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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


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

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 dvlottery.state.gov. 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.


MVA Blog Posts


MVA Monitor – May 17
Steven
May 17, 2019

It was a relatively quiet week at the General Assembly. No votes were taken on the House floor until Wednesday and on the Senate floor until Thursday. Only about a dozen bills had any action this week. Issue Insights State and Legislative Issues Abortion Bill Most advocates on both sides of the abortion issue have had […]

The post MVA Monitor – May 17 appeared first on MVA Public Affairs.


Moore & Van Allen Attorneys and Practices Recognized in 2019 Chambers & Partners Guide
Neil Bloomfield
May 15, 2019

Moore & Van Allen PLLC is pleased to announce that Chambers & Partners has ranked seven firm practice groups and 26 firm attorneys in the 2019 edition of its legal directory Chambers USA: America’s Leading Lawyers for Business. Moore & Van Allen’s Banking & Finance, Bankruptcy/Restructuring, Corporate/M&A and Real Estate practice groups earned Band 1 top-tier recognition … Continue reading


New Charlotte Transit Oriented Development Regulations Approved, What’s Next?
Tony Lathrop
May 7, 2019

NEW TRANSIT ORIENTED DEVELOPMENT REGULATIONS APPROVED, WHAT’S NEXT? (May 2019): The City of Charlotte has revamped its approach to Transit Oriented Development (TOD) as an initial step in the process of transforming the city into a liveable one that provides transportation options for all residents to access employment, services, and housing. As Chair of the … Continue reading


MVA Monitor – April 19
Steven
April 19, 2019

This week, Gov. Roy Cooper (D) this week issued his first veto since Democrats broke the super-majority in the legislature. Despite having a short week, House members filed over 200 new bills before leaving Wednesday for a spring break. The Senate continued to meet this week and will take a break next week. Issue Insights […]

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


North Carolina Amendments to Data Breach Law Finally Introduced
Karin M. McGinnis
April 17, 2019

On April 16, 2019, Representatives Saine, Jones and Reives introduced House Bill 904, the long anticipated amendments to the North Carolina Identity Theft Protection Act, N.C. Gen. Stat. § 75-61 et seq.. We first wrote about the proposed legislation in February 2018 [Two Proposed Data Security Laws Reflect National Trend Toward Affirmative Responsibilities]. The bill … Continue reading


MVA Monitor – April 12
Steven
April 12, 2019

The General Assembly continued work on substantive legislation this week, with several high profile bills involving health care moving forward. In another health care story, Atrium Health, Wake Forest Baptist Hospital, and Wake Forest University announced plans to negotiate a merger of the hospital systems and to bring a second campus of the Wake Forest […]

The post MVA Monitor – April 12 appeared first on MVA Public Affairs.


Washington State Legislature Moves Toward Passage of Broad Consumer Data Privacy Law
Karin M. McGinnis
April 10, 2019

Following in the footsteps of California, and the European Union’s General Data Protection Regulation, the State of Washington is taking steps to adopt a comprehensive privacy law focused on protecting consumer information. SB 5376, better known as the Washington Privacy Act, passed in the Washington State Senate on March 6, 2019 by a vote of … Continue reading


MVA Monitor – April 5
Steven
April 8, 2019

This week, the General Assembly took action in moving forward substantial proposals dealing with health care, immigration, and school testing.  The Governor announced a personnel policy change intended, in part, to reduce gender pay disparities in state government.  In all, 332 bills were filed this week – 93 in the House and 239 in the […]

The post MVA Monitor – April 5 appeared first on MVA Public Affairs.


No Standing to Sue, No Class Action Settlement – U.S. Supreme Court Remands Cy Pres Settlement Case Without Reaching the Merits
Tony Lathrop
April 1, 2019

We have been following the Frank v. Gaos, 586 U. S. __ (2019) class action case, which presented an opportunity for the U.S. Supreme Court to determine the limits on the use of the cy pres doctrine in the context of class action settlements to distribute damages paid by a defendant company to entities other than the plaintiff class. On … Continue reading


MVA Monitor – March 29
Steven
March 29, 2019

The General Assembly began discussions of some of the more controversial subjects this week.  Bills debated in committee included proposals to expand gaming options in the state, to require sheriffs to cooperate with ICE (Immigration and Customs Enforcement), and to study changes to the State Health Plan.  The Appropriations committees concluded their joint overview meetings […]

The post MVA Monitor – March 29 appeared first on MVA Public Affairs.


