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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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MVA Blog Posts


FERC Conditional Approval of Natural Gas Pipeline Consistent with Clean Water Act Sequencing Requirements
Brian Heslin
June 20, 2017

In the midst of the U.S. energy boom, the expansion and modernization of the nation’s energy infrastructure has been a priority. The ramp up in shale natural gas production has spurred investments in pipeline projects, particularly in the Northeast where infrastructure failed to support the rising levels of gas production. The review and approval process … Continue reading


Companies Defending Class Actions in NC Have New Right to Appeal Class Certification
Tony Lathrop
June 4, 2017

COMPANIES DEFENDING CLASS ACTIONS IN NC HAVE NEW RIGHT TO APPEAL CLASS CERTIFICATION (June 4, 2017): The North Carolina legislature recently passed H.B. 239, over Gubernatorial veto, which gives company defendants the right to appeal trial court decisions allowing class certification directly to the North Carolina Supreme Court, securing a guaranteed avenue for early review … Continue reading


Defendant Companies Now Have the Right to Appeal North Carolina Class Certification Decisions Directly to NC Supreme Court
Tony Lathrop
June 1, 2017

The North Carolina legislature recently passed H.B. 239, over Gubernatorial veto, which gives company defendants the right to appeal trial court decisions allowing class certification directly to the North Carolina Supreme Court. This law parts from North Carolina case law precedent and eliminates the need for the NC Supreme Court to invoke its supervisory authority … Continue reading


EIB Energy Highlights: FERC Nominees to Restore Quorum, Clean Power Plan Rescission, Infrastructure Bills & More
Brian Heslin
May 31, 2017

Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy Interdependency Blog’s in-depth individual treatment of critical issues emerging in energy policy, regulation, and related litigation. EIB Energy Highlights … Continue reading


A Window View into the CLTUDO — The Vision & Anticipated Timeline
Tony Lathrop
May 22, 2017

A WINDOW VIEW INTO THE CLTUDO — THE VISION & ANTICIPATED TIMELINE (May 22, 2017): The restructuring of Charlotte’s land use policies and zoning ordinance are among the most significant planning-related projects the City has undertaken. The impact of the CLTUDO will be long-lasting and will define in many ways the future of the City. The … Continue reading


New Mexico Becomes 48th State to Enact Data Breach Statute
Karin M. McGinnis
April 24, 2017

Recently the state of New Mexico enacted the Data Breach Notification Act, making it the 48th state in the United States to enact a statute requiring notice to individuals impacted by a data breach. In doing so, New Mexico follows some trends we’ve been predicting at the state level.  These trends include covering encrypted data … Continue reading


Congressional Overhaul of Class Action Procedure Pending Senate Consideration
Tony Lathrop
April 14, 2017

As class action litigation has continued to proliferate, we have seen efforts to rein in the perceived abuses of the system on multiple fronts. Over a decade ago, Congress passed the Class Action Fairness Act of 2005 (CAFA) to provide an avenue for defendants to remove class actions filed in state courts to the more … Continue reading


The FTC’s Public Comment on the NTIA’s Draft Coordinated Vulnerability Disclosure Template Reflects Further Support for the NIST’s Cybersecurity Framework
Data Points
March 9, 2017

By Bill Butler In August 2016, the Federal Trade Commission (“FTC”) addressed the effect of the Cybersecurity Framework (“NIST Framework”) issued by the National Institute of Standards and Technology on FTC enforcement actions under Section 5 of the FTC Act.  While there have been few enforcement actions to gauge the actual impact of the NIST … Continue reading


Heslin and Sosnick to Instruct FERC Natural Gas 101 Course Hosted by EUCI Feb. 22-23
MVA Updates
February 9, 2017

HESLIN AND SOSNICK TO INSTRUCT FERC NATURAL GAS 101 COURSE HOSTED BY EUCI FEB. 22-23:  Moore & Van Allen Member Brian Heslin and Kenneth Sosnick of Concentric Energy Advisors, Inc. will instruct the FERC Natural Gas 101 course hosted by EUCI on February 22-23, 2017 in Houston, TX. Natural gas continues to play an increasing role in our nation’s burgeoning … Continue reading


EIB Energy Highlights: Dakota Access & Keystone XL Pipelines Revived, FERC on Energy Storage & Pipeline Rates & More
Brian Heslin
February 9, 2017

Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy Interdependency Blog’s in-depth individual treatment of critical issues emerging in energy policy, regulation, and related litigation. EIB Energy Highlights … Continue reading


Beck v. McDonald – 4th Circuit Weighs In on Standing in Data Breach Case
Karin M. McGinnis
February 8, 2017

