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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


A Look Under The Hood Of Independent Sponsorship In M&A
John C. Gilson, Colby B. Jenkins, Michael (Mike) Ryan Miller
February 2021, Law360

MVA Members John Gilson, Colby Jenkins, and Mike Miller co-authored the article titled, “A Look Under The Hood Of Independent Sponsorship In M&A.” The article was published by Law360 on February 18.


Healthcare: Indictment for Antitrust in Employment
Jim McLoughlin and Kristen Kenley
January 2021, MVA White Collar Defense, Investigations, and Regulatory Advice Blog

Moore & Van Allen’s (MVA) White Collar Defense, Investigations, and Regulatory Advice Member Jim McLoughlin and Associate Kristen Kenley’s blog titled, “Healthcare: Indictment for Antitrust in Employment” was published on January 25.


Amanda Franklin quoted in Hotel News Now article
Amanda Carrano Franklin
December 2020

MVA Immigration Member Amanda Franklin was quoted in the Hotel News Now article titled, “Foreign labor visa process expected to ease in 2021” which was published on December 11. This article is a follow up to the Hotel News Now article titled, “Pandemic cuts into seasonal hotels’ limited time” which was published on April 17.


Keith Smith and Kimberly Kirk’s article published by Law360
Kimberly Short Kirk, Keith A. Smith
December 2020, Law360

MVA Health Care Member Keith Smith and Senior Counsel Kimberly Kirk‘s article titled, “3 Major Issues That Will Challenge Health Care In 2021” was published by Law360 on December 8.


The Future After Forbearance: What’s Next?
Nicole Schiavo
November 2020, MVA White Collar Defense, Investigations, and Regulatory Advice Blog

MVA Financial Regulatory Advice and Response Counsel Nicole Schiavo’s MVA White Collar Defense, Investigations, and Regulatory Advice Blog article titled, “The Future After Forbearance: What’s Next?” was published on November 17.


Thomas Cooper quoted in recent Tax Notes article
Thomas A. Cooper
October 2020

MVA Estate & Wealth Transfer Attorney Thomas Cooper was recently quoted in the Tax Notes article entitled “A ‘Blue Wave’ Could Turn Carried Interest Upside Down.” Thomas is quoted regarding the future of preferential tax treatment for carried interests and other profits interests in the event of a Biden presidency and Democratic Congress.


Chris Tomlinson and Hillary May author Breach of Fiduciary Duty Q&A for Practical Law
Chris Tomlinson and Hillary May
October 2020, Practical Law

MVA Litigation Member Chris Tomlinson and Associate Hillary May‘s Q&A guide titled, “Breach of Fiduciary Duty: North Carolina” was published by Practical Law on October 20. This guide addresses the elements of a claim for breach of fiduciary duty, pleading requirements, potential remedies, defenses, applicable standards of proof and causation, and related claims that litigants often bring when asserting a breach of fiduciary duty claim.


Fall 2020 Brings Increased Regulatory Focus on Financial Institution Detection of Human Trafficking
Sarah Byrne
October 2020, MVA White Collar Defense, Investigations, and Regulatory Advice Blog

MVA Financial Regulatory Advice and Response Counsel Sarah Byrne‘s blog titled, “Fall 2020 Brings Increased Regulatory Focus on Financial Institution Detection of Human Trafficking” was published on October 21.


Thomas Cooper quoted in Tax Notes article regarding Trump Tax Returns
Thomas A. Cooper
September 2020, Tax Notes

MVA Wealth and Estate Planning Associate Thomas Cooper was quoted in a Tax Notes article titled “Trump Tax Returns Call Consulting Fees Into Question” published September 29. Thomas is quoted regarding income tax and transfer tax issues related to the New York Times’ coverage of President Trump’s tax returns.


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.


MVA Blog Posts


ADVISORY: Canada Designates Proud Boys a Terrorist Entity
Jules Carter
March 4, 2021

Summary Canada has designated the Proud Boys as a terrorist entity, meaning that banks and other financial services providers will no longer be allowed to deal with or facilitate transactions concerning property controlled by the group. The restrictions will apply…


Tandy Mathis Presenting at NCBAR Webcast on Practicing International Law in the Digital Age
Tandy Mathis
February 26, 2021

Moore & Van Allen (MVA) Senior Counsel Tandy Mathis will be presenting during the NCBAR 2021 International Practice Section Program webcast, “The World Spins Madly On: Making Sense of the Current State of International Law Practicing International Law in the…


Barbara Meeks and Jules Carter to Serve as Panelist for Lorman Webinar
Barbara Meeks
February 18, 2021