MVA Monitor – March 22
Steven
March 22, 2019

While Appropriations committees continued budget briefings, legislative leaders this week announced a target for General Fund spending significantly below the proposal submitted by Governor Cooper. On the floors of the two legislative chambers, the biggest item of note was the appointment of members of The University of North Carolina Board of Governors. A total of […]

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


The Time Is Now to Prepare for Congressional Inquiries from a Democrat-Led House
Neil Bloomfield
March 16, 2019

The article titled “The Time Is Now to Prepare for Congressional Inquiries from a Democrat-Led House,” written by Charlotte Members Neil Bloomfield and Edward O’Keefe, and Associate Elena Mitchell, was published and first appeared in the March 4, 2019 edition of Westlaw Journal Bank & Lender Liability.   The Article At the start of a … Continue reading


MVA Monitor – March 15
Steven
March 15, 2019

The majority of the activity at the General Assembly this week involved joint House and Senate Appropriations committee hearings to review Gov. Roy Cooper’s budget proposal that was released last week. The House and Senate will continue their joint review of key budget items over the next several days. The House is expected to release […]

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


MVA Monitor – March 8
Steven
March 8, 2019

As the 2019 session of the North Carolina General Assembly gets into full swing, legislators convened this week to addresses a number of bills. Key legislation included, the Governor’s proposed FY19-21 budget, school bond proposals and a bill to look at televising House sessions. The House also passed bills related to school safety. Legislators will […]

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


2019 SIFMA C&L Annual Seminar
Neil Bloomfield
February 28, 2019

Moore & Van Allen is pleased to be a Gold sponsor at the 2019 SIFMA C&L Annual Seminar. Charlotte Litigation Members Edward O’Keefe and Valecia M. McDowell have been invited to serve as panelists for this year’s seminar. O’Keefe will contribute to the Tuesday, March 26 afternoon panel entitled “Intersection of Banking and Wealth Management” … Continue reading


Charlotte’s Transit Oriented Development Revision in Full Swing with Upcoming Public Hearing
Tony Lathrop
February 4, 2019

CHARLOTTE’S TOD REVISION IN FULL SWING WITH UPCOMING PUBLIC HEARING (Jan. 2019): The Charlotte Department of Planning, Design & Development (Planning Department) is facilitating the transformation of the city into “a vibrant LIVEABLE CITY where all residents of all income levels have convenient transportation access to employment[,] services and housing options.” The revision of Charlotte’s … Continue reading


Illinois Supreme Court Rules on Biometric Privacy Case
Tandy Mathis
January 25, 2019

Today, the Illinois Supreme Court unanimously held that actual harm was not a necessary component of proving a breach of the state’s Biometric Information Privacy Act.  This ruling found that Stacy Rosenbach, the mother of a minor whose thumbprint was collected by Six Flags as part of a season pass holder purchase, can be considered … Continue reading


What About the Merits – What, If Anything, Will the Supreme Court Do With Cy Pres-Only Class Action Settlements?
Tony Lathrop
November 28, 2018

We have been talking about Frank v. Gaos, (No. 17-961), since the U.S. Supreme Court decided to tackle the extreme case of the use of the cy pres doctrine in the context of class action cases. The settlement is a cy pres-only agreement which called for distribution of all funds paid by the defendant directly … Continue reading


Standing in the Way of a Supreme Court Decision on Cy Pres-Only Class Action Settlements
Tony Lathrop
November 28, 2018

What is the value of the class action mechanism if no redress is provided to plaintiffs at all? Is the class action about providing a remedy to plaintiffs, is it just about getting the defendant company to pay something to someone…or has it evolved simply into a mechanism for plaintiffs’ attorneys to collect fees? These are several of … Continue reading


Mecklenburg County Bar’s 18th Banking and Finance Forum on Friday, November 9, 2018
Brian Soja
November 26, 2018

Charlotte Associate Brian Soja, a member of MVA’s Financial Regulatory Advice and Response and White Collar, Regulatory Defense, and Investigations practice groups, served as a panelist at Mecklenburg County Bar’s 18th Banking and Finance Forum on November 9.  Soja participated in the Forum’s Regulatory Highlights panel along with Phil Wertz of Bank of America, John … Continue reading


TCH/BPI 2018 Annual Conference
Neil Bloomfield
November 21, 2018

2018 ANNUAL CONFERENCE (Nov. 2018): We are proud to once again be a sponsoring partner for The Clearing House + Bank Policy Institute Annual Conference, which will take place in New York on November 26–28, 2018.  The Annual Conference provides a forum for the industry’s leaders to examine the changing dynamics of the bank regulatory … Continue reading


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 Mitchell
November 21, 2018

By: Edward P. O’Keefe, Neil T. Bloomfield, and Elena F. Mitchell. Elections have consequences and the recent midterm elections are no exception.  Having won the House majority, Democrats are expected to proceed with an ambitious agenda in January 2019.  Much of the focus has been on how the Democrats will use their control to scrutinize … Continue reading


SEC Issues Disclosure Guidance as Part of Continued Focus on Cybersecurity
Brian Soja
November 15, 2018

As cybersecurity attacks have continued to gain prominence as a threat posing critical risk management and compliance challenges for financial institutions, the Securities and Exchange Commission (SEC) has emerged as an active federal regulator in this arena. In September 2017, the SEC announced creation of a Cyber Unit housed within the SEC’s Enforcement Division that … Continue reading


MVA Monitor – Election Report
Steven
November 7, 2018

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


Drilling into Charlotte’s Transit Oriented Development (TOD) – Final Public Draft Available for Review
Tony Lathrop
October 25, 2018

