, Machine Learning

See all updates »

Elizabeth Ashlynn Falconer

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

See all updates »

Geoffrey Fay

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)

See all updates »

Jay Fee

[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

See all updates »

Timothy Fitzgibbon

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

See all updates »

Joseph Fornadel, III

IARC Releases Its Priority Evaluation List for 2025-2029

The International Agency for Research on Cancer (IARC) released its 2025-2029 Priority List for evaluation in April of this year, see Advisory Group Recommendations on Priorities for the IARC Monographs, The Lancet Oncology…more

Cancer, Hazardous Substances, Healthcare, Life Sciences, Toxic Chemicals

See all updates »

Deidre Fragapane

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 »

Katelyn Fredericks

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 »

Gary Freedman

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

See all updates »

Candace Friel

North Carolina State Medical Facilities Plan Update: The Draft 2025 SMFP Has Arrived

The lazy, hazy days of summer are definitely not lazy or hazy when it comes to health planning in North Carolina. At this point in the year, the draft State Medical Facilities Plan (SMFP) has been published, and the summer…more

Deadlines, Health Care Providers, Healthcare, Healthcare Facilities, Medical Devices

See all updates »

Andrew Fuller

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

See all updates »

Carl Fumarola

Reacting to Tyler v. Hennepin County: Nebraska Supreme Court Imposes Liability on Investors

On Friday, the Nebraska Supreme Court issued its opinions in Fair v. Continental Resources, No. S-21-074, and Nieveen v. TAX 106, No. S-21-364, following remand from the United States Supreme Court in the wake of Tyler v…more

Deeds, Foreclosure, Forfeiture, Investors, Liability

See all updates »

Franco Furmanski

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

See all updates »

William Gaines Jr.

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

See all updates »

Courtney Gilmer

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

See all updates »

Gina Ginn Greenwood

[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

See all updates »

Matt Golden

[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

See all updates »

Jonathan Gopman

[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

See all updates »

Matt Gorga

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 »

Jahmy Graham

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

See all updates »

Neil Grayson

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 »

Denise Gunter

North Carolina State Medical Facilities Plan Update: The Draft 2025 SMFP Has Arrived

The lazy, hazy days of summer are definitely not lazy or hazy when it comes to health planning in North Carolina. At this point in the year, the draft State Medical Facilities Plan (SMFP) has been published, and the summer…more

Deadlines, Health Care Providers, Healthcare, Healthcare Facilities, Medical Devices

See all updates »

Jeffrey Gurney

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

See all updates »

Joshua Guyan

[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 »

John Haley

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 »

Peter Haley

[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

See all updates »

Rod Hall

EPA Announces Initial Recipients for Historic Community Change Grants Program

The United States Environmental Protection Agency (EPA) has announced more than $325 million in funding for 21 projects aimed at addressing environmental and climate justice issues in disadvantaged communities. This funding is…more

Biden Administration, Climate Action Plan, Climate Change, Community Development, Environmental Justice

See all updates »

C. Wells Hall, III

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

See all updates »

Carrie Hanger

North Carolina State Medical Facilities Plan Update: The Draft 2025 SMFP Has Arrived

The lazy, hazy days of summer are definitely not lazy or hazy when it comes to health planning in North Carolina. At this point in the year, the draft State Medical Facilities Plan (SMFP) has been published, and the summer…more

Deadlines, Health Care Providers, Healthcare, Healthcare Facilities, Medical Devices

See all updates »

Jack Hart

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

See all updates »

Lee Hart

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

See all updates »

W. Carroll Hart

Upcoming Changes to Georgia’s Laws Impacting the Construction Industry

Georgia Governor Brian Kemp recently signed a series of bills impacting the state’s construction industry, including updated measures to the general contractor and professional land surveyor licensing laws, as well as Georgia’s…more

Construction Contracts, Construction Industry, Contractor's License, General Contractors, Georgia

See all updates »

Nathan Hartland

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

See all updates »

Timothy Harvey

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

See all updates »

Bernard Hawkins Jr.

