Moore & Van Allen Law Firm, Attorneys

Newsletters, Alerts & Blogs

{ Banner Image }

Search Publications & Alerts

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. 

We encourage you to sign up for periodic updates through our newsletter subscription and RSS Feed services, so that we can update you instantly on the legal happenings that may impact your business.

Newsletters & Alerts


Is there a fix for COVID business interruption and event cancellations losses on the horizon?
Tony Lathrop
August 2020, MVA Litigation Blog

MVA Litigation Member Tony Lathrop‘s MVA Litigation Blog article titled, “Is There a Fix for COVID Business Interruption and Event Cancellations Losses on the Horizon?” was published on August 17.


Federal Reserve Discloses Plan for “FedNow” a Real Time Payment System
Neil Bloomfield
August 2020, MVA White Collar Defense, Investigations, and Regulatory Advice Blog

Charlotte Financial Regulatory Advice and Response Member Neil Bloomfield’s MVA White Collar Defense, Investigations, and Regulatory Advice Blog post titled, “Federal Reserve Discloses Plan for “FedNow” a Real Time Payment System” was published on August 14.


U.S. Immigration COVID-19 Important Updates
Immigration Practice Group
August 2020

Since our last update, there have been a variety of important changes impacting the U.S. immigration system amid the ongoing COVID-19 pandemic. These changes include continued flexibility in the compliance realm as well as the resumption of in-person services in the U.S. and abroad, to name a few. The most significant changes and updates are highlighted below.


Another major setback for EU-U.S. data transfer in “Schrems II”
Suzanne Gainey
July 2020, Data Points Blog

Charlotte Privacy and Data Security Associate Suzanne Gainey’s Data Points blog titled, “Another major setback for EU-U.S. data transfer in “Schrems II”, was published on July 24.


Federal discovery in international arbitration may be headed for Supreme Court
Jim McLoughlin
July 2020, North Carolina Lawyers Weekly

Charlotte Litigation Member Jim McLoughlin’s article titled, “Federal discovery in international arbitration may be headed for Supreme Court” was published by North Carolina Lawyers Weekly on July 24.


Firms choosing different paths for summer law programs
Tom Mitchell quoted in NC Lawyers Weekly on MVA’s Summer Associates Program
Thomas (Tom) L. Mitchell
July 16, 2020, NC Lawyers Weekly

Moore & Van Allen’s Firm Chairman Tom Mitchell was quoted regarding MVA’s Summer Associates Program in the NC Lawyers Weekly article titled, “Firms choosing different paths for summer law programs” published July 15.


Pandemic Risk Insurance Act of 2020 introduced in Congress — a federal backstop for business interruption and event cancellation losses
Tony Lathrop
July 2020, Westlaw

Charlotte Litigation Member Tony Lathrop‘s article titled, “Pandemic Risk Insurance Act of 2020 introduced in Congress — a federal backstop for business interruption and event cancellation losses” was published by Westlaw on June 22.


Borrower Insights For Maximizing PPP Loan Forgiveness
Mike Miller and Kathryn Hesman
June 2020, Law360

Charlotte Corporate Member Mike Miller and Associate Kathryn Hesman’s article titled, “Borrower Insights For Maximizing PPP Loan Forgiveness” was published by Law360 on June 25.


Borrower Insights For Maximizing PPP Loan Forgiveness
Mike Miller and Kathryn Hesman
June 2020, Law360

Charlotte Corporate Member Mike Miller and Associate Kathryn Hesman’s article titled, “Borrower Insights For Maximizing PPP Loan Forgiveness” was published by Law360 on June 25.


New Treasury Department Regulations Modify Mandatory Filing Requirements for Critical Technology Businesses
Frank Schall and Elena Mitchell
June 2020, MVA White Collar Defense, Investigations, and Regulatory Advice Blog

Charlotte White Collar, Regulatory Defense, and Investigations Member Frank Schall and Associate Elena Mitchell’s blog article titled, “New Treasury Department Regulations Modify Mandatory Filing Requirements for Critical Technology Businesses” was published on June 17.


Latest PPP changes deemed positive but more lie ahead
Michael (Mike) Ryan Miller
June 2020, Charlotte Business Journal

Charlotte Corporate Member Mike Miller was quoted in the Charlotte Business Journal article titled, “Latest PPP changes deemed positive but more lie ahead” which was published June 12. Today’s Paycheck Protection Program is different from the early April version. Guidelines changed daily at first and continue to shift around loan requirements. Legislators passed additional changes last week in the PPP Flexibility Act to help more businesses qualify for forgiveness.


White House Further Restricts U.S. Immigration in Response to COVID-19
Immigration Practice Group, MVA COVID Resource Center
June 2020

Since the start of the COVID-19 outbreak in the U.S., the Trump Administration has issued a variety of Executive Orders aimed at restricting U.S. Immigration. Yesterday, the White House announced the continuation of its order suspending the entry of certain immigrants as well as announced additional restrictive measures directed at suspending the entry of nonimmigrant workers. Specifically, this latest Proclamation will suspend the entry of new H-1B, H-2B, L-1, certain J-1 nonimmigrants, and their accompanying dependents unless they qualify for one of the limited stated exemptions. The application of the ban to Canadian nationals seeking admission in these categories, who are not required to obtain a visa to enter the United States, is still unclear.


Forgiveness is Divine: Insight for PPP Borrowers to Maximize Loan Forgiveness
Mike Miller and Kathryn Hesman
June 2020, MVA COVID-19 Resource Center

As businesses that have received funds (“Borrowers”) under the CARES Act’s Paycheck Protection Program (“PPP”) execute their COVID-19 survival strategies, it is important that these survival strategies are designed to take advantage of PPP program’s defining feature for Borrowers: loan forgiveness. The PPP provides that loans made under the PPP (“PPP Loans”) may be forgiven if the Borrower meets certain criteria for the use of the PPP Loan proceeds and maintenance of employee headcount and compensation levels. The forgiveness regime is governed by Section 1106 of the CARES Act, Interim Final Rules that have been issued by the Small Business Administration (“SBA”) thereunder (including the one Interim Final Rule, issued on April 2, 2020 (“IFR #1”) and another Interim Final Rule, issued on May 22, 2020 (“IFR #14) that each specifically deal with PPP Loan forgiveness), the forgiveness application posted to the Treasury Department website on May 16, 2020 (the “Forgiveness Application”) and the Paycheck Protection Program Flexibility Act (the “PPPFA”).