We don’t see a lot of data breach litigation here in the Fourth Circuit. So it is notable that the Fourth Circuit Court of Appeals issued an opinion yesterday that weighs in on the standing debate (For more on the debate: Constitutional Standing Provides Fertile Battleground In Data Breach Litigation). In Beck v. McDonald, the plaintiffs … Continue reading


NC Disclosure-Only Class Action Settlements & Attorneys’ Fees May Face Increased Scrutiny
Tony Lathrop
February 2, 2017

NC DISCLOSURE-ONLY CLASS ACTION SETTLEMENTS & ATTORNEYS’ FEES MAY FACE INCREASED SCRUTINY: Rolling into the new year, North Carolina attorneys are on notice that the ability to gain approval of class action settlements and related attorneys’ fees may become more difficult in some cases. Read More


NC Bar on Notice: Business Court May Increase Scrutiny for Approval of Disclosure-Only Class Action Settlements & Attorneys’ Fees
Tony Lathrop
February 2, 2017

Rolling into the new year, North Carolina attorneys are on notice that the ability to gain approval of class action settlements and related attorneys’ fees may become more difficult in some cases. In recent years, we have seen more class actions challenging corporate merger transactions and settlements in which the only remedy obtained by the … Continue reading


Your Uber Driver Might Not Be the Only One Who Knows Where You Were Picked Up and Dropped Off….
Data Points
February 1, 2017

By Tandy Mathis, Elena Mitchell, and Mindy Vervais   Did you know that if you’ve taken a New York City taxi since 2009, your pick-up and drop-off locations were recorded and published (through June of 2016) on the internet for anyone to find? Now, New York City officials want ride-sharing companies like Uber and Lyft to start … Continue reading


Happy Data Privacy Day! A Few Tips from the MVA Privacy and Data Security Group
Karin M. McGinnis
January 27, 2017

Saturday January 28, 2017 is Data Privacy Day.  The Moore & Van Allen Privacy and Data Security group took a break from the pre-holiday revelries to put together some thoughts and tips for DataPoints.  So hoist a glass and enjoy this read, and try not to ponder too long the irony that Data Privacy Day … Continue reading


Live Streaming: The Privacy Concerns of Behind-the-Scenes Access
Data Points
January 25, 2017

By Leslie Pedernales A professional football team clinches their playoff spot in an upset game, then hits the locker room for a celebration and an inspirational pep talk from their winning coach.  The perfect application for livestreaming, one might think.  Opening a window into this mysterious world for all the rest of us to see and … Continue reading


Constitutional Standing Provides Fertile Battleground In Data Breach Litigation
Karin M. McGinnis
January 17, 2017

A common and understandable concern of companies that suffer a data breach is whether the victims can sue the company.  It is tempting to assume that the victims won’t sue if they do not suffer identity theft or monetary loss through misuse of the data.  Not all victims, or courts, agree.  As a result, standing, … Continue reading


Oil Pipeline Rate Regulation under Review by FERC – Is There a Place for the Consumer Voice?
Brian Heslin
January 5, 2017

Oil pipeline rates must be just and reasonable and may be challenged by their customer shippers and the Federal Energy Regulatory Commission (FERC) under the Interstate Commerce Act (ICA). FERC has observed through monitoring that some oil pipelines continue to receive rate increases under the primary process used to adjust oil pipeline rates – the … Continue reading


As Agency Enforcement Efforts Mount, CFTC Prohibits Private Lawsuits Against RTOs/ISOs for Market Manipulation
Brian Heslin
November 30, 2016

Incidents of alleged fraud and market manipulation in the energy markets increasingly have received the attention of federal agency enforcement efforts, including the Federal Energy Regulatory Commission (FERC) and the Commodity Futures Trading Commission (CFTC). Our recent post highlights FERC’s growing efforts to combat market manipulation. And on November 21, 2016, the CFTC released its … Continue reading


The FTC Faces an Embarrassing Set-Back in its Data Security Enforcement Authority as the LabMD Saga Continues
Todd Taylor
November 28, 2016

On November 10th, the Eleventh Circuit Court of Appeals handed an embarrassing defeat to the Federal Trade Commission and an early Christmas present to LabMD, Inc. in the ongoing David and Goliath battle between the government agency and the new-defunct clinical lab. What Happened? It’s not easy to explain in a blog entry the complex … Continue reading


Broadening Split on Viability of Class Waivers in Employment Arbitration Agreements Invites SCOTUS
Tony Lathrop
October 10, 2016

In the years following the U.S. Supreme Court’s AT&T Mobility v. Concepcion decision, more and more courts enforced class waivers in arbitration agreements based on the commands of the Federal Arbitration Act (FAA). The National Labor Relations Board (NLRB) parted with the post-Concepcion trend to enforce class waivers in D. R. Horton, Inc. and Michael … Continue reading


