Nelson Mullins Riley & Scarborough

(The following information was supplied by the firm)

Managing Partner: James K Lehman
Number of partners: 471
Number of other lawyers: 336

Firm Overview:
Established in 1897, Nelson Mullins has more than 800 attorneys and government relations professionals with offices in 11 states and Washington, DC. The firm has more than 50 diversified practice areas and represents a variety of clients ranging from start-up technology companies to Fortune 500 corporations.

Main Areas of Practice:

Litigation:
Firm attorneys represent clients in several areas, including commercial, technology, white-collar and government investigations, labor and employment, products liability, and mass torts. Attorneys advise clients in class actions, contract disputes, corporate takeovers, professional liability, securities and financial fraud.

Corporate/M&A:
Firm attorneys have broad experience across many industries and have handled hundreds of M&A transactions ranging in size from less than $5 million to more than $1 billion. They represent clients, which include public and privately held companies, private equity groups, management groups and investment banks.

Financial Services:
Firm attorneys provide counsel in the areas of business torts, securities, antitrust matters, lending liability claims, and contract disputes to financial institutions, including state and national banks and their holding companies, as well as bank technology companies and bank service organizations.

Real Estate:
Firm attorneys help companies buy, sell, lease, develop, manage, and finance real estate, including large portfolio transactions. Client services range from national counsel roles on large portfolio transactions to development counsel to recurring and large volume commercial leasing work for both landlords and tenants to real estate and bankruptcy litigation and loan workouts.

Pharmaceutical & Medical Devices:
Firm attorneys effectively handle claims regarding clients’ products and services. They have experience with mass torts and multi-district litigation, which requires coordination with attorneys across the United States.

Healthcare:
Firm attorneys work closely with clients to navigate the complex issues and regulatory parameters associated with various types of transactions, including joint ventures, mergers and acquisitions, financing, service line development, PHO and ACO formations. They guide clients on clinical trials, data security/patient privacy, electronic health information, patient care and operational issues, healthcare reimbursement, and telemedicine. And firm litigators represent clients in courtrooms across the United States on healthcare matters.

e-Discovery:
Firm attorneys and professionals provide clients enterprise-wide solutions on preservation and information governance, counsel and advocacy on discovery issues, coordination of defensible discovery review strategies, e-discovery and litigation technology support, document review operations, as well as data migration, hosting, processing, and advanced analytics strategies.

Mass Tort Litigation:
Firm attorneys are equipped to handle or coordinate the defense of mass torts claims on an individual, regional or national basis, and serve as national trial and coordinating counsel for leading US companies.

Government Relations:
Firm attorneys and policy advisors provide assistance to advisors and advocates by leveraging deep bipartisan relationships to provide political intelligence and develop public policy and government relations strategies.

Bankruptcy/Creditors’ Rights & Restructuring:
Firm attorneys represent clients in negotiations and courtrooms in bankruptcy and other insolvency matters around the country. They represent companies in financial distress, commercial banks, bankruptcy trustees and receivers, purchasers of distressed assets and committees in bankruptcy courts across the United States.

Labor & Employment:
Firm attorneys defend employers in matters such as discrimination cases, common law wrongful discharge, breach of contract claims and NLRB matters. They are experienced in defending class actions, including collective actions brought under the Fair Labor Standards Act.

International:
Firm attorneys and professionals have deep experience in international matters and compliance with related US federal agencies, including international business transactions, customs and trade, mergers and acquisitions, in-bound and out-bound foreign direct investments.

Intellectual Property:
Firm attorneys have hundreds of years of collective experience in patent preparation, prosecution, opinions, client counseling, post-grant practice and litigation.

Key Contacts

Firm Rankings

Banking & Finance
Band 1

Capital Markets
Band 3

7.0

Commercial Litigation
Band 1

Corporate/M&A
Band 1

Environment
Band 1

Healthcare
Band 1

IP
Band 2

8.0

IP: Patents
Band 2

8.0

IP: Trademarks
Band 3

7.0

Labour & Employment
Band 3

7.0

Litigation
Band 3

6.0

Private Wealth Law
Band 2

8.0

Real Estate
Band 3

6.0

Articles

Protecting Your Brand: Steps Every Brand Owner Should Know

Registering a trademark is an essential first step for brand owners who want to safeguard the reputation and value built up in their trademarks. But it’s not the only action they need to consider. Every brand owner has an affirmative duty to actively monitor and police the marketplace for potential and actual instances of infringement […]

To Appeal or Not to Appeal?

Ten Considerations Guiding Whether to Appeal from the Trial Court in North Carolina In the Spring 2024 edition of the NC State Bar Journal, Nelson Mullins appellate lawyers Lorin J. Lapidus and Martin Warf authored an article titled, “To Appeal or Not to Appeal? Ten Considerations Guiding Whether to Appeal from the Trial Court in North Carolina.” This State Bar […]

Bank Activity Fuels South Florida’s Economic Growth

After two years of economic uncertainty, record-setting inflation, increased regulatory scrutiny, and more, banks are finally experiencing some relief. In an article published by The Daily Business Review, Nelson Mullins attorneys Gary Itskovich and Rusty Melges discuss the state of the banking industry and its expected growth in 2024, specifically in South Florida. “So far, […]

Healthcare Employers: Don’t Miss New Employee Classification Requirements

The Department of Labor (DOL) recently issued a new rule Regarding Employee Classification that may impact employers within the healthcare industry. The new rule promulgated by the DOL gives updated guideposts on proper classifications of independent contractors and employees and will make it more difficult to classify workers as independent contractors. Click here to read more […]

Becoming Antitrust Aware in 2024

Top Five Recommendations for the New Year A new year means resolutions which are often centered around self-improvement measures like weight loss, exercise plans, and other health improvement measures. Companies can also benefit from resolutions. Increasing antitrust awareness is not usually on the resolution list but here we offer some ideas for companies as they […]

‘Missing Middle’ Property Tax Exemption Now Available

In an article published on Nov. 24 in the Orlando Business Journal, Nelson Mullins attorneys Hollie Croft, David Leon, and Nick Heckman discuss the opening of the Florida Housing Finance Corp.’s Multifamily Middle Market Certification portal, commonly known as the “Missing Middle” property tax exemption for qualifying multifamily workforce developments. Croft, Leon, and Heckman explain that “the Missing Middle property […]

AI: Considering the Regulatory and Legal Implications

In an article published on Nov. 29, 2023, in Medical Device & Diagnostic Industry, Mike Halaiko and Alexandra Moylan discuss data privacy and compliance considerations for the use of AI in clinical research. “AI can make the data collection and analysis process involved in clinical research more efficient; it can help the research team identify patterns, and correlations and evaluate […]

Court Decision Affirms Dismissal for Failure to Comply with Lone Pine Order

ecently, Ohio’s First District Court of Appeals affirmed a trial court’s order dismissing a product liability case with prejudice, holding that the trial court’s “discovery order,” which stayed discovery while requiring the plaintiff to produce evidence of the signature injury alleged in the complaint, was not an abuse of discretion. See Warman v. LivaNova Deutschland, GMBH, […]

How Far Will FTC Expand Health Breach Notification Rule Enforcement?

In an article published on Dec. 19 in Healthcare IT News, partner Patricia Markus and associate Shane Duer discussed proposed new changes to the Health Breach Notification Rule aimed at health and wellness apps and similar technologies that utilize and store health information. “Unlike the HIPAA Breach Notification Rule, which has been enforced with increasing frequency […]

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 temporary monetary incentive for not disenrolling persons enrolled in Medicaid during the PHE, among other conditions. When this monetary incentive disappeared, […]

Turkeys Pardoned – New Share Repurchase Rule Delayed – Is It That Simple?

(What About Those Issuer 10b5-1 Plan Disclosures?) Yes – a Thanksgiving tradition continued last week when President Biden pardoned turkeys Liberty and Bell from what would otherwise have been an unpleasant Thanksgiving experience. That’s not the only leniency (albeit probably not as long-lasting as the reprieve given Liberty and Bell) dispensed by the government this […]

OIG Issues Unfavorable Opinion

Bundling Free Items with Reimbursable Services On Oct. 25, 2023, the Office of Inspector General (OIG) for the Department of Health and Human Services (DHHS) issued an unfavorable opinion in response to a manufacturer’s proposal to offer and provide a free compatible hearing aid to certain patients, including federal health care program beneficiaries, who receive […]

Game On: Taking Advantage of Multiple IP Protections in the Gaming Industry

By Nichole Hayden, Zahra Asadi From electronic slot machines and casino games to online betting platforms, the gaming industry heavily relies on intellectual property to protect its innovations and graphics, and to prevent competitive copycats. So, what is intellectual property? Intellectual property is a broad description of rights which protect intangible creations, can be owned, and can […]

Circuit Rulings Confirm Chapter 11 Trustee Fee Refund Trend

In an article published by Law360.com on Sept. 19, Nelson Mullins of counsel attorney Adam Herring shared his analysis of recent circuit decisions regarding remedies for Chapter 11 debtors that overpaid quarterly U.S. Trustee fees held to be unconstitutional by the U.S. Supreme Court decision in Siegel v. Fitzgerald. While Siegel “resolved a significant controversy in bankruptcy […]

Info Exchanges Must Stay Inside Now-Invisible Antitrust Lines

By Denise M. Gunter, Andrew Lee, Karen Rigberg In an article published on September 14, 2023, in Law360, Denise Gunter, Andrew Lee, and Karen Rigberg discuss how parties involved in information exchanges can navigate the changing landscape as the FTC and DOJ exit long-standing policy statements and propose new guidelines for horizontal and vertical mergers. “While the agencies’ withdrawal from the long-standing […]

Drive for Equitable Healthcare Access: Departments Seek Public Input on Over-the-Counter Preventive Services

By Christine Burke Worthen, Wes Scott, Jason Brace, Lily Shannon On September 29, the Centers for Medicare & Medicaid Services (CMS) reported that the federal Departments of Health and Human Services, Labor, and the Treasury departments are seeking public input on the possibility of ensuring coverage and access to over-the-counter (OTC) preventive services without cost-sharing or a prescription from a healthcare provider. […]

New Rule to Regulate Laboratory Developed Tests

New Rule to Regulate Laboratory Developed Tests Proposed by FDA By Christopher Hanson The U.S. Food and Drug Administration (FDA or the Agency) recently proposed a new rule that has sparked controversy among clinical laboratories and medical device manufacturers. The current regulatory landscape for laboratory developed tests (LDTs) will completely shift under the proposed rule. […]

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

This is the third installment of our series1 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 this topic, we have been fortunate to assist a number of clients in forming both de novo2 and de facto de novo banks, including […]

Medicaid Expansion in North Carolina

North Carolina Governor Roy Cooper announced on September 22, that the state’s $30 billion budget bill will become law and effective on October 1. The budget bill funds the North Carolina Medicaid expansion agreement that was signed in March, but was pending budgetary approval before Medicaid coverage could be implemented by the Department of Health […]

In Florida and Elsewhere, Thank Smart Politics for a Thriving Construction Sector

In an article published on July 17, 2023, in City & State Florida, partner Robert Alfert discusses recent, significant legislative initiatives in the construction sector, focusing primarily on the overwhelming need for affordable housing, federal and state infrastructure funding, manufacturing and ‘Buy America’ requirements, and Florida’s shortened period of repose for construction claims. “While division and political posturing […]