Pandemic Risk Insurance Act of 2020 Introduced in Congress – A Federal Backstop for Business Interruption and Event Cancellation Losses
Tony Lathrop
June 2020, MVA COVID 19 Resource Center

After months of discussion and drafting, H.R.7011, the Pandemic Risk Insurance Act of 2020 (PRIA) was introduced by Representative Carolyn Maloney and twenty co-sponsors on May 26, 2020. If passed as currently drafted, the Act would mandate that insurance companies offering business interruption insurance policies must cover losses incurred due to pandemics and it would establish a Pandemic Risk Reinsurance Program (PRRP) within the Department of the Treasury under which private insurance companies and the federal government would share the responsibility to pay claims for covered losses.


North Carolina attorneys on what businesses should watch as PPP issues linger
Michael (Mike) Ryan Miller
May 2020, Charlotte Business Journal

Charlotte Corporate Member Mike Miller was quoted in the Charlotte Business Journal article titled, “North Carolina attorneys on what businesses should watch as PPP issues linger” which was published May 28. Small business owners, including those in Charlotte, scrambled to secure PPP funding as Covid-19 led to a wave of mandated closings. Businesses and their lenders were forced to move ahead quickly as limited guidance trickled in.


Tom Mitchell quoted regarding Mecklenburg County’s toolkit
Thomas (Tom) L. Mitchell
May 2020

MVA firm Chairman Tom Mitchell has been quoted in a May 29 Mecklenburg County press release regarding the County’s toolkit designed to help a variety of area businesses reopen safely as the community moves through the Governor’s Stay Safer at Home Order Phase Two. The Business Leaders Roundtable group, of which Mitchell is a member, was created by Mecklenburg County Manager Dena R. Diorio. The toolkit is a more detailed follow-up to the first toolkit the group released during Phase One of the Governor's Order a few weeks ago.


North Carolina Considering COVID-19 Workers’ Compensation Expansion for Frontline and Essential Workers
Tony Lathrop
May 2020, MVA COVID-19 Resource Center

For the last two months, the doors of millions of businesses and homes have been shuttered due to government mandated stay at home orders. Through it all, the individuals who have served on the front lines and in essential businesses have been required to risk exposure to the novel coronavirus (COVID-19) to continue to serve and keep those businesses running. Several North Carolina Representatives recently introduced H.B. 1057 – WC/COVID-19 Front Line Coverage/Funds, a bill that would amend North Carolina’s workers’ compensation law by creating a rebuttable presumption that first responders, healthcare workers, and workers in essential services who contract COVID-19 or another pandemic infection contracted the infection on the job.


Treasury Department Again Issues New Guidance on PPP Loan “Necessary to Support Ongoing Operations” Certification
Mike Miller and Tyler Carpenter
May 2020

On April 23, 2020, the Treasury Department issued updated guidance (“FAQ 31”) regarding a confusing aspect of the CARES Act’s popular Payroll Protection Program (“PPP”).  A day later, on April 24, 2020, the Treasury Department issued a new Interim Final Rule (the “IFR”) formally implementing and expanding the scope of some of the PPP guidance in FAQ 31.  In applying for a PPP loan, among other things, applicants are required to certify that “current economic uncertainty makes this loan request necessary to support the ongoing operations” of the borrower (the “Necessity Certification”). 


Modern Slavery Statement Guidance – Note to Financial Institutions
Sarah Byrne
May 2020

The United Kingdom Home Office has released guidance to companies that are required to make a public statement about human trafficking risks and prevention measures under the U.K. Modern Slavery Act of 2015. Organizations are to address the emerging risks of exploitation at the company and in the supply chain caused by COVID-19 in their statement against modern slavery.


COVID-19 Business Interruption Insurance Litigation Proliferates
Tony Lathrop
May 2020, MVA COVID-19 Resource Center

A few weeks ago we were discussing what was believed to be the first COVID-19 lawsuit related to business interruption insurance and a handful of state legislative efforts to redefine the scope of coverage for businesses impacted by COVID-19.


Mandated Coverage and Public-Private Risk Sharing Initiatives Under Consideration for COVID-19 Related Business Interruption Losses
Tony Lathrop
May 2020, MVA COVID-19 Resource Center

In just a few weeks, we have gone from discussing what was believed to be the first COVID-19 lawsuit related to business interruption insurance and a handful of state legislative efforts to redefine the scope of coverage for businesses impacted by COVID-19 to dozens of lawsuits filed across the nation, including several class actions, and legislation circulating at the federal (and international) level proposing to provide a backstop to private insurers who pay out to policy holders.


INSIGHT: Proffers and Government Reporting—Cause for Comfort and Caution
Jim McLoughlin and Bill Butler
May 2020, Bloomberg Law

Moore & Van Allen PLLC attorneys analyze two court rulings involving the waiver of privilege when making disclosures to the government and they offer guidance to prevent attorney-client privilege and work product protection from being waived.


Jim McLoughlin and Bill Butler’s article published by Bloomberg Law
William (Bill) M. Butler, James (Jim) P. McLoughlin, Jr.
May 2020

Charlotte Litigation Member Jim McLoughlin and Associate Bill Butler‘s article titled, “INSIGHT: Proffers and Government Reporting—Cause for Comfort and Caution”, was published by Bloomberg Law on May 5.