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

See all updates »

Nicholas Heckman

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 »

John Heitmann

[Webinar] The Future of the Universal Service Program After the 5th Circuit’s Decision - September 30th, 2:00 pm ET

In July, the full U.S. Court of Appeals for the Fifth Circuit found the FCC’s Universal Service Fund (USF) to violate the Constitution in several ways. This decision reversed an earlier decision by a panel of the court upholding…more

Appellate Courts, Congressional Authority, Constitutional Challenges, FCC, Judicial Review

See all updates »

Deborah Hembree

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 »

Adam Herring

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

See all updates »

Howard Hirsch

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

See all updates »

Kelly Hogan

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

See all updates »

Michael Hollingsworth II

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 »

Maurice Holloway

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

See all updates »

Cassie Holt

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

See all updates »

Will Horkan

[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

See all updates »

Noah Huffstetler, III

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

See all updates »

Gabriel Imperato

Medicaid Overpayment Audits: What Medical Providers Need to Know

The Audit Process - While Medicaid audits are meant to ensure integrity and efficiency of the Medicaid Program, they can often be incredibly cumbersome and challenging for medical providers to navigate. During an audit,…more

Audits, Best Practices, Health Care Providers, Health Insurance, Healthcare

See all updates »

Mikaela Jackson

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

See all updates »

Kenneth Janik

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 »

Jessica Jeffrey

DOL Overtime Rule Blocked for Employees of State of Texas

On June 28, 2024, a Texas federal judge issued an injunction temporarily blocking the U.S. Department of Labor’s (DOL) new overtime rule from taking effect for employees working for the State of Texas. As discussed in a prior…more

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

See all updates »

John Jennings

[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

See all updates »

Jeffrey Johnson

DOL Overtime Rule Blocked for Employees of State of Texas

On June 28, 2024, a Texas federal judge issued an injunction temporarily blocking the U.S. Department of Labor’s (DOL) new overtime rule from taking effect for employees working for the State of Texas. As discussed in a prior…more

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

See all updates »

Michelle Johnson

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

See all updates »

Stanley Jones Jr.

Gold Dome Report - Special Alert

State Agency Seeks Feedback on Targeted Georgia Tax Incentives - As the Georgia General Assembly works to assess the cost and effectiveness of the state's tax credits and exemptions, Georgia taxpayers have an opportunity this…more

Comment Period, Georgia, Regulatory Agenda, State and Local Government, State Legislatures

See all updates »

Jeffrey Joseph

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

See all updates »

John Kalas

IARC Releases Its Priority Evaluation List for 2025-2029

The International Agency for Research on Cancer (IARC) released its 2025-2029 Priority List for evaluation in April of this year, see Advisory Group Recommendations on Priorities for the IARC Monographs, The Lancet Oncology…more

Cancer, Hazardous Substances, Healthcare, Life Sciences, Toxic Chemicals

See all updates »

Abraham Kannof

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 »

Hannah Kays

Medicaid Overpayment Audits: What Medical Providers Need to Know

The Audit Process - While Medicaid audits are meant to ensure integrity and efficiency of the Medicaid Program, they can often be incredibly cumbersome and challenging for medical providers to navigate. During an audit,…more

Audits, Best Practices, Health Care Providers, Health Insurance, Healthcare

See all updates »

Mackenzie Keffalos

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

See all updates »

Jeffrey Kelly

[Webinar] FinTech University: Fear the Reaper - FinTech and Digital Assets Litigation - September 3rd, 2:00 pm - 3:00 pm EDT

With the past year marked by a number of enforcement actions and investigations by the U.S. Securities and Exchange Commission (SEC) and other regulators against major actors in the digital assets space. This webinar will focus…more

Continuing Legal Education, Digital Assets, Enforcement Actions, Financial Services Industry, FinTech

See all updates »

Joshua Kirschner

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

See all updates »

Robert Klingler

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 »

Jonathan Knicely

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

See all updates »

Frank Knowlton

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

See all updates »

Jake Kohn

Biden Administration Finalizes Stronger Rules On Mental Health Coverage Parity

Summary: Under a final rule released by the Biden administration on Sept. 9, 2024, health insurers will be required to cover mental health care and addiction services on par with other medical conditions. This rule is part of a…more

Biden Administration, Department of Health and Human Services (HHS), Department of Labor (DOL), Employee Benefits, Health Insurance

See all updates »

Erin Kolmansberger

Who is Paying Who: The Employee or the Employer?

