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Keith Smith’s move to MVA highlighted by Law360
(June 2020)

Keith Smith’s move to MVA has been highlighted by the Law360 article titled, “Moore & Van Allen Nabs Ex-Atrium Health GC” which was published on June 26.


Mike Miller and Kathryn Hesman article published by Law360
(June 2020)

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.


MVA joins the Law Firm Antiracism Alliance
(June 2020)

Moore & Van Allen (MVA) is one of over 125 law firms that have joined the Law Firm Antiracism Alliance (LFAA) as of June 23. LFAA is a coalition of firms that will work with other organizations that are uniting to identify and dismantle systemic racism in the law and in government institutions. MVA is the only North Carolina based law firm to initially sign-on to the effort.


White House Further Restricts U.S. Immigration in Response to COVID-19
(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.


Keith Smith Joins Moore & Van Allen’s Health Care Team
Former Atrium Health General Counsel Brings Over Two Decades of Health Care Experience, (June 2020)

Moore & Van Allen PLLC is pleased to announce that Keith A. Smith will be joining the Firm’s Health Care Team as a Member on September 1, 2020.  A highly regarded health care lawyer, Smith is the former executive vice president and general counsel of Atrium Health, where he worked for 22 years.


MVA IP team and attorneys recognized in IAM Patent 1000
(June 2020)

Moore & Van Allen has once again been recognized in the ninth edition of IAM Patent 1000: The World’s Leading Patent Professionals, a unique guide that identifies the top patent professionals in key jurisdictions around the globe. Charlotte members Chris Knors, Dick Lupo, Kevin Ransom, Todd Taylor, Henry Ward and Mark Wilson were listed as recommended attorneys in their respective practice areas.


MVA White Collar Defense, Investigations, and Regulatory Advice Blog: New Treasury Department Regulations Modify Mandatory Filing Requirements for Critical Technology Businesses
(June 2020)

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.


Mike Miller quoted in CBJ article regarding PPP changes
(June 2020)

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.


Zach Smith guest speaker for ABI podcast
(June 2020)

Charlotte Bankruptcy & Restructuring Member and Team Leader Zach Smith was invited as a guest speaker for the American Bankruptcy Institute (ABI) podcast, “Examining Supreme Court Decision on Puerto Rico Oversight and Management Board - Ep. 238” which aired on June 15.


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

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.


Moore & Van Allen Welcomes Mary Katherine Stukes
Stukes to Co-Head the Firm’s Environmental Practice, (May 2020)

Moore & Van Allen PLLC is pleased to announce that Mary Katherine Stukes has joined the Firm’s Litigation Group. Stukes joined the Firm as a Member and will serve as the Co-Head of the Firm’s Environmental Practice. A highly regarded environmental lawyer, Stukes advises manufacturing, real estate, financial services, and commercial clients on environmental issues in all types of business transactions and represents a wide variety of clients in environmental litigation, permitting, regulatory compliance, and remediation issues.


Mike Miller Quoted on Paycheck Protection Program Forgiveness Considerations
(May 2020)

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
(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.


22 MVA Attorneys Named to the 2019 NC Pro Bono Honor Society
(May 2020)

Congratulations to the following 22 Moore & Van Allen attorneys who have completed 50 or more hours of pro bono legal services in 2019 and are members of the 2019 NC Pro Bono Honor Society.


North Carolina Considering COVID-19 Workers’ Compensation Expansion for Frontline and Essential Workers

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.


Caitlin Horne serves as speaker for 32nd Annual RPTE National Conference
(May 2020)

Charlotte Estate & Wealth Planning Associate Caitlin Horne presented at the ABA 32nd Annual RPTE National CLE Conference, The Virtual Experience 2020 on May 14. Horne joined the virtual panel discussion for the topic “Tax Planning for Closely-Held Business Interests Before a Liquidity Event.” This presentation discussed a range of tax planning strategies to raise with clients before a sale or IPO of a closely-held business.


Modern Slavery Statement Guidance – Note to Financial Institutions

Charlotte Financial Regulatory Advice and Response Senior Counsel Sarah Byrne’s MVA White Collar Defense, Investigations, and Regulatory Advice blog article titled,” Modern Slavery Statement Guidance – Note to Financial Institutions “ was published on May 11.