RESUMING BUSINESS DURING THE COVID-19 PANDEMIC: GUIDANCE FOR EMPLOYERS
May 2020

After the flurry of layoffs, stay-at-home orders, furloughs, and considerable new government regulation, many employers are now looking at planning for the eventual resumption of “regular” business. Such planning requires balancing productivity and workplace efficiency with health concerns and legal compliance. The following guidance provides insight into issues employers should consider before bringing employees back to work and do’s and don’ts when employees are back.


RESUMING BUSINESS DURING THE COVID-19 PANDEMIC: GUIDANCE FOR EMPLOYERS
M. Cabell Clay, Rachael M. Coe, Brandon Gaskins, Anthony (Tony) T. Lathrop, Clinton T. Magill, Karin M. McGinnis, Sarah H. Negus, Emily C. Pera, Paul J. Peralta, Russell (Russ) F. Sizemore, John A. Zaloom
May 2020, MVA COVID-19 Resource Center

After the flurry of layoffs, stay-at-home orders, furloughs, and considerable new government regulation, many employers are now looking at planning for the eventual resumption of “regular” business. Such planning requires balancing productivity and workplace efficiency with health concerns and legal compliance. The following guidance provides insight into issues employers should consider before bringing employees back to work and do’s and don’ts when employees are back.


Treasury Department Publishes Interim Final Rule Implementing CFIUS Filing Fees
Elena Mitchell and Frank Schall
April 2020, MVA White Collar Defense, Investigations, and Regulatory Advice Blog

As discussed in our related March 25, 2020 post, in early March 2020, the Department of the Treasury (“Treasury”) issued a proposed rule regarding filing fees for parties filing voluntary notices of certain transactions for review by the Committee on Foreign Investment in the United States (“CFIUS”) pursuant to the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”). Earlier this week, on April 28, Treasury filed an interim final rule implementing filing fees beginning May 1, 2020.


U.S. Immigration COVID-19 April Roundup
April 2020

In March, MVA provided a comprehensive summary regarding the impact the COVID-19 pandemic was having on U.S. immigration.  Below is a roundup of the most important information impacting U.S. immigration since that summary.


U.S. Immigration COVID-19 April Roundup
Immigration Team
April 2020, MVA COVID-19 Resource Center

In March, MVA provided a comprehensive summary regarding the impact the COVID-19 pandemic was having on U.S. immigration.  Below is a roundup of the most important information impacting U.S. immigration since that summary.


BEWARE COMPROMISED BUSINESS EMAIL . . . AND THE LITIGATION THAT FOLLOWS
Bill Butler, Jim McLoughlin and Chris Tomlinson
April 2020, MVA COVID-19 Resource Center

Businesses are facing this system hack with ever-increasing frequency: An accounts payable employee receives new or updated payment instructions from a vendor via email. The email appears to be from a familiar counterpart at the vendor; it contains accurate details specific to a current transaction; the new bank is well known; and the new instructions have the vendor’s name, or a version of it, as the beneficiary. The accounts payable employee executes the electronic transfer payment consistent with the wiring instructions. In an instant, the payment goes not to the vendor, but into the account of a cyber-criminal posing as the vendor, with almost no chance of recovery because the funds leave the criminal’s bank account immediately.


Considering the Small Business Reorganization Act
Hillary Crabtree, Luis Lluberas, Reid Dyer
April 2020

The Small Business Reorganization Act of 2019 is a new streamlined bankruptcy process for businesses that qualify as a small business and took effect on February 22, 2020. The act is commonly known as “Subchapter V”.


Considering the Small Business Reorganization Act
Hillary Crabtree, Reid Dyer, and Luis Lluberas
April 2020, MVA COVID-19 Resources Center

The Small Business Reorganization Act of 2019 is a new streamlined bankruptcy process for businesses that qualify as a small business and took effect on February 22, 2020. The act is commonly known as “Subchapter V”.


SBA Bankruptcy Battle
Reid Dyer, Hillary Crabtree, Luis Lluberas
April 2020

On April 15, 2020, the SBA issued an Interim Final Rule (“IFR”) for the Paycheck Protection Program (“PPP”) component of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). The PPP allows qualified businesses to receive loans equal to 2.5 times their average monthly payroll, up to $10 million, which may be fully forgiven if the proceeds are used for payroll and related expenses (subject to certain caps), rent, utilities, and interest on debts incurred prior to February 15, 2020. Pursuant to the IFR, the SBA determined that businesses that are currently debtors in proceedings under the United States Bankruptcy Code, 11 U.S.C. § 101, et seq. (the “Bankruptcy Code”) are not eligible to be approved for a PPP loan:


SBA Bankruptcy Battle
Hillary Crabtree, Reid Dyer and Luis Lluberas
April 2020, MVA COVID-19 Resource Center

On April 15, 2020, the SBA issued an Interim Final Rule (“IFR”) for the Paycheck Protection Program (“PPP”) component of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). The PPP allows qualified businesses to receive loans equal to 2.5 times their average monthly payroll, up to $10 million, which may be fully forgiven if the proceeds are used for payroll and related expenses (subject to certain caps), rent, utilities, and interest on debts incurred prior to February 15, 2020.


CMS ANNOUNCES REEVALUATION OF ACCELERATED PAYMENT PROGRAM PAYMENTS; SUSPENDS ADVANCE PAYMENTS TO PART B SUPPLIERS
Carol Ewald Bowen, Kimberly Short Kirk
April 2020

On April 26, 2020, the Centers for Medicare and Medicaid Services (CMS) announced that it is reevaluating the amounts that will be paid under its Accelerated Payment Program and suspending its Advance Payment Program to Part B suppliers effective immediately. CMS had expanded these programs in late March of this year to provide short term loans to address cash flow issues for providers and suppliers during the COVID-19 pandemic.  CMS stated that payments to hospitals and other providers providing front line care to COVID-19 patients will continue to be made available primarily from the Provider Relief Fund.