Since 2022, the Consumer Financial Protection Bureau (CFPB) has a stated priority of “protecting employees and their rights through conducting reports, inquiries, and issuing requirements for employers.” In July 2024, the CFPB…more

Comment Period, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Debt

See all updates »

Jordan Koonts

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 »

Barry Koopmann

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

See all updates »

D. Larry Kristinik, III

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

See all updates »

Andrew Lee

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

See all updates »

Jeong-Hwa Lee

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

See all updates »

David Leon

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 »

Matthew Lerner

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

See all updates »

Rebecca Lester

[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

See all updates »

Richard Levin

[Webinar] FinTech University: Fear the Reaper - FinTech and Digital Assets Litigation - September 3rd, 2:00 pm - 3:00 pm EDT

With the past year marked by a number of enforcement actions and investigations by the U.S. Securities and Exchange Commission (SEC) and other regulators against major actors in the digital assets space. This webinar will focus…more

Continuing Legal Education, Digital Assets, Enforcement Actions, Financial Services Industry, FinTech

See all updates »

Benjamin Lichtman

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

See all updates »

Matthew Lindenbaum

[Webinar] FinTech University: Fear the Reaper - FinTech and Digital Assets Litigation - September 3rd, 2:00 pm - 3:00 pm EDT

With the past year marked by a number of enforcement actions and investigations by the U.S. Securities and Exchange Commission (SEC) and other regulators against major actors in the digital assets space. This webinar will focus…more

Continuing Legal Education, Digital Assets, Enforcement Actions, Financial Services Industry, FinTech

See all updates »

Robert Lindholm

[Webinar] FinTech University: Fear the Reaper - FinTech and Digital Assets Litigation - September 3rd, 2:00 pm - 3:00 pm EDT

With the past year marked by a number of enforcement actions and investigations by the U.S. Securities and Exchange Commission (SEC) and other regulators against major actors in the digital assets space. This webinar will focus…more

Continuing Legal Education, Digital Assets, Enforcement Actions, Financial Services Industry, FinTech

See all updates »

Andrew Litvak

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 »

Kaylen Loflin

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 »

Kraig Long

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 »

Carlos Loumiet

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 »

Russell Love

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 »

Cara Ludwig

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 »

Daniel Lumm

Next Wave of U.S. State Data Privacy: Effective July 1, 2024

As of July 1, three new comprehensive state privacy laws – the Florida Digital Bill of Rights (FDBR), the Oregon Consumer Privacy Act (OCPA), and the Texas Data Privacy and Security Act (TDPSA) – will take effect, joining the…more

Consent, Consumer Privacy Rights, Data Collection, Data Privacy, Data Protection

See all updates »

Scott MacLatchie

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

See all updates »

John MacMaster

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

See all updates »

Cory Manning

[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

See all updates »

Patricia Markus

Avoid NC Medical Board Scrutiny of Your Medical Spa

The North Carolina Medical Board ("Board") recently issued a guidance document describing a situation involving a physician serving as the medical director of a medical spa, where the medical spa is owned by a non-licensee…more

Healthcare Facilities, Liability, Licensees, Medical Directors, Nurse Practitioners

See all updates »

Adam Marshall

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

See all updates »

Michael Marshall

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 »

Shane Martin

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

See all updates »

Rebekah McCorvey

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

See all updates »

Adam McCoy

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

See all updates »

Wesley McCulloch

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)

See all updates »

Marianna McDevitt

Who is Paying Who: The Employee or the Employer?

Since 2022, the Consumer Financial Protection Bureau (CFPB) has a stated priority of “protecting employees and their rights through conducting reports, inquiries, and issuing requirements for employers.” In July 2024, the CFPB…more

Comment Period, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Debt

See all updates »

John McElwaine

Dispute Over the Smiths Trademark: "Is It Really So Strange?"

When a renowned band like The Smiths breaks up, the fate of their trademark can become a contentious issue. Recently the former Smiths frontman, Morrisey, reported that guitarist, Johnny Marr had applied to register The Smiths…more

Intellectual Property Protection, License Agreements, Music Industry, Partnerships, Trademark Ownership

See all updates »

Brittany McIntosh

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

See all updates »

Brian Meanley

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

See all updates »

Rusty Melges

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

See all updates »

Melissa Scott

Medicaid Overpayment Audits: What Medical Providers Need to Know

The Audit Process - While Medicaid audits are meant to ensure integrity and efficiency of the Medicaid Program, they can often be incredibly cumbersome and challenging for medical providers to navigate. During an audit,…more