COVID-19 Business Interruption Insurance Litigation Proliferates

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, dozens of lawsuits have been filed across the nation, including several class actions, and legislation is circulating at the federal (and international) level proposing to provide a backstop to private insurers who pay out to policy holders.


Mandated Coverage and Public-Private Risk Sharing Initiatives Under Consideration for COVID-19 Related Business Interruption Losses

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.


Jim McLoughlin and Bill Butler’s article published by Bloomberg Law
(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

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.


Moore & Van Allen attorneys ranked in Managing IP
(May 2020)

Moore & Van Allen was named one of North Carolina’s leading intellectual property firms in Managing Intellectual Property’s edition of IP Stars, a legal directory that provides state-by-state analysis of the nation’s IP market.  The firm’s Intellectual Property practice received a “Recommended” ranking.  Additionally, the following Charlotte Intellectual Property Members were recognized as “IP Stars.”


MVA White Collar Defense, Investigations, and Regulatory Advice Blog: Treasury Department Publishes Interim Final Rule Implementing CFIUS Filing Fees
(May 2020)

Charlotte White Collar, Regulatory Defense, and Investigations Member Frank Schall and Associate Elena Mitchell’s MVA White Collar Defense, Investigations, and Regulatory Advice Blog article titled, “Treasury Department Publishes Interim Final Rule Implementing CFIUS Filing Fees” was published on April 30.


Forgiveness is Divine: Insight for PPP Borrowers to Maximize Loan Forgiveness

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”).


U.S. Immigration COVID-19 April Roundup

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

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

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

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.


Three Moore & Van Allen Attorneys Recognized by South Carolina Super Lawyers
South Carolina Super Lawyers, (April 2020)

Moore & Van Allen PLLC is pleased to announce that two Charleston office members have been selected to the 2020 South Carolina Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.


Carolyn Meade’s article published in Law360
Law360, (April 2020)

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


CMS ANNOUNCES REEVALUATION OF ACCELERATED PAYMENT PROGRAM PAYMENTS; SUSPENDS ADVANCE PAYMENTS TO PART B SUPPLIERS

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. 


GENERAL GUIDANCE ON LEGAL ISSUES RELATED TO COVID-19 AND PRIVACY AND DATA SECURITY FOR U.S. COMPANIES[1]

With the significant recent healthcare, employment and financial services legislation arising out of the COVID-19 pandemic, and the almost daily updates and guidance, the sea-change in privacy and data security law of the past few years seems like a distant memory.  There are, however, a number of important privacy and data security issues of which U.S. companies should be aware, particularly in the areas of employment, compliance with security standards, and vendor management.   The following shares guidance and insight into common issues that can arise.


Treasury Department Again Issues New Guidance on PPP Loan “Necessary to Support Ongoing Operations” Certification

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”). 


Chambers & Partners Recognizes Moore & Van Allen Attorneys and Practices in 2020 USA Guide
(April 2020)

Moore & Van Allen is pleased to announce that Chambers & Partners has ranked eight firm practice groups and 25 firm attorneys in the 2020 edition of its legal directory Chambers USA: America’s Leading Lawyers for Business released on April 23.


Amanda Franklin quoted in Hotel News Now article
Hotel News Now, (April 2020)

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.


The Pandemic Impact on Transportation Funding

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.


Jim McLoughlin’s article published by Law360
Law360, (April 2020)

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)

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.


Retooling Your Business for COVID-19: Product Liability Immunity & Insurance for Manufacturing Pandemic Products

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. The U.S. Food and Drug Administration recently issued guidance described as a “boost” that will help address manufacturing limitations and supply shortages by allowing medical device makers to make changes to products more easily and other types of manufacturers “such as auto makers [to] more easily repurpose production lines to help increase supply.”


Estate Planning and the Coronavirus
(April 2020)

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.  


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

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

Colleagues, I hope you and your families continue to be safe.  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. 


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

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

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

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

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.