CMS ANNOUNCES REEVALUATION OF ACCELERATED PAYMENT PROGRAM PAYMENTS; SUSPENDS ADVANCE PAYMENTS TO PART B SUPPLIERS
Carol Ewald Bowen and Kimberly Short Kirk
April 2020, MVA COVID-19 Resource Center

On April 26, 2020, the Centers for Medicare and Medicaid Services (CMS) announced that it is reevaluating the amounts that will be paid under its Accelerated Payment Program and suspending its Advance Payment Program to Part B suppliers effective immediately. CMS had expanded these programs in late March of this year to provide short term loans to address cash flow issues for providers and suppliers during the COVID-19 pandemic.


Next Steps For Sellers Coping With Merger Terminations
Carolyn Meade
April 2020, Law360

Charlotte Corporate Member Carolyn Meade‘s article titled, “Next Steps For Sellers Coping With Merger Terminations” was published by Law360 on April 27.


Treasury Department Again Issues New Guidance on PPP Loan “Necessary to Support Ongoing Operations” Certification
Mike Miller and Tyler Carpenter
April 2020, MVA COVID-19 Resource Center

On April 23, 2020, the Treasury Department issued updated guidance (“FAQ 31”) regarding a confusing aspect of the CARES Act’s popular Payroll Protection Program (“PPP”). A day later, on April 24, 2020, the Treasury Department issued a new Interim Final Rule (the “IFR”) formally implementing and expanding the scope of some of the PPP guidance in FAQ 31. In applying for a PPP loan, among other things, applicants are required to certify that “current economic uncertainty makes this loan request necessary to support the ongoing operations” of the borrower (the “Necessity Certification”).


GENERAL GUIDANCE ON LEGAL ISSUES RELATED TO COVID-19 AND PRIVACY AND DATA SECURITY FOR U.S. COMPANIES[1]
April 2020, MVA COVID-19 Resource Center

The Pandemic Impact on Transportation Funding
Tony Lathrop
April 2020, MVA COVID-19 Resource Center

In a few short weeks, shuttered doors and emptied streets have become characteristic of even the most robust urban centers of our country. In the face of the novel coronavirus (COVID-19) pandemic, nearly 95% of Americans currently are subject to government issued stay-at-home orders and non-essential businesses remain closed. We have progressed to the point where government and industry are working to develop plans to reopen the economy, but even those plans likely will require at least several more weeks under the current conditions. With the economy essentially grinding to a halt, the transportation sector has been hit hard. It has been said that weathering this pandemic may set transportation back decades if the right actions are not taken to stem the financial impact.


Pandemic cuts into seasonal hotels’ limited time
Amanda Carrano Franklin
April 2020, Hotel News Now

Charlotte Immigration Member Amanda Franklin was quoted in the Hotel News Now article titled, “Pandemic cuts into seasonal hotels’ limited time” which was published on April 17.


4th Circ. Foreign Discovery Ruling Champions Int'l Arbitration
Jim McLoughlin
April 2020, Law360

Charlotte Litigation Member Jim McLoughlin’s article titled, “4th Circ. Foreign Discovery Ruling Champions Int'l Arbitration” was published by Law360 on April 15.


4th Circ. Foreign Discovery Ruling Champions Int'l Arbitration
Jim McLoughlin
April 2020, Law360

Charlotte Litigation Member Jim McLoughlin’s article titled, “4th Circ. Foreign Discovery Ruling Champions Int'l Arbitration” was published by Law360 on April 15.


SUMMARY OF NORTH CAROLINA GOVERNOR'S APRIL 8, 2020 EXECUTIVE ORDER 130 - MEETING NORTH CAROLINA'S HEALTH AND HUMAN SERVICES NEEDS – INCLUDING WAIVER OF CERTAIN CERTIFICATE OF NEED REQUIREMENTS (April 10, 2020)
Carol Ewald Bowen, Kimberly Short Kirk, Sierra Lyda
April 2020

On April 8, 2020, North Carolina Governor Roy Cooper issued Executive Order 130 (the “Executive Order”) to provide necessary waivers to expand health care resources for treatment of COVID‑19 patients and to provide additional waivers for certain child care, emergency management, food establishment, elder care, developmental disability, mental health and substance use disorder treatment services, and social services.  The complete Executive Order is linked here:  https://files.nc.gov/governor/documents/files/EO130-Meeting-North-Carolinas-Health-and-Human-Services-Needs.pdf.


SUMMARY OF NORTH CAROLINA GOVERNOR'S APRIL 8, 2020 EXECUTIVE ORDER 130 - MEETING NORTH CAROLINA'S HEALTH AND HUMAN SERVICES NEEDS – INCLUDING WAIVER OF CERTAIN CERTIFICATE OF NEED REQUIREMENTS (April 10, 2020)
Carol Ewald Bowen, Kimberly Short Kirk and Sierra Lyda
April 2020, MVA COVID-19 Resource Center

On April 8, 2020, North Carolina Governor Roy Cooper issued Executive Order 130 (the “Executive Order”) to provide necessary waivers to expand health care resources for treatment of COVID‑19 patients and to provide additional waivers for certain child care, emergency management, food establishment, elder care, developmental disability, mental health and substance use disorder treatment services, and social services. The complete Executive Order is linked here: https://files.nc.gov/governor/documents/files/EO130-Meeting-North-Carolinas-Health-and-Human-Services-Needs.pdf.


Estate Planning and the Coronavirus
Kenneth (Ken) S. Coe, Thomas A. Cooper, Kathryn (Katie) E. Duffy, Jenny M. Heichelbech, Mark R.A. Horn, Caitlin N. Horne, Christopher (Chris) J.C. Jones, Matthew R. Kain, Paul M. Lynch, Neill G. McBryde, Bradley (Brad) T. Van Hoy, Sara Page H. Waugh
April 2020, MVA COVID-19 Resource Center

We hope you and your loved ones are all safe and healthy during these trying times. For any of you who have fallen ill, we wish you a speedy and full recovery. In response to the coronavirus pandemic, Moore and Van Allen has created a Covid-19 Resource Center including the latest news, alerts, and insights -- covering multiple practice areas to help you navigate this rapidly evolving situation from a legal and business perspective. MVA lawyers, professionals, and staff are here to support you during this uncertain time and remain committed to your success and well-being. We wanted to share directly with you some updates that might affect you, as well as some thoughts on opportunities this unprecedented situation has presented.


