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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


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.


September 2018 Visa Bulletin
August 2018

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


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

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

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


Are You Ready to Travel This Summer?
May 2018

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


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

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


H1-B Cap and Lottery Update
May 2018

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


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

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


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

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


USCIS Reaches H-1B Cap for FY2019
April 2018

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


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

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


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

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

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


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

MVA Blog Posts


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.


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