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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


Charlotte Triage Pro Bono Partnership
September 2019

Parting the Waters of Uncertainty for Private Flood Insurance
Elena Mitchell, Barbara Meeks, Neil Bloomfield
July 2019, ABA Banking Journal

MVA 2019 Annual Report
June 2019

MVA 2019 Annual Public Service Report


MVA Today an Alumni Newsletter- Spring 2019- Vol.2
June 2019

Welcome to the second edition of our MVA Today Alumni Newsletter. We hope that you enjoyed the inaugural issue and that you will find this version informative. We wanted to start off this update with a focus on diversity and inclusion.


McArthur’s Article Published by Construction Executive
B. Palmer McArthur, Jr.
April 2019, Construction Executive

Charlotte Real Estate Member Palmer McArthur's article "How to Compare Opportunity Zones and Similar Exchanges" was published by Construction Executive on April 6.


How to Combine the Strengths of Team Members
Amy Murphy Curlis
March 2019, Chief Marketer

The article discusses whether communications and marketing team members should be more specialized and how to evaluate what skills are needed. For many in the industry, these are the decades old questions about how to combine the strengths of team members, including agency support, within larger marketing and communications divisions. The questions about specialization exist for smaller groups of teams within one of these domains as well.


Myrick Quoted in Law360 on Kimberley Rice Kaestner’s Family Trust Case
Thomas (Tom) D. Myrick
March 2019, Law360

Charlotte Litigation Member Tom Myrick was quoted in the Law360 article entitled, “Trust Tells Justices Beneficiary’s Residency No Bases For Tax”, which was published March 19. The article continues coverage of North Carolina’s taxation of a trust where the settlor and trustee are in New York and the only connection to the state is that a beneficiary lived there violates the due process clause, the trust told the U.S. Supreme Court.


The Time Is Now to Prepare for Congressional Inquiries from a Democrat-led House
Neil Bloomfield, Esq., Edward O’Keefe, Esq., and Elena Mitchell, Esq.
March 2019, Westlaw Journal Bank & Lender Liability

At the start of a new year, we tend to make promises to ourselves. We often promise to address issues head-on — to be proactive instead of reactive. While most New Year’s resolutions are quickly forgotten, we urge those involved with highly regulated institutions to make and stick to at least one — to prepare for potential investigations by the House of Representatives. To paraphrase a Navy SEAL’s remarks about the piracy of a U.S. ship: We weren’t planning on that outcome, but we were prepared for it. Investigations are coming, and delaying preparation until the institution or its executives need to testify is a mistake. As is true with respect to any major project, when preparing to testify before the House it is helpful to break the process down into its component parts. We suggest thinking about three core elements: pre-hearing groundwork, providing information and documents, and crafting the narrative.


FRB and FDIC Cast a Critical Eye on Resolution Plans
Neil Bloomfield and Kate Wellman
March 2019, Banking Prespectives

While the living-will process continues to evolve, it is likely that many of the central tenets and requirements will remain in place for the foreseeable future. ON DECEMBER 20, 2018, the Federal Reserve Board (FRB) and the Federal Deposit Insurance Corporation (FDIC; together with the FRB, the Agencies) released their determinations regarding the 2018 resolution plans of four foreign banks and announced they had finalized resolution plan guidance applying to the eight U.S. global systemically important banks (G-SIBs).1


The Necessity of Evaluating Vapor Intrusion Risks during Environmental Due Diligence
Elizabeth A. Dieck, Lesley A. Firestone, and Trapper Freeman
February 2019, Association of Corporate Counsel

Vapor intrusion has emerged as an important legal, scientific, and policy issue over the last decade. With this issue’s growing importance, it is prudent for persons acquiring, leasing, or developing property to include an assessment of vapor intrusion risks into their environmental due diligence process and properly address any identified vapor condition. Property owners may face significant repercussions for the failure to identify the presence of and mitigate environmental and health risks associated with vapor intrusion. In addition to the loss of certain liability protections, landowners of contaminated properties will see a decline in property value along with a diminished use of the property. The cost of retaining knowledgeable professionals, such as an environmental lawyer and consultant, to conduct a vapor intrusion analysis during the due diligence period is a slight price to pay when considering the decreased property value and potential liability under state and federal statutes.