Why All Eyes Are On Florida’s Affordable Housing Reform

In an article published on August 4 in Law360, David Leon, Hollie Croft, and Nick Heckman discuss Florida’s Live Local Act and how developers across the country are discussing the act’s zoning preemption provisions and its missing-middle property tax exemption. “The new statutory provisions allow multifamily developers to develop projects on land that is currently zoned as commercial, industrial […]

Take It to The House? Legal Risks for Universities Bringing NIL Collectives In House

In an article published in the July-August 2023 edition of the LEAD1 Association’s Name, Image, and Likeness Institutional Report, Nelson Mullins partner Dan Cohen described the principal risks to universities that are considering bringing NIL collectives in-house. “Universities, which have long cooperated with tax-exempt, affiliated foundations to raise money for their athletics departments, should be […]

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 notification process. If adopted as a final rule, the proposed changes will be massive and will require filers to submit extensive […]

FDA Publishes Informed Consent Final Guidance for Drug and Medical Device Clinical Investigations

The U.S. Food and Drug Administration (FDA or the Agency) has issued the final guidance document, “Informed Consent: Guidance for Institutional Review Boards, Clinical Investigators, and Sponsors” (Final Guidance). The 61-page document supersedes the Agency’s “A Guide to Informed Consent” (Sept. 1998) and finalizes the draft guidance, “Informed Consent Information Sheet” (July 2014). The document provides general […]

Exploring Lucrative Investment Opportunities in S. Fla.’s Strip Malls and Shopping Centers

In an article posted on July 12, Nelson Mullins Riley & Scarborough LLP partner Raul Valero and associate Michael Marcus, who both work out of the firm’s Boca Raton, Florida office, shared their insights on investment opportunities in South Florida strip malls and shopping centers — and what opportunities for developers that those commercial hubs also may […]

In Florida and Elsewhere, Thank Smart Politics for a Thriving Construction Sector

In an article published on July 17, 2023, in City & State Florida, partner Robert Alfert discusses recent, significant legislative initiatives in the construction sector, focusing primarily on the overwhelming need for affordable housing, federal and state infrastructure funding, manufacturing and ‘Buy America’ requirements, and Florida’s shortened period of repose for construction claims. “While division and political posturing […]

FTC Proposes Major Changes to Hart-Scott-Rodino Process

Changes mean filers will face significantly increased burden and expense On June 27, 2023, the Federal Trade Commission (FTC), with the concurrence of the U.S. Department of Justice (USDOJ), released a 133-page Notice of Proposed Rulemaking (NPRM) seeking to overhaul the Hart-Scott-Rodino Act of 1976’s premerger notification process.[1] Under the HSR Act, parties to mergers, acquisitions, […]

Proceed with Caution: Antitrust Considerations and Guardrails for Hospital Mergers and Acquisitions

In an article published on July 7, 2023 in the American Health Law Association’s Health Law Weekly, Carrie Hanger, Denise Gunter, and Colleen Pleasant Kline, provide insight into how hospitals can avoid anti-trust pitfalls by taking the appropriate steps to structure their transactions appropriately. “Having appropriate strategies can mitigate potential antitrust risks involved in hospital consolidation, from the […]

Navigating Reasonable Accommodation And Confidentiality For Employees With ADHD, Part 3

n an article published on June 30 in HR.com’s HR Legal and Compliance, Nelson Mullins attorneys John Veysey and Rose Collins further discuss how employers must navigate reasonable accommodation for employees with ADHD while maintaining confidentiality. Veysey’s commentary includes best practices and a focus on the promotion of mental health support and diversity, equity, and inclusion in […]

The Other Shoe Drops: What the FTC’s Withdrawal of Antitrust Guidance in the Healthcare Industry and the Demise of its Information Sharing Safety Zone Means for Clients

With minimal fanfare on a quiet summer Friday afternoon, the Federal Trade Commission (FTC) did what many have been expecting it to do for several months: it officially withdrew from two healthcare antitrust enforcement policy statements (the Statements) it co-authored with the Department of Justice Antitrust Division (DOJ) in 1996 and 2011.[1] The DOJ had already […]

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 care services and equipment such as acute care beds, operating rooms, and MRI scanners. If a need determination […]

Supreme Court Broadens Grounds for Personal Jurisdiction Over Corporate Entities

The Supreme Court’s recent opinion in Mallory v. Norfolk Southern R. Co. is the most significant decision on the exercise of personal jurisdiction over corporations since Daimler AG v. Bauman, 571 U.S. 117 (2014). In Mallory, the Court held that the Fourteenth Amendment’s Due Process clause allows states to require corporations to consent to the exercise of general […]

2 Rulings Show How Electricity May Factor Into Bankruptcy

Nelson Mullins partner Shane G. Ramsey offered his thoughts on two recent bankruptcy court decisions and how they’ve impacted the bankrupty code and other aspects of bankruptcy law. “Two 2023 decisions, however, have officially evened the split among the courts. First, on Feb. 3, the U.S. District Court for the District of Oregon issued an […]

Co-Conspirators Beware: Where the College Athlete NIL Litigation Stands and What Might Happen Next

In an article published as part of the LEAD1 Association’s May-June 2023 Name, Image and Likeness (NIL) Institutional Report, Nelson Mullins partner Dan Cohen and senior associate Priscilla Szeto delve into issues currently being litigated in the NIL class action lawsuit pending before the U.S. District Court in the Northern District of California, also known […]

Why Central Florida Project Developers Need to Pay Attention to Florida’s Live Local Act

David Leon and Hollie Croft discuss the impact of Florida’s Senate Bill 102, known as the Live Local Act, on the promotion of workforce housing development, zoning provisions, and property tax exemption incentives. “These new statutory provisions provide great incentive to developers to provide affordable and workplace housing in our state,” say Leon and Croft. “We already are […]

SCOTUS Affirms the DOJ’s Power to Dismiss False Claims Act Actions

On Friday June 16, 2023, the Supreme Court of the United States in an 8-1 decision affirmed the Third Circuits decision in Polansky v. Executive Health Resources, Inc.[1] and resolved a circuit split in a long-awaited decision. The Supreme Court resolved two questions: (1) whether the government has authority to dismiss a False Claims Act (FCA) […]

Auto-GPT: And You Thought GPT Was Revolutionary

Auto-GPT is a new generative artificial intelligence (AI) application in which the AI autonomously “self-prompts” to engage beyond a human-chatbot discussion and into a realm of AI self-prompted task lists and potential actions without the need for additional human inputs. This potentially puts the “traditional” GPT models on a fast track to further reduce human […]

Forfeiture of Tax Sale Surplus Proceeds is a Governmental Taking

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 in a unanimous opinion […]

Legal Implications of Using ChatGPT and Generative AI in the Workplace

Here are best practices and tips for implementing AI into the workplace. Also the preeminent legal risks for utilizing AI, including data privacy and security and bias in hiring and evaluations. “Like most things, using ChatGPT and generative AI tools does not come without risk — professional, technological, and, importantly, legal,” says Singleton. “With a […]

Don’t Rely on Examiner Reports as Evidence in Chapter 11 Cases

Nelson Mullins partner Gary M. Freedman, chair of the firm’s bankruptcy and financial restructuring practice group, shared his analysis of using examiner reports as evidence in Chapter 11 cases. Freedman focuses his practice on bankruptcy and restructuring, receiverships, complex business litigation, creditors’ rights, financial services, commercial foreclosure, director, officer, manager, and member liability litigation, and fraud litigation. […]

Supporting NIL Collectives … But Not Too Much

Nelson Mullins attorneys Daniel Cohen and Donovan Sowder discussed the legal considerations that universities should undertake in choosing to support NIL collectives. Specifically, the authors wrote that universities should consider the potential for imputed Title IX liability that may arise with supporting an NIL collective that favors male student-athletes and operates beyond purely market-based NIL […]

Commercial Real Estate Booming in Post-COVID South Florida

In an article published in the Daily Business Review on April 20, 2023, Nelson Mullins Riley & Scarborough LLP real estate partners David Itskovich and Raul Valero, and associate Nick Carbo discussed how the post-COVID-19 environment has affected the South Florida real estate market. When speaking about how the area started to become the “Wall […]

The End of Globalization?

In an article published by ACC Docket, Nelson Mullins partner Jay Rogers and Andrew Rink of JELD-WEN discussed how the end of globalization could present multiple obstacles for attorneys who advise clients with operations abroad. The geopolitical shift of de-globalization will impact the practice of law, Rogers and Rink wrote, and the authors warned readers […]

Bankruptcy 101: Bankruptcy Cases, Adversary Proceedings, and Contested Matters

Bankruptcy Basics for New and Non-Bankruptcy Attorneys Bankruptcy law and many of the concepts therein can seem foreign for many professionals who do not regularly practice in this area of the law. And bankruptcy terminology can seem like a new language, even with regard to seemingly simple terms. For example, there are technically three different […]

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 summarized below the major sections of the bill that provide incentives to developers constructing affordable and workforce housing in Florida. […]

NFTs Found to Infringe Hermès Trademark

In a case with clear implications for non-fungible token art-based projects, a federal jury in the case of Hermès International, et al. v. Mason Rothschild, 1:22-cv-00384 (SDNY), found in favor of fashion brand Hermès in its lawsuit concerning digital artwork consisting of images of Hermès’ Birkin handbag. Specifically, the jury found that Rothschild was liable for […]

Navigating the Business Landscape After Silicon Valley Bank and Signature Bank

Key Questions and Answers for Companies, Founders, Executives and Investors NOTE: The information contained in the following alert is up-to-date as of March 15, 2023. News and events are evolving, so check the websites for the FDIC and the applicable banks for updates and announcements. Start-up, emerging, middle market and other companies and their founders, […]

7th Circ. Ruling Highlights Risks Of Foreign Debt Collateral

In an article published by Law360, Atlanta-based associate Mark Gensburg examined the U.S. Court of Appeals for the Seventh Circuit’s decision on the subject of foreign creditors and collateral in the Chapter 11 bankruptcy case of Joseph C. Sheehan, a retired surgeon who had emigrated from Ireland to the United States. “When a debtor files for bankruptcy, […]

SEC Case is a Warning Governance Tokens May Be Securities

In an article published by Law360 on February 7, Nelson Mullins FinTech partners Arina Shulga and Jeff Kelly discuss new charges brought by the U.S. Securities and Exchange Commission that raise serious questions for digital assets projects. The latest complaint the SEC filed on Jan. 20, 2023 against Avraham Eisenberg reinforces its position that most tokens are securities and […]

The Anatomy of a Clinical Trial Agreement

In the February edition of Compliance Today, partners Hannah Cross, Michael Halaiko, and Alexandra Moylan provided insight and an overview of the anatomy of clinical trial agreement, or CTA. The trio of authors discussed the basics, contracting, then took a deep dive in to the subject. “Those involved in clinical trial agreements (CTAs) are intimately […]

Avoiding Imputed Liability Under Title IX For NIL Collectives’ Football Favouritism

In an article published as a part of the LEAD1 Association’s January-February 2023 Name, Image, and Likeness (“NIL”) Institutional Report, Nelson Mullins attorneys Daniel Cohen, Alexis Trumble, and Donovan Sowder discussed the potential for academic institutions to be subject to imputed liability under Title IX based on their support of or involvement with NIL Collectives. […]

ChatGPT: The Future May Be Bright, But on What Terms?

