Author Info for Nelson Mullins Riley & Scarborough LLP

Matt Abee

Reacting to Tyler v. Hennepin County: West Virginia Federal Court Allows Wood County Tax-Sale Challenge to Proceed

Earlier this month, the U.S. District Court for the Southern District of West Virginia declined to dismiss a Section 1983 challenge against a West Virginia County in Grady v. Wood County. This ruling comes in the wake of the… more

Constitutional Challenges, Excessive Fines Clause, Foreclosure, Property Owners, Property Tax

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Matthew Abney

IARC Releases Its Priority Evaluation List for 2025-2029

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

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

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Mallory Acheson

Get to Know the Global Privacy Control (GPC): State Attorneys General Remind Consumers of Their Right to Opt-Out of the Sale or Sharing of Personal Information

Introduction - Most businesses are aware of historical restrictions or limitations on selling personal information to third parties for monetary consideration… more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Data Privacy, Data Protection, Opt-Outs

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Weston Adams, III

Virginia Pipeline Ruling Could Have a Significant Impact on the Fight for Environmental Justice

The Lambert compressor station, a natural gas facility in rural Virginia, if approved, would extend the 303-mile Mountain Valley pipeline project by 75 miles into North Carolina. Opponents of the project argue that the proposed… more

Energy Projects, Energy Sector, Environmental Justice, Natural Gas, Pipelines

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Samantha Ahearn

Bribers, Start Your Engines or Pump the Brakes?

Five Fast Reminders as Trump Pauses FCPA Enforcement - Late on February 10, 2025, President Trump issued an Executive Order (“EO”) instructing the Attorney General to pause Foreign Corrupt Practices Act (“FCPA”) enforcement… more

Anti-Bribery, Corporate Governance, Department of Justice (DOJ), Enforcement Actions, Executive Orders

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Kristin Ahr

Maryland Federal Court Enjoins Implementation and Enforcement of Two Trump Executive Orders Directed at DEI

On February 20, 2024, a Federal District Court in Baltimore preliminarily stopped the Trump DEI Executive Orders from going into effect until further legal proceedings occur. This abrupt halt of the Executive Orders will create… more

Constitutional Challenges, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Executive Orders, False Claims Act (FCA)

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Robert Alfert Jr.

Restructuring Commercial Real Estate Leases in the COVID-19 Era

We are currently at the forefront of an economic downturn driven by conditions that none of us have experienced in our lifetimes. Unlike the “great recession” of 2008-2012 which was triggered by a systemic financial collapse,… more

Breach of Contract, Commercial Leases, Commercial Tenants, Contract Terms, Coronavirus/COVID-19

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Randal Alligood

Florida 'Live Local Act' Provides Incentives to Build Affordable and Workforce Housing

On March 29, 2023, Governor Ron DeSantis signed Senate Bill 102, otherwise known as the Live Local Act, into law, representing the largest investment for housing efforts in Florida history. For your convenience we have… more

Affordable Housing, Construction Project, Critical Infrastructure Sectors, Florida, Housing Market

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Steven Augustino

Muddy Waters: October's Judicial Opinions for Privacy and Digital Tracking

October has offered valuable insights for companies managing privacy obligations related to user tracking, with courts issuing opinions on various wiretap laws and the Video Privacy Protection Act (VPPA) in the context of online… more

Consumer Privacy Rights, Data Collection, Data Privacy, Electronic Monitoring, Invasion of Privacy

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Matt Austin

[Webinar] What To Do When the Government Comes Knocking - February 29th, 1:00 pm - 2:00 pm EST

Join John Heitmann, and Joshua Guyan as they welcome partners Matt Austin, Bart Daniel, and Adam Safwat, three seasoned defense attorneys who use their experience leading defense teams through complex federal investigations. As… more

Criminal Investigations, Criminal Prosecution, Defense Strategies, Department of Justice (DOJ), Enforcement Actions

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Virginia Bailey Rolfes

Real Estate Finance: Holdbacks in a Post COVID Environment

Today’s post COVID environment has commercial real estate owners, investors and lenders reaching for their crystal balls. Rising sales prices for assets, capitalization rate compression, rising interest rates, and a recession on… more

Financing, Lenders, Loans, Real Estate Investments, Real Estate Transactions

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Katherine Guarino Baker

[Webinar] FinTech University: FinTech and Sports - May 2nd, 2:00 pm - 3:00 pm EDT

Join us for the next edition of FinTech University as we focus on FinTech and Sports. This webinar will provide an overview of how FinTech and gaming intersect, including casino gaming, sports betting, and fantasy sports… more

Casinos, Continuing Legal Education, Fantasy Sports, Financial Services Industry, FinTech

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Emily Balzano

Some Securities Stability for Stablecoins: Judge Torres Rules GYEN is not a Security

Although the U.S. Government under President Trump has flipped the script on its approach to cryptocurrency in just a matter of weeks, one big question that is still out there is will the courts chill the recent enthusiasm of… more

Blockchain, Cryptocurrency, Digital Assets, Howey, Investment

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Bethany Barclay-Adeniyi

Reincorporating a Delaware Entity Elsewhere: Could This Be the Next Great DExodus?

Amidst a flurry of recent reincorporations—conveniently coined “DExits”—of major corporations such as Dropbox, Tesla, and potentially Meta, Delaware’s future as a corporate safe-haven faces uncertainty. Delaware has long been… more

Business Entities, Corporate Governance, Delaware, Delaware General Corporation Law, Fiduciary Duty

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Chelsea Barnes

If Enacted, North Carolina House Bill 737 Will Transform the Legal Landscape for Hospital Transactions

On April 18, 2023, Representative Caleb Rudow (D-Buncombe) introduced House Bill (HB) 737, entitled An Act Preserving Competition in Health Care by Regulating the Consolidation and Conveyance of Hospitals. If enacted, HB 737… more

Certificates of Public Advantage (COPAs), Competition, General Assembly, Health Care Providers, Healthcare

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Benjamin Barnhill

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

This is the third installment of our series evaluating the choice between starting a “new” bank through the de novo chartering process or purchasing an existing bank to implement the new business plan. Since we first wrote on… more

Banks, Financial Institutions, Financial Services Industry, National Bank Charters

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Bradley Barringer

Retain, Maintain, or Preserve – Properly Identifying Obligations Can Streamline Records Management for Companies

Companies routinely face decisions on what information should be retained, what information should be maintained, and what information, if any, must be preserved. Many companies make these decisions without truly understanding… more

Data Preservation, Data Retention, Document Retention Policies, Electronically Stored Information, Recordkeeping Requirements

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James Bartling

Navigating the Business Landscape After Silicon Valley Bank and Signature Bank - Key Questions and Answers for Companies, Founders, Executives and Investors

Start-up, emerging, middle market and other companies and their founders, executives, and investors, are facing heightened demands in the wake of recent developments involving Silicon Valley Bank (SVB) and Signature Bank. You… more

Deposit Accounts, Deposit Insurance, Depository Institutions, Emerging Growth Companies, FDIC

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Crosby Becker

Reincorporating a Delaware Entity Elsewhere: Could This Be the Next Great DExodus?

Amidst a flurry of recent reincorporations—conveniently coined “DExits”—of major corporations such as Dropbox, Tesla, and potentially Meta, Delaware’s future as a corporate safe-haven faces uncertainty. Delaware has long been… more

Business Entities, Corporate Governance, Delaware, Delaware General Corporation Law, Fiduciary Duty

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Jody Bedenbaugh

In Appreciation of a Pirate

As we turn to a new year, my wife and I like to reminisce about our best days and milestones of the prior year (for 2023, it was a huge celebration with our best friends for my wife’s birthday, an epic bike ride with our kids on… more

Bankruptcy Code, Bankruptcy Court, Bankruptcy Plans, Bankruptcy Preferences, Commercial Bankruptcy

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Brandon Bigelow

FTC Guidance Confirms OEMs Are Not “Service Providers” to Dealers Under Safeguards Rule

Recently issued guidance from the Federal Trade Commission (FTC) addresses frequently asked questions about the application of the agency’s Safeguards Rule, 16 C.F.R. § 314.1 et seq., to new car dealers since the 2023 overhaul… more

Automotive Industry, Consumer Financial Products, Data Protection, Data Security, Federal Trade Commission (FTC)

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Melissa Foster Bird

Work-Life ‘Balance’ — Don’t Drop the Plates or the Brief!

Partners Katelyn Fredericks, Melissa Foster Bird, Marquetta Bryan, and Ginger Boyd answer questions posed by firm associates on maintaining work-life balance, a constant tension in the lives of working mothers since they entered… more

Business Development, Firm Leadership, Gender Equity, Law Firm Partners, Women in the Law

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Erika Birg

[Webinar] The Art of the Deal: Mediation Preparation, Presentation, and Strategy - July 20th, 2:00 pm - 3:30 pm EDT

Please join the Nelson Mullins Employment and Labor Group for a webinar on mediation best practices, featuring Steve Dunn of Miles Mediation. In a roundtable-style discussion, the panelists, including Steve Dunn, Erika Birg,… more

Best Practices, Dispute Resolution, Mediation, Mediators, Webinars

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Mary Biscoe-Hall

Trial During COVID-19: Three Associates Share Their Experiences

After shutting down for much of 2020 to protect public safety during the COVID-19 pandemic, courts across the country have slowly and cautiously reopened their courtrooms in 2021 to hold virtual and in-person trials in an effort… more

Litigation Strategies, Trial Preparation, Trials, Young Lawyers

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Michael Bittman

[Virtual Event] 2022 Central Florida Health Law Forum - April 28th, 11:00 am - 7:00 pm EDT

Please join Nelson Mullins Riley & Scarborough for the 2022 Central Florida Health Law Forum. This year, the event will be offered in-person or virtually and will include networking opportunities and a series of educational… more

Cybersecurity, Data Privacy, Health Care Providers, Health Technology, Healthcare Facilities

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Christopher Blake

[Webinar] Navigating the Legal, Economic and Business Challenges of the Coronavirus Pandemic - April 8th, 1:30 pm - 2:30 pm EDT

Topics to be presented: Best Practices for Investigating and Assessing Insurance Coverage for Business Interruption Losses Presented by Chris Blake OSHA Considerations During COVID-19 Presented by Weston Adams Environmental… more

Best Practices, Business Interruption, Business Losses, Compliance, Coronavirus/COVID-19

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Bob Wade

Physician Wellness Program Exception

On Dec. 29, 2022, the Consolidated Appropriations Act (the “CAA”) was signed into law. The CAA provides for a new exception to the Stark Law and Anti-Kickback Statute (the “AKS”). Section 4126 of the CAA introduces a new… more

Anti-Kickback Statute, Consolidated Appropriations Act (CAA), Healthcare, Mental Health, Physicians

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A. Mattison Bogan

Rehearing Recently Sought in South Carolina Appeals Court Case That May Affect the Priority of Refinance Mortgages

The South Carolina Court of Appeals rejected the replacement mortgage doctrine on Nov. 25, 2020 and held a home equity line of credit had priority over a subsequent mortgage that secured refinancing of a mortgage prior in time… more

Borrowers, Creditors, HELOC, Home Equity, Mortgages

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Tammy Bokmuller

New California Whistleblower Notice Requirements for Employers

While California whistleblowers have long received protection under California law, effective January 1, 2025, California employers have new notice requirements. California employers must ensure their posting is up-to-date with… more

California, Employee Rights, Labor Code, Labor Reform, New Legislation

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Heyward Bonyata

Court Issues a Rare, Severe Discovery Sanction: The Path that Led to Default Judgment

A Tennessee Circuit Court recently issued an order granting default judgment as a discovery sanction against Endo Health Services, Inc. in Staubus v. Purdue Pharma, L.P., et al., No C-41916 (Tenn. Cir. Ct. Apr. 6, 2021). We… more

Discovery, Sanctions, Summary Judgment

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Mitch Boyarsky

Disparate Impact: Executive Order Restoring Equality of Opportunity and Meritocracy v. Title VII & the Courts

On April 23, 2025, President Trump signed an Executive Order (EO) titled, Restoring Equality of Opportunity and Meritocracy, which addresses disparate impact discrimination… more

Department of Justice (DOJ), Disparate Impact, Employment Discrimination, Employment Litigation, Equal Employment Opportunity Commission (EEOC)

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Ginger Barry Boyd

Employer Takeaways for OSHA's Long-Awaited COVID-19 Mandate

The U.S. Department of Labor issued on Nov. 4 the long-awaited emergency rule implementing President Biden’s mandate that employers of 100 or more employees company-wide (at any time the emergency rule is in effect) require… more

Coronavirus/COVID-19, Employer Mandates, OSHA, Vaccinations, Virus Testing

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Mike Bradshaw

Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act Provides Additional Funding to Small Businesses Under the Paycheck Protection Program

In response to the continued market disruption and economic impact of the COVID-19 pandemic, Congress passed the Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act, or the Act, on December 21, 2020 as a part of… more

Borrowers, Coronavirus/COVID-19, Loans, Nonprofits, Paycheck Protection Program (PPP)

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Dowse Bradwell Rustin, IV

When Did You Last Review Your Consumer Contracts?

