Moore & Van Allen PLLC

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100 North Tryon Street
Suite 4700
Charlotte, NC 28202-400, United States
Phone: (704) 331-1000
Fax: (704) 331-1159
Areas Of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Civil Rights
  • Class Action
  • Commercial Law & Contracts
  • Constitutional Law
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • North Carolina
  • South Carolina
Number of Attorneys
400+ Attorneys

New Sustainability Standards Board to Develop Global Sustainability Disclosure Standards

The global standardization of ESG and, more broadly, sustainability related disclosure requirements may arrive sooner than anyone could have expected. A recent Financial Times article entitled “New Body to Oversee Global…more

Compliance, Disclosure, Environmental Social & Governance (ESG), Global Standards, Regulatory Oversight

See all updates »

SEC Announces Proposed Rule for Climate Risk and Greenhouse Gas Disclosures

On March 21, 2022, the U.S. Securities and Exchange Commission (“SEC”) announced a proposed rule (the “Proposed Rule”) that will require registrants to make certain climate disclosures in their registration statements and…more

Climate Change, Comment Period, Compliance, Disclosure Requirements, Filing Requirements

See all updates »

The Federal Reserve, FDIC and OCC Issue Final Guidance on Risk Management in Third-Party Relationships: Moore & Van Allen

On June 6, 2023, the Board of Governors of the Federal Reserve System (the Federal Reserve), the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC, and collectively with the…more

Banking Sector, Compliance, FDIC, Federal Reserve, Final Guidance

See all updates »

In Loper Bright and Relentless, Supreme Court returns to high-stakes question of viability of the Chevron doctrine

James P. McLoughlin Jr., Mary Katherine Stukes and Pierce Werner of Moore & Van Allen discuss the arguments, background and questions surrounding the Supreme Court's upcoming review of the Chevron doctrine. On May 1, 2023,…more

Chevron, Chevron Deference, Chevron v NRDC, Constitutional Challenges, Environmental Protection Agency (EPA)

See all updates »

Delaware Amends Personal Information Protection Law

On August 17, 2017, Delaware amended its personal information protection law, Delaware Code Title 6, Chapter 12B. The amendment becomes effective 240 days after enactment or March 14, 2018. The amended law significantly…more

Amended Legislation, Credit Monitoring, Cybersecurity, Data Breach, Data Protection

See all updates »

Update on California Consumer Privacy Act

Recently the state of California passed a data privacy and security law called the California Consumer Privacy Act (“CCPA”) (Assembly Bill 375). The law, which takes effect on January 1, 2020, is aimed at establishing a…more

California Consumer Privacy Act (CCPA), Consumer Information, Consumer Privacy Rights, Cybersecurity, Data Breach

See all updates »

Nebraska and Kentucky Pass Comprehensive Privacy Laws

So far 2024 has seen a flurry of new and proposed state comprehensive privacy legislation. Nebraska and Kentucky are the two latest states to jump on the bandwagon. Both follow the now familiar framework established by the…more

Consumer Privacy Rights, Covered Entities, Data Privacy, Data Protection, Data Protection Acts

See all updates »

Meeting The Legal Aid Needs Of Human Trafficking Survivors

The recently released Legal Deserts Report 2.0, or LDR2, which we coauthored with the National Survivor Law Collective and the Avery Center, highlights the continued gaps in access to justice for victims of human…more

Criminal Prosecution, Criminal Records, Expungement, Forced Labor, Human Rights

See all updates »

Overview of the CFPB’s Recent Section 1071 FAQ Release

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

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

See all updates »

Wealth Transfer Newsletter

Although the estate and tax planning landscape has undergone substantial change in recent years, we can rest assured that even more change is ahead. We hope that you find this newsletter informative and useful for your personal…more

Estate Planning, Irrevocable Trusts, Tax Planning

See all updates »

The Federal Reserve, FDIC and OCC Issue Final Guidance on Risk Management in Third-Party Relationships: Moore & Van Allen

On June 6, 2023, the Board of Governors of the Federal Reserve System (the Federal Reserve), the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC, and collectively with the…more

Banking Sector, Compliance, FDIC, Federal Reserve, Final Guidance

See all updates »

SBIC Client Alert: Changes to Passive Business Rule

Earlier this week, the revised and final “Passive Business Rule” (13 CFR 107.720(b) of the Small Business Investment Act of 1958, as amended) was released by the U.S. Small Business Administration (the “SBA”)…more

Final Rules, Passive Activity, SBA, Small Business, Small Business Investment Company