MVA Financial Regulatory Advice and Response Member Barbara Meeks and Associate Jules Carter will serve as panelists for the Lorman webinar titled, “BSA/AML Customer Identification Program and Due Diligence Basics” which will take place on March 11. This webinar will provide an overview…


Valecia McDowell highlighted by Business NC
Valecia McDowell
February 3, 2021

Moore & Van Allen (MVA) Co-head of the White Collar, Regulatory Defense & Investigations practice and member of the firm’s Management Committee, Valecia McDowell has been highlighted in the Business North Carolina article titled, “Dynamic Diversity: The Changing Look of N.C. Executive Power,” published…


Valecia McDowell Teaching 2021 Course at Duke Law
Valecia McDowell
February 2, 2021

Moore & Van Allen (MVA) Co-head of the White Collar, Regulatory Defense and Investigations practice and a member of the firm’s Management Committee, Valecia McDowell, will be teaching the LAW 832 – Internal Investigations course during the winter session for Duke…


MVA Attorneys Provide Guidance on the LIBOR Transition as Part of NCBA Webcast
Neil Bloomfield
February 2, 2021

MVA Financial Services Member Lauren Biek, Co-head of Financial Regulatory Advice and Response Neil Bloomfield, and Financial Services Counsel Ed Ivey will serve as panelists during the NCBA: The Business Lawyer as First Responder, 2021 Business Law Section Program. This live webcast will…


Ed O’Keefe to Serve as Moderator for ABCs of Banking Program
Ed O'Keefe
January 28, 2021

Moore & Van Allen (MVA) Financial Regulatory Advice and Response Member Ed O’Keefe will serve as the moderator for the panel titled, “Long-Term Effects of COVID-19 on Bank Health” during the Banking Institute Program which will take place March 18-19.  Ed’s…


HEALTHCARE: INDICTMENT FOR ANTITRUST IN EMPLOYMENT
Jim McLoughlin
January 25, 2021

By James P. McLoughlin, Jr. and Kristen Kenley.  Following quickly on our reporting on United States v. Jindal, in which the Department of Justice indicted the former executive and owner of a physical therapy business in Texas for conspiring to suppress compensation…


DEPARTMENT OF JUSTICE BRINGS FIRST SHERMAN ACT WAGE CASE AND DOES SO IN HEALTHCARE, A PRIMARY FOCUS OF THE DEPARTMENT
Jim McLoughlin
January 14, 2021

By James P. McLoughlin, Jr. and Kristen Kenley.  In December, the Department of Justice filed its first ever criminal case for price fixing of wages. DOJ indicted the owner of a physical therapist staffing company for instigating a conspiracy among physical therapy…


Election Season Special: 2021 Candidates for LIBOR Replacement
Ed Ivey
January 11, 2021

MVA Financial Services Counsel Ed Ivey‘s article titled “Election Season Special: 2021 Candidates for LIBOR Replacement” was recently published in the Futures & Derivatives Law Report, a Thomson Reuters publication. The article provides an overview and analysis regarding the various non-SOFR alternative…


The Future After Forbearance: What’s Next?
Nicole Schiavo
November 17, 2020

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) requires lenders on all government-backed loans to provide forbearance agreements on residential loan payments for a period of 180 days to any borrower that requests relief and affirms they are…


Fall 2020 Brings Increased Regulatory Focus on Financial Institution Detection of Human Trafficking
Sarah Byrne
October 21, 2020

On October 15, 2020, the Financial Crimes Enforcement Network of the U.S. Department of Treasury (FinCEN) released its Supplemental Advisory on Identifying and Reporting Human Trafficking and Related Activity (Supplemental Advisory). The last time FinCEN provided guidance on identifying trafficking…


Is There a Fix for COVID Business Interruption and Event Cancellations Losses on the Horizon?
Tony Lathrop
August 17, 2020

The losses sustained by American businesses in the wake of the COVID-19 pandemic will be measured at a level that may never be seen again in our lifetime. On July 30th, the U.S. Bureau of Economic Analysis issued an advance…


Another major setback for EU-U.S. data transfer in “Schrems II”
Suzanne Gainey
July 24, 2020

On July 16, 2020, the Court of Justice of the European Union (“CJEU”) issued its judgment in the “Schrems II” case, cautiously upholding Standard Contractual Clauses (SCCs) and invalidating the popular EU-U.S. Privacy Shield.  The judgment is the second major…


New Treasury Department Regulations Modify Mandatory Filing Requirements for Critical Technology Businesses
Elena Mitchell
June 17, 2020