This is the first post in a series of posts by our team regarding the use and application of “artificial intelligence” or similar tools and related legal issues. Our first post relates to reviewing OpenAI’s current Terms of Use which apply to the products and services of OpenAI (including Chat Generative Pre-trained Transformer, or “ChatGPT.”)  Before we […]

Ruling Highlights Risks Of Foreign Debt Collateral

n an article published by Law360, Atlanta-based associate Mark Gensburg examined the U.S. Court of Appeals for the Seventh Circuit’s decision on the subject of foreign creditors and collateral in the Chapter 11 bankruptcy case of Joseph C. Sheehan, a retired surgeon who had emigrated from Ireland to the United States. “When a debtor files for bankruptcy, […]

Data Privacy Laws and Clinical Trials: The Complicated Intersection of Protecting Patient Data and Clinical Research

Led by the framework of the General Data Protection Regulation (GDPR) within the European Economic Alliance (EEA), the privacy landscape in the United States and much of the world is quickly evolving. Clinical trials involve the collection of Personal Health Information (PHI) as defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) […]

Product Liability Law Education for Product Safety Professionals

Nelson Mullins partner John Kuppens and associate Kelly Reid had their article featured in ADK’s 2023 Product Safety and Recall Directory where they indicate the importance of preparation when it comes to product liability concerns and issues. The pair describe proactive product safety steps to follow when company liability claims and theories are present and […]

FDA Reveals Planned 2023 Regulatory Actions

The Biden Administration issued the Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions (the Unified Agenda) earlier this month. Typically published twice a year in the spring and the fall by the Office of Information and Regulatory Affairs (OIRA), the Unified Agenda includes contributions from federal agencies regarding planned short- and long-term rulemaking actions. Short-term actions […]

SEC Releases Sample Letter to Companies Regarding Crypto Market Developments

Similar to recent sample comment letters released regarding climate change disclosure, China-based companies, and Russia’s invasion of Ukraine, the SEC has released a sample letter to companies regarding recent developments in crypto asset markets. The sample comments demonstrate the SEC’s view of the types of disclosures companies should consider if they face exposure to volatility in crypto markets, including […]

Nothing Gets Between These Celebrities and Their Crypto… Except a Class Action Lawsuit (and the Feds)

There is little in this world more valuable than fine art. Just ask Paul Allen, whose collection of paintings and sculptures recently fetched over $1.5 billion at auction, including $117 million for van Gogh’s “Verger avec cyprès.” But, as so often happens, the financial rewards of fine art accrue to the collector, not the artist.  Van Gogh […]

Telemedicine Arrangements: OIG Special Fraud Alert

In recent years, telemedicine has emerged, given the increased access to care and the efficiency it provides practitioners, especially during a public health emergency. However, the arrangements that practitioners, particularly physicians, make with telemedicine entities vary in design and operation and may implicate federal laws, such as the federal Anti-Kickback Statute (AKS). The U.S. Department […]

Fantasy Sports Operators Subject to New Massachusetts Tax

Fantasy Sports Operators Subject to New Massachusetts Tax The Massachusetts sports betting bill (“H.5164”) was signed into law in August 2022 by Governor Charlie Baker (more here on the impact of the bill). Included in the bill were two key provisions carving out fantasy sports contests from the definition of sports wagering1 and levying a separate 15 percent […]

Why the Metaverse is Tricky for Data Collection and Discovery

In an article published by Bloomberg Law, Nelson Mullins attorneys Mallory Acheson and Jason Epstein discuss data collection and discovery implications of increasing investment and participation in virtual technologies like the metaverse, including growing litigation involving intellectual property rights, harassment, and assault in the virtual space. “While the metaverse may be a new concept to many, collection and production […]

Health System Settles Case on Free CME; It Self-Disclosed After Internal Review

In an article published in the Report on Medicare Compliance, Nelson Mullins Nashville partner Bob Wade discussed the topic of free continuing medical education (CME) and meals for physicians. “It’s a huge struggle in every hospital,” said attorney Bob Wade. “Their medical staff goes off and does their thing and sometimes there is little oversight between […]

What’s Up With the SEC’s Probe Into the Use of WhatsApp?

Instant messaging apps—WhatsApp, Facebook Messenger, Snapchat, Telegram, Signal, and iMessage, to name just a few—have become ubiquitous in the 15 years since Apple released the first iPhone.  Chances are that you have one or more of those apps on your phone right now.  If you are in the financial services industry, beware.  In October it was […]

Of Course There Are Guardrails – NIL and Civil Rights Laws

In their second published article for the LEAD1 Association, Dan Cohen and Lexi Trumble discuss Title IX gender equity implications of the “wild west” of Name, Image, and Likeness (NIL) activities. Title IX provides critical guardrails that, if not respected, could create significant legal risk to colleges and universities, the attorneys explain… Read more

Filing Exchange Act Reports Without a Holding Company

In an article published in the November / December issue of American Bankers Association’s Banking Journal, Brittany McIntosh, partner and outside counsel to public and private companies including banks regarding mergers and acquisitions and other corporate and transactional matters, discusses the advantages of being a publicly traded bank rather than a publicly traded bank holding company… […]

How to Prevent Plaintiffs from Getting the Last Word

Moving to strike improper or untimely rebuttal reports before filing a Rule 702 motion can help avoid the time and cost associated with preparing for unnecessary additional expert depositions and supplemental expert reports, write Cleveland Office Managing Partner Dustin Rawlin and Los Angeles partner Monee Hanna in an article for the American Bar Association’s Mass […]

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 they fail to safeguard consumer data and warned the industry against shoddy data protection practices. The circular posed this broader question to the industry: Can an entity be […]

Adding Fuel to the Fire: Is the FDIC Inadvertently Encouraging Lawsuits Against Banks Over NSF Fees?

The Federal Deposit Insurance Corporation (“FDIC”) on August 18, 2022 issued updated Supervisory Guidance on banks assessing multiple re-presentment fees against customers’ accounts. This follows the March 2022 FDIC Consumer Compliance Supervisory Highlights, which also raised similar concerns. The guidance focuses upon banks that charge a fee each time an item is presented and then returned. If insufficient […]

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 measures enjoyed by active duty service-members and their families. The joint letter advises auto finance providers to comply with protections afforded to active-duty service members […]

Will the Gaming Industry Go All in on Crypto?

The popularity of cryptocurrency exploded in 2021 and consumer interest continues to grow. One prospect of particular interest for investors is the use of cryptocurrency in the gaming industry, and for sports betting in particular.1 State legislators, regulators, and gaming operators are thus far taking a cautious approach.2 Wyoming became the first state to permit the […]

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 activities and entertainment options. The metaverse has become a haven for gaming. Users can explore […]

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 usual bell-and-whistle type updates such as improvements to the lock screen to allow for more customized looks […]

Reinventing the American Road Trip: What the Inflation Reduction Act Means for Electric Vehicle Infrastructure

The Inflation Reduction Act of 2022 (“IRA”) signifies a turning point in domestic efforts to tackle climate change. Within the multibillion-dollar package are robust investments in climate mitigation initiatives, such as production tax credits, investment tax credits for battery and solar cell manufacturers, tax credits for new and used electric vehicles (“EV”)[1], automaker facility transition grants, and […]

Too Connected: How E-Discovery Professionals Can Avoid Burnout

In an article published in the Daily Report, Columbia Encompass Discovery Counsel and Advanced Solutions Administrator Rick McGee discusses burnout and languishing in legal professionals with a specific focus on e-discovery and technology-focused practices. McGee explores solutions to remedy an increasingly common reality in a post-pandemic world. McGee examines how burnout more predominantly affects technology- Read more

The New Frontier of Digital Currency: An Uncharted Path Forward

In an article published in the Daily Business Review, Miami-based partner Daniel Newman and associate Sam Ludington discuss cryptocurrency litigation trends and the rapidly evolving legal landscape surrounding digital assets. “Without legislation or regulatory guidance, more questions around cryptocurrency remain unanswered than not,” they wrote. “Failing to consider the legal implications around cryptocurrency can result in actions and investigations […]

Federal Trade Commission Initiates Privacy Rulemaking to Curb Commercial Surveillance

In a long-anticipated action, the Democratic-led Federal Trade Commission voted 3-2 on a party-line vote to issue an Advanced Notice of Proposed Rulemaking, which seeks to limit “commercial surveillance.”  The FTC asks if new rules are needed to protect against the “business of collecting, analyzing, and profiting from information about people.”  Specifically, the Commission seeks comment […]

How Fla. Directed Trusts Allow for Greater Asset Control

While directed trusts are not a new concept, it has become more commonplace given the benefits afford by dividing power and responsibilities among the various fiduciaries. As a result, Florida has enacted legislation prescribing the responsibilities, duties and liabilities of these fiduciaries. Naples partner Jonathan Gopman discusses the Florida Uniform Directed Trust Act, or FUDTA, and explains […]

How Fee Ruling Will Affect Ch. 11 Appeals

How 10th Circ. Trustee Fee Ruling Will Affect Ch. 11 Appeals The U.S. Court of Appeals for the Tenth Circuit on Aug. 15 became the first appeals court to rule following the June 6 U.S. Supreme Court decision in Siegel v. Fitzgerald in In re: John Q. Hammons Fall 2006 LLC and held that the […]

Bankruptcy 101: Ipso Facto Clauses

Bankruptcy Basics for New and Non-Bankruptcy Attorneys This entry is part of Nelson Mullins’s ongoing “Bankruptcy Basics” blog series that is intended to address foundational aspects of bankruptcy for non-bankruptcy practitioners and professionals.  This entry will discuss how ipso facto clauses are treated in bankruptcy. Imagine you are the vendor to an entity that has […]

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 the horizon – how does a property owner or lender adequately protect itself in financing for the bumpy few years to come? Undoubtedly, […]

Rural Emergency Hospitals: The Regulations Come Into Focus

In an article published by the Rural Healthcare Initiative, summer associate Adrianne Cleven and partner and co-founder of the Rural Healthcare Initiative Bob Wilson discuss the funding and regulations released recently for Rural Emergency Hospitals. “The passage of the Consolidated Appropriations Act in late 2020 established a new type of hospital eligible for Medicare and Medicaid funding: […]

SEC Reopens Comment Period for Clawback Rules

The SEC again reopened the comment period on July 13, 2022 for its proposal for Listing Standards for Recovery of Erroneously Awarded Compensation, more commonly known as clawback rules. The proposed rules would direct the national securities exchanges to establish listing standards that would: Require each issuer to develop and implement a policy providing for the recovery, […]

State Law Restrictive Covenants Update

Nelson Mullins is continuously monitoring trends and state law changes regarding restrictive covenants in employment agreements.  Several states have recently enacted or modified legislation that may significantly restrict an employer’s ability to regulate their former employees’ post-employment activities. Likewise, several other states are considering legislation that would significantly alter the application and enforceability of non-competes. […]