See all updates »

The Biden Administration Issues Its COVID-19 Plan

Overview: On September 9, 2021, the Biden Administration issued a variety of measures designed to promote COVID-19 safeguards and decrease the spread of the COVID-19 virus. Such measures included two Executive Orders and…more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates, Executive Orders

See all updates »

The Necessity of Evaluating Vapor Intrusion Risks during Environmental Due Diligence

Introduction - Vapor intrusion has emerged as an important legal, scientific, and policy issue over the last decade. With this issue’s growing importance, it is prudent for persons acquiring, leasing, or developing property…more

CERCLA, Contaminated Properties, Due Diligence, Environmental Assessments, Environmental Protection Agency (EPA)

See all updates »

Proposed Treasury Regulations Impact “Deemed Dividend” Tax Rules in Financing Transactions

Following tax reform at the end of 2017, cash dividends from a foreign corporate subsidiary to a domestic corporate 10 percent shareholder are exempt from U.S. income tax because the shareholder is permitted a…more

Borrowers, Controlled Foreign Corporations, Corporate Financing, Dividends, Domestic Corporations

See all updates »

Recent CFPB Releases Continue Focus on Bank Fees and Identify CFPB Concerns with Use of AI in Customer Service

The Consumer Financial Protection Bureau (CFPB) issued releases in May and June that reflected their continued focus on consumer protection issues associated with both bank fees and the use of artificial intelligence (AI) by…more

Artificial Intelligence, Banking Sector, Banks, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB)

See all updates »

Special Situations Client Bulletin - Legal Review Guide for Stressed/Distressed Credits

Although there may be differing views as to whether the U.S. economy is heading into some form of market correction, many would argue that certain warning signs have appeared that would suggest the possibility of an economic…more

Borrowers, Coronavirus/COVID-19, Corporate Governance, Credit Agreements, Debt Restructuring

See all updates »

H-1B Cap Season – Time to Start Preparing

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

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

See all updates »

The Federal Reserve, FDIC and OCC Issue Final Guidance on Risk Management in Third-Party Relationships: Moore & Van Allen

On June 6, 2023, the Board of Governors of the Federal Reserve System (the Federal Reserve), the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC, and collectively with the…more

Banking Sector, Compliance, FDIC, Federal Reserve, Final Guidance

See all updates »

European Parliament Passes Landmark Data Protection Regulation

On April 14, 2016, the European Parliament passed the General Data Protection Regulation (GDPR) and its companion, Data Protection Directive for Police and Criminal Justice Authorities. The GDPR is a comprehensive regulation…more

Consent, Data Breach, Data Protection Officers (DPOs), Data Security, EU

See all updates »

Special Situations Client Bulletin - Legal Review Guide for Stressed/Distressed Credits

Although there may be differing views as to whether the U.S. economy is heading into some form of market correction, many would argue that certain warning signs have appeared that would suggest the possibility of an economic…more

Borrowers, Coronavirus/COVID-19, Corporate Governance, Credit Agreements, Debt Restructuring

See all updates »

H-1B Cap Season – Time to Start Preparing

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

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

See all updates »

Wealth Transfer Newsletter

Although the estate and tax planning landscape has undergone substantial change in recent years, we can rest assured that even more change is ahead. We hope that you find this newsletter informative and useful for your personal…more

Estate Planning, Irrevocable Trusts, Tax Planning

See all updates »

The Right of Publicity in the Age of Technology, Social Media, and Heightened Cultural Exchange

Imagine you are a rising social media star. You create a video using a catchy phrase that immediately takes off. The phrase gains national, even global, attention and everyone begins using it. Now, let us say a company uses your…more

Appropriation, Copyright, Free Speech, Intellectual Property Protection, Name and Likeness

See all updates »

Wealth Transfer Newsletter

Although the estate and tax planning landscape has undergone substantial change in recent years, we can rest assured that even more change is ahead. We hope that you find this newsletter informative and useful for your personal…more

Estate Planning, Irrevocable Trusts, Tax Planning

See all updates »

Wealth Transfer Newsletter

Although the estate and tax planning landscape has undergone substantial change in recent years, we can rest assured that even more change is ahead. We hope that you find this newsletter informative and useful for your personal…more

Estate Planning, Irrevocable Trusts, Tax Planning

See all updates »

North Carolina Primary Election Report

A special Congressional primary was held June 7th due to federal court action declaring two of North Carolina's congressional districts to be illegally gerrymandered. The ruling came too late to have state lawmakers re-draw new…more