A CFPB Circular from June bears additional scrutiny from across the financial services spectrum. Despite most courts allowing “savings” clauses in contracts, the Consumer Financial Protection Bureau (CFPB) indicates that the… more

Consumer Financial Protection Bureau (CFPB), Financial Services Industry, FinTech, Savings Clause, UDAAP

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Benjamin Britz

“Free your mind!” — Understanding the CFTC’s New Mitigation Credit Matrix

The Commodity Futures Trading Commission (CFTC) recently issued a significant Enforcement Advisory detailing how companies and individuals can earn Mitigation Credit… more

CFTC, Civil Monetary Penalty, Compliance, Enforcement, Financial Regulatory Reform

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Gary Brown

[Webinar] FinTech University: Remediation of Defective Token Offerings - February 6th, 12:00 pm - 1:00 pm EST

Join us for the next edition of FinTech University as we focus on the remediation of defective token offerings. This webinar will examine how defective tokens are detected, what makes a token defective, and how FinTech users may… more

Blockchain, Continuing Legal Education, Cryptocurrency, Financial Services Industry, Initial Coin Offering (ICOs)

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Matthew E. Brown

Two new FDA Drug Supply Chain Security Act Guidances to help Pharmaceutical Supply Chain Partners Comply with the DSCSA’s move to Electronic Tracking

The DSCSA, enacted in 2013, requires entities in the pharmaceutical supply chain to implement security measures to prevent the introduction of counterfeit and illegitimate drugs into the market. One of these measures is the… more

Drug Distribution, DSCSA, Food & Drug Regulations, Food and Drug Administration (FDA), Healthcare

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Matthew T. Brown

MA SJC Upholds Forfeiture for Employee Breaching Non-Solicitation Agreement

On June 13, 2025, the Massachusetts Supreme Judicial Court (SJC) ruled in Susan Miele v. Foundation Medicine, Inc., that the Massachusetts Non-Competition Agreement Act (the “Act”) does not apply to a non-solicitation agreement… more

Contract Disputes, Employee Rights, Employment Litigation, Non-Compete Agreements, Restrictive Covenants

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Marquetta Bryan

Disparate Impact: Executive Order Restoring Equality of Opportunity and Meritocracy v. Title VII & the Courts

On April 23, 2025, President Trump signed an Executive Order (EO) titled, Restoring Equality of Opportunity and Meritocracy, which addresses disparate impact discrimination… more

Department of Justice (DOJ), Disparate Impact, Employment Discrimination, Employment Litigation, Equal Employment Opportunity Commission (EEOC)

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Henry Burwell

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

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

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

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Travis Bustamante

Default Judgment Sanction Against Defendants for Failure to Produce Slack Messages

In Red Wolf Energy Trading, LLC v. BIA Capital Management, LLC, Gregory V. Moeller, Growthworks, LLC, Michael Harradon, and Jon Moeller, the United States District Court for the District of Massachusetts entered a default… more

Commercial Litigation, Default Judgment, Discovery, Discovery Disputes, Electronic Communications

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Drew Calamaro

DExodus: New Considerations from Stanford Study on Shareholder Suit Expenses

As previously discussed in our Corporate Governance Insight on March 20, 2025, certain companies and investors continue to reassess whether to incorporate or form in the state of Delaware or move to another state. A recent study… more

Attorney's Fees, Board of Directors, Business Entities, Corporate Governance, Delaware

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Jake Carroll

Avoiding Contract Conflicts: Five Key AIA Provisions to Align with Lease Agreements

This article continues a series offering practical guidance to developers, owners, and project teams on how to proactively harmonize American Institute of Architects (AIA) construction documents with the broader contractual… more

Commercial Leases, Construction Contracts, Construction Project, Contract Disputes, Contract Negotiations

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Christopher Casavale

GDPR’s Impact on Online Brand Enforcement

The European Parliament, the Council of the European Union, and the European Commission have enacted a new data privacy regulation in 2016 entitled the General Data Protection Regulation (GDPR) that will likely be adversely… more

Cybersecurity, Data Privacy, Data Protection, EU, European Commission

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Rachael Chen

Department of Labor Issues New Rule Regarding Classification of Independent Contractors

Recently, the U.S. Department of Labor (DOL) issued a new rule redefining how workers are classified under the Fair Labor Standards Act (FLSA). The final rule, which will make it more challenging to classify workers as… more

Department of Labor (DOL), Economic Realities Test, Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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Amy Cheng

The Centers for Medicare & Medicaid Services Issues Rule Mandating COVID-19 Vaccinations for Certain Healthcare Staff

The Centers for Medicare and Medicaid (CMS) released a new Interim Final Rule (IFR)[1] on Nov. 4, 2021 that requires certain healthcare staff at facilities that participate in the Medicare and Medicaid programs to receive the… more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates, Healthcare Workers, OSHA

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Franklin Chou

Federal AI Civil Rights Bill Introduced to Guard Civil Liberties, Mitigate Algorithmic Bias, and Protect Livelihoods

United States Senators Edward J. Markey (D-Mass.) and Mazie Hirono (D-Hawaii) have proposed the Artificial Intelligence Civil Rights Act of 2024 (AI Civil Rights Act), which is comprehensive legislation aimed at regulating the… more

Algorithms, Artificial Intelligence, Bias, Civil Liberties, Civil Rights Act

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Jennifer Ciarrocchi

New York Employers Must Now Provide Paid Prenatal Leave

New York has become the first state in the nation to mandate paid prenatal leave for pregnant employees. Governor Kathy Hochul signed new legislation on April 22, 2024, to expand the New York Paid Family Leave Law (“NY PFL”) to… more

Equal Employment Opportunity Commission (EEOC), New York, Paid Leave, Parental Leave, Pregnancy

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Adrianne Cleven

From Copyright Case to AI Data Crisis: How The New York Times v. OpenAI Reshapes Companies’ Data Governance and eDiscovery Strategy

The New York Times v. OpenAI litigation has garnered significant attention as a landmark copyright dispute; however, it has rapidly evolved into a global data privacy conflict that will inform how enterprises approach AI and… more

Artificial Intelligence, Copyright Infringement, Copyright Litigation, Data Management, Data Preservation

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Jarrett Coco

Apple’s iOS 16 and E-Discovery

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

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

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Bob Coffield

Attention SNFs: Enhanced 855A Disclosure Requirement Deadline Extended to August 1, 2025

This article is an update to a December 2024 client alert. On April 17, 2025, the Centers for Medicare and Medicaid Services ("CMS") extended the revalidation deadline for its 855A skilled nursing facility… more

Centers for Medicare & Medicaid Services (CMS), Disclosure Requirements, Filing Deadlines, Healthcare Facilities, Medicaid

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Arthur Coleman

EducationCounsel Supports Efforts to Protect Rights of Transgender Students Across the Country

Through its long-standing engagement with GLSEN, a national nonprofit dedicated to promoting and supporting LGBTQ+ inclusive schools, EducationCounsel has authored numerous amicus briefs along with Willkie Farr & Gallagher LLP… more

Discrimination, Gender Identity, LGBTQ, Sex Discrimination, Transgender

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Rose Collins

Recent EEOC Action Updates for Employers Relating to AI Hiring Tools, Pregnancy, and Pay Reporting

On August 9, 2023, the Equal Employment Opportunity Commission’s (“EEOC”) new Commissioner, Kalpana Kotagal, was sworn in, likely bringing more employee-friendly policies with her into the role. In the past month, the EEOC has… more

Artificial Intelligence, Bias, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Federal Labor Laws

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Ryann Connell

Make-Whole Premiums in Bankruptcy: Clarity in Drafting, Certainty in Recovery

In the world of commercial lending, certain contract provisions often go unnoticed—until the moment they matter most. Make-whole premiums are one such example. Typically tucked deep in loan agreements, these provisions are… more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Contract Drafting, Contract Terms

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Gene Crick Jr.

New Qualified Opportunity Zones Guidance: Proposed Regulations and Revenue Ruling 2018-29

The United States Treasury Department (“Treasury”) issued proposed regulations (Prop. Reg. §1.1400Z-2) (the “Proposed Regulations”) on October 19, 2018, under Section 1400Z-2 of the Internal Revenue Code, as amended, (the… more

Capital Gains, Community Development, Economic Development, Internal Revenue Code (IRC), Investment Funds

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Hollie Croft

Florida 'Live Local Act' Provides Incentives to Build Affordable and Workforce Housing

On March 29, 2023, Governor Ron DeSantis signed Senate Bill 102, otherwise known as the Live Local Act, into law, representing the largest investment for housing efforts in Florida history. For your convenience we have… more

Affordable Housing, Construction Project, Critical Infrastructure Sectors, Florida, Housing Market

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Hannah Cross

OIG Issues General Compliance Program Guidance

On November 6, 2023, the Department of Health and Human Services Office of Inspector General (OIG) issued General Compliance Program Guidance (GCPG) via publication on its website, which can be accessed by this link. The… more

Compliance Management Systems, Cooperative Compliance Regime, Department of Health and Human Services (HHS), Healthcare, OIG

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Ryan Cullen

Trial During COVID-19: Three Associates Share Their Experiences

After shutting down for much of 2020 to protect public safety during the COVID-19 pandemic, courts across the country have slowly and cautiously reopened their courtrooms in 2021 to hold virtual and in-person trials in an effort… more

Litigation Strategies, Trial Preparation, Trials, Young Lawyers

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Jennie Cunningham

State Privacy Enforcement Roundup: Regulators Target Privacy Notice Violations and Online Tracking Tech

State attorneys general and regulatory agencies continue to enforce against violations of comprehensive state privacy laws, as demonstrated by recent enforcement actions by the California and Connecticut Attorneys General and… more

California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Connecticut, Data Privacy, Enforcement Actions

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Daniel Curran

When James Met Gary, Howey, and Hinman: New York AG Takes Aim at KuCoin (but hits Ethereum) in Latest Crypto Crackdown

In his famous 2018 speech, William Hinman, Digital Asset Transactions: When Howey Met Gary (Plastic), the Director of the U.S. Securities and Exchange Commission (“SEC”), asked… more

Bitcoin, Cryptocurrency, Digital Currency, Enforcement Actions, Ethereum

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Lori Anne Czepiel

DExodus: New Considerations from Stanford Study on Shareholder Suit Expenses

As previously discussed in our Corporate Governance Insight on March 20, 2025, certain companies and investors continue to reassess whether to incorporate or form in the state of Delaware or move to another state. A recent study… more

Attorney's Fees, Board of Directors, Business Entities, Corporate Governance, Delaware

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Bart Daniel

[Webinar] What To Do When the Government Comes Knocking - February 29th, 1:00 pm - 2:00 pm EST

Join John Heitmann, and Joshua Guyan as they welcome partners Matt Austin, Bart Daniel, and Adam Safwat, three seasoned defense attorneys who use their experience leading defense teams through complex federal investigations. As… more

Criminal Investigations, Criminal Prosecution, Defense Strategies, Department of Justice (DOJ), Enforcement Actions

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Jennifer Williams Davis

Alert from Nelson Mullins' Private Wealth Services Group

The COVID-19 outbreak has changed the world in unprecedented ways. Now more than ever, it is important to make sure that you and your loved ones have a complete estate plan in place… more

Estate Planning, Living Will, Power of Attorney, Trusts, Wills

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Travis Dayhuff

South Carolina Sunsets Certificate of Need Law

On May 3, 2023, the South Carolina General Assembly passed S.164 which overhauled the state’s Certificate of Need (CON) law. The bill was signed by Governor McMaster on May 16, 2023 and is now in effect… more

Ambulatory Surgery Centers, Certificate of Need, Health Care Providers, Healthcare, Healthcare Facilities

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Annefloor de Groot

U.S. Supreme Court Rules that Highly Compensated Daily-Rate Employees Qualify for Overtime Pay

On February 22, 2023, the U.S. Supreme Court ruled in Helix Energy Solutions v. Hewitt that highly compensated employees paid on a daily rate basis, rather than on a salary basis, are not exempt from the Fair Labor Standards… more

Day-Rate Pay, Employees, Employer Liability Issues, Employment Litigation, Fair Labor Standards Act (FLSA)

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Wendy Degerman

Coronavirus and its Impact on Collection: Concerns & Practical Solutions

Like the global economy, the legal industry has felt the impact of the coronavirus pandemic and continues to adjust to the new normal of clients and their employees working remotely. This seismic shift in how companies conduct… more

Coronavirus/COVID-19, Discovery, Electronically Stored Information, Remote Working

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Bradley Denson

Restructuring Commercial Real Estate Leases in the COVID-19 Era

We are currently at the forefront of an economic downturn driven by conditions that none of us have experienced in our lifetimes. Unlike the “great recession” of 2008-2012 which was triggered by a systemic financial collapse,… more

Breach of Contract, Commercial Leases, Commercial Tenants, Contract Terms, Coronavirus/COVID-19

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Craig Dillard

IARC Classifies Gasoline As a Human Carcinogen – Litigation May Follow

Last month, the International Agency for Research on Cancer (IARC) announced its new classification for “automotive gasoline and some oxygenated gasoline additives.” In a result that follows IARC’s previous pattern and practice… more

Automotive Industry, Cancer, Chemicals, Environmental Litigation, Hazardous Substances

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Elizabeth Donaldson

FDIC Reemphasizes Focus on FinTech Partnerships and Account Reconciliation

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

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

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Lianna Donovan

2021 E-Discovery Trends and Predictions

It’s no secret that, over the past year, the COVID-19 pandemic forced us to stay home and conduct more of our lives online: business dinners were replaced by Zoom meetings, groceries were ordered and arranged for contactless… more

Discovery, Document Review, e-Discovery Professionals, Legal Technology, Remote Working

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William Donovan

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

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

Equity, Fifth Amendment, Foreclosure, Foreclosure Sales, Forfeiture

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Jim Dudukovich

Do NOT Cancel Your Click-to-Cancel Compliance Efforts!

As has been widely reported, the Eighth Circuit issued a decision this week vacating the Federal Trade Commission’s Click-to-Cancel Rule, which had been scheduled to spring into effect on July 14. In the grand scheme of things… more

Automatic Renewals, California, Cancellation Rights, Compliance, Consumer Protection Laws

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Shane Duer

Attention SNFs: Enhanced 855A Disclosure Requirement Deadline Extended to August 1, 2025

This article is an update to a December 2024 client alert. On April 17, 2025, the Centers for Medicare and Medicaid Services ("CMS") extended the revalidation deadline for its 855A skilled nursing facility… more

Centers for Medicare & Medicaid Services (CMS), Disclosure Requirements, Filing Deadlines, Healthcare Facilities, Medicaid

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Debbie Whittle Durban

Personal Jurisdiction of Opt-In Plaintiffs Under the FLSA: Will the Supreme Court Resolve the Circuit Split this Summer?