Retooling Your Business for COVID-19: Product Liability Immunity & Insurance for Manufacturing Pandemic Products
Tony Lathrop
April 2020, MVA COVID-19 Resource Center

One thing, among many, that enduring the COVID-19 crisis is reminding us of is that the resilience of the human spirit is remarkable. Amidst calls for more personal protective equipment for the dedicated healthcare workers on the front lines and more ventilators for vulnerable patients fighting for their lives, company after company (and individuals) have responded by retooling their operations to manufacture the items needed to support the herculean effort to treat those infected and to stay ahead of and flatten the curve of this pandemic.


GENERAL GUIDANCE FOR EMPLOYERS ON LEGAL ISSUES RELATED TO COVID-19
April 2020

Employers across the country are facing unique and unprecedented challenges in responding to workforce issues in light of the COVID-19 pandemic. The law is changing quickly to address issues presented by the spread of COVID-19. The following shares guidance and insight into common workplace issues that can arise in response.


GENERAL GUIDANCE FOR EMPLOYERS ON LEGAL ISSUES RELATED TO COVID-19
M. Cabell Clay, Rachael M. Coe, Brandon Gaskins, Anthony (Tony) T. Lathrop, Clinton T. Magill, Karin M. McGinnis, Sarah H. Negus, Emily C. Pera, Paul J. Peralta, Randel E. Phillips, Russell (Russ) F. Sizemore, John A. Zaloom
April 2020, MVA COVID-19 Resource Center

Employers across the country are facing unique and unprecedented challenges in responding to workforce issues in light of the COVID-19 pandemic. The law is changing quickly to address issues presented by the spread of COVID-19. The following shares guidance and insight into common workplace issues that can arise in response.


Even the Winners May Be Losers
Ed O'Keefe and Kristina Whittaker
April 2020, MVA COVID-19 Resource Center

While striving to assist our clients and customers in responding to the outbreak, we also need to think about when it is over. There will be many losers, but also inevitably winners, either real or perceived. Helping the distressed and others harmed by the outbreak is hard and critical work. Managing the response to those who helped the winners will be unpredictable and complex. Right now, we cannot fully know the winners. Will it be customers that supply a desperately needed product or those that have sold at an opportune time? Our actions will be viewed through hindsight layered with emotions.


Left at the Altar: Best Practices if COVID-19 Delayed or Cost You Your Sale
Carolyn Meade
April 2020

The COVID-19 pandemic is having a ripple effect across private financial markets.  2019 and the opening of 2020 set records for fundraising for private equity firms, and the market for investment in, and acquisition of, private companies.  Many founder-owned companies which, not 3 weeks ago, were within less than a month of closing a deal have been informed by their prospective acquirers that their transactions are “on hold”.  Others no longer have a deal, as investment committees and management teams re-evaluate purchase price, financial covenants and their responsibilities to existing portfolio companies and limited partners. 


REAL ESTATE CLIENT ALERT REGARDING THE CARES ACT
Charlie Harmon
April 2020, MVA COVID-19 Resources Center

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed into law by President Trump on March 27, 2020, as a response to the COVID-19 pandemic. Several provisions of the CARES Act impact real estate owners. Below is a summary of the provisions of the CARES Act that are most likely to impact to owners of commercial real estate. Please refer to Moore & Van Allen’s COVID-19 Resource Center for a more comprehensive analysis of the CARES Act.


REAL ESTATE CLIENT ALERT REGARDING THE CARES ACT
Charlie Harmon
April 2020

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed into law by President Trump on March 27, 2020, as a response to the COVID-19 pandemic. Several provisions of the CARES Act impact real estate owners. Below is a summary of the provisions of the CARES Act that are most likely to impact to owners of commercial real estate. Please refer to Moore & Van Allen’s COVID-19 Resource Center for a more comprehensive analysis of the CARES Act.


Summary of the STARK LAW Blanket Waivers AUTHORIZED UNDER COVID-19 NATIONAL EMERGENCY DECLARATION - EFFECTIVE MARCH 1, 2020
Carol Ewald Bowen, Kimberly Short Kirk, Rachel Rice
April 2020

On March 30, 2020, the Secretary of the Department of Health and Human Services (the “Secretary”) authorized blanket waivers of Section 1877(g) of the Social Security Act (the “Stark Law”). The Stark Law prohibits physicians from making referrals for designated health services[1] to an entity if the physician or an immediate family member has an ownership interest in, or financial arrangement with, the entity, unless an exception applies.


COVID-19/Securities & Capital Markets Update
Wade Sample and Ryan Hart
April 2020

In response to the COVID-19 pandemic and the resulting disruptions to business and economic activity across the country, the Securities Exchange Commission (the “SEC”) and the SEC staff have taken steps to provide relief from certain filing and other regulatory requirements of the Securities Exchange Act of 1934 (the “Exchange Act”) and to give guidance to public companies on disclosure considerations related to the COVID-19 pandemic.


Guidance and Legislation regarding patient information protections during the COVID-19 nationwide public health emergency
Carol Ewald Bowen and Kimberly Short Kirk
April 2020

As summarized below, the Department of Health and Human Services (HHS) and Office for Civil Rights (OCR) have issued a series of bulletins and other guidance regarding the ability to use and disclose protected health information during the nationwide public health emergency concerning COVID-19.  Generally, the guidance is intended to provide greater flexibility during the emergency and to communicate existing abilities to use and disclose patient information, while confirming that the HIPAA Privacy Rule’s protections are not suspended as a whole. In addition, the Coronavirus Aid, Relief and Security (CARES) Act contains provisions related to Part 2 protections and additional HIPAA guidance.


