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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


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
Edward P. O'Keefe

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).


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.


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.


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

Imminent Government Shutdown?
January 2018

USCIS Clarifies Position on AC21 H-1B Extensions
January 2018

Are You Ready For H-1B Cap Season?
January 2018

'Tis the season...to prepare for H-1B filing
December 2017

Are you ready to travel abroad for the holidays?
November 2017

Anti-Money Laundering and Bank Secrecy Act Update
Neil Bloomfield, Nathan White
October 2017

After the Panama Papers exposed efforts by wealthy individuals and government officials to hide funds offshore, government authorities around the world have responded with new legislation, regulations and enforcement actions that are beginning to reshape the landscape for anti-money laundering (AML) and Bank Secrecy Act (BSA) violations.


U.S. Services in Turkey and Cuba Suspended
October 2017

Don't Forget the H-1B October 1, 2017 Start Date
October 2017

Premium Processing Resumed for all H-1B Petitions
October 2017

MVA Blog Posts


Has Cy Pres Gone Too Far: U.S. Supreme Court to Consider When Class Action Plaintiffs Get Nothing, but Their Lawyers and Charities Cash-In Via Plaintiffs’ Settlement
Tony Lathrop
July 13, 2018

There has been a lot of discussion surrounding class action litigation over the course of the last several years. The U.S. Supreme Court has tackled a variety of issues ranging from the use of class action waivers in arbitration agreements to whether class action plaintiffs can base claims solely on statutory damages when they have … Continue reading


Bank Regulators Set Priorities at the Prudential Regulation Conference
Kristina Whittaker
June 20, 2018

Financial Regulatory Advice and Response Team members Neil Bloomfield, Ed O’Keefe, Tom Pennington, and Kris Whittaker attended the Prudential Regulation Conference presented by SIFMA and The Clearing House in Washington, D.C.  This year’s conference was focused on the future of prudential regulation, including the new leadership at the prudential agencies.  The conference included insights from … Continue reading


MVA Monitor – June 15
Steven
June 18, 2018

The post MVA Monitor – June 15 appeared first on MVA Public Affairs.


Mick Mulvaney’s Consumer Financial Protection Bureau
Kristina Whittaker
June 15, 2018

By Kristina Whittaker[1]. Mick Mulvaney was appointed Acting Director of the Consumer Financial Protection Bureau (Bureau) on November 25, 2017.  His term will end on June 22, 2018, unless the President nominates a Director prior to that date, in which case Mr. Mulvaney will remain as Acting Director until a new Director is confirmed.  During … Continue reading


U.S. Supreme Court Says “No” to Plaintiff Attempts to File Repetitive Class Actions After Statute of Limitations Has Run Out
Tony Lathrop
June 15, 2018

It is easy to overgeneralize the outcome of a legal dispute as pro-plaintiff or pro-defendant to paint a picture of which way a court is leaning and who is finding favor. This week, the U.S. Supreme Court issued its second class action decision in as many months that is favorable for defendant companies. No doubt … Continue reading


Is the Trump Administration Charting a New Course Away from the Duplicative Fines of the Financial Crisis?
Kristen Kenley
June 14, 2018

By Neil Bloomfield and Kristen Kenley  Double jeopardy prevents criminal defendants from being convicted of the same crime twice.  Res judicata prevents civil litigants from facing repeated claims by an overly aggressive plaintiff. Unfortunately, in the years after the financial crisis financial institutions were essentially unprotected from receiving multi-million dollar demands by multiple regulators for the … Continue reading


MVA Monitor – June 8
Steven
June 11, 2018

The post MVA Monitor – June 8 appeared first on MVA Public Affairs.


MVA Monitor – June 1
Steven
June 4, 2018

The post MVA Monitor – June 1 appeared first on MVA Public Affairs.