Following the U.S. Supreme Court’s landmark opinion in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), a question arising under the Fair Labor Standards Act (FLSA) collective actions is whether… more

Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Certiorari, Class Action, Collective Actions, Corporate Counsel

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Christopher Eby

In Win for Employers, California Appellate Court Confirms Prospective Meal Period Waivers Are Legal

On April 21, 2025, the California Court of Appeals held that prospective written meal period waivers for shifts between five and six hours are lawful, rejecting the argument that meal period waivers must be signed for each… more

California, Employee Rights, Employer Responsibilities, Employment Litigation, Employment Policies

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Knicole Emanuel

CMS Issues Interim Rule in Response to State Medicaid Disenrollment Trend

When the COVID-19 Public Health Emergency (PHE) ended in April 2023, the Families First Coronavirus Response Act’s Medicaid continuous enrollment condition also came to an end. The condition had allowed states to claim a… more

Centers for Medicare & Medicaid Services (CMS), Comment Period, Consolidated Appropriations Act (CAA), Enrollment, FMAP

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Jason Epstein

FTC Guidance Confirms OEMs Are Not “Service Providers” to Dealers Under Safeguards Rule

Recently issued guidance from the Federal Trade Commission (FTC) addresses frequently asked questions about the application of the agency’s Safeguards Rule, 16 C.F.R. § 314.1 et seq., to new car dealers since the 2023 overhaul… more

Automotive Industry, Consumer Financial Products, Data Protection, Data Security, Federal Trade Commission (FTC)

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Elizabeth Ashlynn Falconer

FDA Publishes Paper Detailing Actions It Intends to Take Regarding the Uses of AI Across the Medical Product Life Cycle

Artificial intelligence or AI isn’t going anywhere, and the FDA is the latest agency to recognize its potential to revolutionize healthcare by advancing medical product development, improving patient care, and expanding the… more

Artificial Intelligence, Food and Drug Administration (FDA), Health Care Providers, Healthcare, Life Sciences

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Geoffrey Fay

DOL Issues Late-Breaking Guidance on Defined Benefit Pension Plan Annual Funding Notices

The SECURE Act 2.0, enacted in December 2022, made several updates to what must be included in annual funding notices (“AFN”) issued by defined benefit pension plans. For large plans (as defined below) with a plan year ending… more

Benefit Plan Sponsors, Defined Benefit Plans, Department of Labor (DOL), Disclosure Requirements, Employee Benefits

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Jay Fee

[Webinar] FinTech University: FinTech and Sports - May 2nd, 2:00 pm - 3:00 pm EDT

Join us for the next edition of FinTech University as we focus on FinTech and Sports. This webinar will provide an overview of how FinTech and gaming intersect, including casino gaming, sports betting, and fantasy sports… more

Casinos, Continuing Legal Education, Fantasy Sports, Financial Services Industry, FinTech

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Timothy Fitzgibbon

COVID-19 Relief: Schools Can Accept Gifts from E-Rate Service Providers for Limited Time

On March 18, 2020, the Federal Communication Commission (the “FCC”) waived the E-Rate program gift rule which bars service providers from gifting anything of value in excess of $20… more

Coronavirus/COVID-19, E-Rates, FCC, Infectious Diseases, Telecommunications

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Joseph Fornadel, III

IARC Releases Its Priority Evaluation List for 2025-2029

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

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

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Maya Foster

The Fourth Circuit Disavows Generalized, Overinclusive, and Overly Broad Classes and Class Definitions

On December 17, 2024, the United States Court of Appeals for the Fourth Circuit handed down its published opinion in Stafford v. Bojangles’ Restaurants, Inc., 2024 WL 5131108 (4th Cir. 2024). In a rare move, the Fourth Circuit… more

Appeals, Class Action, Class Certification, Employees, Employment Litigation

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Katelyn Fredericks

2021 M&A Overview and 2022 M&A Outlook

2021 M&A Deal Activity – In the past year, deal making in the middle market set a historic pace. Private Equity firms closed an estimated 8,624 deals for a combined $1.2 trillion—around a 50% increase from previous annual… more

Acquisition Agreements, Business Valuations, Corporate Sales Transactions, Merger Agreements, Private Equity

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Candace Friel

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

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

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

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Carl Fumarola

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

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

Deeds, Foreclosure, Forfeiture, Investors, Liability

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Franco Furmanski

Virginia Pipeline Ruling Could Have a Significant Impact on the Fight for Environmental Justice

The Lambert compressor station, a natural gas facility in rural Virginia, if approved, would extend the 303-mile Mountain Valley pipeline project by 75 miles into North Carolina. Opponents of the project argue that the proposed… more

Energy Projects, Energy Sector, Environmental Justice, Natural Gas, Pipelines

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William Gaines Jr.

Life After LIBOR: ARRC’s Recommended LIBOR Fallback Language

The Alternative Reference Rates Committee (“ARRC”) released its recommended LIBOR fallback language for floating rate notes, syndicated and bilateral business loans, and securitizations that reference LIBOR… more

Banking Sector, Banks, Interest Rates, Libor, UK

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Gina Ginn Greenwood

Department of Defense Issues New Government Contractor Cybersecurity Rules

The United States Department of Defense (DoD) finalized a new rule implementing the Cybersecurity Maturity Model Certification (CMMC) program. The program includes a minimum cybersecurity requirement for almost all DoD… more

Cybersecurity, Data Security, Defense Sector, Department of Defense (DOD), Federal Contractors

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Julia Giordano

Purdue Does Not Bar Injunctions in Section 363 Sales, Says Recent Bankruptcy Decision

On January 24, 2025, the United States Bankruptcy Court for the Eastern District of Virginia entered an opinion denying a motion for a stay pending an appeal of a settlement motion in In re Hopeman Bros., Inc., No. 24-32428-KLP,… more

Appeals, Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy

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Jonathan Gopman

[Webinar] FinTech University: Wealth Preservation Planning Strategies - November 15th, 2:00 pm - 3:00 pm EDT

Join us for the next edition of FinTech University as we focus on wealth preservation. Experienced Nelson Mullins attorney Jonathan Gopman, along with David Warren at Bridgeford Trust Company, and Mark Sims at Captive… more

Continuing Legal Education, Financial Planning, Financial Services Industry, FinTech, Wealth Management

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Matt Gorga

From Copyright Case to AI Data Crisis: How The New York Times v. OpenAI Reshapes Companies’ Data Governance and eDiscovery Strategy

The New York Times v. OpenAI litigation has garnered significant attention as a landmark copyright dispute; however, it has rapidly evolved into a global data privacy conflict that will inform how enterprises approach AI and… more

Artificial Intelligence, Copyright Infringement, Copyright Litigation, Data Management, Data Preservation

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Jahmy Graham

No Harm, no Foul—With TransUnion v. Ramirez, the Supreme Court Holds that Article III Does not Permit a Damages Class Where Much of the Class Suffered no Injury

Or to put it in legalese—“no concrete harm, no standing.” It does not get more simple than that. On June 25, 2021, the U.S. Supreme Court decided Trans Union v. Ramirez (“Ramirez”), a case involving whether class members who… more

Article III, Class Action, Class Members, Credit Reporting Agencies, Credit Reports

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Neil Grayson

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

This is the third installment of our series evaluating the choice between starting a “new” bank through the de novo chartering process or purchasing an existing bank to implement the new business plan. Since we first wrote on… more

Banks, Financial Institutions, Financial Services Industry, National Bank Charters

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Denise Gunter

Five Predictions for Antitrust Enforcement in the Second Trump Administration

Forecasting the future is always a perilous exercise, but here's what my antitrust crystal ball tells me about antitrust enforcement in the second Trump administration… more

Antitrust Provisions, Enforcement Priorities, Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Mergers

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Jeffrey Gurney

Corporate Transparency Act Enjoined Nationwide in U.S. District Court Case

Once again, the Corporate Transparency Act (CTA) has been met with a judicial roadblock, this time being enjoined nationwide and declared “likely unconstitutional.” On Dec. 3, 2024, U.S. District Court Judge Amos L. Mazzant… more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

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Joshua Guyan

[Webinar] Brand Promotion 101: Marketing Compliance in the Digital World - April 23rd, 1:00 pm - 2:00 pm ET

Nelson Mullins invites you to join hosts John Heitmann and Joshua Guyan as they welcome Kelly Whitehart who will provide our communications, internet, and technology clients an overview of advertising and marketing issues… more

Advertising, Best Practices, Brand, Comparative Advertising, Contests & Promotions

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John Haley

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

The White House announced an $11.6 billion aid package to Puerto Rico on Sept. 18 to aid it in its recovery from Hurricane Maria, which devastated the island and its infrastructure in September 2017. The funds will be granted by… more

Disaster Aid, Electricity, Energy Sector, FEMA, Hurricane Maria

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Peter Haley

[Webinar] FinTech University: FinTech and Bankruptcy - April 4th, 2:00 pm - 3:00 pm EDT

Join us for the next edition of FinTech University as we focus on FinTech and Bankruptcy. This webinar will provide an overview of bankruptcy laws and how they affect the FinTech industry. Experienced Nelson Mullins… more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Continuing Legal Education, Financial Services Industry

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Rod Hall

EPA Announces Initial Recipients for Historic Community Change Grants Program

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

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

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C. Wells Hall, III

Nelson Mullins Tax Report – Proposed Regulations on Information Reporting for Digital Asset Sales and Exchanges

On August 29, 2023, the Internal Revenue Service (IRS) issued new proposed regulations regarding reporting obligations for parties engaged in certain digital transactions. The proposed regulations address the reporting… more

Brokers, Digital Assets, Financial Transactions, Internal Revenue Code (IRC), IRS

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Carrie Hanger

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

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

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

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Lee Hart

Free and Clear of Post-Petition Guarantor Liability—Not So Fast: A Bankruptcy Discharge May Not Apply to Post-petition Claims Arising Under Pre-petition Contracts

A somewhat common question that arises after a bankruptcy discharge is granted is whether post-petition liabilities are discharged under pre-petition agreements, like guaranties. To describe the issue in more digestible… more

Bankruptcy Code, Bankruptcy Court, Bankruptcy Discharge Order, Commercial Bankruptcy, Dischargeable Debts

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W. Carroll Hart

2025 Updates to Georgia’s Notary Laws: What You Need to Know

Starting January 1, 2025, Georgia’s notaries public must comply with new provisions enacted by House Bill 1292. The law introduces updates to the obligations of notaries, focusing on journal-keeping, identity verification, and… more

Mortgages, New Legislation, Notarization, Property Owners, Real Estate Development

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Timothy Harvey

MA SJC Upholds Forfeiture for Employee Breaching Non-Solicitation Agreement

On June 13, 2025, the Massachusetts Supreme Judicial Court (SJC) ruled in Susan Miele v. Foundation Medicine, Inc., that the Massachusetts Non-Competition Agreement Act (the “Act”) does not apply to a non-solicitation agreement… more

Contract Disputes, Employee Rights, Employment Litigation, Non-Compete Agreements, Restrictive Covenants

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Bernard Hawkins Jr.

EPA Announces Important New Assumptions on Reviewing Chemical Use Under TSCA

The Environmental Protection Agency (EPA) announced on March 29 important updates on EPA’s New Chemicals Program under the Toxic Substances Control Act (TSCA). See attached link. This announcement highlights two important areas… more

Chemicals, Environmental Protection Agency (EPA), SNUR, Toxic Chemicals, Toxic Exposure

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Andrew Heath

Senate Bill 316: An Overview for North Carolina Hospitals

Earlier this week, Senate Bill 316 (the “Bill”) was filed in the North Carolina state legislature. The Bill covers a large swathe of healthcare-related issues, and the additional regulatory elements of the Bill would likely have… more

Consumer Protection Laws, Department of Health and Human Services (HHS), Health Care Providers, Healthcare, Hospitals

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Nicholas Heckman

Florida 'Live Local Act' Provides Incentives to Build Affordable and Workforce Housing

On March 29, 2023, Governor Ron DeSantis signed Senate Bill 102, otherwise known as the Live Local Act, into law, representing the largest investment for housing efforts in Florida history. For your convenience we have… more

Affordable Housing, Construction Project, Critical Infrastructure Sectors, Florida, Housing Market

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John Heitmann

[Webinar] Post-Election First Look: How the Election May Impact Communications Service Providers - November 12th, 12:00 pm - 1:00 pm EDT

The 2024 election cycle, one of the longest and most contentious in U.S. history, will culminate Election Day on November 5. However, many aspects of the election are expected to be close and uncertainty may reign for some time… more

Broadband, Election Results, FCC, Internet, Internet Service Providers (ISPs)

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Deborah Hembree

IRS Reminder: Deadlines Extended for Retirement Plan Amendments but Compliance Still Required

On September 12, the IRS reminded plan sponsors to review and comply with IRS Notice 2024-02 (the “Notice”), which extended and consolidated deadlines for employers and others sponsoring 401(k), 403(b), 457(b) and other… more

401k, 403(b) Plans, 457(b) Plans, Benefit Plan Sponsors, Compensation & Benefits

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Adam Herring

Ninth Circuit Bankruptcy Appellate Panel Declines to Extend Bartenwerfer to Intentional Torts

This blog previously covered the Supreme Court’s decision in Bartenwerfer v. Buckley, 598 U.S. 69 (2023), which held that, under Section 523(a)(2) of the Bankruptcy Code, an individual debtor may not discharge through bankruptcy… more

Appeals, Bankruptcy Appellate Panel (BAP), Bankruptcy Code, Bartenwerfer v Buckley, Chapter 7

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Howard Hirsch

SEC Adopts New Cybersecurity Disclosure Requirements

The Securities and Exchange Commission (“SEC”) adopted the final rules (the “Final Rules”) on July 26, 2023 that will require disclosure of material cybersecurity incidents, cybersecurity risk management, strategy, and… more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Data Security