The Regulation of the U.S. Financial Industry Under the Trump Administration
Neil Bloomfield
January 2019, Global Banking & Finance Review

Regular Contributor to Moore & Van Allen's
MVA White Collar Defense, Investigations, and Regulatory Advice Blog
Neil T. Bloomfield
2019

Regular 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 continue to develop


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
Neil T. Bloomfield, Elena F. Mitchell
November 2018, MVA White Collar Defense, Investigations, and Regulatory Advice Blog

MVA Blog Posts


U.S. Authorities’ Campaign Against Spoofing and Related Market Manipulation Enters a Potentially New Phase with Recent Criminal and Civil Enforcement Actions
Jim McLoughlin
November 6, 2019

On September 16, 2019, the Department of Justice and the CFTC jointly announced the indictment of three precious metal traders for an alleged eight year conspiracy to manipulate gold, silver, platinum, and palladium futures prices and civil charges based upon…


MVA Monitor – Election Report
Steven
November 6, 2019

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


MVA Monitor – November 1
Steven
November 1, 2019

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


The Wait is Over: Proposed Regulations Implementing the CCPA are Released
Suzanne Gainey
November 1, 2019

By Suzanne Gainey and Tandy Mathis.  On October 10, California Attorney General Xavier Becerra announced that the long-awaited proposed regulations implementing the California Consumer Privacy Act (“CCPA”) are available for public comment.  Although the regulations are not yet final, they do provide some visibility into what the Attorney General will expect from businesses that are subject … Continue reading


MVA Monitor – October 25
Steven
October 25, 2019

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


California Consumer Privacy Act Update: AB25 and AB1355 Approved by California Governor
Karin M. McGinnis
October 16, 2019

Earlier we posted an article regarding the amendments to the California Consumer Privacy Act by AB 25 and AB1355 creating a moratorium on the application of much of the CCPA to employee personal information—subject to approval by California’s governor. Pleased to report that Governor Newsom approved both AB25 and AB1355 and therefore the moratorium will … Continue reading


MVA Monitor – October 11
Steven
October 11, 2019

The post MVA Monitor – October 11 appeared first on MVA Public Affairs.


U.S. Regulator Suggests Easing Post-Crisis Derivatives Rules
Neil Bloomfield
October 9, 2019

By Neil Bloomfield. In another sign of progress, the Federal Deposit Insurance Corporation (FDIC) proposed easing a rule that requires banks to put cash aside to safeguard derivatives trades among affiliates. The proposal would remove the current requirement for members…


Fraud As An Operational Risk For Banks
Neil Bloomfield
October 9, 2019

By Neil Bloomfield and Kristina Whittaker. Operational risk is a continuing and increasing focus of the Office of the Comptroller of the Currency, and, as a result, it needs to be a greater priority of the institutions it regulates. The…


MVA Monitor – Election Report
Steven
October 9, 2019

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


MVA Monitor – October 4
Steven
October 4, 2019

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California Consumer Privacy Act Update: California Legislature Provides Relief for Businesses Processing Employee Data
Karin M. McGinnis
October 3, 2019

The California Consumer Privacy Act (CCPA) imposes significant protections for California residents covered by the law, and significant burdens for companies required to comply with it. One area of concern is whether the CCPA applied to employee data collected by a business. The language of the CCPA was unclear but was open to the interpretation … Continue reading


MVA Monitor – September 27
Steven
September 27, 2019

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MVA Monitor – September 20
Steven
September 20, 2019

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MVA Monitor – September 13
Steven
September 13, 2019

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MVA Monitor – Election Report
Steven
September 11, 2019

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MVA Monitor – September 6
Steven
September 6, 2019

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MVA Monitor – August 30
Steven
August 30, 2019

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FHFA Removes Preferred Language Question from URLA
Nicole Schiavo
August 30, 2019

By Nicole Schiavo. Earlier this month the Federal Housing Finance Agency (FHFA) announced that it had directed Fannie Mae and Freddie Mac to make several changes to the Uniform Residential Loan Application (URLA), including the removal of a question asking…


Revised Interagency Examination Procedures for the Flood Disaster Protection Act
Neil Bloomfield
August 30, 2019

By Neil Bloomfield. The Task Force on Consumer Compliance of the Federal Financial Institutions Examination Council (FFIEC) recently published the modified interagency examination procedures for the Flood Disaster Protection Act (FDPA) designed to promote consistency and communication of supervisory expectations…


U.S. Supreme Court Limited Authority to Remove Class Actions to Original Defendants, Third-Party Counterclaim Defendants May Not Remove Even Under CAFA
Tony Lathrop
August 23, 2019

A defendant by any other name does not smell as sweet when it comes to removing class actions from state court to federal court, even under the Class Action Fairness Act of 2005 (“CAFA”). Congress passed CAFA to address perceived abuses in class action litigation and to provide an avenue for defendants to remove class … Continue reading


MVA Monitor – August 22
Steven
August 22, 2019

The post MVA Monitor – August 22 appeared first on MVA Public Affairs.