Primary Elections

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Challenging Prosecutorial Use of a Pretrial Detainee’s Electronic Communications

Pretrial detention imposes several unreasonable burdens on a defendant's ability to prepare for trial. One such burden is that the prosecution often gains access—without a warrant—to the defendant's telephone calls because the…more

Case Management, Detainees, Electronic Communications, Evidence, Litigation Strategies

See all updates »

New Hampshire and New Jersey Consumer Privacy Legislation

New Hampshire. On March 6, 2024, New Hampshire Governor Chris Sununu signed the state’s first comprehensive consumer privacy bill into law. The New Hampshire Privacy Act (the “NHPA”) is now the fourteenth such law to be passed…more

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

See all updates »

LEGAL ALERT Re: Consumer Financial Protection Bureau’s Small Business Lending Data Collection under the Equal Credit Opportunity Act : Moore & Van Allen

The Consumer Financial Protection Bureau (the “CFPB”) has published a final rule implementing the requirements of Section 1071 of the Dodd-Frank Act (the “Final Rule”), which mandated data collection on certain credit…more

Compliance, Consumer Financial Protection Bureau (CFPB), Data Collection, Dodd-Frank, ECOA

See all updates »

Jones Presents at NCBA Estate Planning and Probate Section Annual Meeting

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

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

See all updates »

Wealth Transfer Newsletter

Although the estate and tax planning landscape has undergone substantial change in recent years, we can rest assured that even more change is ahead. We hope that you find this newsletter informative and useful for your personal…more

Estate Planning, Irrevocable Trusts, Tax Planning

See all updates »

Wealth Transfer Newsletter

Although the estate and tax planning landscape has undergone substantial change in recent years, we can rest assured that even more change is ahead. We hope that you find this newsletter informative and useful for your personal…more

Estate Planning, Irrevocable Trusts, Tax Planning

See all updates »

The Transition Away From USD LIBOR for Swaps - A Report for U.S. Market Participants

With the Financial Conduct Authority (the “FCA”) announcing in July 2017, essentially, its intent to no longer persuade or compel panel banks to make LIBOR submissions by the end of 2021, the future of LIBOR, and its role in the…more

Banks, CFTC, End-Users, Financial Conduct Authority (FCA), Financial Markets

See all updates »

The FTC Votes to Ban Non-Compete Agreements

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

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

See all updates »

North Carolina Innovation Council Takes Shape to Implement New FinTech and InsurTech Regulatory Sandbox Program

As home to the second largest banking center in the country, North Carolina has stepped onto the leading edge of innovation in the FinTech and InsurTech arenas. Late last year, Governor Cooper signed into law H624, the North…more

Consumer Financial Products, Financial Services Industry, FinTech, Governor Cooper, Innovative Technology

See all updates »

The FTC Votes to Ban Non-Compete Agreements

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

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

See all updates »

Federal Cybersecurity Legislation Moving Quickly, But Is It In the Wrong Direction?

Federal cybersecurity legislation seeking to establish a national standard for data protection and breach response is quickly working its way through the legislative process. The bipartisan bill, formerly known as the Data…more

Cybersecurity, Data Protection, Federal Breach Notification Standard, Legislative Agendas, Legislative Committees

See all updates »

Wealth Transfer Newsletter

Although the estate and tax planning landscape has undergone substantial change in recent years, we can rest assured that even more change is ahead. We hope that you find this newsletter informative and useful for your personal…more

Estate Planning, Irrevocable Trusts, Tax Planning

See all updates »

United States Imposes Sanctions Related to Russia’s Invasion of Ukraine

In February 2014, the Revolution of Dignity or Maidan revolution in Ukraine resulted in the ousting of Ukrainian President Viktor Yanukovych. In the months that followed, Russia annexed the Crimea region of Ukraine and supported…more

Banks, Belarus, Biden Administration, Economic Sanctions, Executive Orders

See all updates »

Reprieve Given by California Courts in CPRA Enforcement

On June 30, 2023, a court in Sacramento issued an order enjoining enforcement of the implementing regulations promulgated by the California Privacy Protection Agency (CPPA) under the California Privacy Rights Act of 2020 (CPRA)…more

Automated Decision Systems (ADS), California, California Privacy Protection Agency (CPPA), California Privacy Rights Act (CPRA), Data Privacy

See all updates »

Special Situations Client Bulletin - Legal Review Guide for Stressed/Distressed Credits