Transgender Youth and Access to Healthcare

Despite recent evidence showing that debates regarding the restriction of transgender persons’ rights have negatively impacted LGBTQ+ youth mental health[1] and that physicians generally oppose legislation that interferes in or criminalizes patient care,[2] state legislatures across the United States have introduced and, in some cases, even passed bills that deny transgender youth access to best-practice medical care […]

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 survey, nearly all (98.8%) LGBTQ+ students reported hearing “gay” used in a negative way at school, 95% heard other homophobic […]

Effective Oversight of FinTech Partnerships

For today’s banks, the shift to digital and embracing financial technology is no longer an option but a requirement in order to compete. FinTechs enable banks to deploy, originate, and service customers more effectively than traditional methods; now, many customers prefer these channels. But banks are often held back from jumping into FinTech and digital […]

Vaccine Hesitancy and the Growing Divide

New data published by the Centers for Disease Control and Prevention (“CDC”) indicates that the divide between rural and urban areas in COVID-19 primary vaccination coverage has more than doubled in under a year. In April 2021, urban areas had 46% primary vaccination coverage among people aged 5 years and older who received a dose […]

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 proceedings. The American Bankers Association, the Bank Policy Institute, Consumer Bankers Association, Mortgage Bankers Association, and the U.S. Chamber of Commerce […]

40 Years After Vincent Chin

2022 marks 40 years since Vincent Chin’s brutal murder.[1] 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. The Facts In the 1980s, anti-Asian rhetoric was on the rise due in large part to the decline of the American automotive industry […]

Who gives a shot: An overview of the CMS vaccination mandate

In an article published in COSMOS, Raleigh-based partner Cara Ludwig, Charleston-based partner Phillip Mullinix, Myrtle Beach associate Konnor Owens outline the CMS vaccination mandate. “On November 5, 2021, the Centers for Medicare & Medicaid Services (CMS) issued an interim final rule with comment period (IFC) that amended Medicare and Medicaid conditions of participation related to COVID-19, staff vaccination, and infection prevention […]

Twitter’s Board of Directors Adopts a Poison Pill

Twitter adopted a poison pill (i.e., a shareholder rights plan), that included a preferred stock purchase right, a flip-in right, and flip-over right, on April 15, 2022, a day after an investor offered to buy its remaining shares for $54.20 per share, for a total of more than $43 billion. Under the poison pill, if […]

Not in My Backyard: NC Becomes First State to Prohibit Public Entities from Paying Ransoms

As part of the budget appropriations law enacted on November 18, 2021,[1] North Carolina became the first state in the nation to prohibit state agencies and local government entities from paying a ransom following a ransomware attack.[2]  The new law also prohibits public entities from communicating with a malicious actor following a ransomware attack.  Instead, such […]

New Washington Law Bans Nondisclosure and Nondisparagement Provisions and Applies Retroactively

On March 24, 2022, Washington Governor Jay Inslee signed into law ESHB 1795, which generally prohibits nondisclosure and nondisparagement provisions in agreements between employers and employees.  The law, which applies to current or prospective employees and independent contractors, makes void and unenforceable any nondisclosure or nondisparagement provisions that covers conduct an employee reasonably believes under […]

Fiduciaries versus FOMO: Department of Labor Releases 401(k) Cryptocurrency Guidance

“Not very unlike the experience of the man that built himself a palace of moon-beams, and when the moon set was surprised that his palace vanished with it.” —Herman Melville, The Confidence-Man Regulators may be nervous about workers staking their retirements on crypto. The United States Department Labor’s Employee Benefits Security Administration (the “DOL”) recently […]

GDPR Update – US and EEA May Have a Deal for “Privacy Shield 2.0”

On Friday, March 25, 2022, US President Joe Biden and European Commission President Ursula von der Leyen jointly announced that a deal has been reached to replace the former Privacy Shield framework governing data transfers from the European Economic Area (“EEA”) to the US. As they say, the devil is in the details, and to […]

A Growing Circuit Split: Does the IRS Have Sovereign Immunity from Fraudulent Transfer Claims under 11 U.S.C. § 544(b)(1)?

In a March 8, 2022 decision, the United States Court of Appeals for the Fourth Circuit issued an opinion holding, in part, that the Internal Revenue Service (the “IRS”) does not have sovereign immunity for claims arising under section 544(b)(1) of Title 11 of the United States Code (the “Bankruptcy Code”) (a 544(b)(1) claim is […]

The DOJ Pulls the Rug on the Frosties NFT Founders

On March 24, 2022, the U.S Attorney’s Office for the Southern District of New York charged two individuals for their alleged participation in a scheme to defraud purchasers of non-fungible tokens (or “NFTs”) known as “Frosties” out of over $1 million.  The two-count complaint charges Ethan Nguyen (aka “Frostie”) and Andre Llacuna (aka “heyandre”) with […]

Revisiting the Supreme Court’s 2020 Decision in Acevedo Barring Entry of Nunc Pro Tunc Orders:

Revisiting the Supreme Court’s 2020 Decision in Acevedo Barring Entry of Nunc Pro Tunc Orders: How to Ensure Your Employment and Fee Applications are Properly Approved In 2020, the United States Supreme Court issued a decision in Archdiocese of San Juan v. Acevedo Feliciano, 140 S. Ct. 696 (2020) strictly limiting the ability of federal courts […]

Gold Dome Report – Sine Die Wrap-Up

The General Assembly adjourned its 2022 Legislative Session sine die early Tuesday morning with the traditional toss of torn pieces of paper in the air. Legislators and lobbyists alike will now try to put those pieces back together and determine what really passed before the gavels and paper fell. That work will also be underway […]

The Scrivener: When is a question not a question?

At an evidence CLE at the South Carolina Bar Convention in Greenville this year, a judges’ panel discussed a hearsay issue, raising the issue of whether a witness’s out-of-court utterance—which was in the form of a question—constituted hearsay. For example, assume that a police officer asked a defendant at the time of arrest, “Can you […]

SEC Reopens Comment Period for Pay-vs-Performance

The SEC announced on January 27, a reopening of the comment period for the pay-vs-performance rules that were first proposed by the SEC in 2015 as a result of the Dodd-Frank Act.  The proposed rules would add a new subsection to Item 402 of Regulation S-K, requiring registrants to describe in both a tabular and narrative format how the executive […]

The Legal Landscape of Website Accessibility ADA Claims

In 2017, Juan Carlos Gil, who is legally blind, filed a civil action against Winn-Dixie Stores seeking declaratory and injunctive relief for Winn-Dixie’s alleged failure to maintain a website accessible to visually impaired customers in violation of Americans with Disabilities Act (ADA). The district court denied Winn-Dixie’s motion for judgment on the pleadings because the […]

Banks and FinTechs Beware: Here Come the Sanctions

Banks and FinTechs Beware: Here Come the Sanctions What We Can Learn from Previous OFAC Actions Involving FinTech Companies By Dowse Bradwell “Brad” Rustin, IV, Craig Nazzaro, Richard B. Levin With Russia’s invasion of Ukraine last week, we saw a swift response by the U.S. beginning with President Biden’s Executive Order 14024 (“The EO”) and followed quickly by the Office […]

SC Supreme Court Clarifies Statutory Cap on Punitive Damages

The South Carolina Supreme Court recently decided Garrison v. Target Corporation in which it interpreted South Carolina’s statutory cap on punitive damages. The Court reversed the Court of Appeals of South Carolina, which held that a defendant must plead the statutory cap as an affirmative defense in its first responsive pleading or waive the cap’s protections. This Court […]

Supreme Court Stays One Vaccine Mandate, Permits Another

After hearing oral arguments on Jan. 7, 2022, today the Supreme Court issued two opinions regarding the Occupational Safety and Health Administration (“OSHA”) emergency temporary standards and Centers for Medicare & Medicaid Services (“CMS”) interim final rule. In a per curiam opinion, the Supreme Court granted a stay in the enforcement of the OSHA vaccine mandate that applied to employers […]

U.S. Supreme Court Halts OSHA’s “Vaccine or Test” Mandate

On January 13, 2022, the U.S. Supreme Court blocked OSHA’s “vaccine or test” Emergency Temporary Standard (“ETS”) mandate in a split 6-3 decision.  Without the ETS, employers are not required to mandate vaccinations, but employers must still ensure the workplace has appropriate COVID-19 protocols. The ETS required employers with 100 or more employees to either […]

Significant Increases to the HSR Reporting Thresholds

FTC Announces Significant Increases to the HSR Reporting Thresholds In the wake of robust merger and acquisition activity and the resulting unprecedented numbers of reported transactions, the Federal Trade Commission (“FTC”) has announced significant increases to the Hart-Scott-Rodino (“HSR”) premerger notification thresholds for 2022.[1] The FTC updates the premerger merger notification thresholds each year based upon […]

Bankruptcy 101: The Automatic Stay

Bankruptcy Basics for New and Non-Bankruptcy Attorneys This blog entry will be the first in a new, ongoing series of entries in the “Bankruptcy Protector” that will attempt to familiarize new attorneys and non-bankruptcy practitioners with the basic concepts of bankruptcy law of which all lawyers should be aware. The goal of this series is […]

Gold Dome

Gold Dome Report – Legislative Day 7 It was Mental Health Day under the Gold Dome, headlined by the unveiling of Speaker David Ralston’s (R-Blue Ridge) much discussed, and anticipated, mental health parity bill. House lawmakers, members of the Behavioral Health Reform and Innovation Commission… Continue reading  

SECurities in a SECond

SEC Reopens Comment Period for Pay-vs-Performance The SEC announced on January 27, a reopening of the comment period for the pay-vs-performance rules that were first proposed by the SEC in 2015 as a result of the Dodd-Frank Act.  The proposed rules would add… Continue reading  

The Economic Impact of Mandatory Vaccination

SCOTUS’s HOUSE CALL on Healthcare Industry: The Economic Impact of Mandatory Vaccination The Supreme Court of the United States in a per curiam opinion on Jan. 13 ruled that the Secretary of HHS (United States Department of Health and Human Services) did not exceed his statutory authority in requiring that, in order to remain eligible for Medicare and […]

Florida Healthcare Alert

The CMS Rule Requiring COVID-19 Vaccination for Healthcare Workers at Odds With Florida’s Recent Legislation Employers throughout the United States have no doubt been following the developments related to the various federal vaccine mandates and state responses to the same.  Since President Biden signed the three Executive Orders on the OSHA Emergency Temporary Standard for […]

Present But Not Accounted For:

NYSE Amends Treatment Of Abstentions In Certain Shareholder Votes. Summary The SEC recently approved an amendment to Section 312.07 of the NYSE Listed Company Manual which eliminates the requirement that listed companies include abstentions as “votes cast” in matters on which the NYSE requires shareholder approval.  Under the revised Section 312.07, NYSE-listed companies must now tabulate abstentions in accordance […]

Restructuring Support Agreements

A Means to Eliminate Uncertainty in the Reorganization Process The history of bankruptcy practice in the Bankruptcy Code era,[1] 1979 to present, has been one of eliminating chance and uncertainty. This has been accomplished by consolidating jurisdiction of most meaningful matters in a few chosen jurisdictions and by generally transforming the practice from one in which […]

Crypto Basel

Art Basel is a premiere event in Miami Beach, showcasing the best in modern art, which has typically existed in the physical realm. After a break in 2020 due to COVID, Art Basel returned this year with a strong crypto flavor as the culture surrounding Non Fungible Tokens (NFTs) made its mark. Thousands of people […]

FDA Convenes Medical Device Workshop Focused on Artificial Intelligence and Machine Learning Transparency

On October 14, 2021, the U.S. Food and Drug Administration (“FDA” or the “Agency”) held a virtual workshop entitled, Transparency of Artificial Intelligence (“AI”)/Machine Learning (“ML”)-enabled Medical Devices. The workshop builds upon previous Agency efforts in the AI/ML space. Back in 2019, FDA issued a discussion paper and request for feedback called, Proposed Regulatory Framework for Modifications […]

CMS Publishes Omnibus COVID-19 Health Care Staff Vaccination Requirements

On November 5, 2021, the Centers for Medicare & Medicaid Services (CMS), a division of the Department of Health and Human Services, published its Omnibus COVID-19 Health Care Staff Vaccination requirements that most Medicare- and Medicaid-certified providers and suppliers must meet in order to participate in the Medicare and Medicaid programs (the “CMS Rule”). This emergency […]

2022 Employee Benefit Plan Limits Announced by IRS

The IRS has released the 2022 cost-of-living adjustments for limits on employee benefits with some adjustments to the 2022 rates including minor increases to the maximum contributions allowed under Code Section 415 for defined contribution plans (e.g. 401(k)), maximum compensation used in determining benefits, and the taxable wage base. Below is an updated chart on […]

Do the Personal Representatives Get First Dibs on the Good Stuff?

