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Our attorneys are pleased to offer you leading industry knowledge on what's happening in the legal arena.  Below, you will find information on publications and articles authored by MVA attorneys, as well as practice group newsletters such as:  Employment Law News, Immigration Update and Impact IP. 

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Newsletters & Alerts

Home Repair – A Handy Lawyer’s Guide to Fixing a Damaged QPRT
Caitlin N. Horne
January 2019, Probate & Property

Charlotte Estate and Wealth Planning Associate Caitlin Horne co-authored an article that was published in the January/February 2019 Issue of Probate & Property Magazine titled “Home Repair – A Handy Lawyer’s Guide to Fixing a Damaged QPRT.”

Sonic Automotive Announces Plans to Open Newest Office Operations in Gaston County
Walter S. Price
December 2018

December 13, 2018: The Gaston County Economic Development Commission is pleased to announce that Sonic Automotive, Inc. has cho¬sen to locate its newest office operations in Lowell. Located at 109 Kenworthy Avenue in Lowell, the facility will house marketing and ad¬vanced customer care operations for Sonic Automotive, Inc. Approximately 500 jobs will be created within a five-year period with an invest¬ment of $11.2 million. Sonic Automotive, Inc., a Fortune 500 company and member of the Russell 2000 Index, is among the largest automotive retailers in the Unit- ed States. Sonic Automotive's Lowell operation will provide support of sales operations of the Sonic Automotive family. Sonic’s dealerships provide comprehensive services, including sales of both new and used vehicles, vehicle service and the ability for customers to sell used vehicles to Sonic and EchoPark Automotive stores.

Preparing for the 2019 H-1B cap season
December 2018

On April 1, 2019, USCIS will begin accepting cap subject H-1B professional worker petitions for a start date of October 1, 2019 (FY2020).

2018 North Carolina Midterm Election Report
Walter S. Price
November 2018

The nation’s political divide was reflected in last night’s Congressional elections. Republicans will maintain control of the Senate, but Democrats have gained control of the House of Representatives. In the North Carolina Legislature, Democrats picked up enough seats in the House of Representatives to break the Republican supermajority. Democrats appear to have picked up the six seats needed to do the same in the Senate, but there are a number of races too close to call.

When Someone Shows You Who They Are, Believe Them the First Time:* What a Blue Wave in the House Likely Means for Financial Institutions
Elena F. Mitchell
November 2018

Proposed Treasury Regulations Impact “Deemed Dividend” Tax Rules in Financing Transactions
Randy J. Clark, Robert (Rob) A. Fisher
November 2018

Following tax reform at the end of 2017, cash dividends from a foreign corporate subsidiary to a domestic corporate 10 percent shareholder are exempt from U.S. income tax because the shareholder is permitted a “dividends-received deduction” equal to the amount of the dividend. However, this new deduction was not expanded to cover “deemed dividends” from foreign corporate subsidiaries under Section 956 resulting from full pledges of the stock of, or guarantees by, such foreign corporate subsidiaries. As a result, loan security arrangements for U.S. borrowers that have foreign corporate subsidiaries have continued to be driven by the Section 956 “deemed dividend” rules, and credit agreements have continued to include “deemed dividend”-driven restrictions.

Family Offices: Unique Capital Allocation And Structuring Considerations
John Gilson, Thomas Cooper
November 2018

Family offices, and the investment professionals serving them, have long been participants in traditional M&A transactions. Of late, however, middle market and lower-middle market family offices are experiencing an increased migration of private equity professionals from traditional private equity funds. This migration has prompted an increased need for investment professionals (and their advisors) to consider the often-perceived sleepy legal field of trusts and estates when structuring both a family office itself and its transactions.

Lamberth, O’Keefe and Whittaker co-author article for Market Solutions
Katherine M. Lamberth, Edward P. O'Keefe, Kristina B. Whittaker
October 2018

Charlotte Litigation Associate Katherine Lamberth, Member Ed O’Keefe, and Counsel Kristina Whittaker co-authored the article titled, “Fintechs Can Now Be Banks, Too: Overview of the OCC’s Fintech Charter and Related Considerations” that was published in Market Solutions, Volume 27, Number 3.

Are you ready to travel abroad for the holidays?
October 2018

With the holiday season rapidly approaching, now is the best time for visa holders to review their travel documents and plan for renewals if necessary.

Diversity Visa ("Green card lottery") Registration Begins Next Week
September 2018

Online registration for the DV-2020 program begins on Wednesday, October 3, 2018 at 12:00 noon, Eastern Daylight Time (EDT), and concludes on Tuesday, November 6, 2018 at 12:00 noon, Eastern Standard Time (EST).Eligibility requirements and instructions for the DV Lottery can be found in the Federal Register. There is no fee to register for the program, however applicants must apply online by submitting an Electronic Diversity Visa Entry Form (E-DV Entry Form or DS-5501) at The registration via this site will open at noon EDT on Wednesday, October 3, 2018.

USCIS Increases Fee for Premium Processing
September 2018

On October 1, 2018, USCIS will implement a fee increase for their premium processing service. The new fee for premium processing will be $1,410.00, a 14.92 percent increase from the current fee of $1,225.00.

New Suspensions on H-1B Premium Processing
August 2018

USCIS announced that it will continue the current suspension of premium processing service for H-1B cap-subject petitions through an estimated date of February 19, 2019. In addition, as of September 11, 2018, USCIS will expand the suspension of premium processing services to all H-1B petitions filed at the Vermont and California Service Centers, excluding certain cap-exempt filings.