Although there may be differing views as to whether the U.S. economy is heading into some form of market correction, many would argue that certain warning signs have appeared that would suggest the possibility of an economic…more

Borrowers, Coronavirus/COVID-19, Corporate Governance, Credit Agreements, Debt Restructuring

See all updates »

Racial Equity Audits: The New ESG Frontier

Investors and shareholders are more frequently requesting racial equity audits of large companies to demonstrate their attention to ESG and DEI goals. Moore & Van Allen PLLC attorneys Valecia M. McDowell and Elena F. Mitchell…more

Audits, Corporate Counsel, Corporate Governance, Diversity and Inclusion Standards (D&I), Environmental Social & Governance (ESG)

See all updates »

Nebraska and Kentucky Pass Comprehensive Privacy Laws

So far 2024 has seen a flurry of new and proposed state comprehensive privacy legislation. Nebraska and Kentucky are the two latest states to jump on the bandwagon. Both follow the now familiar framework established by the…more

Consumer Privacy Rights, Covered Entities, Data Privacy, Data Protection, Data Protection Acts

See all updates »

Challenging Prosecutorial Use of a Pretrial Detainee’s Electronic Communications

Pretrial detention imposes several unreasonable burdens on a defendant's ability to prepare for trial. One such burden is that the prosecution often gains access—without a warrant—to the defendant's telephone calls because the…more

Case Management, Detainees, Electronic Communications, Evidence, Litigation Strategies

See all updates »

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

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

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

See all updates »

Attorneys Should Have An Ethical Duty To Advance DEI

Following the murder of George Floyd in 2020, companies increasingly began performing racial equity and civil rights assessments to measure company performance in terms of achieving goals related to social justice and diversity,…more

Bias, Corporate Governance, Discrimination, Diversity, Diversity and Inclusion Standards (D&I)

See all updates »

Special Situations Client Bulletin - Legal Review Guide for Stressed/Distressed Credits

Although there may be differing views as to whether the U.S. economy is heading into some form of market correction, many would argue that certain warning signs have appeared that would suggest the possibility of an economic…more

Borrowers, Coronavirus/COVID-19, Corporate Governance, Credit Agreements, Debt Restructuring

See all updates »

Overview of the CFPB’s Recent Section 1071 FAQ Release

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

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

See all updates »

CFPB Announces LIBOR Transition’s Final Rule, Amending Provisions of Regulation Z

On December 7, 2021, the Consumer Financial Protection Bureau (“CFPB”) published its final rule (“Rule”) facilitating the transition away from LIBOR for open-end and closed-end consumer financial products. The Rule amends…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Final Rules, Libor, Notice Requirements

See all updates »

Trump Supreme Court Pick, Brett Kavanaugh, Could Play Role In Reshaping Major Securities Fraud Enforcement Tool

No one doubts that Judge Brett Kavanaugh, President Trump’s pick for the Supreme Court, would have an impact on the court’s jurisprudence if confirmed. For financial services and publicly-traded companies, as well as those that…more

Aiding and Abetting, False Statements, Financial Services Industry, Investment Schemes, Investors

See all updates »

DOJ Continues Efforts to Encourage Voluntary Corporate Self-Disclosure with New Safe Harbor Policy

On October 4, 2023, Deputy Attorney General Lisa Monaco announced the next (but not final) chapter of the U.S. Department of Justice’s concerted attempt to promote voluntary corporate self-disclosure of misconduct with a new…more

Acquisitions, Compliance, Corporate Governance, Corporate Misconduct, Department of Justice (DOJ)

See all updates »

Legislative and Bank Regulatory Actions to Assist Forbearance in a Pandemic World

For the last three weeks or so, the federal and state banking agencies, collectively and individually, have, with increasing urgency, called on financial institutions to meet the financial needs of customers impacted by the…more

Banking Sector, CARES Act, Coronavirus/COVID-19, Financial Regulatory Agencies, Forbearance Agreements

See all updates »

Behind the Veil and the Blurred Distinctions of Entity Liability

As corporate counsel, you are well aware that the practice of creating, expanding, or reorganizing corporate entities and their subsidiaries is fraught with legal peril, both for your client and its officers and directors…more

Acquisitions, Alter Ego, Corporate Financing, Corporate Governance, Corporate Restructuring

See all updates »

DOJ Continues Efforts to Encourage Voluntary Corporate Self-Disclosure with New Safe Harbor Policy

On October 4, 2023, Deputy Attorney General Lisa Monaco announced the next (but not final) chapter of the U.S. Department of Justice’s concerted attempt to promote voluntary corporate self-disclosure of misconduct with a new…more

