Nelson Mullins Riley & Scarborough

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. […]

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 […]

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 […]

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 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 […]

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. […]

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 […]

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, […]

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, […]

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 […]

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 […]

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. […]

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 […]

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, […]

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) […]

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 […]

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 […]

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 […]

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 […]

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 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 […]

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 […]

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 […]

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 […]

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

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… […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 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 […]

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 […]

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

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 […]

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 […]

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 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 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 […]

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, […]

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: […]

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, […]

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. […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 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 […]

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 […]

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 […]

“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 […]

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 […]

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 […]

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: 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 […]

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 […]

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 […]

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 […]

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 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 […]

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 […]

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 […]

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 […]

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 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 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  

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  

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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, […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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, […]

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 […]

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 […]

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 […]

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 […]

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. […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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), […]

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 […]

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 […]

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 — […]