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Kelly Hogan

Metaverse Casinos: A Regulatory Wild West

A New World of Gaming - The metaverse is an immersive online universe on the blockchain where users interact with a multitude of digital worlds and with each other. As in the real world, the metaverse offers a wide variety of… more

Blockchain, Casinos, Cryptocurrency, Digital Assets, FinTech

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Michael Hollingsworth II

2021 M&A Overview and 2022 M&A Outlook

2021 M&A Deal Activity – In the past year, deal making in the middle market set a historic pace. Private Equity firms closed an estimated 8,624 deals for a combined $1.2 trillion—around a 50% increase from previous annual… more

Acquisition Agreements, Business Valuations, Corporate Sales Transactions, Merger Agreements, Private Equity

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Maurice Holloway

Nelson Mullins Tax Report – Senate Passes Inflation Reduction Act

On August 7, 2022, the Senate passed the budget reconciliation bill known as the Inflation Reduction Act. The legislation includes several key tax provisions, and addresses health insurance and prescription drug affordability,… more

Affordable Care Act, Alternative Minimum Tax, Biden Administration, Excise Tax, Investment Tax Credits

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Cassie Holt

Takeaways for Employers from SCOTUS's October 2022 Term - Part I, Groff v. DeJoy

On June 30, 2023, the United States Supreme Court ended its October 2022 term. Many of the Court’s decisions from this past term are likely to impact employers of all sizes. Accordingly, this post is the first in a limited blog… more

Civil Rights Act, De Minimus Doctrine, Employer Liability Issues, Groff v DeJoy, Reasonable Accommodation

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Will Horkan

[Webinar] Creating a Data Privacy & Security Playbook for 2024: An Overview of Compliance and Regulations, AI, and Data Breach Concerns - February 7th - 8th, 12:00 pm - 2:00 pm ET

Nelson Mullins invites you to the two-day webinar, Creating a Data Privacy & Security Playbook for 2024: An Overview of Compliance and Regulations, AI, and Data Breach Concerns, on Feb. 7 and 8 in honor of Privacy Day… more

Artificial Intelligence, Continuing Legal Education, Cybersecurity, Data Breach, Data Privacy

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Noah Huffstetler, III

Is this the Final Nail in the Coffin of Employee Non-Compete Provisions?

Non-compete provisions are facing a targeted attack from the Federal Trade Commission (“FTC”) in its latest proposed rule issued on January 5, 2023. The sweeping attack purports to supersede less-restrictive State laws and… more

Comment Period, Competition, Employment Contract, Federal Trade Commission (FTC), FTC Act

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Timothy Hurley

The Cost of An Early Payday: Lessons from Tatis Jr.'s Advance Financing Agreement

In professional sports, financial windfalls often come after years of uncertainty and risk. Fernando Tatis Jr., the San Diego Padres right fielder, provides a striking example. Early in his minor league career, he accepted a… more

Athletes, Breach of Contract, Business Litigation, Contract Disputes, Contract Terms

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Gabriel Imperato

[Hybrid Event] 2024 Value-Based Care Conference: Evolving Value-Based Strategies - November 7th, 12:00 pm - 5:30 pm ET

Nelson Mullins Healthcare Team is pleased to announce our 2024 Annual Value-Based Care Conference: Evolving Value-Based Strategies! This year’s Conference will be held in beautiful Boca Raton, Florida on November 7, and we would… more

ACOs, Continuing Legal Education, Health Care Providers, Healthcare Facilities, Specialty Healthcare

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Matthew Iverson

Department of Labor Plans to Rescind Biden’s Gig Worker Rule Making It Easier for Companies to Use Independent Contractors

On May 1, 2025, the Department of Labor’s (DOL) Wage and Hour Division announced that it will no longer enforce a Biden-era labor rule that aimed to reclassify gig workers as employees rather than independent contractors. This… more

Biden Administration, Department of Labor (DOL), Employee Rights, Enforcement Actions, Fair Labor Standards Act (FLSA)

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Mikaela Jackson

New California Whistleblower Notice Requirements for Employers

While California whistleblowers have long received protection under California law, effective January 1, 2025, California employers have new notice requirements. California employers must ensure their posting is up-to-date with… more

California, Employee Rights, Labor Code, Labor Reform, New Legislation

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Kenneth Janik

Telehealth Coverage Reinstated for HDHP/HSAs Effective April 1, 2022

The Consolidated Appropriations Act of 2022 (“2022 CAA”), which was recently signed into law, reinstates the exception that allows high deductible health plans (“HDHPs”) to waive all or a portion of participant cost-sharing for… more

Consolidated Appropriations Act (CAA), Cost-Sharing, Employee Benefits, HDHP, Health and Welfare Plans

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Jessica Jeffrey

Disparate Impact: Executive Order Restoring Equality of Opportunity and Meritocracy v. Title VII & the Courts

On April 23, 2025, President Trump signed an Executive Order (EO) titled, Restoring Equality of Opportunity and Meritocracy, which addresses disparate impact discrimination… more

Department of Justice (DOJ), Disparate Impact, Employment Discrimination, Employment Litigation, Equal Employment Opportunity Commission (EEOC)

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John Jennings

[Webinar] Regulatory Lessons Learned (Hopefully).....or Not - June 16th, 1:00 pm - 2:00 pm EDT

Please join Nelson Mullins attorneys Cory Manning and John Jennings for a webinar to review lessons learned from 2008 and other recessions to keep you, your company, and clients away from litigation down the road. This is not… more

Audits, CARES Act, Continuing Legal Education, False Claims Act (FCA), Federal Loans

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Jeffrey Johnson

Supreme Court Standardizes Burden for Majority and Minority Plaintiffs Bringing Title VII Claims

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, significantly impacting how employment discrimination claims brought by members of a majority group—such as white… more

Ames v Ohio Department of Youth Services, Anti-Discrimination Policies, Disparate Treatment, Employer Responsibilities, Employment Discrimination

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Michelle Johnson

Next Round of California Employer Deadline Alerts: Pay Reporting and Workplace Violence Prevention Plans

Fresh off this year’s Valentine’s Day deadline, employers with California workers have a new round of imminent compliance dates that require prompt attention… more

Cal-OSHA, California, Data Collection, Deadlines, Equal Pay

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Stanley Jones Jr.

Gold Dome Report - Legislative Day 40 (Sine Die) - April 2025

Like air out of a balloon, the Georgia General Assembly concluded its 2025 Legislative Session on Friday with an exasperated but exhausted "PFFFFffffT." While many lawmakers and lobbyists floated through the halls during the day… more

Appropriations Bill, Department of Education, Educational Institutions, General Assembly, Georgia

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Jeffrey Joseph

Treasury and IRS Release Guidance on Advanced Energy Project Credits, Direct Payment, and Transferability of Investment Tax Credits

The Treasury Department and Internal Revenue Service (IRS) have released Notice 2023-44 and proposed regulations to provide long-anticipated guidance on the application procedures for the Section 48C(e) credit and for the… more

Energy Projects, Energy Tax Incentives, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), Investment Tax Credits

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John Kalas

IARC Classifies Gasoline As a Human Carcinogen – Litigation May Follow

Last month, the International Agency for Research on Cancer (IARC) announced its new classification for “automotive gasoline and some oxygenated gasoline additives.” In a result that follows IARC’s previous pattern and practice… more

Automotive Industry, Cancer, Chemicals, Environmental Litigation, Hazardous Substances

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Abraham Kannof

Restructuring Commercial Real Estate Leases in the COVID-19 Era

We are currently at the forefront of an economic downturn driven by conditions that none of us have experienced in our lifetimes. Unlike the “great recession” of 2008-2012 which was triggered by a systemic financial collapse,… more

Breach of Contract, Commercial Leases, Commercial Tenants, Contract Terms, Coronavirus/COVID-19

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Hannah Kays

Medicaid Overpayment Audits: What Medical Providers Need to Know

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

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

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Mackenzie Keffalos

The Fifth Circuit Joins the Eighth and Ninth Circuits in Holding that Avoidance Actions are Estate Property that may be Sold Pursuant to Section 363 of the Bankruptcy Code

In an opinion on January 22nd, the Fifth Circuit Court of Appeals, in Matter of S. Coast Supply Co., 91 F.4th 376 (5th Cir. 2024), held that preference claims arising under 11 U.S.C. § 547 may be sold, reversing the dismissal of… more

363 Sales, Bankrtupcy Code Section 550, Bankruptcy Code, Bankruptcy Court, Chapter 11

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Jeffrey Kelly

From Copyright Case to AI Data Crisis: How The New York Times v. OpenAI Reshapes Companies’ Data Governance and eDiscovery Strategy

The New York Times v. OpenAI litigation has garnered significant attention as a landmark copyright dispute; however, it has rapidly evolved into a global data privacy conflict that will inform how enterprises approach AI and… more

Artificial Intelligence, Copyright Infringement, Copyright Litigation, Data Management, Data Preservation

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Joshua Kirschner

Fantasy Sports Operators Subject to New Massachusetts Tax

The recent passage of new emergency regulations clarifies contest operators’ responsibilities in the Commonwealth. The Massachusetts sports betting bill (“H.5164”) was signed into law in August 2022 by Governor Charlie Baker… more

Excise Tax, Fantasy Sports, FinTech, Gaming Commissions, New Regulations

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Robert Klingler

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

This is the third installment of our series evaluating the choice between starting a “new” bank through the de novo chartering process or purchasing an existing bank to implement the new business plan. Since we first wrote on… more

Banks, Financial Institutions, Financial Services Industry, National Bank Charters

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Jonathan Knicely

Increase in NSF Fee Litigation

There has been an increase in class action lawsuits against banks and credit unions related to the manner in which non-sufficient funds fees (“NSF fees”) are assessed, including two recent class actions filed in the U.S… more

Banks, Credit Unions, Fees

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Frank Knowlton

Bondholders Fail to Thwart Global Settlement Approval as Bankruptcy Estate’s Largest Creditor

As bankruptcy practitioners, we generally see proposed settlements get approved without objection. However, when objections are lodged, court involvement is necessitated. In this case, United States Bankruptcy Judge Elisabetta… more

Asset Purchase Agreements, Bankruptcy Code, Bankruptcy Court, Bondholders, Chapter 11

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Jake Kohn

Federal Regulatory Update: CMS Releases CY 2026 Advance Notice for Medicare Advantage and Part D Programs

The Centers for Medicare & Medicaid Services (CMS) has issued the Calendar Year (CY) 2026 Advance Notice, proposing updates to payment policies for Medicare Advantage (MA) and Medicare Part D Prescription Drug Programs. This… more

Centers for Medicare & Medicaid Services (CMS), Health Insurance, Healthcare, Insurance Industry, Medicare

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Erin Kolmansberger

Who is Paying Who: The Employee or the Employer?

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

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

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Jordan Koonts

Supreme Court Holds That Discriminatory Transfer Claims Under Title VII Do Not Require Proof of “Significant” Harm

Recently, the United States Supreme Court unanimously determined that under certain circumstances, an intra-company job transfer can form the basis for a discrimination claim under Title VII. This opinion alters the legal… more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Litigation

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Barry Koopmann

The Promise of Brain-Delivered Gene Therapy

Gene therapy aims to treat the underlying genetic cause of a disease rather than only the symptoms. It involves the delivery of properly functioning DNA into a patient’s genetic material to correct an underlying genetic problem… more

Biotechnology, Clinical Trials, DNA, Genetic Materials, Healthcare

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Jill Kowalski

Disparate Impact: Executive Order Restoring Equality of Opportunity and Meritocracy v. Title VII & the Courts

On April 23, 2025, President Trump signed an Executive Order (EO) titled, Restoring Equality of Opportunity and Meritocracy, which addresses disparate impact discrimination… more

Department of Justice (DOJ), Disparate Impact, Employment Discrimination, Employment Litigation, Equal Employment Opportunity Commission (EEOC)

See all updates »

D. Larry Kristinik, III

Changes (Maybe) to South Carolina Life Insurance Rescission Procedure

Changes may be on the horizon in South Carolina for the procedure for life insurers seeking to rescind policies based on material misrepresentations in the application. The South Carolina Legislature is considering adding a… more

Consumer Insurance Products, Insurance Reform, Insurance Regulations, Life Insurance, Rescission

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Jenna Lasseter

Avoiding Contract Conflicts: 5 Key AIA Provisions to Align with Loan Documents

When negotiating construction contracts, attorneys often focus on the American Institute of Architects (AIA) A201-2017 General Conditions, a widely used standard in the industry. However, construction loan agreements, drafted… more

Borrowers, Construction Contracts, Construction Disputes, Construction Loans, Contract Negotiations

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Andrew Lee

FTC and DOJ Update Guidance to Reinforce Preservation Obligations Regarding Messaging Applications and Tools

Anyone who has ever received a civil investigative demand, subpoena, second request, voluntary access letter, or other form of compulsory process from a federal antitrust regulator knows that the government’s standard definition… more

Antitrust Investigations, Antitrust Violations, Civil Investigation Demand, Department of Justice (DOJ), Electronic Communications

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Jeong-Hwa Lee

COVID-19 Impacts on Immigration

U.S. Citizenship and Immigration Services continues to monitor the Coronavirus outbreak. The Nelson Mullins immigration team of attorneys has assembled some of the key developments so far… more

Coronavirus/COVID-19, Form I-9, H-1B, Immigrants, Immigration Procedures

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David Leon

Florida 'Live Local Act' Provides Incentives to Build Affordable and Workforce Housing

On March 29, 2023, Governor Ron DeSantis signed Senate Bill 102, otherwise known as the Live Local Act, into law, representing the largest investment for housing efforts in Florida history. For your convenience we have… more

Affordable Housing, Construction Project, Critical Infrastructure Sectors, Florida, Housing Market

See all updates »

Matthew Lerner

Dead Canary in the LBRY - Federal Judge Grants SEC’s Motion, Rules Digital Asset Is a Security

In a case watched by companies that offered and sold digital assets Federal District Court Judge Paul Barbadoro recently granted summary judgment for the Securities and Exchange Commission (“SEC”) against LBRY, Inc. This case is… more