September 2018 Visa Bulletin
August 2018

In its September Visa Bulletin, U.S. Department of State (DOS) announced that the final action dates for several employment-based (EB) visa categories will significantly retrogress as of September 1, 2018. This retrogression is expected to be temporary and as of October 1, 2018 (the first month of fiscal year 2019), the final action dates are anticipated to be returned to those established for August.

Contributor to Moore & Van Allen's MVA White Collar Defense, Investigations, and Regulatory Advice Blog
Keeping clients up to date on the constantly evolving regulatory environment and serving as a thought leader as regulations and enforcement policy
John A. Fagg, Jr., Katherine M. Lamberth, Edward P. O'Keefe, Thomas A. Pennington, Brian A. Soja, Kristina B. Whittaker

Regulatory Litigation
Thompson Reuters and Association of Corporate Counsel’s Successful Partnering Between Inside and Outside Counsel
Edward P. O'Keefe

Effective partnering between inside and outside counsel enables corporate law departments to improve the quality and reduce the costs of legal services provided to corporate clients. The best-known source of expert guidance on partnering is the four-volume, 7,000-page treatise and practice guide entitled Successful Partnering Between Inside and Outside Counsel, which is a joint project of Thomson Reuters/West and the Association of Corporate Counsel (ACC).

2018 North Carolina Primary Election Report
Walter S. Price
May 2018

2018 is already shaping up to be an interesting election year. Legislative redistricting and a possible “Blue Wave” have given Democrats hopes of breaking the supermajorities in the North Carolina House of Representatives and Senate and hopes of winning a majority in one or both chambers of the North Carolina General Assembly. This election year also features a record number of women candidates matching the rise seen nationally.

Are You Ready to Travel This Summer?
May 2018

Vacation season is just around the corner. Whether you are a tourist, U.S. permanent resident, or hold a temporary visa, having the proper documentation is essential to your international travel. Discovering an expired document too late can derail your travel plans and be costly to rectify. This brief guide will help you get a jump on organizing documents such as your passport, ESTA registration, green card or nonimmigrant visa.  

How to Achieve the Mandate of Proportionality Through Phased Discovery
Charles (Chuck) R. Scarminach, Robert E. Sumner, IV
May 2018, ABA Section of Litigation Trial Practice’s Summer

Charleston Litigation Member Robert Sumner and Associate Chuck Scarminach were recently published in the ABA Section of Litigation Trial Practice’s Summer Publication. The article titled, "When Do You Need an English Translator in Civil Depositions?", discusses how to determine when you should use a translator.

H1-B Cap and Lottery Update
May 2018

USCIS has announced that it has completed all data entry of FY2019 H-1B cap-subject petitions selected in the computer-generated "lottery" process. The data entry process includes the receipt of petitions selected in the lottery.

Transitioning Away from LIBOR: What Is Coming and What Can We Do Now?
Neil T. Bloomfield, Elena F. Mitchell
May 2018, Corporate Compliance Insights

Charlotte Litigation Member Neil Bloomfield and Associate Elena Mitchell were published in Corporate Compliance Insights on May 4. The article titled “Transitioning Away from LIBOR: What Is Coming and What Can We Do Now?” discusses how the potential transition away from LIBOR has raised significant concerns in the financial markets, including whether LIBOR will end in 2021, what may replace it, what fallbacklanguage should be included in contracts in the interim, and how transition risks can be managed?

USCIS Completes H-1B Cap Lottery for FY2019
April 2018

USCIS announced today that it has completed the "H-1B Cap Lottery" to select the number of petitions necessary to meet the H-1B cap for fiscal year (FY) 2019. This year, USCIS received 190,098 H-1B petitions during the filing period, which began on April 2, 2018.

USCIS Reaches H-1B Cap for FY2019
April 2018

U.S. Citizenship and Immigration Services (CIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory caps for fiscal year 2019, which begins on October 1, 2018.

Premium Processing Suspended for Cap-Subject H-1B Petitions
March 2018

USCIS announced that it will temporarily suspend premium processing service for H-1B petitions that are subject to this year’s H-1B cap. This suspension of premium processing will not apply to non-cap subject H-1B petitions, such as petitions for extension or amendment of H-1B status.

Business Tax Planning and Fiduciary Income Tax After Tax Reform
Thomas Cooper
March 2018, Will and the Way, North Carolina Bar Association Estate Planning & Fiduciary Law Section

Environmental Due Diligence in Commercial Real Estate Transactions
Robert Kerr and Lesley Firestone
February 2018, Association of Corporate Counsel South Carolina Chapter Newsletter

All commercial real estate transactions involve some level of environmental risk, regardless of whether the property being transferred was formerly used for industrial, commercial, agricultural, or residential purposes. Accordingly, it is important for a buyer to consider conducting some level of environmental due diligence prior to purchasing real property. Environmental due diligence will allow the buyer to identify and quantify the environmental issues associated with the property.

Individual Estate and Tax Planning After Tax Reform
Thomas Cooper, Mark Horn
February 2018

In what has been heralded by one side of the political aisle as an extraordinary opportunity to fix a broken tax system and criticized by the other as a hastened effort that only added to its complexity and the benefits provided to special interest groups, Congress passed what is informally known as The Tax Cuts and Jobs Act (the “Act”) on Dec. 20, 2017, and the President officially made it the most impactful tax legislation reforming the Internal Revenue Code (the “Code” or “IRC”) enacted in over 30 years on Dec. 22, 2017.

Servicing Borrowers with Limited English Proficiency
Katherine M. Lamberth
February 2018, Mortgage Compliance Magazine

Law of Astana International Financial Centre
Colby Jenkins, Saniya Perzadayeva (Unicase Law Firm)
January 2018