Earlier this October, the South Carolina Supreme Court held oral arguments in Bennett v. Felder, a case in which the Court granted a Petition for Writ of Certiorari to review a decision of the Court of Appeals regarding the propriety of a real property distribution under a will. The petitioners are Jacquelin Bennett and her sister […]

Healthcare Provider Upcoding in Government Investigation Crosshairs

A pair of recent reports issued by the Health and Human Services Office of Inspector General (“OIG”) and Cotiviti, a Centers for Medicare and Medicaid Services (“CMS”) Recovery Audit Contractor (“RAC”), indicate that government enforcement agencies are primed to make healthcare provider upcoding a government focus as it shifts from COVID-related conduct to resuming other […]

Brevity May be the Soul of Wit, But it Can Also Get You Remanded

Trial lawyers in North Carolina know that winning a motion to dismiss under Rule 12(b)(6) in Superior Court can be as elusive as a double rainbow. Should you be one of those defendants who is so lucky as to win a motion to dismiss, a recent decision by the Court of Appeals highlights how important […]

Supreme Court Clarifies Rights of Schools to Regulate Off-Campus Speech

The United States Supreme Court has finally addressed a question that has perplexed school officials and divided courts for years: can schools discipline students for their speech outside school? In Mahanoy Area School District v. B.L., the Court found that a public school district violated a student’s First Amendment rights when it suspended her from the […]

“In Jersey, Anything’s Legal As Long as You Don’t Get Caught”

The Traveling Wilburys famously noted “In Jersey, anything’s legal as long as you don’t get caught.”[1]  Apparently the New Jersey Bureau of Securities (“Bureau”) disagrees.  The Bureau issued a Summary Cease and Desist Order to BlockFi Inc. (“BlockFi”) on July 20, 2021, ordering the company to stop offering interest-bearing cryptocurrency[2] accounts to new customers in New Jersey.  According to […]

Domicile Planning – Which State is Your Permanent Home Located?

After 2004, the State of Florida no longer imposes a state level estate tax. This is in sharp contrast to many other states that impose their own level of estate tax, which is in addition to the federal estate tax. If you have moved to Florida from another state and wish to eliminate (or reduce) the state level estate […]

OSHA Issues New Guidance to Prevent COVID-19 Exposure in the Workplace

The U.S. Department of Labor’s Occupational Safety Health Administration (OSHA) issued new guidance on Aug. 13, 2021, which provides recommendations for employers to prevent COVID-19 exposure in the workplace. The latest guidance is specifically aimed at protecting unvaccinated workers[1], high risk workers, and those who are located in “areas of substantial or high community transmission.”[2] Consistent […]

Bankruptcy Venue — Between a Rock and a Hard Place

The debate rages on. Presently, a debtor can file for bankruptcy relief in any district (1) in which it is incorporated, maintains a residence, has its principal place of business, or principal assets or (2) in which the debtor’s affiliate, general partner, or partnership bankruptcy case is pending. Over the years, certain jurisdictions have become […]

US DOE Issues New IDEA Guidance on COVID-19, Child Find, and FAPE

The U.S. Department of Education (DOE) released new guidance on Aug. 24 related to school districts’ child find obligations during the pandemic as well as ongoing responsibilities to provide students with disabilities a Free and Appropriate Public Education (FAPE). The DOE also made clear its expectations that school districts open their doors to in-person learning […]

Supreme Court Clarifies Rights of Schools to Regulate Off-Campus Speech

By Neeru “Nina” Gupta, Brandon O. Moulard The United States Supreme Court has finally addressed a question that has perplexed school officials and divided courts for years: can schools discipline students for their speech outside school? In Mahanoy Area School District v. B.L., the Court found that a public school district violated a student’s First Amendment rights when […]

The Empire Strikes Back — Did the DOJ Hack the Colonial Pipeline Hackers?

By Matthew G. Lindenbaum, Robert L. Lindholm, Melanie L. Todman Now we are in no way confusing the cyber-criminal enterprise DarkSide with the plucky light-side rebels from Star Wars, but it appears the United States Department of Justice seized 63.7 bitcoins, worth $2.3 million, paid to cyber-criminal enterprise DarkSide following the May 7 ransomware attack against Colonial Pipeline. The […]

Recent Federal and State Government Impact on the LGBTQ+ Community

By Elaine Yap, Robert Augustin The Biden administration has continued to show strong support for the LGBTQ+ community. The president and his administration continue to use executive orders along with guidance and regulations to show that supporting and protecting the LGBTQ+ community remains a top priority. While the federal government continues this trend since President Biden’s election, […]

COBRA Subsidies are Revived — Last-Minute Guidance May Have Expanded Your Duties

New guidance has been issued to clarify the Subsidized COBRA obligations imposed on employers and plan sponsors by the American Rescue Plan Act of 2021 (“ARPA”). This guidance comes at the last minute, as the deadline to send out the notices required by ARPA expires on May 31, 2021. Now is the time to double-check your […]

FinTech Banks or Not?

By J. Brennan Ryan, Richard B. Levin, Craig Nazzaro Sherrod Brown, the Chairman of the Senate’s Committee on Banking, Housing, and Urban Affairs recently sent a letter to Michael Hsu, the Acting Comptroller expressing his concern over a number of national trust charters granted by the OCC while under the direction of Commissioner Brooks. Chairman Brown specifically references the conditional charters […]

Supreme Court: Merely Holding Property Isn’t a Violation of the Automatic Stay

In City of Chicago, Illinois v. Fulton, No. 19-357, 2021 WL 125106, at *1 (U.S. Jan. 14, 2021), the United States Supreme Court considered the issue of whether the mere retention of estate property after the filing of a bankruptcy petition violates section 362(a)(3) of the Bankruptcy Code. Reversing the Seventh Circuit and resolving a split […]

Supreme Court Declines Request to Address False Claims Act Liability For Medically Unnecessary Services

The Supreme Court of the United States declined to take up two circuit court decisions on whether “objective falsity” is a requirement for False Claims Act (FCA) liability. The two cases, United States v. Care Alternatives from the Third Circuit and United States v. RollinsNelson from the Ninth Circuit, declined to extend the objective falsity standard to cases involving […]

Supreme Court: Merely Holding Property Isn’t a Violation of the Automatic Stay

In City of Chicago, Illinois v. Fulton, No. 19-357, 2021 WL 125106, at *1 (U.S. Jan. 14, 2021), the United States Supreme Court considered the issue of whether the mere retention of estate property after the filing of a bankruptcy petition violates section 362(a)(3) of the Bankruptcy Code. Reversing the Seventh Circuit and resolving a split […]

Talking Custody of Digital Assets

I had the pleasure of presenting at Bank Director Magazine’s Inspired By Acquire or Be Acquired: What Officers and Directors Need to Know Now virtual conference, along with Richard Levin, earlier this month. Our presentation, “Custody of Digital Assets,” covered not only the custody of digital assets as a complex problem that has plagued the development […]

Biden Administration Announces Extension of Foreclosure Moratoriums and Forbearance Options

In the wake of the early months of COVID-19, the Federal Housing Finance Agency (FHFA) and the U.S. Department of Housing and Urban Development (HUD) instituted a foreclosure and eviction moratorium on Fannie Mae and Freddie Mac single-family foreclosures and real estate owned evictions.  Additionally, the FHFA offered COVID-related forbearances in order to defer mortgage payments.  After multiple extensions, […]

Larry King Will Contest — Key Takeaways

The press has made much of the handwritten will that Larry King executed in the months before he died and in which he purports to change his prior will executed in 2015 to leave his estate equally between his children. The facts pertaining to the King estate dispute are explained in more detail in this article […]

Build or Buy 2.0: The Best Way to Start a Bank Post-COVID

By Benjamin A. Barnhill, B.T. Atkinson, Mark L. Miller Conditions have certainly changed since we last evaluated the choice between starting a “new” bank with a de novo charter versus purchasing an existing bank to implement the “new” bank’s business plan. When we wrote our first Build or Buy article in the fall of 2019, the economy was still riding a steady […]

Recent Developments in the New Administration Impacting the LGBTQ+ Community

By Elaine Yap The National Law Review Since inauguration, the Biden Administration has used Executive Orders, guidance and regulations, and cabinet nominations to make clear that LGBTQ+ protections are a top policy priority. In the January 26, 2021, press briefing, Domestic Policy Advisor Susan Rice stated that “[e]very agency will place equity at the core of their […]

SBA Releases Questionnaire for PPP Economic Necessity Certification for Borrowers of $2 Million or Greater

By Jonathan H. Talcott, E. Peter Strand, Mike Bradshaw, Nick Garifo, Kaylen Loflin All applicants for Paycheck Protection Program (PPP) loans under the Coronavirus Aid, Relief, and Economic Security (CARES) Act were required to certify in good faith that current economic uncertainty made the PPP loan request “necessary…to support…ongoing operations.” As we have previously written, this economic necessity certification has caused […]

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

The aid package finances the repairing and rebuilding of the territory’s electrical grid system By Lawrence L. Ostema, John F. Haley, Carlos Loumiet, Franco Furmanski 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. […]

2021 Employee Benefit Plan Limits Announced by IRS

Oct. 28, 2020 The IRS has released the 2021 cost-of-living adjustments for limits on employee benefits with some adjustments to the 2021 rates including minor increases to the maximum contributions allowed under Code Section 415 for defined contribution plans (e.g. 401(k)), maximum compensation used in determining benefits, and the taxable wage base. Below is an […]

Gold Dome Report – 2020 Legislative Session

By Stanley S. Jones, Jr., Helen L. Sloat, George S. Ray, Sam Marticke August 2020 In the longest legislative session in Georgia history – caused by the long COVID pause from mid-March to mid-June – lawmakers handled a number of thorny and difficult issues, including the passage of a constitutionally-required $26 billion state-funded budget for FY 2021. As […]