State Legislators Seek to “Rewrite” Insurance Policies, Requiring Coverage of COVID-19 Business Interruption Losses
Tony Lathrop
April 2020, MVA COVID-19 Resource Center

The Novel Coronavirus (COVID-19) pandemic has elicited extraordinary suppression and mitigation measures from all levels of government in the U.S. and around the world. It is difficult to fathom the extent to which the economy, global and domestic travel, and life as we knew it have been disrupted in the span of only a few weeks. Lawmakers have been in the difficult position of having to weigh the public health implications of their policy decisions against the economic impact on businesses and individuals. At all levels, our governments have been taking steps to address mitigation of business and individual losses incurred during the pandemic.


28 U.S.C § 1782(a) – Obtaining Information in Aid of International Private Arbitration from U.S. Federal Courts
Jim McLoughlin
April 2020, MVA Litigation Blog

Charlotte Litigation Member Jim McLoughlin‘s blog article titled, “28 U.S.C § 1782(a) – Obtaining Information in Aid of International Private Arbitration from U.S. Federal Courts” was published on April 1.


ESSENTIAL INFORMATION IMPACTING U.S. IMMIGRATION DURING THE COVID-19 EMERGENCY
March 2020

Like many areas, the U.S. immigration system has been greatly impacted by the COVID-19 pandemic. Below is a summary of the most critical information effecting employers and their foreign workforce during this time.


INVESTMENT MANAGEMENT CLIENT ALERT REGARDING COVID-19
Colby Jenkins and Michael Anderson
March 2020

As the COVID-19 pandemic continues to roil the global markets, private fund managers across the alternative asset spectrum (e.g., hedge, credit, private equity, etc.) have been confronted with a host of novel issues touching all aspects of their businesses. Managers should leverage historical context in communicating with their stakeholders, managing novel risks, and seizing on perceived opportunities.


Immigration Update: USCIS Reaches H-1B Cap for FY 2021
March 2020, MVA COVID-19 Resource Center

H-1B Electronic Registration Selection Process Completed U.S. Citizenship and Immigration Services (USCIS) announced that the annual limit for Fiscal Year (FY) 2021 H-1B cap-subject petitions has been met and that the lottery selection process has been completed.


Operating A Business Under North Carolina’s COVID-19 “Stay-At-Home” Order: Essential Business Designation & Reentry Certification
Tony Lathrop
March 2020, MVA COVID-19 Resource Center

At 5:00 p.m. on Monday, March 30, 2020, all citizens and businesses of North Carolina will join hundreds of millions of others in the United States that are subject to state or local government issued “stay-at-home” orders. On March 27, 2020, North Carolina Governor Roy Cooper issued a statewide stay-at-home order via Executive Order 121, “Stay-At-Home Order and Strategic Directions for North Carolina in Response to Increasing COVID-19 Cases” (Stay-At-Home Order”). The Governor stated several findings as the basis for the Order, including that 763 COVID-19 cases across 60 counties had been confirmed in the state, widespread community transmission of the virus is occurring, and local control of the emergency has been insufficient to protect the lives and property of North Carolinians.


SUMMARY OF THE CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS) TEMPORARY REGULATORY WAIVERS AND NEW RULES AFFORDING ADDITIONAL FLEXIBILITIES TO THE U.S. HEALTHCARE SYSTEM DURING THE COVID-19 PANDEMIC
Carol Ewald Bowen, Kimberly Short Kirk
March 2020

On March 30, 2020, the Centers for Medicare & Medicaid Services (CMS) issued additional broad and unprecedented regulatory waivers and new rules to enable the U.S. healthcare system to have maximum flexibility to respond to the 2019 Novel Coronavirus (COVID-19) pandemic.


SUMMARY OF THE CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS) TEMPORARY REGULATORY WAIVERS AND NEW RULES AFFORDING ADDITIONAL FLEXIBILITIES TO THE U.S. HEALTHCARE SYSTEM DURING THE COVID-19 PANDEMIC
Carol Ewald Bowen and Kimberly Short Kirk
March 2020, MVA COVID-19 Resource Center

On March 30, 2020, the Centers for Medicare & Medicaid Services (CMS) issued additional broad and unprecedented regulatory waivers and new rules to enable the U.S. healthcare system to have maximum flexibility to respond to the 2019 Novel Coronavirus (COVID-19) pandemic.


COVID 19’s Impact on Human Trafficking Proliferation
Sarah Byrne
March 2020

The most vulnerable among us who are preyed upon for the economic benefit of another -- victims of human trafficking -- just got more vulnerable. It goes without saying that this global public health and economic crisis will touch most industries and systems. Developing and maintaining an effective response to human trafficking ought to remain high priority for our government agencies, schools, healthcare workers, law enforcement, courts and financial service providers. Perpetrators may take advantage of our fragile communities and temporary processes, causing already vulnerable people to become even more susceptible to victimization. 


Immigration Update: Suspension of In-Person Services at US Immigration Offices & US Embassies Worldwide
Amanda Carrano Franklin, Stephen (Steve) M. Hader, Scott D. Syfert, Michael (Mike) E. Zeller
March 2020, MVA COVID-19 Resource Center

In an effort to help slow the spread of COVID-19, both U.S. Citizenship and Immigration Services (USCIS) and U.S. Department of State (US DOS) announced that in-person services were being temporarily suspended.


Legislative and Bank Regulatory Actions to Assist Forbearance in a Pandemic World
Ed O'Keefe and Kristina Whittaker
March 2020, MVA COVID-19 Resource Center

For the last three weeks or so, the federal and state banking agencies, collectively and individually, have, with increasing urgency, called on financial institutions to meet the financial needs of customers impacted by the COVID-19. Congress has now codified some of the guidance in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). To assist our clients in understanding the scale and scope of the regulatory actions, we describe the state of play as we know it today.