Audits, Best Practices, Health Care Providers, Health Insurance, Healthcare

See all updates »

Debra McGuire Mercer

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 »

Heather Miller

[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 »

Mark Miller

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 »

Graham Mitchell

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

See all updates »

Elizabeth Scott Moïse

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

See all updates »

Brad Moody

[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

See all updates »

Brian Moore

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

See all updates »

Thomas Moran

[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 »

Wesley Moran

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

See all updates »

Phillip Mullinnix

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

See all updates »

Ann Murray

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)

See all updates »

Josh Myers

EEOC Issues Final Rule Implementing the Pregnant Workers Fairness Act

On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued its Final Rule implementing the Pregnant Workers Fairness Act (PWFA). The Final Rule will go into effect on June 18, 2024, nearly a year after the EEOC…more

Employee Rights, Employees, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Federal Labor Laws

See all updates »

Lauren Nations

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

See all updates »

Craig Nazzaro

[Webinar] Brokered Deposits Best Practices for Bank Fintech Partnerships - July 25th, 11:00 am - 12:00 pm ET

You're Invited! Nelson Mullins invites you to a one-hour webinar entitled, "Brokered Deposits Best Practices for Bank Fintech Partnerships," on July 25. Partners Brad Rustin and Craig Nazzaro along with associate Marianna…more

Banking Sector, Banks, Best Practices, Brokered Deposits, Continuing Legal Education

See all updates »

Edgar Neely, IV

Federal Court Finds Pension Plan “Established” by Hospital Authority is Exempt from ERISA

The case involves a dispute over the sponsorship and funding obligations for a pension plan formed by a Hospital Authority in Georgia. Our…more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Exemptions, Non-Profit Hospitals

See all updates »

Brandon Neuman

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

See all updates »

Daniel Newman

[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

See all updates »

Richard North Jr.

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

See all updates »

Daniel Nunn Jr.

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

See all updates »

Funmi Osinubi

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

See all updates »

Lawrence Ostema

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

See all updates »

Richard Otera

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

See all updates »

Konnor Owens

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

See all updates »

Eric Paine

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

See all updates »

Nathaniel Pencook

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

See all updates »

Jeffrey Perry

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

See all updates »

Nicole Phe

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

See all updates »

Colleen Pleasant Kline

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

See all updates »

Kevin Polansky

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

See all updates »

Eli Poliakoff

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

See all updates »

Christopher Shaun Polston

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

See all updates »

Jody Porter

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

See all updates »

Brandon Prince

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

See all updates »

Raymond Prince

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

See all updates »

Jack Pringle

California Privacy Protection Agency Launches Informative Blog for Privacy Updates

The California Privacy Protection Agency (CPPA) has taken a step towards enhancing transparency and public engagement around its objectives and priorities by launching its official blog. This platform, available at CPPA Blog |…more

California, California Privacy Protection Agency (CPPA), Compliance, Consumer Privacy Rights, Data Privacy

See all updates »

Seth Proctor

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

See all updates »

Michael Rafter

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)

See all updates »

Shane Ramsey

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

See all updates »

Zalak Raval

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)

See all updates »

George Ray

Gold Dome Report - Special Alert

State Agency Seeks Feedback on Targeted Georgia Tax Incentives - As the Georgia General Assembly works to assess the cost and effectiveness of the state's tax credits and exemptions, Georgia taxpayers have an opportunity this…more

Comment Period, Georgia, Regulatory Agenda, State and Local Government, State Legislatures

See all updates »

Mark Raymond

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

See all updates »

Alexander Raytman

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

See all updates »

Malinda Reed

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

See all updates »

Kelly Reid

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

See all updates »

Jane Remillard

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

See all updates »

Karen Rigberg

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

See all updates »

Alyssa Riggins

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 »

Stephanie Robin

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

See all updates »

Jay Rogers

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

See all updates »

James Rollins

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)

See all updates »

Carl Rosen

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 »

Ethan Rosenfeld

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

See all updates »

Sam Rosenthal

[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

See all updates »

Paul Rothstein

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

See all updates »

Brian Russ

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

See all updates »

J. Brennan Ryan

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 »

Jonah Samples

Reacting to Tyler v. Hennepin County: Nebraska Supreme Court Imposes Liability on Investors