Cryptocurrency, Digital Assets, FinTech, Howey, Investment Contract

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Rebecca Lester

[Event] Women in FinTech (“WinFin2022”) - March 31st, Miami, FL

Join Nelson Mullins’s Women in FinTech (“WinFin”) Group for the inaugural WinFin Conference. The panel of nationally recognized thought leaders will share insights on FinTech’s global development. As we celebrate Women's History… more

Banking Sector, Blockchain, Cryptocurrency, Digital Assets, Digital Currency

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Benjamin Lichtman

5th Circuit Rejects Request from United Airlines Employees to Block Company’s COVID-19 Vaccine Mandate

In a decision from the New Orleans-based Fifth Circuit, in a bid to block the company’s COVID-19 vaccine mandate, a divided court rejected an emergency request for an injunction from United Airlines employees. The request came… more

Coronavirus/COVID-19, Employer Mandates, United Airlines, Vaccinations

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Matthew Lindenbaum

No Soup for You - SEC Commissioners Revoke Authority of Director of Enforcement to Launch Investigations

In a famous Seinfeld episode, a master soup maker had strict rules for ordering his delicious confections. A violation of his rules, resulted in “No soup for you!”… more

Administrative Procedure Act, Cryptocurrency, Enforcement Actions, FinTech, Regulatory Oversight

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Robert Lindholm

“Free your mind!” — Understanding the CFTC’s New Mitigation Credit Matrix

The Commodity Futures Trading Commission (CFTC) recently issued a significant Enforcement Advisory detailing how companies and individuals can earn Mitigation Credit… more

CFTC, Civil Monetary Penalty, Compliance, Enforcement, Financial Regulatory Reform

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Andrew Litvak

Restructuring Commercial Real Estate Leases in the COVID-19 Era

We are currently at the forefront of an economic downturn driven by conditions that none of us have experienced in our lifetimes. Unlike the “great recession” of 2008-2012 which was triggered by a systemic financial collapse,… more

Breach of Contract, Commercial Leases, Commercial Tenants, Contract Terms, Coronavirus/COVID-19

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Kaylen Loflin

Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act Provides Additional Funding to Small Businesses Under the Paycheck Protection Program

In response to the continued market disruption and economic impact of the COVID-19 pandemic, Congress passed the Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act, or the Act, on December 21, 2020 as a part of… more

Borrowers, Coronavirus/COVID-19, Loans, Nonprofits, Paycheck Protection Program (PPP)

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Kraig Long

Maryland Federal Court Enjoins Implementation and Enforcement of Two Trump Executive Orders Directed at DEI

On February 20, 2024, a Federal District Court in Baltimore preliminarily stopped the Trump DEI Executive Orders from going into effect until further legal proceedings occur. This abrupt halt of the Executive Orders will create… more

Constitutional Challenges, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Executive Orders, False Claims Act (FCA)

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Carlos Loumiet

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

The White House announced an $11.6 billion aid package to Puerto Rico on Sept. 18 to aid it in its recovery from Hurricane Maria, which devastated the island and its infrastructure in September 2017. The funds will be granted by… more

Disaster Aid, Electricity, Energy Sector, FEMA, Hurricane Maria

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Russell Love

Alert from Nelson Mullins' Private Wealth Services Group

The COVID-19 outbreak has changed the world in unprecedented ways. Now more than ever, it is important to make sure that you and your loved ones have a complete estate plan in place… more

Estate Planning, Living Will, Power of Attorney, Trusts, Wills

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Cara Ludwig

CMS Issues Interim Rule in Response to State Medicaid Disenrollment Trend

When the COVID-19 Public Health Emergency (PHE) ended in April 2023, the Families First Coronavirus Response Act’s Medicaid continuous enrollment condition also came to an end. The condition had allowed states to claim a… more

Centers for Medicare & Medicaid Services (CMS), Comment Period, Consolidated Appropriations Act (CAA), Enrollment, FMAP

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Daniel Lumm

Get to Know the Global Privacy Control (GPC): State Attorneys General Remind Consumers of Their Right to Opt-Out of the Sale or Sharing of Personal Information

Introduction - Most businesses are aware of historical restrictions or limitations on selling personal information to third parties for monetary consideration… more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Data Privacy, Data Protection, Opt-Outs

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Scott MacLatchie

Bondholders Fail to Thwart Global Settlement Approval as Bankruptcy Estate’s Largest Creditor

As bankruptcy practitioners, we generally see proposed settlements get approved without objection. However, when objections are lodged, court involvement is necessitated. In this case, United States Bankruptcy Judge Elisabetta… more

Asset Purchase Agreements, Bankruptcy Code, Bankruptcy Court, Bondholders, Chapter 11

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John MacMaster

Tax Provisions of the Coronavirus Aid, Relief, and Economic Security Act

Following nearly a week of intense negotiations, the Senate passed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act” or the “Act”) on March 25, and the House passed the Act and the President signed the Act… more

401k, CARES Act, Charitable Donations, Coronavirus/COVID-19, Federal Taxes

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Cory Manning

[Webinar] Regulatory Lessons Learned (Hopefully).....or Not - June 16th, 1:00 pm - 2:00 pm EDT

Please join Nelson Mullins attorneys Cory Manning and John Jennings for a webinar to review lessons learned from 2008 and other recessions to keep you, your company, and clients away from litigation down the road. This is not… more

Audits, CARES Act, Continuing Legal Education, False Claims Act (FCA), Federal Loans

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Patricia Markus

Bipartisan House Task Force Report Outlines Key Areas of AI Focus for Health Care

As the New Year begins, questions surrounding how recent election results will impact technology regulation across industries loom large. It’s hardly a bold prediction that artificial intelligence (“AI”) and the regulation… more

Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Data Privacy, Data Protection, Department of Health and Human Services (HHS)

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Adam Marshall

SEC Issues New C&DIs Regarding Form 10-K “Clawback” Checkboxes

The U.S. Securities and Exchange Commission’s (SEC) Division of Corporation Finance recently released updates to several Compliance & Disclosure Interpretations (C&DIs) related to the SEC’s recently adopted rules directing… more

C&DIs, Clawbacks, Corporate Governance, Financial Reporting, Form 10-K

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Michael Marshall

Florida 'Live Local Act' Provides Incentives to Build Affordable and Workforce Housing

On March 29, 2023, Governor Ron DeSantis signed Senate Bill 102, otherwise known as the Live Local Act, into law, representing the largest investment for housing efforts in Florida history. For your convenience we have… more

Affordable Housing, Construction Project, Critical Infrastructure Sectors, Florida, Housing Market

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Shane Martin

Commercial Leases and COVID-19: Key Considerations for Landlords and Tenants

The COVID-19 pandemic has wreaked havoc on industries across the globe. Emergency and shelter-in-place orders designed to slow or stop its spread have disrupted peoples’ lives and livelihoods. Non-essential businesses across the… more

Commercial Leases, Coronavirus/COVID-19, Eviction, Landlords, Rent

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Emily McClendon

Avoiding Contract Conflicts: Five Key AIA Provisions to Align with Lease Agreements

This article continues a series offering practical guidance to developers, owners, and project teams on how to proactively harmonize American Institute of Architects (AIA) construction documents with the broader contractual… more

Commercial Leases, Construction Contracts, Construction Project, Contract Disputes, Contract Negotiations

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Rebekah McCorvey

Supreme Court’s Pro-LGBTQ Ruling: What It Means and Related Legislative Solutions

In Bostock v. Clayton County, Ga., the U.S. Supreme Court (SCOTUS) changed the face of LGBTQ civil rights across the country. The landmark 6-3 decision confirms that Title VII of the 1964 Civil Rights Act prohibits employment… more

Altitude Express Inc v Zarda, Bostock v Clayton County Georgia, Civil Rights Act, EEOC v RG & GR Harris Funeral Homes, Employer Liability Issues

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Adam McCoy

SEC Adopts Its New Private Funds Adviser Rules - Final Rules Create New Requirements for Private Fund Advisers

The U.S. Securities and Exchange Commission (the “SEC”) adopted and published its Final Rule Release IA-6383 under the Investment Advisers Act of 1940 (the “Advisers Act”) on August 23, 2023. These rules (the “Final Rules”) are… more

Final Rules, Financial Services Industry, Investment, Investment Adviser, Investment Advisers Act of 1940

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Wesley McCulloch

Health Care Companies Face Financial Strain from Data Breaches

The intersection of health and bankruptcy law could not be more pronounced in the event of a cataclysmic event. A cyberattack is such an event. Following the cyberattack on Colonial Pipeline, which led to a multiday shutdown of… more

Cyber Attacks, Cybersecurity, Data Breach, Electronic Medical Records, Electronic Protected Health Information (ePHI)

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Marianna McDevitt

Who is Paying Who: The Employee or the Employer?

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

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

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John McElwaine

Key Policy Work for Intellectual Property Owners at ICANN81

Virtual and in-person attendees at the upcoming ICANN81 Annual General Meeting in Istanbul, Türkiye can look forward to a busy and engaging event from Nov. 9-14… more

Domain Name Registration, Domain Names, gTLD, ICANN, Information Technology

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Brittany McIntosh

Learning Hertz – Best Practices for Public Corporations Implementing or Updating Clawback Policies

As public corporations adopt clawback policies for incentive payments before the December 1, 2023 deadline in adherence to the NASDAQ and NYSE listing requirements following implementation of SEC Rule 10D-1, a recent Federal… more

Clawbacks, Corporate Counsel, Corporate Governance, Executive Compensation, Hertz

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Rusty Melges

CFPB’s Administrative Changes to Enforcement Raise Industry Concerns

Consumer finance industry groups are sounding an alarm about what they see as a power grab at the Consumer Financial Protection Bureau (the “CFPB”) that risks exacerbating the agency's advantage in its in-house enforcement… more

Adjudicatory Process, Administrative Proceedings, Consumer Financial Protection Bureau (CFPB), Dodd-Frank, Enforcement Actions

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Melissa Scott

Medicaid Overpayment Audits: What Medical Providers Need to Know

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

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

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Debra McGuire Mercer

FCC CPNI Certification and Privacy Rules Update

Dear Clients and Friends, As a reminder, telecommunications carriers and interconnected Voice over Internet Protocol (VoIP) providers are obligated to file their annual certification documenting compliance with the Customer… more

Broadband, Consumer Information, Customer Proprietary Network Information (CPNI), Data Privacy, Data Security

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Heather Miller

[Hybrid Event] 2024 Value-Based Care Conference: Evolving Value-Based Strategies - November 7th, 12:00 pm - 5:30 pm ET

Nelson Mullins Healthcare Team is pleased to announce our 2024 Annual Value-Based Care Conference: Evolving Value-Based Strategies! This year’s Conference will be held in beautiful Boca Raton, Florida on November 7, and we would… more

ACOs, Continuing Legal Education, Health Care Providers, Healthcare Facilities, Specialty Healthcare

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Mark Miller

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

This is the third installment of our series evaluating the choice between starting a “new” bank through the de novo chartering process or purchasing an existing bank to implement the new business plan. Since we first wrote on… more

Banks, Financial Institutions, Financial Services Industry, National Bank Charters

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Graham Mitchell

Bankruptcy and Baseball: An Uncertain Media Landscape

April is synonymous with so many things – spring flowers, the Masters Tournament in Augusta, Georgia, and of course, the return of America’s pastime, Major League Baseball (MLB). However, MLB fans of several teams are likely… more

Baseball, Broadcasting, Chapter 11, Commercial Bankruptcy, Creditors

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Elizabeth Scott Moïse

THE SCRIVENER - Accent on Writing: Diacritics

My mother was a French teacher, and after I made a “C” in my French class in the seventh grade, thus thoroughly embarrassing the family (well, only Momma was embarrassed, but she was embarrassed enough for the whole family), she… more

Client Services, Contract Drafting, Contract Formation, Legal Project Management, Legal Writing

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Marielle Montecillo

Department of Defense Issues New Government Contractor Cybersecurity Rules

The United States Department of Defense (DoD) finalized a new rule implementing the Cybersecurity Maturity Model Certification (CMMC) program. The program includes a minimum cybersecurity requirement for almost all DoD… more

Cybersecurity, Data Security, Defense Sector, Department of Defense (DOD), Federal Contractors

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Brad Moody

[Webinar] Creating a Data Privacy & Security Playbook for 2024: An Overview of Compliance and Regulations, AI, and Data Breach Concerns - February 7th - 8th, 12:00 pm - 2:00 pm ET

Nelson Mullins invites you to the two-day webinar, Creating a Data Privacy & Security Playbook for 2024: An Overview of Compliance and Regulations, AI, and Data Breach Concerns, on Feb. 7 and 8 in honor of Privacy Day… more

Artificial Intelligence, Continuing Legal Education, Cybersecurity, Data Breach, Data Privacy

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Brian Moore

Massachusetts Legislature Passes Legislation Allowing Use of Virtual Notarization During COVID-19 Pandemic

After some delay, on April 23, 2020, the Massachusetts Senate and House passed emergency legislation that allows for notaries public to use electronic videoconferencing to perform acknowledgements, affirmations, and other… more

Electronic Notarization Standard, Governor Baker, Notarization, Public Notaries, Videoconference

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Thomas Moran

[Hybrid Event] 2024 Value-Based Care Conference: Evolving Value-Based Strategies - November 7th, 12:00 pm - 5:30 pm ET

Nelson Mullins Healthcare Team is pleased to announce our 2024 Annual Value-Based Care Conference: Evolving Value-Based Strategies! This year’s Conference will be held in beautiful Boca Raton, Florida on November 7, and we would… more

ACOs, Continuing Legal Education, Health Care Providers, Healthcare Facilities, Specialty Healthcare

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Wesley Moran

Artificial Intelligence and Product Liability Law: Predicting Liability Risks Based on the Existing Regulatory and Legal Framework

U.S. Food and Drug Administration-approved artificial intelligence-based algorithms are rapidly growing in number. These algorithms are, for the most part, designed to help healthcare providers implement existing workflows more… more