Acquisitions, Compliance, Corporate Governance, Corporate Misconduct, Department of Justice (DOJ)

See all updates »

Washington State Legislature Takes Another Shot At a Consumer Data Privacy Law

Following an unsuccessful attempt last year at passing a comprehensive data privacy bill, the Washington State Legislature is hoping the second time’s the charm. Senate Bill 6281, this session’s updated version of The Washington…more

American Civil Liberties Union (ACLU), California Consumer Privacy Act (CCPA), Congressional Committees, Consumer Privacy Rights, Facial Recognition Technology

See all updates »

Focusing on the Mission While Watching Macro Trends

The flow of media coming at us reminds us that we continue to live in the challenging times that began in 2007. For our clients and companies, we can provide effective leadership and advice by maintaining focus on our missions…more

Corporate Culture, Regulatory Standards, State and Local Government

See all updates »

The Biden Administration Issues Its COVID-19 Plan

Overview: On September 9, 2021, the Biden Administration issued a variety of measures designed to promote COVID-19 safeguards and decrease the spread of the COVID-19 virus. Such measures included two Executive Orders and…more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates, Executive Orders

See all updates »

Special Situations Client Bulletin - Legal Review Guide for Stressed/Distressed Credits

Although there may be differing views as to whether the U.S. economy is heading into some form of market correction, many would argue that certain warning signs have appeared that would suggest the possibility of an economic…more

Borrowers, Coronavirus/COVID-19, Corporate Governance, Credit Agreements, Debt Restructuring

See all updates »

Challenging Prosecutorial Use of a Pretrial Detainee’s Electronic Communications

Pretrial detention imposes several unreasonable burdens on a defendant's ability to prepare for trial. One such burden is that the prosecution often gains access—without a warrant—to the defendant's telephone calls because the…more

Case Management, Detainees, Electronic Communications, Evidence, Litigation Strategies

See all updates »

2018 North Carolina Midterm Election Report

The nation’s political divide was reflected in last night’s Congressional elections. Republicans will maintain control of the Senate, but Democrats have gained control of the House of Representatives…more

Appeals, Constitutional Amendment, Election Results, General Assembly, General Elections

See all updates »

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

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

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

See all updates »

Task Force on Market Integrity and Consumer Fraud

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

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

See all updates »

Treasury Department Publishes Interim Final Rule Implementing CFIUS Filing Fees

As discussed in our related March 25, 2020 post, in early March 2020, the Department of the Treasury (“Treasury”) issued a proposed rule regarding filing fees for parties filing voluntary notices of certain transactions for…more

CFIUS, Filing Fees, FIRRMA, Interim Final Rules (IFR), U.S. Treasury

See all updates »

The Federal Reserve, FDIC and OCC Issue Final Guidance on Risk Management in Third-Party Relationships: Moore & Van Allen

On June 6, 2023, the Board of Governors of the Federal Reserve System (the Federal Reserve), the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC, and collectively with the…more

Banking Sector, Compliance, FDIC, Federal Reserve, Final Guidance

See all updates »

Navigating data challenges and compliance in AI initiatives

Data serves as the foundational element for artificial intelligence (AI) models, enabling algorithms to discern patterns, forecast outcomes, and provide insights. The advent of generative AI, which relies extensively on vast and…more

Algorithms, Artificial Intelligence, California Consumer Privacy Act (CCPA), Compliance, Data Privacy

See all updates »

Oregon Passes Comprehensive Privacy Law

In July, Oregon’s governor signed into law the Oregon Consumer Privacy Act (“OCPA”), making Oregon the eleventh state to enact a comprehensive privacy law. The OCPA goes into effect on July 1, 2024. Covered business other than…more

Consumer Privacy Rights, Covered Business, Data Privacy, Data Protection, Data Protection Acts

See all updates »

Employment & Labor Update - Supreme Court Approves Employers’ Right To Conduct Security Screening Without Wage Liability

On Wednesday, the Supreme Court ruled that employers have no obligation to pay their employees for time spent undergoing security screenings when those screenings are not integral to the employees’ job duties. Busk et al. v…more

Amazon, Integrity Staffing v Busk, SCOTUS, Security Checks, Wages

See all updates »

South Carolina Legislative Update

Infrastructure, workforce development, Sharia Law, and automobile dealer closing fees seemed to dominate last week’s activities of the South Carolina General Assembly. Below are a few highlights..…more