Political Speech in the Workplace
Data Points
October 5, 2016

By Leslie Pedernales The upcoming presidential election between two larger-than-life characters, each capable of stirring intense emotional reactions from both sides, is sure to produce some spirited debate around the water cooler this fall.  Many employees mistakenly assume that their expression of political speech (including nonverbal expression such as buttons or signs) is protected by … Continue reading


Do Not Pass Go: FERC Administrative Proceedings Remain First Stop for Market Manipulation Claims under the Natural Gas Act
Brian Heslin
September 19, 2016

Fraud and energy market manipulation have remained priorities of the Federal Energy Regulatory Commission’s Office of Enforcement (OE) over the past several years. The agency has ramped up its investigative efforts, reporting that fourteen out of the nineteen investigations opened last year involved market manipulation and the OE had never had as many litigation proceedings in … Continue reading


Class Action Settlements at the Heart of Proposed Amendments to Federal Rule of Civil Procedure 23
Tony Lathrop
September 12, 2016

Federal class action jurisprudence has been evolving rapidly over the course of the last 5-6 years, with several major U.S. Supreme Court decisions defining and redefining many aspects of class litigation. With the first round of proposed amendments in over a decade, the civil rule governing federal class litigation is set to follow suit. On … Continue reading


EIB Energy Highlights: FERC on Cybersecurity, Clean Power Plan Hearing Agenda, NatGas & Oil Exports Rise & More
Brian Heslin
September 9, 2016

Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy Interdependency Blog’s in-depth individual treatment of critical issues emerging in energy policy, regulation, and related litigation. EIB Energy Highlights … Continue reading


The Early Days of the EU-U.S. Privacy Shield: Should Your Organization Self-Certify?
Todd Taylor
September 9, 2016

On August 1, 2016, the U.S. Department of Commerce began accepting self-certification applications for the new EU-U.S. Privacy Shield Framework.  In the month that has followed over 100 companies (including Microsoft, Oracle and Salesforce, among others) have self-certified that they are in compliance with the EU-U.S. Privacy Shield. Now that that Privacy Shield is in … Continue reading


FTC Data Security Standards: Final Order in the ASUSTeK Case; No Mercy for LabMD
Karin M. McGinnis
July 29, 2016

The Federal Trade Commission, continuing its quest to be the enforcer of consumer privacy rights, has come down hard this month on ASUSTeK and LabMD for their failure to have adequate data security standards. Because the FTC has taken the position that its complaints and orders set the standard for adequate data security (DataPoints: Reading … Continue reading


European Parliament Passes Landmark Data Protection Regulation
Robert E. Sumner, IV
July 22, 2016

Robert Sumner IV and Brandon Gaskins On April 14, 2016, the European Parliament passed the General Data Protection Regulation (GDPR) and its companion, Data Protection Directive for Police and Criminal Justice Authorities.  The GDPR is a comprehensive regulation that includes new and enhanced privacy rights for European Union (EU) citizens, such as “the right to … Continue reading


EU Article 31 Committee Approves EU-US Privacy Shield
Karin M. McGinnis
July 8, 2016

EU Member States (the Article 31 Committee)  approved today the EU-US Privacy Shield.  The next step is formal adoption.  The full press release can be found here. The approval of the Privacy Shield is good news for companies who transfer personal data from the EU to the US. Although legal challenges to the Privacy Shield … Continue reading


Another Challenge for Information Governance: The Defense of Trade Secrets Act
Karin M. McGinnis
July 5, 2016

Tandy Mathis and Karin McGinnis Good information governance requires not only protecting the security of sensitive and proprietary information; it often requires pursuing legal action against those who threaten the secrecy and value of a company’s trade secrets.  The Defense of Trade Secrets Act (“DTSA”) both provides another tool for companies to pursue misappropriators of … Continue reading


U.S. Government Petitions to Join Data Privacy Litigation Against Facebook in Ireland
Karin M. McGinnis
June 27, 2016

On June 13, 2016, the United States government asked the Irish High Court to be joined as amicus curiae (friend of the court) in the case brought by the Austrian privacy activist Max Schrems against Facebook attacking the use of model contract clauses to transfer EU citizens’ data from the EU to the U.S. as … Continue reading


Defeated North Carolina Class Action Ultimately Results in Victory for Landowners – NCDOT Loses Map Act Fight
Tony Lathrop
June 27, 2016

What began several years ago as a defeated attempt at a class action against the North Carolina Department of Transportation (NCDOT) ultimately resulted in a win this month for plaintiff landowners in Kirby v. NCDOT (No. 56PA14-2). On June 10, 2016, the North Carolina Supreme Court held that the State’s restrictions placed on property owners under … Continue reading


North Carolina Legislative Report – June 24, 2016
MVA Updates
June 24, 2016

North Carolina Legislative Newsletter – June 24, 2016: MVA Public Affairs has issued a North Carolina Legislative Report containing updates and news for June 24, 2016