Several months ago, Charlotte’s Planning Director Taiwo Jaiyeoba charted a new course for drafting Charlotte’s Unified Development Ordinance (CLTUDO). We are now undertaking the development of a comprehensive vision plan for the City, with hopes of substantial community engagement, while work on the CLTUDO drafting process continues simultaneously. Comprehensive Plan development kicked off September 2018 … Continue reading


SIFMA Compliance and Legal Society’s Charlotte Regional Seminar on Monday, September 24, 2018
Neil Bloomfield
September 21, 2018

Charlotte Litigation Members Neil Bloomfield and Ed O’Keefe will be serving as panelists at the upcoming SIFMA Compliance and Legal Society’s Charlotte Regional Seminar on Monday, September 24. This one day seminar feature presentations by leading securities regulators and industry professionals.  Bloomfield will be speaking on the Privacy and Cybersecurity Issues panel alongside Keith Agisim (Moderator, Bank of America), Michael Adams … Continue reading


SEC Issues Disclosure Guidance as Part of Continued Focus on Cybersecurity
Brian Soja
September 17, 2018

As cybersecurity attacks have continued to gain prominence as a threat posing critical risk management and compliance challenges for financial institutions, the Securities and Exchange Commission (SEC) has emerged as an active federal regulator in this arena. In September 2017, the SEC announced creation of a Cyber Unit housed within the SEC’s Enforcement Division that … Continue reading


Data Management in Government Investigations
Neil Bloomfield
September 12, 2018

Members of MVA’s Privacy and Data Security team, Charlotte Member Neil Bloomfield, Charlotte Counsel Tandy Mathis and Charlotte Associate Nathan White were speakers for the latest Privacy and Data Security Seminar that was held on August 22. This seminar discussed the data management challenges in today’s government investigations. This is an area undergoing significant changes … Continue reading


NYS DFS September 4, 2018 Cybersecurity Compliance Deadline
Bill Butler
September 7, 2018

Tuesday, September 4, 2018 marked the New York State Department for Financial Service’s deadline for compliance with several sections of cybersecurity regulation 23 NYCRR 500 (the “Regulation”).  The Regulation covers any organization that operates (or is required to operate) under a license, registration, charter, certificate, permit, accreditation, or similar authorization under the Banking Law (Title … Continue reading


TRUMP SUPREME COURT PICK, BRETT KAVANAUGH, COULD PLAY ROLE IN RESHAPING MAJOR SECURITIES FRAUD ENFORCEMENT TOOL
Fielding Huseth
September 6, 2018

By Mark Nebrig and Fielding Huseth.  No one doubts that Judge Brett Kavanaugh, President Trump’s pick for the Supreme Court, would have an impact on the court’s jurisprudence if confirmed.  For financial services and publicly-traded companies, as well as those that support them, one area that should not be overlooked is his potential influence on securities fraud … Continue reading


How Much is that Disclosure Worth? NC Business Court Curbs Attorney Fee Award in Shareholder Disclosure-Only Class Action
Tony Lathrop
August 29, 2018

Class actions challenging corporate merger transactions often result in settlement agreements in which the only remedy obtained by the plaintiff class is the company defendants’ additional disclosure of information related to the merger. These “disclosure-only” settlements have proliferated in recent years, drawing criticism, in part, due to questions regarding the materiality of any additional disclosures … Continue reading


Will Congress Clarify Regulation of Marijuana-Related Business?
John Han
August 15, 2018

By John Han and Katherine Lamberth. President Trump piqued the interest of participants in and observers of the marijuana industry when he stated in early June that he would “probably” support recently proposed bipartisan legislation aimed at removing the federal prohibition on certain marijuana-related activity. President Trump’s statement is significant because it: indicates presidential support … Continue reading


Caution: Costs of Investigations into Employees’ Fraud are No Longer Recoverable under the Mandatory Victims Restitution Act
Frank Schall
August 14, 2018

By Kim Cochran[1] and Frank Schall In a decision with far-reaching implications for corporate victims of fraud, the U.S. Supreme Court recently held that the Mandatory Victims Restitution Act of 1996 (MVRA) does not entitle victims of certain federal offenses, including wire fraud, to reimbursement for costs incurred conducting investigations and participating in civil or … Continue reading


Update on California Consumer Privacy Act
Bret Buckler
July 30, 2018

By Bret Buckler and Todd Taylor Recently the state of California passed a data privacy and security law called the California Consumer Privacy Act (“CCPA”) (Assembly Bill 375, found here). The law, which takes effect on January 1, 2020, is aimed at establishing a defined set of rights for consumers with regard to how their … Continue reading


Task Force on Market Integrity and Consumer Fraud
Nader Raja
July 17, 2018

On July 11, 2018, pursuant to a Presidential Executive Order, the Department of Justice announced the formation of a new multi-agency task force on Market Integrity and Consumer Fraud that will focus on combating consumer and market fraud.  Deputy Attorney General Rod Rosenstein, who will chair the new task force, unveiled plans for the initiative … Continue reading


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.