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

Commercial Litigation
Band 1

Corporate/M&A
Band 1

Environment
Band 2

8.0

Healthcare
Band 1

IP
Band 2

8.0

IP: Patents
Band 3

7.5

IP: Trademarks
Band 3

7.0

Labour & Employment
Band 3

7.0

Private Wealth Law
Band 2

8

Articles

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 […]

28 Jun 2022
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 […]

28 Jun 2022
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 […]

28 Jun 2022
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 […]

01 Jun 2022
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 […]

01 Jun 2022
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 […]

01 Jun 2022
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 […]

03 May 2022
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 […]

03 May 2022
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 […]

08 Apr 2022
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 […]

08 Apr 2022
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 […]

08 Apr 2022
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 […]

08 Apr 2022
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 […]

08 Apr 2022
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 […]

08 Apr 2022
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 […]

08 Apr 2022
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 […]

08 Apr 2022
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 […]

04 Apr 2022
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 […]

04 Apr 2022
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 […]

04 Apr 2022
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 […]

02 Mar 2022
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 […]

02 Mar 2022
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 […]

02 Feb 2022
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 […]

02 Feb 2022
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 […]

02 Feb 2022
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 […]

02 Feb 2022
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  

02 Feb 2022
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  

02 Feb 2022
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 […]

02 Feb 2022
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 […]

21 Dec 2021
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 […]

21 Dec 2021
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 […]

21 Dec 2021
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 […]

21 Dec 2021
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 […]

22 Nov 2021
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 […]

22 Nov 2021
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 […]

22 Nov 2021
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 […]

22 Nov 2021
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 […]

28 Oct 2021
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 […]

28 Oct 2021
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 […]

05 Oct 2021
“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 […]

31 Aug 2021
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 […]

31 Aug 2021
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 […]

31 Aug 2021
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 […]

31 Aug 2021
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 […]

31 Aug 2021
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 […]

28 Jun 2021
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 […]

28 Jun 2021
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, […]

28 Jun 2021
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 […]

28 Jun 2021
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 […]

28 Jun 2021
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 […]

01 Jun 2021
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 […]

30 Mar 2021
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 […]

30 Mar 2021
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 […]

30 Mar 2021
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, […]

30 Mar 2021
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 […]

30 Mar 2021
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 […]

22 Feb 2021
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 […]

22 Feb 2021
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 […]

15 Dec 2020
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. […]

15 Dec 2020
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 […]

15 Dec 2020
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 […]

25 Nov 2020
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 […]

25 Nov 2020
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 […]

25 Nov 2020
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 […]

25 Nov 2020
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 […]

25 Nov 2020
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 […]

25 Nov 2020
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), […]

25 Nov 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 […]

25 Nov 2020
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 […]

25 Nov 2020
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 — […]

25 Nov 2020

Press Releases

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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