MVA Monitor – August 16
Steven
August 16, 2019

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CFPB’s ANPR Calls for the End of the GSE Patch
Nicole Schiavo
August 14, 2019

By Nicole Schiavo. Late last month the CFPB reignited debate when it issued an Advance Notice of Proposed Rulemaking (“ANPR”) stating its intention to allow the “GSE Patch” to expire in January 2021.  The GSE Patch allows what would otherwise…


Federal Reserve Discloses Plan for “FedNow” a Real Time Payment System
Neil Bloomfield
August 14, 2019

By Neil Bloomfield. The Federal Reserve Board (Federal Reserve) recently announced it will develop a “new round-the-clock real-time payment and settlement service”, named the FedNow℠Service to support faster payments in the United States.  FedNow will be a national instant payment…


MVA Monitor – August 9
Steven
August 9, 2019

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


Enhancing Transparency in the Agencies’ Approach to BSA/AML Examinations
Barbara Meeks
August 5, 2019

By Barbara Meeks and Kristina Whittaker. Last month the Financial Crimes Enforcement Network (FinCEN) and the federal bank regulators issued a Joint Statement aimed at improving transparency into their risk-focused examination and supervision of banks’ compliance with Bank Secrecy Act/Anti-money…


MVA Monitor – August 2
Steven
August 2, 2019

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


OCC Releases Bulletin on Fraud Risk Management Principles
Kristina Whittaker
August 1, 2019

In the aftermath of sales practices, the Office of the Comptroller of the Currency (OCC) recently published a bulletin on fraud risk management principles that are applicable to all federally chartered financial institutions. The bulletin supplements existing OCC and interagency…


Meeks and O’Keefe Article, “Pursuit of a Regulatory Practice Dream: The Story of 2 Powerhouse Bank GCs Uniting,” published by Corporate Counsel
Ed O'Keefe
July 31, 2019

Charlotte Financial Regulatory Advice and Response Members Barbara Meeks and Ed O’Keefe’s article titled, “Pursuit of a Regulatory Practice Dream: The Story of 2 Powerhouse Bank GCs Uniting,” was published by Corporate Counsel on July 26, 2019. In the article,…


NY Governor Signs Data Breach Security Law
Tandy Mathis
July 26, 2019

As anticipated, today New York’s governor signed into law the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act) discussed in our recap of US data breach laws enacted in the first half of 2019. The bill passed the state senate by a margin of 41 – 21. The law updates the body of … Continue reading


From “Where Were the Lawyers?” to “Where Have the Lawyers Gone?”
Ed O'Keefe
July 26, 2019

Colleagues, I hope you are enjoying your summer and have had or are planning a break. Summer breaks help us maintain a healthy balance of rest and work.   Speaking of balance, over a recent beach vacation, I had time to study…


MVA Monitor – July 26
Steven
July 26, 2019

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


WCIRA News Clips: SEC Staff Issues Statement on Preparing for Impending LIBOR Transition
Neil Bloomfield
July 22, 2019

As government authorities around the world create a constantly evolving regulatory environment, conduct overlapping investigations, and bring parallel proceedings, our goal is to serve as a leading-edge resource for companies navigating these waters. Moore & Van Allen’s WCIRA News Clips…


MVA Monitor – July 19
Steven
July 19, 2019

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MVA Monitor – July 12
Steven
July 12, 2019

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Parting the Waters of Uncertainty for Private Flood Insurance
Elena Mitchell
July 2, 2019

By Elena F. Mitchell, Barbara S. Meeks, and Neil T. Bloomfield* A final interagency rule taking effect on July 1, 2019, provides federally regulated lending institutions with eagerly awaited guidance concerning private flood insurance for improved properties located in special flood hazard…


US Data Breach and Privacy 2019 Legislative Recap
Tandy Mathis
July 1, 2019

A few weeks ago, Texas signed into law an amendment to its data breach law, capping off a busy first half of 2019 for state lawmakers in this arena.  As we gear up for the second half of 2019, we thought a recap was worthwhile.  The legislation reflects a number of trends, including increasing obligations … Continue reading


MVA Monitor – June 28
Steven
June 28, 2019

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MVA Monitor – June 21
Steven
June 21, 2019

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