COVID-19 National and State Relief Efforts Focus on Single Family Mortgage Loans
Kate Wellman
March 2020, MVA COVID-19 Resource Center

The shuttered storefronts and grounded airplanes that by now have become an all too familiar image of the COVID-19 pandemic are quickly creating a ripple effect through the U.S. economy. As unemployment rises and Americans struggle to pay their bills, federal and state governments and agencies are rushing to provide aid to those most impacted by the virus. A key focus of those efforts has been on mortgage related relief. This article canvasses the rapidly changing regulatory environment related to single family mortgage loans and provides an overview of the relief available to homeowners at both the national and state level.


A Place for Insurance in a Global Pandemic: How Do Event Cancellation & Business Interruption Policies Apply to COVID-19?
Tony Lathrop
March 2020, MVA Litigation Blog

Charlotte Litigation Member Tony Lathrop‘s MVA Litigation Blog article titled, “A Place for Insurance in a Global Pandemic: How Do Event Cancellation & Business Interruption Policies Apply to COVID-19?” was published on March 25.


Treasury Department Publishes Proposed Rule on CFIUS Filing Fees
Elena Mitchell and Frank Schall
March 2020, MVA White Collar Defense, Investigations, and Regulatory Advice Blog

Charlotte White Collar, Regulatory Defense, and Investigations Associate Elena Mitchell and Member Frank Schall’s MVA White Collar Defense, Investigations, and Regulatory Advice Blog article titled “Treasury Department Publishes Proposed Rule on CFIUS Filing Fees” was published on March 25.


Financial Services Regulators Call for Preparedness and Flexibility in Supervised Institutions’ Responses to COVID-19
Neil Bloomfield and Kate Wellman
March 2020, MVA White Collar Defense, Investigations, and Regulatory Advice Blog

Charlotte White Collar, Regulatory Defense, and Investigations Member Neil Bloomfield and Associate Kate Wellman‘s MVA White Collar Defense, Investigations, and Regulatory Advice Blog titled “Financial Services Regulators Call for Preparedness and Flexibility in Supervised Institutions’ Responses to COVID-19” was published on March 17.


Lawsuit Debate Again Derails Wash. State Privacy Legislation
Leslie Pedernales
March 2020, Law360

Charlotte Privacy & Data Security Counsel Leslie Pedernales was quoted in the Law360 article titled, “Lawsuit Debate Again Derails Wash. State Privacy Legislation” which was published on March 13.


Never Waste a Crisis: How Coronavirus May Help Shape the LIBOR Transition
Neil Bloomfield
March 2020, MVA White Collar Defense, Investigations, and Regulatory Advice Blog

Charlotte Financial Regulatory Advice and Response Member Neil Bloomfield‘s MVA White Collar Defense, Investigations, and Regulatory Advice Blog titled “Never Waste a Crisis: How Coronavirus May Help Shape the LIBOR Transition” was published on March 13.


House Financial Services Subcommittee Tackles Trafficking Prevention in Financial Systems
Sarah Byrne
March 2020, MVA White Collar Defense, Investigations, and Regulatory Advice Blog

Charlotte Financial Regulatory Advice and Response Senior Counsel Sarah Byrne’s MVA White Collar Defense, Investigations, and Regulatory Advice blog article titled, “House Financial Services Subcommittee Tackles Trafficking Prevention in Financial Systems” was published on March 10.


Tactics to Navigate Increasing PFAS Litigation and Regulation
Mary Katherine Stukes
March 10, 2020, Bloomberg Law

Co-Author, "Tactics to Navigate Increasing PFAS Litigation and Regulation," Bloomberg Law, March 10, 2020


North Carolina State and Local Land Use Laws Under Revision to Prepare for the Future: The Charlotte UDO and NCGS §160D
Tony Lathrop
March 2020, MVA Litigation Blog

Charlotte Litigation Member Tony Lathrop‘s MVA Litigation Blog article titled, “North Carolina State and Local Land Use Laws Under Revision to Prepare for the Future: The Charlotte UDO and NCGS §160D” was published on March 6.


The Washington Privacy Act
Leslie Pedernales
February 2020, Data Points Blog

Charlotte Privacy & Data Security Counsel Leslie Pedernales’ Data Points blog article titled, “Update: The Washington Privacy Act” was published on February 18.


New Treasury Department Regulations Expand CFIUS Authority
Elena Mitchell and Frank Schall
February 2020, MVA White Collar Defense, Investigations, and Regulatory Advice Blog

Charlotte Financial Regulatory Advice and Response Associate Elena Mitchell and Member Frank Schall’s MVA White Collar Defense, Investigations, and Regulatory Advice Blog article titled, “New Treasury Department Regulations Expand CFIUS Authority” was published on February 12.


A Small Step Toward Clarity? The CFPB Issues Policy Statement on “Abusiveness” Standard
Nicole Schiavo
February 2020, MVA White Collar Defense, Investigations, and Regulatory Advice Blog

Charlotte Financial Regulatory Advice and Response Counsel Nicole Schiavo’s MVA White Collar Defense, Investigations, and Regulatory Advice Blog article titled, “A Small Step Toward Clarity? The CFPB Issues Policy Statement on “Abusiveness” Standard” was published on February 11.


An Agreement to Arbitrate Employment Claims
Tony Lathrop
February 2020, MVA Litigation Blog

Charlotte Litigation Member Tony Lathrop‘s MVA Litigation Blog articles titled, “Watch Your Language: An Agreement to Arbitrate Employment Claims Must Allow for NLRA Claims Before the NLRB” and “An Agreement to Arbitrate Employment Claims Must Also Allow for Access to Full Remedies Before the NLRB” were published on February 6.