Karin McGinnis served as a guest speaker for IAPP Charlotte KnowledgeNet Chapter program
(April 2020)

Charlotte Privacy and Data Security Member Karin McGinnis served as a guest speaker for the IAPP Charlotte KnowledgeNet Chapter program titled, "COVID-19: Employment Privacy and Security Issues" on April 1. During this virtual meeting which was hosted by Charlotte Privacy and Data Security Counsel Tandy Mathis, McGinnis joined other data security and privacy experts discussing how to enable employee social distancing with secure work-from-home capabilities, but keep threats at bay. This meeting also discussed both the U.S. and global perspectives on employee health and privacy considerations regarding health screening, pre-screening before return to work, geolocation tracking and geofencing for contagion management. ​


MVA ranked largest North Carolina law firm
(April 2020)

Moore & Van Allen has ranked in the number one spot for largest law firms in North Carolina by the Triad Business Journal’s “Top of the List: N.C. Law Firms” list. MVA is number one with 293 attorneys practicing in the state of North Carolina. 


Guidance and Legislation regarding patient information protections during the COVID-19 nationwide public health emergency

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.


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

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.


State Legislators Seek to “Rewrite” Insurance Policies, Requiring Coverage of COVID-19 Business Interruption Losses

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. On March 27, 2020, the federal government passed an unprecedented $2 trillion stimulus package aimed at stemming some of the damage. State legislators also are taking steps to address mitigation of business losses, including attempts to remove obstacles for businesses to collect under business interruption insurance policy provisions.


ESSENTIAL INFORMATION IMPACTING U.S. IMMIGRATION DURING THE COVID-19 EMERGENCY
(March 31, 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

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.


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

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.


A message from Moore & Van Allen in response to COVID-19
(March 2020)

Moore & Van Allen faces the current challenges posed by the COVID-19 outbreak in solidarity with you - our clients and our communities. MVA lawyers, professionals and staff are here to support you during this time and remain committed to your success and well-being.     The Firm is following recommendations from the U.S. Centers for Disease Control and Prevention (CDC), the World Health Organization, as well as our state and local authorities to protect our employees, their families and our clients. We have implemented our Business Continuity Plan, which includes regular meetings of an interdisciplinary team to ensure we can continue to support the needs of our clients. We are also equipped with secure and sophisticated technological resources to allow for seamless remote working as needed and appropriate.  As we continue to monitor for risk in this evolving environment, we want to reiterate our commitment to our people, communities and clients. If you seek assistance in your own responses or preparations, or otherwise, we are prepared to support your needs.  Tom Mitchell Chairman Moore & Van Allen


COVID 19’s Impact on Human Trafficking Proliferation
(March 29, 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: USCIS Reaches H-1B Cap for FY 2021
(March 2020)

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

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. Accordingly, residents statewide have been ordered to stay in their homes, except to engage in essential activities and governmental operations, and to access essential businesses and operations. All non-essential businesses are required to cease operations. The statewide order will work in conjunction with any local orders that have been issued by cities and counties in North Carolina, and it explicitly permits local jurisdictions to impose greater restrictions consistent with authority under North Carolina law if deemed necessary.


Legislative and Bank Regulatory Actions to Assist Forbearance in a Pandemic World
(March 29, 2020)

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

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.


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

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.


MVA White Collar Defense, Investigations, and Regulatory Advice Blog: Treasury Department Publishes Proposed Rule on CFIUS Filing Fees
(March 2020)

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.


Immigration Update: Suspension of In-Person Services at US Immigration Offices & US Embassies Worldwide
(March 2020)

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.


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

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.


Leslie Pedernales quoted in Law360 article
(March 2020)

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.


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

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.


Immigration Update: Travel Ban - Europe to U.S.

COVID-19 (Novel Coronavirus) Travel Ban - European Schengen Region On March 11, 2020, by Presidential Proclamation, President Trump ordered the suspension of travel to the U.S. from the Schengen region. This travel ban is effective on March 13, 2020 at 11:59 Eastern Daylight Time.


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

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.


Anne Kelley Russell’s article published in South Carolina Lawyer magazine
South Carolina Lawyers, (March 2020)

Charleston Estate & Wealth Planning Team member Anne Kelley Russell’s article titled, “From This Day Forward, The Abolishment of Common-Law Marriage in South Carolina” was published in the March issue of South Carolina Lawyer.


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

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.


Ernie Reigel named board of directors member for the Truist Foundation
(March 2020)

Charlotte Corporate Member and former MVA Chairman Ernie Reigel has been named a board of directors member for the Truist Foundation.  Along with key leaders from the heritage organizations of BB&T and SunTrust, Ernie is one of three outside community members that will be sitting on the board. The Truist Foundation has assembled a strong board of directors with valuable leadership experience, diverse perspectives and commitment to community engagement.  