A Split U.S. Supreme Court Upholds Class Waivers in Individual Employment Agreements, Highlighting the Role of Congress in the Class Waiver Fight
Tony Lathrop
May 31, 2018

The viability of class waivers in employment agreements has been a closely watched battle in the courts since the National Labor Relations Board (NLRB) ruled in D. R. Horton, Inc. and Michael Cuda, Case 12–CA–25764, 357 NLRB No. 184 (2012) that class waivers in individual employment agreements violate the National Labor Relations Act (NLRA) by preventing employees … Continue reading


The Clock is Ticking for Investment Advisers to Self-Report Mutual Fund Share Class Violations
John Han
May 29, 2018

On February 12, 2018, the U.S. Securities and Exchange Commission announced an initiative to address undisclosed conflicts of interest by investment advisers in the context of mutual fund share classes. Dubbed the Share Class Selection Disclosure (“SCSD”) Initiative, the program encourages investment advisers to self-report potential violations by June 12, 2018, in exchange for favorable … Continue reading


MVA Monitor – May 25
Steven
May 25, 2018

The post MVA Monitor – May 25 appeared first on MVA Public Affairs.


MVA Monitor – May 18
Steven
May 21, 2018

The post MVA Monitor – May 18 appeared first on MVA Public Affairs.


Inside Development of the CLTUDO: Casting a New Vision for Charlotte
Tony Lathrop
May 18, 2018

INSIDE DEVELOPMENT OF THE CLTUDO: CASTING A NEW VISION FOR CHARLOTTE (May 18, 2018) – The Charlotte Mecklenburg Planning Department and the Charlotte Unified Development Ordinance (CLTUDO) Advisory Board have continued the meticulous work of transforming the City’s old zoning and land use ordinances into one unified ordinance, while making efforts to engage with stakeholders … Continue reading


MVA Monitor – Primary Election Report
Steven
May 9, 2018

The post MVA Monitor – Primary Election Report appeared first on MVA Public Affairs.


The Doors of State Courthouses Remain Open to Class Action Plaintiffs with Federal Securities Act of 1933 Claims Related to Offerings of Securities
Tony Lathrop
April 28, 2018

In 2017, federal securities class actions were filed at a rapid clip, averaging more than one per day – a level not seen in nearly 20 years according to survey data. It was the third year of growth and a 44% increase over 2016. Only a small subset (25 or 5.7%) of the record-setting 432 … Continue reading


What’s next for Facebook?
Leslie Pedernales
April 24, 2018

Now that the cameras have gone, the booster cushion has been removed from the witness chair, and Mark Zuckerberg is comfortably back in in Palo Alto, having survived his marathon two-days of testimony in front of a somewhat confused Congress, what’s next?  Regulations   Following the revelations that a political marketing firm, Cambridge Analytica, improperly obtained … Continue reading


Comptroller Otting’s Priorities – Good News for Bankers and the Economy
Kristina Whittaker
April 11, 2018

In a series of interviews, speeches and other public releases, OCC Comptroller Joseph Otting has set out a number of priorities, some substantive, some related to how the agency operates.  It is clear that Mr. Otting intends to roll back or “modernize” regulations that have been viewed as burdensome or ineffective by the financial industry.  … Continue reading


Transitioning Away from LIBOR: What Is Coming and What Can We Do Now?
Neil Bloomfield
April 11, 2018

By Neil Bloomfield and Elena Mitchell.  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 fallback language should be included in contracts in the interim, and how transition risks can be managed.  I was fortunate enough to participate … Continue reading


SEC Releases Interpretive Guidance on Cybersecurity Risk and Incident Disclosures
Lindsey Frye
April 11, 2018

On Feb. 22, 2018, the Securities and Exchange Commission (SEC) issued its first interpretive guidance since October 2011 on public companies’ cybersecurity risk and incident disclosure obligations. Although public companies are not subject to an express obligation to disclose data security threats under federal law or SEC regulations, the latest guidance confirms that “companies nonetheless … Continue reading


PRESENTATION AT SIFMA C&L ANNUAL SEMINAR
Neil Bloomfield
April 2, 2018

Neil Bloomfield presented at the SIFMA C&L Annual Seminar on March 20th.  Mr. Bloomfield provided the outside counsel perspective on managing large scale litigation and investigations.  The panel focused on incorporating project management techniques from business into the practice of law and innovations in technology and processes that can make the practice more efficient and effective. Mr. … Continue reading