By: Elena F. Mitchell and Frank Schall. The U.S. Department of the Treasury (“Treasury”) recently published a proposed rule that would modify the mandatory filing requirements in place throughout the pilot program for certain foreign investment transactions subject to review…


Pandemic Risk Insurance Act of 2020 Introduced in Congress – A Federal Backstop for Business Interruption and Event Cancellation Losses
Tony Lathrop
June 4, 2020

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…


North Carolina Considering COVID-19 Workers’ Compensation Expansion for Frontline and Essential Workers
Tony Lathrop
May 22, 2020

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…


Modern Slavery Statement Guidance – Note to Financial Institutions
Sarah Byrne
May 11, 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…


Mandated Coverage and Public-Private Risk Sharing Initiatives Under Consideration for COVID-19 Related Business Interruption Losses
Tony Lathrop
May 7, 2020

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…


COVID-19 Business Interruption Insurance Litigation Proliferates
Tony Lathrop
May 7, 2020

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. Now,…


Treasury Department Publishes Interim Final Rule Implementing CFIUS Filing Fees
Elena Mitchell
April 30, 2020

By: Elena F. Mitchell and Frank Schall. 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…


BEWARE COMPROMISED BUSINESS EMAIL . . . AND THE LITIGATION THAT FOLLOWS
Chris Tomlinson
April 30, 2020

*By Chris Tomlinson, Bill Butler, & Jim McLoughlin.  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…


BEWARE COMPROMISED BUSINESS EMAIL . . . AND THE LITIGATION THAT FOLLOWS
Chris Tomlinson
April 30, 2020

*By Chris Tomlinson, Bill Butler, & Jim McLoughlin.  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…


Retooling Your Business for COVID-19: Product Liability Immunity & Insurance for Manufacturing Pandemic Products
Tony Lathrop
April 9, 2020

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…


State Legislators Seek to “Rewrite” Insurance Policies, Requiring Coverage of COVID-19 Business Interruption Losses
Tony Lathrop
April 2, 2020

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…


28 U.S.C § 1782(a) – Obtaining Information in Aid of International Private Arbitration from U.S. Federal Courts
Jim McLoughlin
April 1, 2020

Servotronics, Inc., v. The Boeing Company, 2020 U.S. App. LEXIS 9872, Case No. 18-2454 (4th Cir.  March 30, 2020) (Opinion by Neimeyer, J.) In noteworthy endorsement of international arbitration, in its Servotronics, Inc. decision published March 30, 2020, the U.S.…


Legislative and Bank Regulatory Actions to Assist Forbearance in a Pandemic World
Kristina Whittaker
March 30, 2020

By Kristina Whittaker and Ed O’Keefe.  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…


Operating A Business Under North Carolina’s COVID-19 “Stay-At-Home” Order: Essential Business Designation & Reentry Certification
Tony Lathrop
March 30, 2020

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,…


COVID-19 National and State Relief Efforts Focus on Single Family Mortgage Loans
Kate Wellman
March 28, 2020

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,…


Treasury Department Publishes Proposed Rule on CFIUS Filing Fees
Elena Mitchell
March 25, 2020

By: Elena F. Mitchell and Frank Schall.  Further implementing the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA“), the U.S. Department of the Treasury recently published a proposed rule to establish filing fees for parties filing voluntary notices of…


A Place for Insurance in a Global Pandemic: How Do Event Cancellation & Business Interruption Policies Apply to COVID-19?
Tony Lathrop
March 25, 2020

It is an understatement to say that the foothold the 2019 Novel Coronavirus (COVID-19) has gained in the U.S. and resulting government mandates have developed at a rapid pace. Two weeks ago, companies were open for business, but were well…


Financial Services Regulators Call for Preparedness and Flexibility in Supervised Institutions’ Responses to COVID-19
Kate Wellman
March 17, 2020

By Kate Wellman and Neil Bloomfield. As COVID-19 continues to spread globally, U.S. financial services regulators have released guidance to their supervised institutions to encourage proactive planning for what may be months of sustained impact to business infrastructure and the…


Never Waste a Crisis: How Coronavirus May Help Shape the LIBOR Transition
Neil Bloomfield
March 13, 2020

The transition away from LIBOR was born from the financial crisis.  For years regulators have been pushing for an alternative to the dominant market benchmark.  The underlying market was illiquid.  The rate was set by opinion, not transactions.  It was…


A Time of Testing – What Lawyers Can Do
Ed O'Keefe
March 12, 2020

A black swan has arrived – the Pandemic of 2020 and with it a bear market. As with previous black swan events, experts and leaders are in learning mode, with the facts and events evolving hourly. As my financial advisor…


House Financial Services Subcommittee Tackles Trafficking Prevention in Financial Systems
Sarah Byrne
March 10, 2020