Artificial Intelligence, Food and Drug Administration (FDA), Health Care Providers, Liability, Manufacturers

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Phillip Mullinnix

South Carolina Sunsets Certificate of Need Law

On May 3, 2023, the South Carolina General Assembly passed S.164 which overhauled the state’s Certificate of Need (CON) law. The bill was signed by Governor McMaster on May 16, 2023 and is now in effect… more

Ambulatory Surgery Centers, Certificate of Need, Health Care Providers, Healthcare, Healthcare Facilities

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Joe Murphy

Washington’s Mini WARN Act Expands Business Closing and Mass Layoff Notice Requirements

On May 13, 2025, Washington Governor Bob Ferguson signed into law a state mini-WARN Act called the “Securing Timely Notification and Benefits for Laid-Off Employees Act” (“WA-WARN Act”). Effective July 27, 2025, employers in… more

Employee Benefits, Employee Rights, Employer Liability Issues, Employer Responsibilities, Hiring & Firing

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Ann Murray

Maryland Federal Court Enjoins Implementation and Enforcement of Two Trump Executive Orders Directed at DEI

On February 20, 2024, a Federal District Court in Baltimore preliminarily stopped the Trump DEI Executive Orders from going into effect until further legal proceedings occur. This abrupt halt of the Executive Orders will create… more

Constitutional Challenges, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Executive Orders, False Claims Act (FCA)

See all updates »

Josh Myers

The Fourth Circuit Disavows Generalized, Overinclusive, and Overly Broad Classes and Class Definitions

On December 17, 2024, the United States Court of Appeals for the Fourth Circuit handed down its published opinion in Stafford v. Bojangles’ Restaurants, Inc., 2024 WL 5131108 (4th Cir. 2024). In a rare move, the Fourth Circuit… more

Appeals, Class Action, Class Certification, Employees, Employment Litigation

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Lauren Nations

New Year Brings Extension of California’s Ban on Non-Competes

On Sept. 1, 2023, California enacted a new law (SB 699, to be codified at Cal. Bus. & Prof. Code sec. 16600.5) reiterating its non-compete ban contained in Section 16600 that is effective Jan. 1, 2024. New Section 16600.5… more

Competition, Confidential Information, Contract Terms, Employer Liability Issues, Employment Contract

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Craig Nazzaro

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

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

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

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Edgar Neely, IV

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

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

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

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Brandon Neuman

Hardly Child’s Play: North Carolina Joins the Growing Number of States With a FinTech Regulatory Sandbox.

The rapid development of new technology impacts every industry, but regulators are paying significant attention to the current disruption of the financial services and FinTech industry. This is particularly true in the crypto… more

Financial Services Industry, FinTech, Innovative Technology, Sandbox

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Daniel Newman

No Soup for You - SEC Commissioners Revoke Authority of Director of Enforcement to Launch Investigations

In a famous Seinfeld episode, a master soup maker had strict rules for ordering his delicious confections. A violation of his rules, resulted in “No soup for you!”… more

Administrative Procedure Act, Cryptocurrency, Enforcement Actions, FinTech, Regulatory Oversight

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Richard North Jr.

PLAC MDL Task Force Comment Letter to MDL Subcommittee of the Advisory Committee on Civil Rules

As an organization representing many target defendants in mass tort MDLs, including some of the largest MDLs on the federal docket, the Product Liability Advisory Council is uniquely positioned to serve as a voice for the… more

Class Action, Defense Strategies, Healthcare, Joint Task Force, Life Sciences

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Daniel Nunn Jr.

SEC Modernizes Regulation S-K Disclosure Requirements

On August 26th, the Securities and Exchange Commission (SEC) adopted amendments to Item 101 (Description of Business), Item 103 (Legal Proceedings), and Item 105 (Risk Factors) of Regulation S-K as part of its overall initiative… more

Disclosure Requirements, Investors, Public Comment, Regulation S-K, Risk Factors

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Funmi Osinubi

Delaware’s Duty of Oversight Applies to Corporate Officers

In a recent decision, the Delaware Court of Chancery determined for the first time that corporate officers owe a duty of oversight under Delaware Law. The case, In re McDonald’s Corporation Stockholder Derivative Litigation,… more

Board of Directors, Breach of Duty, Caremark claim, Corporate Culture, Corporate Officers

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Lawrence Ostema

Treasury and IRS Release Guidance on Advanced Energy Project Credits, Direct Payment, and Transferability of Investment Tax Credits

The Treasury Department and Internal Revenue Service (IRS) have released Notice 2023-44 and proposed regulations to provide long-anticipated guidance on the application procedures for the Section 48C(e) credit and for the… more

Energy Projects, Energy Tax Incentives, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), Investment Tax Credits

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Richard Otera

New Paid Leave Requirements for Employees Working from Home in the City of Los Angeles

In the past few weeks, employers across the country have made staggering efforts to pivot business models and adjust to a new social, economic, and professional environment. For many employers, this now includes the need to take… more

Coronavirus/COVID-19, Employer Responsibilities, Mayor Garcetti, Paid Leave, Remote Working

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Konnor Owens

South Carolina Fetal Heartbeat and Protection from Abortion Act Passed and Immediate Legal Challenges Followed

On May 25, 2023, Governor McMaster signed Senate Bill 474, effectuating the General Assembly’s second attempt at the Fetal Heartbeat and Protection from Abortion Act (the “Act”), which generally prohibits abortion at any point… more

Abortion, Healthcare, Injunctions, Patient Access, Planned Parenthood

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Eric Paine

Potential Nitrosamine Contamination Results in Another Voluntary Pharmaceutical Recall

On March 22, 2023, at the request of the U.S. Food and Drug Administration (“FDA”), Ascend Laboratories LLC. (“Ascend”) issued a voluntary nationwide recall of certain lots of Dabigatran Etexilate Capsules, a blood thinner… more

Food & Drug Regulations, Food and Drug Administration (FDA), Healthcare, Life Sciences, Pharmaceutical Industry

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Nathaniel Pencook

Rytr or Wrong: Is the FTC’s Operation AI Comply a Prudent Defense Against Deception or an Assault on Innovation and Constitutional Free Speech?

In today’s rapidly evolving digital economy, new artificial intelligence tools promise to transform every industry. Sometimes, those promises are overblown or outright deceptive. So, as the AI hype cycle continues, regulators… more

Artificial Intelligence, Enforcement Actions, Federal Trade Commission (FTC), First Amendment, Fraud

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Jeffrey Perry

FinCEN Drops BOI Reporting for U.S. Companies, Keeps Rules for Foreign Entities

On March 21, FinCEN released a statement that echoes the U.S. Department of the Treasury’s announcement on March 2, removing all beneficial ownership reporting obligations for U.S. companies and persons under the Corporate… more

Beneficial Owner, Business Entities, Business Ownership, Corporate Transparency Act, Filing Requirements

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Nicole Phe

The Fourth Circuit’s Ruling and What it Means for Employers

On March 14, 2025, the Fourth Court of Appeals lifted the nationwide preliminary injunction issued on February 20, 2025 by a federal judge in Baltimore that temporarily halted the implementation of two of President Trump's… more

Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Employment Discrimination, Employment Litigation, Enforcement Actions

See all updates »

Colleen Pleasant Kline

FTC and DOJ Update Guidance to Reinforce Preservation Obligations Regarding Messaging Applications and Tools

Anyone who has ever received a civil investigative demand, subpoena, second request, voluntary access letter, or other form of compulsory process from a federal antitrust regulator knows that the government’s standard definition… more

Antitrust Investigations, Antitrust Violations, Civil Investigation Demand, Department of Justice (DOJ), Electronic Communications

See all updates »

Kevin Polansky

Woel v. Christiana Trust, as Trustee – Rhode Island Supreme Court Requires Strict Compliance with Paragraph 22 Notices as Condition Precedent to Valid Foreclosure

The Rhode Island Supreme Court, in a matter of first impression, recently issued a decision in which it held that the notice of default must strictly comply with the requirements set forth in paragraph 22 of the mortgage… more

Foreclosure, Mortgages, RI Supreme Court

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Eli Poliakoff

Penalty Guidelines Issued for Medicare Secondary Payer “MMSEA” Reporting

After years of review the federal government has issued proposed regulations for assessing Medicare Secondary Payer (MSP) reporting penalties… more

Health Care Providers, Medicare, Penalties

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Christopher Shaun Polston

FDA Establishes Public Docket Soliciting Comments on Nitrosamine Drug Substance-Related Impurities

The U.S. Food and Drug Administration (FDA) announced the establishment of a docket requesting public comments on the identification, assessment, and control of N-nitrosamine drug substance-related impurities (NDSRIs) in drug… more

Comment Period, Food & Drug Regulations, Food and Drug Administration (FDA), Healthcare, Life Sciences

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Jody Porter

DOJ, CFPB Warn Auto Finance Companies about Servicemember Protections

The U.S. Department of Justice (“DOJ”) and the Consumer Finance Protection Bureau (“CFPB”) issued a joint letter reminding the auto finance industry to enforce certain interest rate restrictions and other consumer protection… more

Automotive Industry, Automotive Loans, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders

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Brandon Prince

NEWMOA Releases First-of-its-kind PFAS Regional Draft Model Legislation for Public Comment

The Northeast Waste Management Officials’ Association (NEWMOA), a non-profit interstate association composed of members from environmental agencies in seven northeastern states, recently published draft model legislation that… more

Comment Period, Environmental Policies, Hazardous Substances, PFAS, Product Labels

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Raymond Prince

Poloniex, LLC Settles with the SEC

The SEC announced today that it reached a settlement with Poloniex, LLC (“Poloniex”), in connection with the SEC’s inquiry that began back in December 2017 into whether Poloniex operated an exchange under federal securities laws… more

Enforcement Actions, Securities and Exchange Commission (SEC), Settlement

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Jack Pringle

Get to Know the Global Privacy Control (GPC): State Attorneys General Remind Consumers of Their Right to Opt-Out of the Sale or Sharing of Personal Information

Introduction - Most businesses are aware of historical restrictions or limitations on selling personal information to third parties for monetary consideration… more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Data Privacy, Data Protection, Opt-Outs

See all updates »

Seth Proctor

Nelson Mullins Tax Report – Proposed Regulations on Information Reporting for Digital Asset Sales and Exchanges

On August 29, 2023, the Internal Revenue Service (IRS) issued new proposed regulations regarding reporting obligations for parties engaged in certain digital transactions. The proposed regulations address the reporting… more

Brokers, Digital Assets, Financial Transactions, Internal Revenue Code (IRC), IRS

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Michael Rafter

SEC and State Securities Administrators Release Joint Statement on Opportunity Zone Investments

On July 15, 2019, the SEC staff and the North American Securities Administrators Association (NASAA, a 50-state association of securities administrators) released a joint statement regarding the federal opportunity zone program… more

NASAA, Opportunity Zones, Qualified Opportunity Funds, Regulation D, Securities and Exchange Commission (SEC)

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Mike Rahmn

New Texas Law Enhances Executive Protections, Streamlines Disputes, and Expands Litigation Control

On May 14, 2025, Texas Governor Greg Abbott signed Senate Bill 29 (S.B. 29) into law, aiming to attract more entities to form in and relocate to Texas. The bill amends the Texas Business Organizations Code to enhance legal… more

Business Entities, Business Judgment Rule, Corporate Governance, Directors, Litigation Strategies

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Shane Ramsey

How to Navigate an Adversary Proceeding in Bankruptcy

When a bankruptcy case is filed, most disputes are addressed through motions and hearings within the main case. However, certain matters demand more formal litigation—complete with a complaint, discovery, and trial. These… more

Adversary Proceedings, Bankruptcy Court, Creditors, Debtors, Discovery

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George Ray

Gold Dome Report - Legislative Day 40 (Sine Die) - April 2025

Like air out of a balloon, the Georgia General Assembly concluded its 2025 Legislative Session on Friday with an exasperated but exhausted "PFFFFffffT." While many lawmakers and lobbyists floated through the halls during the day… more

Appropriations Bill, Department of Education, Educational Institutions, General Assembly, Georgia

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Mark Raymond

Helms-Burton Comes to Life

As has been widely reported in the world press, since May 2, 2019, Title III of the Helms-Burton Act, enacted in 1996, has been in effect. As more fully described below, this statute allows certain persons who have done… more

Blocking Statutes, Confiscated Property, Cuba, Helms-Burton Act, Sanction Suspensions

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Alexander Raytman

SEC Adopts Its New Private Funds Adviser Rules - Final Rules Create New Requirements for Private Fund Advisers

The U.S. Securities and Exchange Commission (the “SEC”) adopted and published its Final Rule Release IA-6383 under the Investment Advisers Act of 1940 (the “Advisers Act”) on August 23, 2023. These rules (the “Final Rules”) are… more

Final Rules, Financial Services Industry, Investment, Investment Adviser, Investment Advisers Act of 1940

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Malinda Reed

Texas Federal Court Strikes Down DOL’s Overtime Rule

Texas federal judge Sean D. Jordan recently blocked a new U.S. Department of Labor (DOL) Rule that would have allowed certain workers making less than $58,656 per year to automatically become eligible for overtime premium pay if… more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Highly Compensated Employees

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Kelly Reid

Concerns for Manufacturers During COVID-19 Pandemic

As the world faces the unprecedented spread of the COVID-19 virus, essential resources such as hand sanitizer, face masks, medical gowns, and ventilators are suddenly in short supply. In response to the dwindling availability of… more

Coronavirus/COVID-19, Food and Drug Administration (FDA), Manufacturers, Medical Equipment, Medical Supplies

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Jane Remillard

Notice of Waiver of Patent-Related Timing Deadlines at the USPTO under The Coronavirus Aid, Relief and Economic Security Act

On Tuesday, March 31st, the USPTO announced extensions for certain patent and trademark related documents and fees in response to the COVID-19 outbreak. The Nelson Mullins Intellectual Property Group continues to monitor on an… more