Cybersecurity Enforcement and Regulation—2017 In Review
Neil Bloomfield
March 28, 2018

By Neil Bloomfield and Lindsey Frye.  The legal and regulatory landscape continues to evolve in an effort to meet the pervasive and destructive effects of cyber attacks.  2017 brought a substantial increase in the number of attacks and the severity of the breaches.  Hacking victims disclosed former breaches to be more serious than originally reported, … Continue reading


The CLOUD Act – Congress Passes New Bill Which Will Impact Access To Cross-Border Data
Tandy Mathis
March 28, 2018

This post originally appeared on the Moore & Van Allen DataPoints Blog. By Tandy Mathis. On Friday, March 23, 2018, Congress passed a 2,232 page omnibus spending bill. Included in the bill was a bipartisan act known as the “Clarifying Lawful Overseas Use of Data Act” or CLOUD Act, which will allow United States law enforcement to … Continue reading


The CLOUD Act – Congress Passes New Bill Which Will Impact Access To Cross-Border Data
Data Points
March 27, 2018

By Tandy Mathis On Friday, March 23, 2018, Congress passed a 2,232 page omnibus spending bill. Included in the bill was a bipartisan act known as the “Clarifying Lawful Overseas Use of Data Act” or CLOUD Act, which will allow United States law enforcement to access the data stored abroad for U.S. citizens and will … Continue reading


The New Direction of CLTUDO Development
Tony Lathrop
March 23, 2018

THE NEW DIRECTION OF CLTUDO DEVELOPMENT (March 23, 2018): The Charlotte-Mecklenburg Planning Department welcomed its new Director, Taiwo Jaiyeoba, in January 2018 and with him a new direction for facilitating the development of the Charlotte Unified Development Ordinance (CLTUDO). Under Director Jaiyeoba, the Advisory Committee will take a new direction to acknowledge the diverse interests … Continue reading


North Carolina Security Breach Report 2017
Data Points
March 20, 2018

By Nathan White According to the recently released North Carolina Attorney General Security Breach Report, nearly 5,337,154 North Carolinians were impacted by security breaches in 2017.  The Report highlights several trends data protection specialists and North Carolina businesses should take into consideration. The report breaks down 1,022 data breaches occurring in North Carolina during calendar … Continue reading


Charlotte is Moving on Transit-Oriented Development
Tony Lathrop
March 12, 2018

CHARLOTTE IS MOVING ON TRANSIT-ORIENTED DEVELOPMENT (March 12, 2018): Charlotte, North Carolina is set to adopt zoning ordinance revisions to create new transit-oriented development (TOD) districts this summer. What is TOD and what does it mean for Cha...


Bloomfield and O’Keefe Coordinate Panel with Regulatory and Industry Leaders on the LIBOR Transition
Neil Bloomfield
March 7, 2018

Neil Bloomfield and Ed O’Keefe are coordinating a panel titled “LIBOR and the Potential Replacement Reference Rates: Where Do We Go from Here?” for the UNC Banking Institute on March 22 at the Ritz-Carlton in Charlotte, NC. Speakers on the panel include Ann Battle of the International Swaps and Derivatives Association, Inc., David Bloom of … Continue reading


O’Keefe to Present at 2018 Financial Markets Association Conference
Ed O'Keefe
March 7, 2018

Charlotte Litigation Member Ed O’Keefe will be presenting at the 2018 Financial Markets Association Conference on April 18. His presentation will discuss key legislative and regulatory initiatives affecting financial services companies, the rulemaking agenda for the SEC and the CFTC, and regulatory burden relief initiatives undertaken by the banking agencies to date. For additional information … Continue reading


Moore & Van Allen welcomes former OCC Deputy Comptroller Kristina B. Whittaker to Financial Regulatory Advice and Response team
Ed O'Keefe
March 2, 2018