Shedding Light (without the spotlight)
Valecia M. McDowell
January 2020, North Carolina Super Lawyers Magazine

Charlotte White Collar, Regulatory Defense and Investigations Member and Co-head Valecia McDowell was featured as the cover story of the North Carolina 2020 issue of Super Lawyers Magazine, which published in January. The feature article, “Shedding Light (without the spotlight),” discusses McDowell’s legal focus, growth as an attorney and individual, practicing as a female of color, and much more.


Assessing Distressed Acquisition Opportunities
Luis Lluberas and Gabe Mathless
January 2020, Turnaround Management Association’s Journal of Corporate Renewal

Charlotte Bankruptcy & Financial Restructuring Member Luis Lluberas and Associate Gabe Mathless published an article in the January/February issue of the Turnaround Management Association’s Journal of Corporate Renewal titled "Assessing Distressed Acquisition Opportunities."


Washington State Legislature Takes Another Shot At a Consumer Data Privacy Law
Leslie Pedernales
January 2020, Data Points Blog

Charlotte Privacy & Data Security Counsel Leslie Pedernales’ Data Points blog article titled, “Washington State Legislature Takes Another Shot At a Consumer Data Privacy Law” was published on January 22.


Myrick Quoted regarding case to be reviewed by U.S. Supreme Court
Thomas (Tom) D. Myrick
January 2020

Charlotte Litigation Member Tom Myrick was quoted in Law360 and The Charlotte Observer earlier this month.  The Charlotte Observer article entitled, “NC says it’s fighting ‘tax shelter’ for wealthy trust funds, but it’s lost at every step”, and Law360’s article entitled, “Justices To Hear State Tax Nexus Case on Beneficiary, Trust,” discuss the U.S. Supreme Court’s decision to hear the case against Kimberly Rice Kaestner’s family trust. 


Human Trafficking Awareness – What Financial Institutions Need to Know
Sarah Byrne
January 2020, MVA White Collar Defense, Investigations, and Regulatory Advice Blog

Charlotte Financial Regulatory Advice and Response Senior Counsel Sarah Byrne‘s blog titled “Human Trafficking Awareness – What Financial Institutions Need to Know” was published January 13.


Latest DOJ Spoofing Settlement
Jim McLoughlin
December 2019, MVA White Collar Defense, Investigations, and Regulatory Advice Blog

Charlotte Litigation Member Jim McLoughlin‘s MVA White Collar Defense, Investigations, and Regulatory Advice Blog article titled, “Latest DOJ Spoofing Settlement” was published on December 23.


Corporation can pursue False Claims Act suit
Thomas (Tom) D. Myrick
December 2019, Corporation can pursue False Claims Act suit

Charlotte Litigation Member Tom Myrick was quoted in the North Carolina Lawyers Weekly article “Corporation can pursue False Claims Act suit” which was published December 12. The article discusses a lawsuit is moving forward against two large healthcare organizations that allegedly terminated contracts after a group of Charlotte emergency room doctors refused to take part in a false billing scheme after a judge ruled that corporate entities have standing to bring retaliation claims for damages under state and federal False Claims Acts.


Amy Johnson profiled in Corporate Counsel Women, Influence & Power in Law 2019
Amy K. Johnson
December 2019

Financial Services Member Amy Johnson was profiled in Corporate Counsel Women, Influence & Power in Law 2019. The special report honors women who have demonstrated a commitment to advancing the empowerment of women in law.


The Status of Gender Identity and Sexual Orientation Discrimination in the Workplace
Sarah Negus
December 2019, Westlaw Journal Employment

Author, The Status of Gender Identity and Sexual Orientation Discrimination in the Workplace, Westlaw Journal Employment, December 3, 2019


The status of gender identity and sexual orientation discrimination in the workplace
Cabell Clay and Sarah Negus
December 3, 2019, Westlaw

Charlotte Litigation Member Cabell Clay and Associate Sarah Negus’s article titled, “The status of gender identity and sexual orientation discrimination in the workplace” was published by Westlaw on December 3.


H-1B lottery change may drive increase in visa applicants
Amanda Carrano Franklin
December 2019, TechTarget

Charlotte Immigration Associate Amanda Franklin was quoted in the TechTarget article titled, “H-1B lottery change may drive increase in visa applicants.”


U.S. Authorities’ Campaign Against Spoofing and Related Market Manipulation Enters a Potentially New Phase with Recent Criminal and Civil Enforcement Actions
Jim McLouglin
November 2019, MVA White Collar Defense, Investigations, and Regulatory Advice Blog

Charlotte Litigation Member Jim McLoughlin‘s blog article titled, “U.S. Authorities’ Campaign Against Spoofing and Related Market Manipulation Enters a Potentially New Phase with Recent Criminal and Civil Enforcement Actions” was published on November 6.


The Wait is Over: Proposed Regulations Implementing the CCPA are Released
Suzanne Gainey and Tandy Mathis
November 2019, Data Points Blog

Charlotte Privacy and Data Security Associate Suzanne Gainey and Counsel Tandy Mathis’ Data Points blog titled, “The Wait is Over: Proposed Regulations Implementing the CCPA are Released” was published November 1.


California Legislature Provides Relief for Businesses Processing Employee Data
Karin McGinnis
October 15, 2019, Data Points Blog

Charlotte Privacy & Data Security Member Karin McGinnis published the Data Points Blog titled, “California Consumer Privacy Act Update: California Legislature Provides Relief for Businesses Processing Employee Data”.


Fraud As An Operational Risk For Banks
Neil Bloomfield and Kristina Whittaker
October 2019, Law360

Charlotte Financial Regulatory Advice and Response Member Neil Bloomfield and Counsel Kristina Whittaker’s article titled, “Fraud As An Operational Risk For Banks” was published by Law360 on October 8.


Fraud As An Operational Risk For Banks
Neil Bloomfield and Kristina Whittaker
October 2019, Law360

Charlotte Financial Regulatory Advice and Response Member Neil Bloomfield and Counsel Kristina Whittaker’s article titled, “Fraud As An Operational Risk For Banks” was published by Law360 on October 8.