Car Dealerships, Closing Documents, Critical Infrastructure Sectors, Federal Funding, Gas Taxes

See all updates »

SBIC Client Alert: Changes to Passive Business Rule

Earlier this week, the revised and final “Passive Business Rule” (13 CFR 107.720(b) of the Small Business Investment Act of 1958, as amended) was released by the U.S. Small Business Administration (the “SBA”)…more

Final Rules, Passive Activity, SBA, Small Business, Small Business Investment Company

See all updates »

Smith to Moderate Judges’ Panel at ABI Symposium to Benefit Puerto Rico

Charlotte Bankruptcy Member and Team Leader Zach Smith will be moderating a panel of Puerto Rico’s Bankruptcy Judges at the American Bankruptcy Institute’s Caribbean Insolvency Symposium on February 1 in Miami, Florida…more

American Bankruptcy Institute, Commercial Bankruptcy, Financial Crisis, Hurricane Irma, Hurricane Maria

See all updates »

Suit Alleging FDIC Overdraft Overreach May Not Make Waves

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

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

See all updates »

In Loper Bright and Relentless, Supreme Court returns to high-stakes question of viability of the Chevron doctrine

James P. McLoughlin Jr., Mary Katherine Stukes and Pierce Werner of Moore & Van Allen discuss the arguments, background and questions surrounding the Supreme Court's upcoming review of the Chevron doctrine. On May 1, 2023,…more

Chevron, Chevron Deference, Chevron v NRDC, Constitutional Challenges, Environmental Protection Agency (EPA)

See all updates »

H-1B Cap Season – Time to Start Preparing

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

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

See all updates »

The Federal Reserve, FDIC and OCC Issue Final Guidance on Risk Management in Third-Party Relationships: Moore & Van Allen

On June 6, 2023, the Board of Governors of the Federal Reserve System (the Federal Reserve), the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC, and collectively with the…more

Banking Sector, Compliance, FDIC, Federal Reserve, Final Guidance

See all updates »

Beware Compromised Business Email... and the Litigation that Follows

Businesses are facing this system hack with ever-increasing frequency: An accounts payable employee receives new or updated payment instructions from a vendor via email. The email appears to be from a familiar counterpart at the…more

Customer Information, Cyber Crimes, Cybersecurity, Data Breach, Data Privacy

See all updates »

Wealth Transfer Newsletter

Although the estate and tax planning landscape has undergone substantial change in recent years, we can rest assured that even more change is ahead. We hope that you find this newsletter informative and useful for your personal…more

Estate Planning, Irrevocable Trusts, Tax Planning

See all updates »

New Importance of Meeting Section 101 Requirements

On March 20, 2012, the Supreme Court handed down its opinion in Mayo Collaborative Services v. Prometheus Labs., Inc., No. 10-1150. In this case, the Court considered the validity of two patents belonging to Prometheus with…more

Mayo v. Prometheus, Patent-Eligible Subject Matter, Patents, SCOTUS, Section 101

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Suit Alleging FDIC Overdraft Overreach May Not Make Waves

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

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

See all updates »

In Loper Bright and Relentless, Supreme Court returns to high-stakes question of viability of the Chevron doctrine

James P. McLoughlin Jr., Mary Katherine Stukes and Pierce Werner of Moore & Van Allen discuss the arguments, background and questions surrounding the Supreme Court's upcoming review of the Chevron doctrine. On May 1, 2023,…more

Chevron, Chevron Deference, Chevron v NRDC, Constitutional Challenges, Environmental Protection Agency (EPA)

See all updates »

Changes to Visa Waiver Program Take Effect

The US Department of State (DOS) has begun implementing changes under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015. Signed into law on December 18, 2015, the Act establishes new criteria for…more

ESTA, Iran, Iraq, Sudan, Syria

See all updates »

Breakage Costs & SOFR Loans: Breaking-up is Still Expensive

It may not be the next Taylor Swift song, but a prepayment changes the Lender-Borrower relationship. In a swap, we all know there are consequences. Rather than a “breakage cost”, the swap market just calls it an early…more

Borrowers, Lenders, Libor, Loans, Prepayment Penalties

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OSHA ETS Stayed by Supreme Court

Yesterday the Supreme Court issued an order staying the OSHA Emergency Temporary Standard (ETS) that would have required all employers with 100 or more employees to enforce Covid-19 vaccination or testing requirements. …more

Biden Administration, Biden v Missouri, Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Coronavirus/COVID-19

See all updates »

H-1B Cap Season – Time to Start Preparing

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

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

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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