EIB Energy Highlights: Nat Gas Outpowers Coal, NC Renewables, CPP En Banc, Fed Energy Bill Awaits Conference & More
Brian Heslin
June 21, 2016

Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy Interdependency Blog’s in-depth individual treatment of critical issues emerging in energy policy, regulation, and related litigation. EIB Energy Highlights … Continue reading


Class Action Waivers in Consumer Finance Arbitration Agreements to be Banned: CFPB Proposed Rule Open for Comment Until August 22, 2016
Tony Lathrop
June 10, 2016

On May 24, 2016, the Consumer Financial Protection Bureau’s (CFPB) long-anticipated Proposed Rule prohibiting the use of class action waivers in consumer finance arbitration agreements was published in the Federal Register and opened for public comment. The Proposed Rule has been expected following the CFPB’s previous study and statements regarding the impact that arbitration agreement … Continue reading


New Federal Trade Secrets Bill Was Signed into Law – What’s Next?
Tony Lathrop
May 18, 2016

On May 11, 2016, President Obama signed S. 1890 – The Defend Trade Secrets Act (DTSA) into law, the final step in creating the first federal civil cause of action against those who misappropriate a company’s trade secrets. In signing the Act, President Obama spoke of American innovation and the threat that trade secret theft, particularly … Continue reading


Supreme Court Continues to Stake Out FERC Jurisdiction, Invalidates State Gas-Fired Power Plant Incentive Program
Brian Heslin
May 13, 2016

In an opinion unanimous in judgment (albeit with two concurring opinions), the U.S. Supreme Court recently reiterated the reach of the Federal Energy Regulatory Commission’s (FERC) jurisdiction over interstate wholesale electricity sales in Hughes v. Talen Energy Marketing, LLC, 578 U.S. ___ (2016). In the midst of rapid transformation in the energy industry, the expansion … Continue reading


North Carolina Legislative Report – May 6, 2016
MVA Updates
May 6, 2016

North Carolina Legislative Report – May 6, 2016: MVA Public Affairs has issued a North Carolina Legislative Report containing updates and news for May 6, 2016


See You in Federal Court: Congress Creates Federal Civil Action for Trade Secret Misappropriation
Tony Lathrop
May 6, 2016

Congressional efforts to create a federal remedy to protect company trade secrets have been underway for several years. Last week, S. 1890 – Defend Trade Secrets Act of 2016, which would amend the Economic Espionage Act of 1996 to create federal civil jurisdiction over the theft of trade secrets, was sent by Congress to the … Continue reading


SCOTUS OKs Statistics to Establish Class Action Liability with Limits, Leaves Open Uninjured Class Member Question
Tony Lathrop
April 15, 2016

Plaintiffs can count the first class action decision to be issued by the U.S. Supreme Court since the death of Justice Scalia as a win; although, they did not receive broad authorization to proceed carte blanche, as some had hoped. On March 22, 2016, a 6-2 split Court issued its opinion in the Tyson Foods, … Continue reading


Energy Industry Target of Cyber-Attacks and Congressional Efforts to Bolster Security
Mindy Vervais
March 23, 2016

Cybersecurity of the electric power grid and energy sector as a whole has been the subject of heightened Congressional attention given the integral role the industry plays in our economy. According to a 2015 U.S. Senate committee report, nearly one-third of reported cyber-attacks involve the energy sector. Not surprisingly, the 114th Congress (2015-2016) has introduced … Continue reading


Energy Industry Target of Cyber-Attacks and Congressional Efforts to Bolster Security
Mindy Vervais
March 23, 2016

Cybersecurity of the electric power grid and energy sector as a whole has been the subject of heightened Congressional attention given the integral role the industry plays in our economy. According to a 2015 U.S. Senate committee report, nearly one-third of reported cyber-attacks involve the energy sector. Not surprisingly, the 114th Congress (2015-2016) has introduced … Continue reading


President Obama Signs New Privacy Law – Judicial Redress Act
Karin M. McGinnis
March 3, 2016

On February 24, 2016, President Obama signed into law the Judicial Redress Act giving citizens of certain “covered countries” access to U.S. courts to protect their privacy and take legal action against U.S. government agencies if their personal data is unlawfully disclosed.  The  Act provides that the U.S. Secretary of State, the Treasury Secretary and … Continue reading


MLB Litigation Brief: Class Action Questions Open After Scalia’s Death, Arbitration Fees and American Rule & More
Tony Lathrop
February 29, 2016

Our goal is to serve as a cutting-edge resource for companies operating in an increasingly globalized and regulated business environment. Moore & Van Allen’s MLB Litigation Brief is a complement to our Litigation Blog’s in-depth individual treatment of critical issues emerging in federal, North Carolina state, and international litigation, as well as in arbitration, regulatory … Continue reading