On Friday, the Nebraska Supreme Court issued its opinions in Fair v. Continental Resources, No. S-21-074, and Nieveen v. TAX 106, No. S-21-364, following remand from the United States Supreme Court in the wake of Tyler v…more

Deeds, Foreclosure, Forfeiture, Investors, Liability

See all updates »

Randall Saunders

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

See all updates »

Peter Schoemann

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

See all updates »

Wes Scott

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 »

Mike Segal

Using A Value-Based Enterprise to Integrate Specialists and Primary Care: Taking Value-Based Care to the Next Level

Meaningful progress has been made in value-based care, but the documented advances in reducing costs and improving patient outcomes have taken place predominately in the primary care sector. Significantly less headway has…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Fee-for-Service, Health Care Providers, Health Insurance

See all updates »

Suhail Seth

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

See all updates »

Lily Shannon

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 »

Robert Sheridan

Breaking: FTC Non-Compete Rule Set Aside by Texas Court

In a highly anticipated ruling yesterday, the Northern District of Texas issued a final order, which enjoined and set aside the FTC’s Noncompete ban (the “Rule”). See Ryan, LLC v. FTC, No. 3:24-cv-00986-E (N.D. Tex. 2024)…more

Arbitrary and Capricious, Competition, Confidential Information, Employer Liability Issues, Employment Contract

See all updates »

Scott Sherman

Federal Court Finds Pension Plan “Established” by Hospital Authority is Exempt from ERISA

The case involves a dispute over the sponsorship and funding obligations for a pension plan formed by a Hospital Authority in Georgia. Our…more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Exemptions, Non-Profit Hospitals

See all updates »

Woojin Shin

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

See all updates »

Arina Shulga

[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

See all updates »

Jerome (Jay) Shuman Jr.

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

See all updates »

Shaniqua Singleton

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

See all updates »

Kate Skagerberg

IARC Plans Evaluation of Automotive Gasoline and Oxygenated Additives in Early 2025

The International Agency for Research on Cancer (IARC) announced that it will be evaluating “automotive gasoline and some oxygenated additives” between February and March 2025 per IARC Monographs – Volume 138. The additives to…more

Air Pollution, Cancer, Environmental Policies, Motor Vehicles, Oil & Gas

See all updates »

Helen Sloat

Gold Dome Report - Special Alert

State Agency Seeks Feedback on Targeted Georgia Tax Incentives - As the Georgia General Assembly works to assess the cost and effectiveness of the state's tax credits and exemptions, Georgia taxpayers have an opportunity this…more

Comment Period, Georgia, Regulatory Agenda, State and Local Government, State Legislatures

See all updates »

Jill Gorny Sloper

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

See all updates »

Jack Slosson

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

See all updates »

Ashleigh Smaha

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

See all updates »

Dean Smith

Courts Remain Divided on Whether Avoidance Actions are Estate Property That May be Sold

Nelson Mullins reported on March 25 that 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…more

Avoidance, Bankruptcy Code, Bankruptcy Preferences, Commercial Bankruptcy, Section 547

See all updates »

Newman Jackson Smith

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)

See all updates »

B. Rush Smith III

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 »

Rachel Sternlieb

Surviving Rejection: Noncompete and Confidentiality Provisions and Stand-Alone Agreement Survive Rejection of Franchise Agreement

The rejection of agreements under 11 U.S.C. § 365 isn’t always as straightforward as you might think. In an opinion issued in In re Empower Cent. Michigan, Inc., No. 23-31281-JDA, 2024 WL 1848504, (Bankr. E.D. Mich. Apr. 26,…more

Bankruptcy Code, Bankruptcy Court, Confidential Information, Franchise Agreements, Non-Compete Agreements

See all updates »

Susan Stoffer

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 »

Phillip Strach

FTC Non-Compete Ban to Become Effective in Early September Following Pennsylvania, Texas Rulings

With prior articles published in April and May, Nelson Mullins has been tracking the FTC Noncompete Final Rule banning non-competition provisions (the “Rule”) for months. The Rule remains on track to take effect on September 4,…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Hiring & Firing, Non-Compete Agreements

See all updates »

E. Peter Strand

[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 »

Lyndsey Stults

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

See all updates »

Catherine Summa

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)

See all updates »

Jonathan Talcott

[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 »

Taylor Tapley Daly

[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

See all updates »