Last week, the House Financial Services Committee Subcommittee on National Security, International Development and Monetary Policy held a hearing on transnational trafficking networks and illicit finances.  Titled “The Traffickers’ Roadmap: How Bad Actors Exploit Financial Systems to Facilitate the Illicit…


North Carolina State and Local Land Use Laws Under Revision to Prepare for the Future: The Charlotte UDO and NCGS §160D
Tony Lathrop
March 6, 2020

Over the course of the last several years, we have seen movement at the state and local levels to revamp land use laws to prepare North Carolina for the future. Population growth in North Carolina has outpaced the nation during…


Valecia McDowell and Ed O’Keefe to Serve as Panelists for 2020 SIFMA C&L Annual Seminar
Neil Bloomfield
February 27, 2020

Charlotte White Collar, Regulatory Defense and Investigations Member Valecia M. McDowell and Financial Regulatory Advice and Response Member Edward O’Keefe will both serve as speakers at the 2020 SIFMA C&L Annual Seminar.


Update: The Washington Privacy Act
Leslie Pedernales
February 18, 2020

For more background on the Washington Privacy Act, see: Washington State Legislature Takes Another Shot At a Consumer Data Privacy Law (DataPoints, 1/22/2020) Senate Bill 6281, the Washington Privacy Act, passed out of the Senate on February 14 and moved…


Sarah Byrne featured in Charlotte Magazine for role in Human Trafficking Pro Bono Project
Sarah Byrne
February 14, 2020

MVA’s Human Trafficking Pro Bono Project Leader, Sarah Byrne and her fight for victims of human trafficking was highlighted by Charlotte Magazine. The article titled, “Charlotte Attorney Sarah Byrne on Fighting for Victims of Human Trafficking” was published on February…


New Treasury Department Regulations Expand CFIUS Authority
Elena Mitchell
February 12, 2020

By: Elena F. Mitchell and Frank Schall.  The U.S. Department of the Treasury recently published final regulations to further implement the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA“) and to better address national security concerns resulting from certain…


A Small Step Toward Clarity? The CFPB Issues Policy Statement on “Abusiveness” Standard
Nicole Schiavo
February 11, 2020

On January 24, 2020 the CFPB issued a long-awaited policy statement about the meaning of “abusiveness” in the Bureau’s frequently-used enforcement weapon, 1031(d) of the Dodd-Frank Act, commonly referred to as UDAAP.  Unlike the standards for unfairness and deceptiveness (the…


An Agreement to Arbitrate Employment Claims Must Also Allow for Access to Full Remedies Before the NLRB
Tony Lathrop
February 6, 2020

In a separate post, we discussed several cases decided by the National Labor Relations Board (NLRB) in which the Board invalidated agreements requiring employees to arbitrate employment-related claims due to vague language that did not make it clear that employees…


Watch Your Language: An Agreement to Arbitrate Employment Claims Must Allow for NLRA Claims Before the NLRB
Tony Lathrop
February 6, 2020

The U.S. Supreme Court settled the long-standing dispute regarding the viability of class arbitration waivers in employment contracts with its determination in Epic Systems Corp. v. Lewis, 584 U. S. ____ (2018) that they indeed are enforceable, contrary to the…


Washington State Legislature Takes Another Shot At a Consumer Data Privacy Law
Leslie Pedernales
January 22, 2020

Following an unsuccessful attempt last year at passing a comprehensive data privacy bill, the Washington State Legislature is hoping the second time’s the charm. Senate Bill 6281, this session’s updated version of The Washington Privacy Act, is based on the…


Schrems II Opinion Casts Doubt on EU-US Data Protection Rules
Karin M. McGinnis
January 13, 2020

Facebook is at the center of the “Schrems” case, which exposed contradictions between U.S. and EU data privacy rules and toppled the U.S./EU Safe Harbor (Schrems I). In Schrems II, Austrian Max Schrems challenges the adequacy of standard contractual clauses…


Human Trafficking Awareness  – What Financial Institutions Need to Know
Sarah Byrne
January 13, 2020

Anti-Money Laundering and Know Your Customer departments at financial institutions are on the front lines of human trafficking.  Not only does enhanced transaction monitoring help law enforcement identify trafficking circumstances through generation of Suspicious Activity Reports but it helps avoid…


Latest DOJ Spoofing Settlement
Jim McLoughlin
December 23, 2019

On November 6, 2019, the Fraud Section of the Department of Justice with the Office of the U.S. Attorney for the Southern District of Texas, and the CFTC, announced settlements of their spoofing and market manipulation investigations of Tower Research…