Moore & Van Allen PLLC is pleased to announce that Kristina (“Kris”) B. Whittaker, former Deputy Comptroller for Special Supervision in the Office of the Comptroller of the Currency (OCC), has joined the firm’s Charlotte office as Counsel. Whittaker will practice on Moore and Van Allen’s growing Financial Regulatory Advice and Response team. * “Kris’ valuable experience and longstanding esteem … Continue reading


Two Proposed Data Security Laws Reflect National Trend Toward Affirmative Responsibilities
Karin M. McGinnis
February 6, 2018

With major consumer data breaches making headlines on a semi-regular basis, legislators around the country are starting to hold businesses more accountable for cybersecurity compliance.  Industry-specific laws such as HIPAA and the Gramm-Leach-Bliley Act (GLBA) already establish federal data security standards for some companies, and the Federal Trade Commission has taken the position that failure … Continue reading


The Next Big Thing: Will Employment Agreement Class Action Waivers Clear the U.S. Supreme Court?
Tony Lathrop
December 15, 2017

This year important questions regarding the viability of class action waivers in arbitration agreements have moved close to resolution. In July, the Consumer Financial Protection Bureau (CFPB) issued a long-awaited final rule that prohibited class waivers in arbitration agreements related to a broad range of financial products. And employees and the National Labor Relations Board … Continue reading


THE CLEARING HOUSE ANNUAL CONFERENCE (Nov. 2017)
Ed O'Keefe
December 4, 2017

THE CLEARING HOUSE ANNUAL CONFERENCE (Nov. 2017): Financial Regulatory Advice and Response Team members Ed O’Keefe and Tom Pennington, joined by Neil Bloomfield, Josh Lanning and Brian Soja attended The Clearing House’s Annual Conference in New York City, November 6-8, 2017. MVA served as a Gold Partner for the conference, sponsoring the Annual Chairman’s Reception. The … Continue reading


MVA Monitor – Election Report
Steven
November 8, 2017

The post MVA Monitor – Election Report appeared first on MVA Public Affairs.


Reversal of Fortune: Congress Strikes Down CFPB Arbitration Rule Banning Class Action Waivers
Tony Lathrop
October 31, 2017

U.S. businesses have the good fortune to be on the receiving end of a favorable U.S. Senate vote nullifying the hotly-contested Consumer Financial Protection Bureau (CFPB) rule banning class action waivers in certain consumer finance arbitration agreements. The rule, issued by the agency in July 2017, took several years to finalize and was criticized for being based on … Continue reading


Electric Grid Reliability and Resiliency in the Spotlight with DOE Pricing NOPR & More
Brian Heslin
October 31, 2017

Pushing through a record hurricane season has tested the resiliency of the human spirit, as well as that of the energy infrastructure we so heavily rely upon. In the last month, we have seen efforts on multiple fronts with a focus on ensuring the reliability and resiliency of the nation’s electric grid. In mid-September, the … Continue reading


MVA Monitor – Election Report
Steven
September 16, 2017

The post MVA Monitor – Election Report appeared first on MVA Public Affairs.


MVA Monitor – 2017 Legislative Session Review
Steven
September 15, 2017

The post MVA Monitor – 2017 Legislative Session Review appeared first on MVA Public Affairs.


MVA Monitor – June 30
Steven
September 15, 2017

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MVA Monitor – June 23
Steven
September 15, 2017

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MVA Monitor – June 16
Steven
September 15, 2017

The post MVA Monitor – June 16 appeared first on MVA Public Affairs.


MVA Monitor – June 9
Steven
September 15, 2017

The post MVA Monitor – June 9 appeared first on MVA Public Affairs.


MVA Monitor – June 2
Steven
September 15, 2017

The post MVA Monitor – June 2 appeared first on MVA Public Affairs.


MVA Monitor – May 26
Steven
September 15, 2017

The post MVA Monitor – May 26 appeared first on MVA Public Affairs.


MVA Monitor – May 19
Steven
September 15, 2017

The post MVA Monitor – May 19 appeared first on MVA Public Affairs.