Gregory Taube

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

See all updates »

Johnathan Taylor

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

See all updates »

Katerina Taylor

[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

See all updates »

Amanda Tecklenburg

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

See all updates »

Frank Terzo

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

See all updates »

Carmen Harper Thomas

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 »

Dylan Trache

Purdue Pharma Plan Blocked, Supreme Court Bars Third-Party Releases in Bankruptcy

A sharply divided U.S. Supreme Court has barred the issuance of non-consensual third-party releases in Chapter 11 Plans. In a 5-4 decision, the court held that “the bankruptcy code does not authorize a release and injunction…more

Bankruptcy Code, Bankruptcy Plans, Chapter 11, Commercial Bankruptcy, Debtors

See all updates »

Kevin Tran

[Webinar] FinTech University: Regulation of the Use of AI by Financial Institutions - July 9th, 2:00 pm - 3:00 pm EDT

Continuing the FinTech University series, join Richard Levin, chair of Nelson Mullins’ FinTech and Regulation Practice, Nelson Mullins partner Kevin Tran, and of counsel Bobby Wenner for “Regulation of the Use of AI by Financial…more

Artificial Intelligence, Continuing Legal Education, Financial Institutions, Financial Services Industry, FinTech

See all updates »

Andrew Tucker

[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 »

Raul Valero

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

See all updates »

Mark VanderBroek

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 »

Charles Vaughn

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

See all updates »

P. John Veysey

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

See all updates »

Geoffrey Vickers

[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

See all updates »

Tim Wagner

Death, Taxes, and Crypto Reporting – The Three Things You Cannot Escape

The IRS released a draft of Form 1099-DA “Digital Asset Proceeds from Broker Transactions” in April which will require anyone defined as a “broker” to report certain information related to the sale of digital assets. The new…more

Brokers, Cryptocurrency, Digital Assets, Financial Services Industry, Internal Revenue Code (IRC)

See all updates »

Anita Wallace Thomas

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

See all updates »

Megan Ware-Fitzgerald

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

See all updates »

D. Martin Warf

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

See all updates »

Caroline Warner

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

See all updates »

Kelly Dunn Waters

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

See all updates »

Bobby Wenner

[Webinar] FinTech University: Regulation of the Use of AI by Financial Institutions - July 9th, 2:00 pm - 3:00 pm EDT

Continuing the FinTech University series, join Richard Levin, chair of Nelson Mullins’ FinTech and Regulation Practice, Nelson Mullins partner Kevin Tran, and of counsel Bobby Wenner for “Regulation of the Use of AI by Financial…more

Artificial Intelligence, Continuing Legal Education, Financial Institutions, Financial Services Industry, FinTech

See all updates »

Lucas Westby

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

See all updates »

Edward White

Biden Administration Finalizes Stronger Rules On Mental Health Coverage Parity

Summary: Under a final rule released by the Biden administration on Sept. 9, 2024, health insurers will be required to cover mental health care and addiction services on par with other medical conditions. This rule is part of a…more

Biden Administration, Department of Health and Human Services (HHS), Department of Labor (DOL), Employee Benefits, Health Insurance

See all updates »

Lashania White

FDIC Reemphasizes Focus on FinTech Partnerships and Account Reconciliation

In what should come as no surprise to FinTech sponsor banks, the FDIC is reemphasizing the need to maintain control over synthetic account ledgers in the wake of the Synapse collapse. On September 17, the FDIC's rulemaking board…more

Deposit Accounts, FDIC, Financial Services Industry, FinTech, Living Will

See all updates »

Kelly Whitehart

[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 »

Marc Williams

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

See all updates »

Jillian Willis

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)

See all updates »

John Willis

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

See all updates »

Robert Wilson Jr.

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

See all updates »

Jennifer Winkler

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)

See all updates »

Timothy Wombles

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 »

Sean Worley

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

See all updates »

Liuying (Ashley) Wu

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

See all updates »

Roy Wyman

[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)

See all updates »

Elaine Yap

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)

See all updates »

Soren Young

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 »

Matthew Zischke

Federal Court Finds Pension Plan “Established” by Hospital Authority is Exempt from ERISA

The case involves a dispute over the sponsorship and funding obligations for a pension plan formed by a Hospital Authority in Georgia. Our…more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Exemptions, Non-Profit Hospitals

See all updates »