CARES Act & PPP Fraud and Oversight Challenges

By Bart Daniel, Elle E. Klein Nelson Mullins recently presented to the Association of Corporate Counsel’s South Carolina Chapter on enforcement actions underway regarding the CARES Act and Paycheck Protection Program (PPP) and best practices to prevent an investigation. There is, unfortunately, room for error, with both funds. The purpose of PPP is to provide relief and […]

A Different Analysis for Manufacturing Method Patents under the 35 U.S.C. § 271

By Siew Yen Chong, Amy Mandragouras On December 16, 2019, the Federal Circuit affirmed a Delaware jury verdict finding that Hospira infringed Amgen’s method of manufacturing patent on erythropoietin (EPO) and that Amgen was entitled to $70 million in damages because most of the drug substance batches that Hospira made during the pre-approval period were not […]

Bostock v. Clayton County and Implications for Title VII Litigation

By Shaniqua L. Singleton, Amy B. Cheng July 6, 2020 Summary of Bostock v. Clayton County The United States Supreme Court held in Bostock v. Clayton County, Georgia on June 15 that the Civil Rights Act of 1964, 42 U.S.C. § 2000e (1964) protects gay and transgender workers from workplace discrimination. This issue came before the Court after Gerald Bostock’s […]

CFPB Highlights the Growing Role of Artificial Intelligence in the Delivery of Financial Services

By Dowse Bradwell “Brad” Rustin, IV, Samer A. Roshdy The Consumer Financial Protection Bureau (“CFPB”) has published guidance on July 7, 2020 which highlights the potential use of Artificial Intelligence (“AI”) in the delivery of financial services—particularly in credit underwriting models. In addition to providing an overview of the ways in which AI is being used by financial institutions, the publication […]

Remote Work During COVID – Creating and Updating Corporate Policies to Meet the Needs of a Remote Workforce

By Joelle Hupp The ‘new normal’ created by the COVID-19 pandemic has led to many employees working remotely from home, resulting in companies facing new challenges in how they manage information created and sent by their remote employees. This blog post examines several corporate policies related to document retention and cybersecurity that in-house and outside counsel […]

The Barton Doctrine After Dismissal: Protection Denied

By Woods Drinkwater, James Pitman The United States Court of Appeals for the Eleventh Circuit recently issued an opinion that calls into question the long-held Barton doctrine following the dismissal of a bankruptcy case and thus the jurisdiction of that court. In Tufts v. Hay, No. 19-11496 — F.3d —-, 2020 WL 6144563 (11th Cir. Oct. 20, 2020), […]

Restructuring Commercial Real Estate Leases in the COVID-19 Era

By Andrew Litvak, Emily H. Breece, Abraham U. Kannof 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, the worldwide business community and financial markets are currently grappling with a global […]

SBA Places Additional Restrictions on Economic Injury Disaster Loan Program

By Samer A. Roshdy In its latest move, the Small Business Administration (SBA) is applying new restrictions to the Economic Injury Disaster Loan (EIDL) program, further limiting the funds available for small businesses affected by the current crisis. The SBA announced on May 4 that it will be limiting new EIDL loans to agricultural-based businesses only. Additionally, as […]

SEC Adopts First Amendments to Shareholder Proposal Rule in Over 20 Years

By Gary M. Brown, Adam Marshall Overview The SEC yesterday adopted amendments to modernize Exchange Act Rule 14a-8 — shareholder proposal rule, which governs the process for shareholders to make proposals that will be included in a company’s proxy statement for consideration at a meeting of shareholders.  The amendments revise two of the rule’s cornerstone provisions — […]

Press Releases

Attorney Named to North Carolina Lawyers Weekly “Leaders in the Law” List

Patricia A. Markus, JD, CIPP/US, a partner with Nelson Mullins Riley & Scarborough LLP’s Raleigh office, has been named a “Leader in the Law” by North Carolina Lawyers Weekly, a publication that covers legal news in the Carolinas. Honorees were selected because of their contributions to the practice of law in North Carolina, significant achievements […]

18 Mar 2024
Partner Elizabeth Donaldson Named on 2024 GSA Women of Influence List

Elizabeth Donaldson, a partner at Nelson Mullins Riley & Scarborough’s Greenville office, was recently named as an honoree on the 2024 Women of Influence list by the GSA Business Report. Donaldson is one of 40 others who were honored on this year’s list. The GSA Women of Influence recognition program celebrates the accomplishments of Upstate […]

18 Mar 2024
Partner Kevin Woltjen Joins Nelson Mullins Dallas Team

DALLAS — Nelson Mullins Riley & Scarborough LLP is pleased to announce that partner Kevin Woltjen is joining the firm’s Dallas office. Woltjen is a transactional attorney who helps clients in every phase of their business’s lifecycle. He focuses on middle-market corporate transactions, mergers and acquisitions, divestitures, and venture capital transactions. Woltjen also serves as outside general […]

02 Feb 2024
Nelson Mullins Grows Chicago Practice with New Partner

CHICAGO – Nelson Mullins Riley & Scarborough LLP, a national, full-service law firm with offices from coast to coast, is pleased to welcome David Ogles as partner in its Chicago office. Ogles will primarily practice commercial litigation and will serve on the firm’s Midwest Commercial Litigation Team. “David will play a major role in fostering the growth […]

02 Feb 2024
Nelson Mullins Partnership Re-elects Jim Lehman as Managing Partner

Jan. 5, 2024 The partners of Nelson Mullins Riley & Scarborough LLP re-elected James K. Lehman as Managing Partner of the firm to a three-year term effective Jan. 1, 2024. Lehman began his role as the managing partner in 2012, and under his leadership during the past 12 years, the firm has experienced significant growth. […]

08 Jan 2024
Nelson Mullins Names 2024 Partnership Class

The partners of Nelson Mullins Riley & Scarborough LLP have elected 18 attorneys to the partnership effective Jan. 1, 2024. Overall, the firm elected 18 new partners across 10 cities and seven states and the District of Columbia. In Atlanta Steven Campbell focuses on product liability and mass-tort actions, ranging from individual personal injury and property […]

02 Jan 2024
Nelson Mullins Expands Product Liability Practice with Hires in Dallas, Los Angeles

Nelson Mullins Riley & Scarborough LLP, a national law firm with offices from coast to coast, announced the arrival today of a group of seven lawyers from Lathrop GPM. Joining the firm are three partners in Dallas and two partners, an of counsel and an associate in Los Angeles. Leading the group is Dallas-based renowned […]

30 Nov 2023
Nelson Mullins Brings on Partner Benjamin Hron, Expands Boston Team

Nelson Mullins Riley & Scarborough LLP, a full-service national law firm with offices from coast to coast, is pleased to announce that Benjamin Hron, a partner with more than two decades of professional legal experience, has joined the firm’s Boston office and the Venture Capital and Technology Team. Hron is a business law attorney whose practice […]

28 Nov 2023
Immigration Partner Joins Nelson Mullins in Greenville

Nelson Mullins Riley & Scarborough LLP, a national full-service law firm with offices from coast to coast, is pleased to announce that partner Christian O. Herrmann has joined the firm’s Greenville office. Herrmann joins the firm from Ogletree Deakins and brings nearly two decades of legal experience to Nelson Mullins. He will be a part […]

27 Nov 2023
Nelson Mullins Grows Pittsburgh Team with Addition of Partner Benjamin J. Sitter

PITTSBURGH — Nelson Mullins Riley & Scarborough LLP, a full-service national law firm with offices from coast to coast, is pleased to announce that partner Benjamin Sitter is joining the firm’s Pittsburgh office. Sitter joins Nelson Mullins as a litigation partner. He focuses on class actions and complex litigation. He has experience representing clients from the financial […]

27 Nov 2023
The Road Ahead for Women & Diverse Lawyers (event)

Building Your Practice: The Road Ahead for Women & Diverse Lawyers Hosted by: CenterForce’s Advancing Diverse Partners & Associates – 2023 East Cost Summit Register On Nov. 15 at 9:15 a.m. EST, Nelson Mullins Riley & Scarborough LLP partner Arina Shulga will be speaking during a panel titled “Building Your Practice: The Road Ahead for Women […]

09 Oct 2023
Devan K. Flahive Joins as Partner in Firm’s Cleveland Office

Nelson Mullins Riley & Scarborough LLP is pleased to announce the addition of Devan K. Flahive, who is joining the firm’s growing Cleveland office as a partner. Flahive is part of the firm’s Midwest Commercial Litigation Team and advises clients on regulatory and contract issues relative to energy generation and transmission infrastructure, including construction, operation, […]

05 Oct 2023
John Kalas Joins as a Partner with Firm’s Washington, D.C. Office

Nelson Mullins Riley & Scarborough LLP is pleased to announce that John Kalas, an experienced litigator with over a decade of experience, is joining the firm as a partner in Nelson Mullins’ Washington, D.C. office. Kalas is an accomplished trial lawyer. He comes to the firm after 13 years of practicing law at a litigation […]

05 Oct 2023
Jae Lee Joins Nelson Mullins as Partner in San Diego

  Nelson Mullins Riley & Scarborough LLP is pleased to announce that Dr. Jae Lee is joining the firm’s San Diego office as a partner. Dr. Jae Lee is a trial lawyer and physician who has represented clients in the pharmaceutical, medical device, dietary supplement, food, cosmetics, consumer products, and aviation industries. Dr. Lee has […]

05 Oct 2023
David Yang Joins Nelson Mullins as Partner in Washington, D.C.

Nelson Mullins Riley & Scarborough LLP is pleased to announce that David Yang is joining the firm’s Washington office as a partner. For over 20 years, Yang has provided a full spectrum of representation to government contractors of all sizes at the federal, state, and local levels. His experience ranges from litigating protests, claims, and […]

18 Sep 2023
Partner Howard Hirsch joins Nelson Mullins’ Atlanta Office

ATLANTA — Nelson Mullins Riley & Scarborough LLP is pleased to announce that Howard S. Hirsch, a lawyer with over two decades of experience, is joining the firm’s Atlanta office as a partner. A graduate of the University of Illinois-Chicago School of Law, Hirsch brings a range of experience and clients that include both public and […]

08 Aug 2023
Chicago Office Adds Lawyers and Moves to New Downtown Location

CHICAGO — Nelson Mullins Riley & Scarborough LLP, a full-service national law firm, is pleased to announce the addition of four attorneys to its Chicago office, as well as a new downtown address. “We are thrilled to welcome these new attorneys to the firm, where we believe they will have a significant impact and help us […]

05 Jul 2023
Andrew Lee Joins Nelson Mullins in Washington, D.C.

Andrew Lee has joined Nelson Mullins Riley & Scarborough LLP as a partner in Washington, D.C. Lee is a recognized leader in the international antitrust sphere and advises clients in a wide range of antitrust proceedings (both before the Federal Trade Commission (FTC) and the U.S. Department of Justice), with a particular focus on the […]

04 Jul 2023
Opens New Office in Chicago and Expands Cleveland Office

Nelson Mullins Riley & Scarborough LLP, a full-service national law firm, is opening a Chicago office as well as expanding the firm’s Cleveland office with seven litigation partners from Benesch. Four partners join the firm in its new Chicago office, while three partners join the Cleveland office. “The addition of these high caliber attorneys continues […]