Coronavirus/COVID-19, Deadlines, Filing Deadlines, Patents, Relief Measures

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Karen Rigberg

FTC and DOJ Update Guidance to Reinforce Preservation Obligations Regarding Messaging Applications and Tools

Anyone who has ever received a civil investigative demand, subpoena, second request, voluntary access letter, or other form of compulsory process from a federal antitrust regulator knows that the government’s standard definition… more

Antitrust Investigations, Antitrust Violations, Civil Investigation Demand, Department of Justice (DOJ), Electronic Communications

See all updates »

Alyssa Riggins

Supreme Court Holds That Discriminatory Transfer Claims Under Title VII Do Not Require Proof of “Significant” Harm

Recently, the United States Supreme Court unanimously determined that under certain circumstances, an intra-company job transfer can form the basis for a discrimination claim under Title VII. This opinion alters the legal… more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Litigation

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Jay Rogers

Trump’s Latest Round of Steel and Aluminum Tariffs: This Time Around, Everyone Pays

The Big Picture On February 10, 2025, President Donald J. Trump issued a Presidential Proclamation levying tariffs of 25% on all steel and aluminum imports into the United States from any country in the world, no exceptions. In… more

Foreign Trade Zones, Global Economy, Imports, International Trade, Supply Chain

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James Rollins

No Soup for You - SEC Commissioners Revoke Authority of Director of Enforcement to Launch Investigations

In a famous Seinfeld episode, a master soup maker had strict rules for ordering his delicious confections. A violation of his rules, resulted in “No soup for you!”… more

Administrative Procedure Act, Cryptocurrency, Enforcement Actions, FinTech, Regulatory Oversight

See all updates »

Carl Rosen

Alert from Nelson Mullins' Private Wealth Services Group

The COVID-19 outbreak has changed the world in unprecedented ways. Now more than ever, it is important to make sure that you and your loved ones have a complete estate plan in place… more

Estate Planning, Living Will, Power of Attorney, Trusts, Wills

See all updates »

Ethan Rosenfeld

An Assessment of FinCEN’s Uniform Beneficial Ownership Information Reporting Rules

The U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN) issued final rules on Sept. 30, 2022, implementing Section 6403 of the Corporate Transparency Act, also called the BOI Rules… more

Banks, Beneficial Owner, Final Rules, Financial Crimes, Financial Institutions

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Sam Rosenthal

[Webinar] Reassessing Compliance in a Pandemic Environment - April 8th, 12:30 pm - 1:30 pm EDT

Join Nelson Mullins attorneys Bart Daniel, Sam Rosenthal, and Matt Austin as well as Truist's Executive Vice President of Financial Crimes Rick Small for a comprehensive guide to auditing your corporate compliance program to… more

Chief Compliance Officers, Compliance, Compliance Monitoring, Coronavirus/COVID-19, Webinars

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Paul Rothstein

Reincorporating a Delaware Entity Elsewhere: Could This Be the Next Great DExodus?

Amidst a flurry of recent reincorporations—conveniently coined “DExits”—of major corporations such as Dropbox, Tesla, and potentially Meta, Delaware’s future as a corporate safe-haven faces uncertainty. Delaware has long been… more

Business Entities, Corporate Governance, Delaware, Delaware General Corporation Law, Fiduciary Duty

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J. Brennan Ryan

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

This is the third installment of our series evaluating the choice between starting a “new” bank through the de novo chartering process or purchasing an existing bank to implement the new business plan. Since we first wrote on… more

Banks, Financial Institutions, Financial Services Industry, National Bank Charters

See all updates »

Jonah Samples

Reacting to Tyler v. Hennepin County: West Virginia Federal Court Allows Wood County Tax-Sale Challenge to Proceed

Earlier this month, the U.S. District Court for the Southern District of West Virginia declined to dismiss a Section 1983 challenge against a West Virginia County in Grady v. Wood County. This ruling comes in the wake of the… more

Constitutional Challenges, Excessive Fines Clause, Foreclosure, Property Owners, Property Tax

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Randall Saunders

Reacting to Tyler v. Hennepin County: West Virginia Federal Court Allows Wood County Tax-Sale Challenge to Proceed

Earlier this month, the U.S. District Court for the Southern District of West Virginia declined to dismiss a Section 1983 challenge against a West Virginia County in Grady v. Wood County. This ruling comes in the wake of the… more

Constitutional Challenges, Excessive Fines Clause, Foreclosure, Property Owners, Property Tax

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Peter Schoemann

Proposed Regulations Provide Guidance on 20% Deduction for Qualified Business Income

The Department of Treasury issued in August proposed regulations (REG-107892-18) (the “Proposed Regulations”) under Section 199A of the Internal Revenue Code, providing individual taxpayers with interests in certain pass-through… more

Business Income, Business Taxes, Income Taxes, Internal Revenue Code (IRC), IRS

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Wes Scott

Expanded Behavioral Health Access, Enhanced Price Transparency, and the 340B Remedy in the CY 2024 Hospital Outpatient and Ambulatory Surgical Center Final Payment Rule

The Centers for Medicare & Medicaid Services (CMS) has announced new measures to enhance access to behavioral health services for Medicare beneficiaries and improve hospital price transparency as part of the final rule for the… more

Ambulatory Surgery Centers, Centers for Medicare & Medicaid Services (CMS), Cost-Sharing, Health Care Providers, Health Insurance

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Mike Segal

[Hybrid Event] 2024 Value-Based Care Conference: Evolving Value-Based Strategies - November 7th, 12:00 pm - 5:30 pm ET

Nelson Mullins Healthcare Team is pleased to announce our 2024 Annual Value-Based Care Conference: Evolving Value-Based Strategies! This year’s Conference will be held in beautiful Boca Raton, Florida on November 7, and we would… more

ACOs, Continuing Legal Education, Health Care Providers, Healthcare Facilities, Specialty Healthcare

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Suhail Seth

UPDATE: Senate Adds $310 Billion to Payroll Protection Program – Businesses Urged to Apply ASAP

On Tuesday, April 21, 2020, the Senate approved $310 billion in additional funding for the Payroll Protection Program (the “PPP”). This increases the PPP’s original funding cap, which ran out last week. The House is expected to… more

Coronavirus/COVID-19, Paycheck Protection Program (PPP), Relief Measures

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Lily Shannon

Expanded Behavioral Health Access, Enhanced Price Transparency, and the 340B Remedy in the CY 2024 Hospital Outpatient and Ambulatory Surgical Center Final Payment Rule

The Centers for Medicare & Medicaid Services (CMS) has announced new measures to enhance access to behavioral health services for Medicare beneficiaries and improve hospital price transparency as part of the final rule for the… more

Ambulatory Surgery Centers, Centers for Medicare & Medicaid Services (CMS), Cost-Sharing, Health Care Providers, Health Insurance

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Robert Sheridan

MA SJC Upholds Forfeiture for Employee Breaching Non-Solicitation Agreement

On June 13, 2025, the Massachusetts Supreme Judicial Court (SJC) ruled in Susan Miele v. Foundation Medicine, Inc., that the Massachusetts Non-Competition Agreement Act (the “Act”) does not apply to a non-solicitation agreement… more

Contract Disputes, Employee Rights, Employment Litigation, Non-Compete Agreements, Restrictive Covenants

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Scott Sherman

From Copyright Case to AI Data Crisis: How The New York Times v. OpenAI Reshapes Companies’ Data Governance and eDiscovery Strategy

The New York Times v. OpenAI litigation has garnered significant attention as a landmark copyright dispute; however, it has rapidly evolved into a global data privacy conflict that will inform how enterprises approach AI and… more

Artificial Intelligence, Copyright Infringement, Copyright Litigation, Data Management, Data Preservation

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Woojin Shin

International Law Bulletin - Vol. 22, No. 9

INTERNATIONAL BUSINESS AND TRADE - Dispute Resolution - WTO: The U.S. filed an objection against China at the World Trade Organization (WTO) for the $7 billion worth of retaliatory levies against U.S. exports to China (34 ITR… more

CAATSA, China, Economic Sanctions, EU, Exports

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Jerome (Jay) Shuman Jr.

Increased Recordation Tax Rates and Property Taxes in Montgomery County, Maryland

On May 9, 2023, the Montgomery County, Maryland Council voted 7-4 in favor of increasing its real estate recordation tax by enacting Bill 17-23, Taxation – Recordation Tax Rates – Amendments. Councilmember Kristin Mink was the… more

Local Ordinance, Maryland, Property Tax, Real Estate Transactions, Real Estate Transfers

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Kate Skagerberg

IARC Classifies Gasoline As a Human Carcinogen – Litigation May Follow

Last month, the International Agency for Research on Cancer (IARC) announced its new classification for “automotive gasoline and some oxygenated gasoline additives.” In a result that follows IARC’s previous pattern and practice… more

Automotive Industry, Cancer, Chemicals, Environmental Litigation, Hazardous Substances

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Darren Skyles

[Hybrid Event] 2024 Value-Based Care Conference: Evolving Value-Based Strategies - November 7th, 12:00 pm - 5:30 pm ET

Nelson Mullins Healthcare Team is pleased to announce our 2024 Annual Value-Based Care Conference: Evolving Value-Based Strategies! This year’s Conference will be held in beautiful Boca Raton, Florida on November 7, and we would… more

ACOs, Continuing Legal Education, Health Care Providers, Healthcare Facilities, Specialty Healthcare

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Helen Sloat

Gold Dome Report - Legislative Day 40 (Sine Die) - April 2025

Like air out of a balloon, the Georgia General Assembly concluded its 2025 Legislative Session on Friday with an exasperated but exhausted "PFFFFffffT." While many lawmakers and lobbyists floated through the halls during the day… more

Appropriations Bill, Department of Education, Educational Institutions, General Assembly, Georgia

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Jill Gorny Sloper

IDS-Related USPTO Announcements

The USPTO recently issued two announcements related to Information Disclosure Statements. Interim Procedure for Requesting Recalculation of Patent Term Adjustment With Respect to Information Disclosure Statements Accompanied by… more

Information Disclosure Statement, Patent Examinations, Patent Term Adjustment, Patents, USPTO

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Jack Slosson

Identifying Win-Win Settlement Opportunities in the World of COVID-19

While we all try to adjust to the rapidly changing litigation environment created by the COVID-19 pandemic, corporate defendants should be aware of some unique opportunities to resolve cases that will be beneficial to both… more

Business Interruption, Coronavirus/COVID-19, Corporate Counsel, Unemployment

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Ashleigh Smaha

Debunking Data Privacy Myths

Data is a critical and invaluable asset of all companies. Data privacy and security concerns affect every company, industry, and consumer. Despite this, an astonishing amount of misinformation surrounding data privacy, security… more

Cyber Attacks, Cybersecurity, Data Breach, Data Collection, Data Privacy

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Newman Jackson Smith

Group Alleges that EPA’s COVID-19 Enforcement Policy Violates the Endangered Species Act

By notice letter dated April 21, 2020, the Center for Biological Diversity (“CBD”) notified the U.S. Environmental Protection Agency (“EPA” or “the Agency”) that the group believes EPA’s March 26, 2020 policy, “COVID-19… more

Coronavirus/COVID-19, Endangered Species Act (ESA), Environmental Protection Agency (EPA)

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B. Rush Smith III

Rehearing Recently Sought in South Carolina Appeals Court Case That May Affect the Priority of Refinance Mortgages

The South Carolina Court of Appeals rejected the replacement mortgage doctrine on Nov. 25, 2020 and held a home equity line of credit had priority over a subsequent mortgage that secured refinancing of a mortgage prior in time… more

Borrowers, Creditors, HELOC, Home Equity, Mortgages

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Deborah St. Lawrence Thompson

The Fourth Circuit Disavows Generalized, Overinclusive, and Overly Broad Classes and Class Definitions

On December 17, 2024, the United States Court of Appeals for the Fourth Circuit handed down its published opinion in Stafford v. Bojangles’ Restaurants, Inc., 2024 WL 5131108 (4th Cir. 2024). In a rare move, the Fourth Circuit… more

Appeals, Class Action, Class Certification, Employees, Employment Litigation

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Rachel Sternlieb

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

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

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

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Susan Stoffer

Telehealth Coverage Reinstated for HDHP/HSAs Effective April 1, 2022

The Consolidated Appropriations Act of 2022 (“2022 CAA”), which was recently signed into law, reinstates the exception that allows high deductible health plans (“HDHPs”) to waive all or a portion of participant cost-sharing for… more

Consolidated Appropriations Act (CAA), Cost-Sharing, Employee Benefits, HDHP, Health and Welfare Plans

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Phillip Strach

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

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

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

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E. Peter Strand

[Webinar] FinTech University: FinTech & SPACs - February 15th, 2:00 pm - 3:00 pm EST

Join Richard Levin, Jon Talcott, Andy Tucker, Peter Strand, and Kevin Tran for the next edition of the FinTech University series for a CLE on how FinTech integrates with Special Purpose Acquisition Companies (SPACs)… more

Banking Sector, Continuing Legal Education, Financial Institutions, Financial Services Industry, FinTech

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Lyndsey Stults

Woel v. Christiana Trust, as Trustee – Rhode Island Supreme Court Requires Strict Compliance with Paragraph 22 Notices as Condition Precedent to Valid Foreclosure

The Rhode Island Supreme Court, in a matter of first impression, recently issued a decision in which it held that the notice of default must strictly comply with the requirements set forth in paragraph 22 of the mortgage… more

Foreclosure, Mortgages, RI Supreme Court

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Catherine Summa

OFAC Issues Russian Oil Price Cap Alert on Evasion Techniques

The Price Cap Coalition is an international partnership of the United States, the G7, the European Union, and Australia that was established in December 2022 to limit Russia’s ability to fund its war against Ukraine through… more

Crude Oil, Economic Sanctions, Export Controls, Market Price, Office of Foreign Assets Control (OFAC)

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Jonathan Talcott

[Webinar] FinTech University: FinTech & SPACs - February 15th, 2:00 pm - 3:00 pm EST

Join Richard Levin, Jon Talcott, Andy Tucker, Peter Strand, and Kevin Tran for the next edition of the FinTech University series for a CLE on how FinTech integrates with Special Purpose Acquisition Companies (SPACs)… more

Banking Sector, Continuing Legal Education, Financial Institutions, Financial Services Industry, FinTech

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Gregory Taube

Can You Chat Your Way to Relief from Stay?