26 Apr 2023
Luis O’Naghten Joins Nelson Mullins as a Partner in Miami

International arbitrator and litigation attorney Luis O’Naghten joins Nelson Mullins Riley & Scarborough LLP as partner in the Miami office where he will spearhead the firm’s growing international arbitration practice. O’Naghten adds significant experience as both party counsel and as an arbitrator, particularly in matters involving complex disputes in Latin America. “I’m delighted to add […]

03 Apr 2023
Nelson Mullins Expands with Opening of Pittsburgh Office

PITTSBURGH— Nelson Mullins Riley & Scarborough LLP, a full-service national law firm, announced today the opening of its newest office located in Pittsburgh, Pennsylvania, with a group of attorneys from Porter Wright Morris & Arthur LLP. The team consists of seven litigation attorneys and five corporate attorneys and includes 10 partners. The office will be located […]

03 Apr 2023
Knicole Emanuel Joins Nelson Mullins in Raleigh

Knicole Emanuel has joined Nelson Mullins, LLP’s healthcare team in Raleigh. She joins as a partner from PractUS, LLP, where she was also a partner. Emanuel has devoted more than 23 years to a healthcare litigation practice, with a focus on Medicare and Medicaid litigation, health care regulatory compliance, administrative law, and regulatory law. She […]

03 Apr 2023
Firm Represents Public Benefit Corporation in its Historic Acquisition of a Non-Minority Commercial Bank

GREENVILLE, S.C. – Nelson Mullins represented Redemption Holding Company (RHC), which announced on February 28, 2023 – the last day of Black History Month – its agreement to purchase Utah-based Holladay Bank and Trust, and according to the company, the first time in which an existing commercial bank would become one of the country’s 17 Black-owned Minority […]

03 Apr 2023
Tom Lee Joins Nelson Mullins in Nashville

NASHVILLE, Tenn. — Nelson Mullins Riley & Scarborough LLP is excited to expand the firm’s Tennessee government relations practice with the addition of partner Tom Lee. Lee is a knowledgeable attorney who has specialized in the areas of government relations and lobbying for over 25 years. “We are elated to have Tom join the firm […]

03 Apr 2023
Nelson Mullins Welcomes Drew Heath as Partner in Raleigh

RALEIGH, N.C. — Accomplished attorney and former North Carolina Superior Court Judge Drew Heath is set to join Nelson Mullins in the firm’s Raleigh office in early April of this year. Heath will focus his practice at the firm primarily on government relations and civil litigation. He will also be a registered lobbyist. “Heath is […]

27 Feb 2023
Nelson Mullins Announces Leadership Changes in Baltimore

Nelson Mullins Announces Leadership Changes in Baltimore BALTIMORE – Nelson Mullins Riley and Scarborough LLP announced today that two attorneys in its Baltimore office have accepted new leadership roles. Tim Hodge, who opened the Baltimore office for the firm in 2018 with 11 partners and has grown the office to nearly 50 attorneys, steps into […]

01 Feb 2023
Nelson Mullins Welcomes Jamey Goldin Back as Partner

CHARLESTON, S.C. — After several years working as an energy regulatory counsel on Google’s Global Energy Markets and Policy Team, Jamey Goldin is rejoining Nelson Mullins Riley & Scarborough LLP as a partner working primarily out of the firm’s Charleston, Columbia, and Washington D.C. offices. Goldin previously was a partner with Nelson Mullins from 2019-2020. […]

01 Feb 2023
Geoffrey Vickers Named Nashville Office Managing Partner for Nelson Mullins

NASHVILLE – Nelson Mullins Riley and Scarborough LLP has named Geoffrey Vickers managing partner of its Nashville office effective January 1, 2023. He replaces Larry Papel who has served as managing partner since the opening of the Nashville office in April 2012. Vickers co-chairs the Firm’s Technology, Outsourcing, Procurement and Privacy team and focuses his […]

01 Feb 2023
Nelson Mullins Partners Elect 32 Attorneys to the Partnership

  Columbia, S.C. – The partners of Nelson Mullin Riley & Scarborough LLP have elected 32 attorneys to the partnership effective Jan. 1, 2023. Overall, the firm elected new partners across 12 cities and eight states and the District of Columbia. In Atlanta: Jacob Adrian, who focuses his practice in the areas of corporate finance, […]

03 Jan 2023
Chris Fowlkes Wins Profiles in Diversity Journal’s Diverse Lawyers Making a Difference Award

MINNEAPOLIS — Profiles in Diversity Journal (PDJ) has recognized Minneapolis partner Christopher Fowlkes with a 2022 Diverse Lawyers Making a Difference Award, making him among the first to be selected for this inaugural award. “We are proud to honor this first group of attorneys and recognize the organizations that support their success,” said James Rector, publisher […]

03 Jan 2023
Nelson Mullins in Columbia Welcomes James E. Smith, Jr.

COLUMBIA, S.C. –  Former member of the S.C. House of Representatives, combat veteran, and experienced litigator James E. Smith, Jr. has joined Nelson Mullins Riley & Scarborough LLP in its Columbia, S.C. office as a partner. Smith joins the firm from the University of S.C., where he was the special assistant to the president from […]

28 Nov 2022
Nelson Mullins Expands National Healthcare Practice

Nelson Mullins Expands National Healthcare Practice with the Addition of Partners Christine Worthen and Robert Wade and Of Counsel Kendall Walker National law firm Nelson Mullins Riley & Scarborough LLP announced today the expansion of its national healthcare practice with the arrival of Robert “Bob” Wade and Christine Burke Worthen as partners and Kendall Walker […]

08 Nov 2022
Litigation Partner David Carrier Joins Nelson Mullins in Minneapolis

National law firm Nelson Mullins Riley & Scarborough LLP is pleased to announce the expansion of its Minneapolis office with the arrival of partner David Carrier. He joins from large law firm Lewis Brisbois. The firm opened its office in Minneapolis in February with a large team of product liability litigators and recently expanded its offerings with two intellectual property partners. […]

07 Nov 2022
New DOJ Fraud Chief Lands on Cusp of Pivotal White Collar Change

The U.S. Department of Justice’s (DOJ) new criminal fraud chief, Glenn Leon, arrived just in time to implement forthcoming policy changes. He has crafted an agenda that will reflect on his experience from both internal and external sides of the government. Leon now holds the responsibility of investigating and prosecuting companies for overseas bribery, securities fraud, and […]

04 Oct 2022
Roche Freedman Fights Disqualification Bid In Tether Suit

Boston partner Matthew Lindenbaum and Charlotte partner Robert Lindholm forge ahead in the representation of their client, Poloniex LLC, as the Tether suit sees increasing attention. An article published by Law360 details the allegations against Roche Freedman’s Kyle Roche resulting in the push for his entire firm to be terminated from the suit. After Roche allegedly […]

04 Oct 2022
Healthcare Attorney Christine Worthen Joins Nelson Mullins in Boston

Sept. 21, 2022 BOSTON – National law firm Nelson Mullins Riley & Scarborough announced today that it has expanded its national healthcare practice with the arrival of Christine Burke Worthen as a partner. Worthen focuses her practice on providing legal and strategic advice to healthcare providers and will be located in their Boston office. Worthen […]

29 Sep 2022
Nelson Mullins: Transactions Attorney Jason Brace Joins in Nashville

NASHVILLE – National law firm Nelson Mullins Riley & Scarborough LLP has announced that Jason T. Brace has joined the firm as a partner in its Nashville office. He joins from Waller Lansden Dortch & Davis, LLP, where he was a partner. Brace represents private equity investors and their portfolio companies in complex corporate transactions, including acquisitions, […]

15 Sep 2022
Carrie Hanger Wins Pro Bono Case for Neglected Children

On July 5, 2022, the North Carolina Court of Appeals issued a published favorable opinion in Winston-Salem partner Carrie Hanger’s pro bono representation of neglected children through the NC Guardian ad Litem (GAL) appellate advocacy program of the NC Administrative Office of the Courts. The GAL appellate advocates represent the best interests of abused, neglected, […]

02 Sep 2022
Real Estate Transaction Attorney Mike Schreiner Joins in Atlanta

ATLANTA – Nelson Mullins Riley & Scarborough LLP, a national law firm, is pleased to announce that R. Michael Schreiner has joined the firm as a partner in the Atlanta office. He joins from MetLife Investment Management, where he was a senior counsel in the real estate investments department and helped service a portfolio of […]

02 Sep 2022
Nelson Mullins Represents Liberty Resources Acquisition in $427.7 Million SPAC Deal

Washington, D.C. – Nelson Mullins represented Liberty Resources Acquisition (“Liberty”) in its special purpose acquisition company (SPAC) deal with Caspi Oil Gas (“Caspi”). The deal has a value of $427.7 million and is expected to be completed during the first quarter of 2023. The deal also represents a binding agreement with Caspi’s owner, Markmore Energy […]

02 Sep 2022
Nelson Mullins Represents Pono Capital Two, Inc. in $115 Million IPO

Washington, DC – Nelson Mullins partner Andy Tucker represented Pono Capital Two, Inc. (“Pono”) in an initial public offering (“IPO”) worth $115 million. The IPO began trading August 5, 2022 on the NASDAQ Global Market under the symbol “PTWOU,” and will be able to trade on NASDAQ as a common stock under the symbol “PTWO.” Read more

02 Sep 2022
Nelson Mullins Welcomes Intellectual Property Partners Jason Kraus, Brian Oberst in Minneapolis

MINNEAPOLIS – National law firm Nelson Mullins Riley & Scarborough LLP is pleased to announce that intellectual property attorneys Jason R. Kraus and Brian W. Oberst have joined the firm as partners in the Minneapolis office. Kraus partners with clients to design patent protection strategies, build international patent portfolios, and ensure products avoid infringing competitors’ […]

30 Aug 2022
Nelson Mullins Represents Support Services Group Inc. in its Sale to Kingswood Capital Management

A Nelson Mullins team represented Support Services Group Inc. (SSG), a global company focusing on omnichannel contact center solutions, in its sale to Kingswood Capital Management, a private investment firm. SSG has recently seen major growth in its customer care, sales support, and technical support through an omnichannel approach supporting voice, email, social media, and […]

30 Aug 2022
Real Estate Transaction Attorney Mike Schreiner Joins in Atlanta

ATLANTA – Nelson Mullins Riley & Scarborough LLP, a national law firm, is pleased to announce that R. Michael Schreiner has joined the firm as a partner in the Atlanta office. He joins from MetLife Investment Management, where he was a senior counsel in the real estate investments department and helped service a portfolio of […]

30 Aug 2022
Joe Howard Joins Nelson Mullins’ Baltimore Office

Nelson Mullins Riley & Scarborough LLP, a national law firm, is pleased to announce that Joe Howard has joined the firm as a partner in Baltimore. Howard focuses his practice on working with public and private financial institutions as well as non-bank financial services companies on all aspects of their business. He has extensive experience […]

25 Jul 2022
Gavin Beske Joins Nelson Mullins in Washington, D.C.

Nelson Mullins Riley & Scarborough LLP, a national law firm, is pleased to announce that Gavin Beske has joined the firm as a partner in Washington, D.C. Beske’s practice focuses on advising investment banks, insured depository institutions and other regulated entities on securities and regulatory compliance issues. He also advises public companies on Exchange Act compliance, NYSE […]

25 Jul 2022
Tim Wagner Joins Nelson Mullins in Baltimore

Nelson Mullins Riley & Scarborough LLP, a national law firm, is pleased to announce that Timothy Wagner has joined the firm as a partner in Baltimore. Wagner represents individuals and businesses in all aspects of tax controversy matters, as well as corporate transactions and tax planning, and general business advice. He represents clients in federal and state […]

25 Jul 2022
Nelson Mullins Names Elisa Kodish Pro Bono Partner

ATLANTA – Nelson Mullins Riley & Scarborough LLP has tapped Atlanta partner Elisa Kodish to serve as the firm’s national Pro Bono Partner, leading the award-winning program as it invests further in its mission of providing legal services to the underserved. Kodish will work alongside Pro Bono Manager Norah Rogers, who has coordinated pro bono […]

25 Jul 2022
Nelson Mullins Attorneys Selected for 2022 Florida Trend ‘Legal Elite’

ORLANDO – Nelson Mullins attorneys based in Florida have been selected for Florida Trend’s “Legal Elite” in 2022. The attorneys listed and their practices are: Scott D. Knapp, Commercial Litigation (Fort Lauderdale) Justin Kaplan, Commercial Litigation (Miami) Daniel Newman, Business Law (Miami) Mark Raymond, Commercial Litigation (Miami) Nicolette Corso Vilmos, Commercial Litigation (Orlando) In addition, […]

28 Jun 2022
Nelson Mullins: Corporate/Securities Attorney Eric Graben Joins in Greenville, S.C.

GREENVILLE, S.C. – Experienced corporate/securities attorney Eric Graben has joined Nelson Mullins Riley & Scarborough LLP’s Greenville, S.C. office as a partner. He joins from Wyche Law Firm, where he was a member. Graben represents public and private companies in corporate and securities law matters and complex transactions. He advises clients on a full range […]

27 May 2022
Nelson Mullins Expands with Corporate/Real Estate Transaction Group in Boston

BOSTON – A trio of corporate/real estate transactional lawyers have joined Nelson Mullins’ Boston office. In the past six weeks, John Balboni, Matt Lane, and Robert Yamartino have taken residency in the Boston office of Nelson Mullins. These attorneys have worked together for several years and have a deep and broad-based local, regional, and national transactional practice. Balboni focuses […]

27 May 2022
Rita Piel Joins Nelson Mullins in Baltimore

BALTIMORE – Rita Piel has joined Nelson Mullins Riley & Scarborough LLP’s mergers and acquisitions team in Baltimore as a partner from Rifkin Weiner Livingston LLC where she served as a partner in the Business and Commercial Transactions and Sports Law, Gaming and Facilities practice areas. With over a decade of outside general counsel experience, […]

06 May 2022
Corporate Attorney Lori Anne Czepiel Joins Nelson Mullins in New York

May 5, 2022 NEW YORK – Experienced corporate attorney Lori Anne Czepiel has joined Nelson Mullins Riley & Scarborough LLP in its New York office as a partner. She joins from McCarter & English, where she was a special counsel. Czepiel counsels companies, investors, and entrepreneurs on corporate, M&A, venture and private equity investment, and […]

06 May 2022
Nelson Mullins: Matt Lane Joins Nelson Mullins in Boston

Matt Lane has joined Nelson Mullins Riley & Scarborough LLP’s corporate practice as a partner in its Boston office. Lane focuses his practice on mergers and acquisitions, joint ventures, real estate, private equity investments, and other general business transactions. He represents developers and sponsors in the structuring of real estate investment funds in various classes, […]

03 May 2022
Nelson Mullins Expands National Litigation Practice (Including New Office in Cleveland)

Nelson Mullins Expands National Litigation Practice Including New Office in Cleveland (March 2, 2022) — Nelson Mullins Riley & Scarborough LLP has added nine attorneys to the firm’s national litigation practice, with eight opening a new office in Cleveland and one joining the firm’s Los Angeles office. The group, which includes six partners and three […]

02 Mar 2022
Ranked Communications Law Team Joins Nelson Mullins in Washington, D.C

Chambers USA-Ranked Communications Law Team Joins Nelson Mullins in Washington, D.C. WASHINGTON, D.C. – Four experienced communications attorneys have joined Nelson Mullins Riley & Scarborough LLP in its Washington, D.C. office. John Heitmann, Steven Augustino, and Joshua Guyan all join as partners from Kelley Drye, where they were also partners. All are recognized in the […]

28 Feb 2022
Tammy Berkhoudt Joins Nelson Mullins in Atlanta

Tammy Berkhoudt has joined Nelson Mullins Riley & Scarborough LLP’s Technology, Outsourcing, Procurement & Privacy team in Atlanta as a partner from Parsons Behle & Latimer, where she was also a partner. Tammy is a trusted advisor to businesses navigating privacy and cybersecurity concerns. She assists in compliance with privacy laws including CCPA/CPRA, GDPR, TCPA, HIPAA, […]

28 Feb 2022
Nelson Mullins Expands National Litigation Practice Including New Offices in Minneapolis, San Diego, Richmond and Dallas

  FOR IMMEDIATE RELEASE (February 1, 2022) – Nelson Mullins Riley & Scarborough LLP previously announced the addition to its national litigation practice of a group of lateral partners from Bowman and Brooke LLP and the opening of new offices in Minneapolis, San Diego and Richmond. Today, the firm completed the addition of nine partners […]

02 Feb 2022
Nelson Mullins Launches Assureg, a Regulatory and Compliance Consulting Firm Led by a Team of Financial Services Industry Leaders

Washington, D.C. — Nelson Mullins Riley & Scarborough LLP today announces it has launched Assureg (Assurance + Regulation), a new compliance and regulatory consulting division providing clients with tailored, bespoke compliance solutions overseen by the firm’s attorneys. Assureg complements the firm’s offering of traditional legal services and provides attorney-driven compliance and regulatory advisory services to C-suite executives, general […]

26 Jan 2022
Nelson Mullins Expands National Litigation Practice

Including New Offices in Minneapolis, San Diego, and Richmond (January 24, 2022) – Nelson Mullins Riley & Scarborough LLP has added 22 partners to the firm’s national litigation practice, including new offices in Minneapolis, San Diego, and Richmond, with nine additional partners expected to be added in Dallas in the near future. The group of […]

26 Jan 2022
USA – Nelson Mullins Taps Dan Sanders to Lead Office of General Counsel

Atlanta partner Daniel S. Sanders Jr. will lead the Office of General Counsel for Nelson Mullins Riley & Scarborough LLP effective Jan. 1, the law firm announced today. Sanders succeeds James C. Gray Jr., who has served in the position since 2011. Sanders will maintain his active legal practice, while Gray will become director of Partner Affairs […]

29 Dec 2021
Nelson Mullins Bankruptcy Team Guides Hospice Reorganization with Litigation Victory

In the aftermath of 2017’s Hurricane Irma, wide swaths of Florida lost power. At The Rehabilitation Center at Hollywood Hills, 12 elderly patients succumbed to the heat when the skilled nursing facility’s air conditioning system failed following the electrical outage. In response, Florida’s legislature passed a law requiring all nursing homes and assisted living facilities […]

22 Nov 2021
Experienced Energy, Infrastructure Attorney Prem Malali Joins Nelson Mullins in New York

New York office. He joins from Murtha Cullina, where he was a partner. Malali represents developers, lenders, contractors, sponsors, financial institutions, and equity investors in connection with the development, construction, debt and tax equity financing, and transfer of numerous energy and other infrastructure projects with a particular focus, in recent years, on renewable energy and […]

01 Nov 2021
Healthcare Regulatory Duo Joins Nelson Mullins in Georgia

Oct. 14, 2021 Two veteran healthcare regulatory attorneys have joined Nelson Mullins Riley & Scarborough LLP in Georgia. Edgar Bueno joins as a partner, while Matthew Wilmot joins as of counsel. They both join from Morris, Manning & Martin LLP, where Bueno was a partner and Wilmot was an associate. Bueno has more than 20 […]

29 Oct 2021
Automotive Industry Attorney Christie Iannetta Joins Nelson Mullins in Washington, D.C.

Sept. 14, 2021 WASHINGTON, D.C. — Experienced automotive regulatory and compliance attorney Christie Iannetta has joined Nelson Mullins Riley & Scarborough LLP in its Washington, D.C. office as a partner. She joins from King & Spalding, LLP where she was counsel. Iannetta focuses on regulatory and compliance issues facing the automotive industry. She has deep […]

04 Oct 2021
Nelson Mullins, SB Law Announce Collaboration

Sept. 8, 2021 WASHINGTON, DC — Regina Speed-Bost, founder and managing partner of SB Law, PLLC, together with Jim Lehman, managing partner of Nelson Mullins Riley & Scarborough LLP, announce an innovative collaboration between the two firms. Speed-Bost and SB Law will serve as of counsel to the Nelson Mullins Energy Team and Corporate Management […]

04 Oct 2021
Experienced Energy, Infrastructure Attorney Prem Malali Joins Nelson Mullins in New York

Sept. 21, 2021 NEW YORK – Prem N. Malali has joined Nelson Mullins Riley & Scarborough LLP as a partner in its New York office. He joins from Murtha Cullina, where he was a partner. Malali represents developers, lenders, contractors, sponsors, financial institutions, and equity investors in connection with the development, construction, debt and tax […]

04 Oct 2021
Anastasia Stull Joins Nelson Mullins in Washington, D.C.

Aug. 18, 2021 WASHINGTON, D.C. — Experienced banking and financial services attorney Anastasia D. (“Tasia”) Stull has joined Nelson Mullins Riley & Scarborough LLP as of counsel in its Washington, D.C. and Tallahassee, Fla. offices. In addition to joining the Financial Services Regulatory Group, Stull will also lead the development of a new division within the firm offering […]

01 Sep 2021
Experienced White Collar/Securities Litigator Adam Safwat Joins Nelson Mullins in D.C.

Aug. 10, 2021WASHINGTON, D.C. — Experienced litigator Adam Safwat has joined Nelson Mullins Riley & Scarborough LLP in its Washington, D.C. office. He joins from Weil, Gotshal & Manges LLP, where he was counsel. Safwat regularly represents companies and individuals before the Department of Justice and the Securities and Exchange Commission in investigations and compliance-related matters. […]

01 Sep 2021
Terri Reiskin Joins Nelson Mullins’ Growing National Litigation Team

June 2, 2021 WASHINGTON, D.C. and BALTIMORE – Experienced litigator Terri S. Reiskin has joined Nelson Mullins Riley & Scarborough LLP as a partner in its Washington, D.C. and Baltimore offices. She joins from Dykema, where she led the Class Action Defense Team and was the practice group leader for the Product Liability, Class Actions, […]

28 Jun 2021
Employment Litigator Kraig Long Joins Nelson Mullins in Baltimore, Washington D.C.

June 14, 2021 BALTIMORE and WASHINGTON, D.C. — Experienced employment litigator Kraig B. Long has joined Nelson Mullins Riley & Scarborough LLP as a partner in its Baltimore and Washington, D.C. offices. He joins from Miles & Stockbridge, where he was a principal. Long defends employers against claims of discrimination and harassment, wage and hour […]

28 Jun 2021

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