Bankruptcy lawyers recently gained access to a promising technology for improving the efficiency of tasks like drafting a motion for relief from stay. ChatGPT allows users to employ generative artificial intelligence by chatting… more

Artificial Intelligence, Bankruptcy Court, Chapter 13, Consumer Bankruptcy, Machine Learning

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Johnathan Taylor

AI and IP: What’s the Deal?

This is the second entry in a series of posts by our team about AI generative tools such as ChatGPT and related legal issues (our first was ChatGPT: The Future May Be Bright, But on What Terms?). Many people are aware of recent… more

Artificial Intelligence, Authorship, Copyright, Copyright Infringement, Copyright Litigation

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Katerina Taylor

[Event] Women in FinTech (“WinFin2022”) - March 31st, Miami, FL

Join Nelson Mullins’s Women in FinTech (“WinFin”) Group for the inaugural WinFin Conference. The panel of nationally recognized thought leaders will share insights on FinTech’s global development. As we celebrate Women's History… more

Banking Sector, Blockchain, Cryptocurrency, Digital Assets, Digital Currency

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Amanda Tecklenburg

The Importance of Carefully Drafted ACO REACH Agreements

The Centers for Medicare & Medicaid Services (“CMS”) recently announced that 124 applicants have been provisionally approved to participate in the new Accountable Care Organization Realizing Equity, Access, and Community Health… more

ACOs, Centers for Medicare & Medicaid Services (CMS), Downstream Agreements, Equity, Health Care Providers

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Frank Terzo

Crossing the “The”: The Importance of Careful Drafting for Recorded Mortgages

In Enter. Bank v. The Ingros Fam. LLC, et al., 2022 WL 2283392 (Bankr. W.D. Pa. June 23, 2022), a lender faced a potentially costly decision when it mistakenly left the word “The” from a borrower’s name. In Ingros, First… more

Bankruptcy Court, Banks, Chapter 11, Commercial Bankruptcy, Consumer Financial Products

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Lauren Timlin

Reincorporating a Delaware Entity Elsewhere: Could This Be the Next Great DExodus?

Amidst a flurry of recent reincorporations—conveniently coined “DExits”—of major corporations such as Dropbox, Tesla, and potentially Meta, Delaware’s future as a corporate safe-haven faces uncertainty. Delaware has long been… more

Business Entities, Corporate Governance, Delaware, Delaware General Corporation Law, Fiduciary Duty

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Dylan Trache

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

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

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

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Kevin Tran

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

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

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

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Raul Valero

Don’t Let Your Trade Secrets Slip Through the Cracks

WFH (“working-from-home”)? It’s the new normal. We know the coronavirus pandemic is temporary, but in a few months, when the work-at-home-quarantine is no more than a bad memory, we also may be forced to engage in damage control… more

Coronavirus/COVID-19, Intellectual Property Protection, Remote Working, Risk Mitigation, Trade Secrets

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Mark VanderBroek

Restructuring Commercial Real Estate Leases in the COVID-19 Era

We are currently at the forefront of an economic downturn driven by conditions that none of us have experienced in our lifetimes. Unlike the “great recession” of 2008-2012 which was triggered by a systemic financial collapse,… more

Breach of Contract, Commercial Leases, Commercial Tenants, Contract Terms, Coronavirus/COVID-19

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Charles Vaughn

To be or not to be a “non-Rule 10b5-1 trading arrangement” – that is the question!

A “Rule 10b5-1 plan” is intended to satisfy the affirmative defense provided in Rule 10b5-1(c), the rule that provides an affirmative defense to an allegation of having traded on the basis of material nonpublic information… more

10b5-1 Plans, Affirmative Defenses, Insider Trading, Material Nonpublic Information, Publicly-Traded Companies

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P. John Veysey

In Win for Employers, California Appellate Court Confirms Prospective Meal Period Waivers Are Legal

On April 21, 2025, the California Court of Appeals held that prospective written meal period waivers for shifts between five and six hours are lawful, rejecting the argument that meal period waivers must be signed for each… more

California, Employee Rights, Employer Responsibilities, Employment Litigation, Employment Policies

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Geoffrey Vickers

[Hybrid Event] Tech & Law (R)evolution: Cutting Edge Practices for Business Transformation and Advancement - October 20th, Nashville, TN

With technology evolving at rapid speed, it is crucial to consider its role in your organization and how these advances impact your business. During the Tech & Law (R)evolution Conference, Nelson Mullins attorneys will… more

Artificial Intelligence, Bias, Business Development, Business Opportunities, Continuing Legal Education

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Tim Wagner

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

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

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

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Janice Walker-Suchyta

How Will New Chair of Senate HELP Committee Affect the 340B Drug Program?

Senator Bill Cassidy, a Republican from Louisiana, is set to assume the chairmanship of the Senate Health, Education, Labor, and Pensions (HELP) Committee in the upcoming congressional session. This transition follows the… more

Drug Pricing, Health Care Providers, Healthcare, Healthcare Facilities, Pharmaceutical Industry

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Anita Wallace Thomas

Recent EEOC Action Updates for Employers Relating to AI Hiring Tools, Pregnancy, and Pay Reporting

On August 9, 2023, the Equal Employment Opportunity Commission’s (“EEOC”) new Commissioner, Kalpana Kotagal, was sworn in, likely bringing more employee-friendly policies with her into the role. In the past month, the EEOC has… more

Artificial Intelligence, Bias, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Federal Labor Laws

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Megan Ware-Fitzgerald

South Carolina Supreme Court Declares 2019 Tax Sale Bill Unconstitutional

The South Carolina Supreme Court issued its three-page opinion yesterday in Mercury Funding, LLC, v. Beaufort County Tax Collector Kimberly Chesney, a case involving the constitutionality of an act extending the 2019 tax sale… more

SC Supreme Court, Tax Sales

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D. Martin Warf

Supreme Court Holds Forfeiture of Tax Sale Surplus Proceeds is a Governmental Taking

“The taxpayer must render unto Caesar what is Caesar’s, but no more.” Tyler v. Hennepin County, No. 22-166, Slip Op. at 14 (May 25, 2023) - Less than a month after oral argument, the United States Supreme Court ruled… more

Class Action, Debt Collection, Eighth Amendment, Excessive Fines Clause, Fifth Amendment

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Caroline Warner

South Carolina Sunsets Certificate of Need Law

On May 3, 2023, the South Carolina General Assembly passed S.164 which overhauled the state’s Certificate of Need (CON) law. The bill was signed by Governor McMaster on May 16, 2023 and is now in effect… more

Ambulatory Surgery Centers, Certificate of Need, Health Care Providers, Healthcare, Healthcare Facilities

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Kelly Dunn Waters

SEC Modernizes Regulation S-K Disclosure Requirements

On August 26th, the Securities and Exchange Commission (SEC) adopted amendments to Item 101 (Description of Business), Item 103 (Legal Proceedings), and Item 105 (Risk Factors) of Regulation S-K as part of its overall initiative… more

Disclosure Requirements, Investors, Public Comment, Regulation S-K, Risk Factors

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Lucas Westby

Essential Businesses, Operations, and Activities Under Georgia’s Shelter in Place Order

In response to the COVID-19 outbreak, over thirty-five states have issued executive orders requiring citizens to stay home and shuttering non-essential businesses. On April 2, Georgia became the next state to take that step as… more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Operators of Essential Services, Shelter-In-Place

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Edward White

[Hybrid Event] 2024 Value-Based Care Conference: Evolving Value-Based Strategies - November 7th, 12:00 pm - 5:30 pm ET

Nelson Mullins Healthcare Team is pleased to announce our 2024 Annual Value-Based Care Conference: Evolving Value-Based Strategies! This year’s Conference will be held in beautiful Boca Raton, Florida on November 7, and we would… more

ACOs, Continuing Legal Education, Health Care Providers, Healthcare Facilities, Specialty Healthcare

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Lashania White

FDIC Reemphasizes Focus on FinTech Partnerships and Account Reconciliation

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

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

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Kelly Whitehart

[Webinar] Brand Promotion 101: Marketing Compliance in the Digital World - April 23rd, 1:00 pm - 2:00 pm ET

Nelson Mullins invites you to join hosts John Heitmann and Joshua Guyan as they welcome Kelly Whitehart who will provide our communications, internet, and technology clients an overview of advertising and marketing issues… more

Advertising, Best Practices, Brand, Comparative Advertising, Contests & Promotions

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Marc Williams

The Importance of Defending Judges

One of the things I was told by more experienced mentors when I started practicing is that I needed to “learn how to lose.” Having grown up in a family where my father was a coach, losing was anathema. “Show me a good loser and… more

Judges, Judicial Proceedings, Litigation Strategies, Trials

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Jillian Willis

Bringing Moths to the Flame: DOJ Promises Non-Prosecution to Execs for Tips to Combat Corporate Crime

Recently, the Department of Justice (DOJ) Criminal Division launched a pilot program promising “mandatory NPAs to incentivize individuals (and their counsel) to provide original and actionable information.” This most recent… more

Corporate Crimes, Corporate Governance, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ)

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John Willis

PPP Round 3: New Rules, New Money, New Challenges

This week the U.S. Small Business Administration (SBA) released updated Paycheck Protection Program (PPP) interim final rules which incorporate new requirements imposed by the Economic Aid to Hard-Hit Small Businesses,… more

Borrowers, Interim Final Rules (IFR), Lenders, Paycheck Protection Program (PPP), SBA

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Robert Wilson Jr.

CMS Releases New REH Conversion Guidance

The Centers for Medicare and Medicaid Services (“CMS”) recently released new guidance about the process for converting to a Rural Emergency Hospital (“REH”) – a new Medicaid provider type effective Jan. 1, 2023. REHs are… more

Centers for Medicare & Medicaid Services (CMS), Critical Access Hospitals, Emergency Rooms, Health Insurance, Healthcare

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Jennifer Winkler

COVID-19 Pandemic Highlights Consumer Product Safety, Compliance Issues in 3D Printing

An unprecedented demand for critical medical products in recent weeks has triggered an urgent interest in the potential of 3D printing to create personal protective equipment (PPE) and other medical devices during the COVID-19… more

3D Printing, Compliance, Consumer Product Safety Commission (CPSC), Coronavirus/COVID-19, Food and Drug Administration (FDA)

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Amanda Witt

State Privacy Enforcement Roundup: Regulators Target Privacy Notice Violations and Online Tracking Tech

State attorneys general and regulatory agencies continue to enforce against violations of comprehensive state privacy laws, as demonstrated by recent enforcement actions by the California and Connecticut Attorneys General and… more

California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Connecticut, Data Privacy, Enforcement Actions

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Timothy Wombles

OIG Finalizes Coordinated Care Revisions to the Anti-Kickback Statute and Civil Monetary Penalties Law

The United States Department of Health and Human Services’ Office of Inspector General (“OIG”), in coordination with the Centers for Medicare & Medicaid Services (“CMS”), issued a Notice of Proposed Rulemaking, “Revisions to the… more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Civil Monetary Penalty, Department of Health and Human Services (HHS), Health Care Providers

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Sean Worley

Why ‘Don’t Say Gay’ Bills are Antithetical to an Equitable and Inclusive Education

According to a 2019 GLSEN national survey of LGBTQ+ students, nearly 60% of surveyed students reported they felt unsafe at school because of their sexual orientation and 43% because of their gender expression. Within the same… more

Educational Institutions, Florida, Gay Rights, Gender Identity, LGBTQ

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Liuying (Ashley) Wu

SEC Adopts New Cybersecurity Disclosure Requirements

The Securities and Exchange Commission (“SEC”) adopted the final rules (the “Final Rules”) on July 26, 2023 that will require disclosure of material cybersecurity incidents, cybersecurity risk management, strategy, and… more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Data Security

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Roy Wyman

[Webinar] Life with Schrems – Keeping EU to U.S. Data Flowing and Avoiding Liability - September 23rd, 10:00 am - 11:00 am EDT

Nelson Mullins and KPMG Hungary are excited to present a webinar on the dangers involved in transfers of personal information from the European Union to the U.S. following the recent Schrems court decision. Partner Roy Wyman and… more

Data Privacy, Data Transfers, EU, EU-US Privacy Shield, General Data Protection Regulation (GDPR)

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David Yang

Maryland Federal Court Enjoins Implementation and Enforcement of Two Trump Executive Orders Directed at DEI

On February 20, 2024, a Federal District Court in Baltimore preliminarily stopped the Trump DEI Executive Orders from going into effect until further legal proceedings occur. This abrupt halt of the Executive Orders will create… more

Constitutional Challenges, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Executive Orders, False Claims Act (FCA)

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Elaine Yap

DOL Relaxes Certain Self-Correction Rules for Tax-Qualified Retirement Plans

On Jan. 15, 2025, the Department of Labor (DOL) published updates to its Voluntary Fiduciary Correction Program (VFCP) to allow certain delinquent participant contributions, delinquent loan repayments and improper loans to be… more

Benefit Plan Sponsors, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), EPCRS, Excise Tax

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Soren Young

If You Can’t Say Something Nice (About the SEC), Don’t Say Anything at All

The SEC’s so-called “gag rule” — which prevents a defendant settling with the SEC from denying the SEC’s allegations — has recently come under fire. Recently the Fifth Circuit heard oral arguments in the SEC v. Novinger case… more

Chevron Deference, Enforcement Actions, Financial Industry Regulatory Authority (FINRA), Gag Rule, Securities and Exchange Commission (SEC)

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Matthew Zischke

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

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

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

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