Valecia McDowell and Ed O’Keefe serve as panelists for 2020 SIFMA C&L Annual Seminar
(February 2020)

Charlotte White Collar, Regulatory Defense and Investigations Member Valecia McDowell and Financial Regulatory Advice and Response Member Ed O'Keefe will both serve as speakers at the SIFMA C&L Annual Seminar which takes place March 15-18 in Orlando, FL. McDowell will serve as a panelist for the session titled "Litigating with Current Employees: Risks, Strategies and Best Practices." O'Keefe joins as a panelist for the session titled "Digital Services Platforms: Compliance & Legal Challenges."


Moore & Van Allen Attorney Lesley A. Firestone Named to Charleston Regional Business Journal Forty Under 40 List
(February 2020)

Moore & Van Allen PLLC (MVA) is pleased to announce that environmental attorney and litigator Lesley A. Firestone has been selected as one of Charleston Regional Business Journal’s 2020 Forty Under 40 winners. This year’s class of honorees will be formally recognized during an awards event on April 29, as well as with a special feature in the April 20 edition of the Charleston Regional Business Journal.


Don Meyer to serve as speaker for 2020 AMGLR Retreat
(February 2020)

Charleston Health Care Member Don Meyer has been invited to speak at the 2020 The Academic Medical Group Leadership Roundtable (AMGLR) Retreat in Scottsdale, AZ on March 20. Meyer will speak on the topics:  Joint Operating Agreements, Clinical Services/Coverage Agreements & JVs: current landscape on regulatory environment and compensation methodologies; Stark Law for the Better.


Anne Kelley Russell presenter for Charleston Estate Planning Council CLE
(February 2020)

Charleston Estate & Wealth Planning Team member Anne Kelley Russell presented to the Charleston Estate Planning Council on February 20th. The CLE entitled, “Setting Every Community Up for Retirement Enhancement (SECURE) Act:  Planning for the End of the Stretch IRA,” centered around the recently passed SECURE Act and how it will affect clients’ retirement accounts during the account owner’s life and at death.


Anne Kelley Russell panelist for ABA Real Property, Trust and Estate e-CLE
(February 2020)

Charleston Estate & Wealth Planning Team member Anne Kelley Russell will serve as a panelist for the American Bar Association (ABA) Real Property, Trust and Estate Law Section e-CLE entitled:  The SECURE Act:  Planning for the End of the Stretch IRA, which is being held on February 25.


MVA hosted Page One eDiscovery Roundtable
(February 2020)

MVA was proud to host the Page One eDiscovery Roundtable event that was held on February 18. Charlotte Discovery Counsel Courtney Duncil helped facilitate the roundtable that was presented by Brian Kuklick, Senior eDiscovery Consultant with Page One. The discussion focused on the following topics: GDPR, Data Privacy, CCPA, privilege logs, comparison of eDiscovery platforms, technology assisted review, project management software and mitigating costs associated with third party subpoenas.


Data Points Update: The Washington Privacy Act
(February 2020)

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


Leslie Pedernales serves as judge at the Diversity Moot Court Competition
(February 2020)

Public Affairs Counsel Leslie Pedernales served as a semi-final round judge for the Twelfth Annual First Amendment and Media Law Diversity Moot Court Competition on February 6th during the American Bar Association’s Twenty Fifth Annual Forum on Communications Law Conference in Austin, TX. The Competition is sponsored by the Forum and is designed to expose diverse law students to the practice of media law, a rapidly evolving field with great opportunity for inventive young thinkers.


Karin McGinnis will serve as panelist for WSJ Pro Cybersecurity Symposium
(February 2020)

Charlotte Privacy & Data Security Member Karin McGinnis will serve as a panelist for the WSJ Pro Cybersecurity Symposium which will take place March 9 in Charlotte, NC. The WSJ Pro Cybersecurity Symposium will highlight presentations and panels moderated by Wall Street Journal editors and journalists in which experts in cybersecurity and business will share their insights and experiences on how to start understanding your cyber risk, what to do if you’re hacked, where to find cost-effective cybersecurity, how to give large-company partners confidence in your cybersecurity, and more.


MVA hosted Association of Corporate Counsel (ACC) Program
(February 2020)

MVA hosted the Association of Corporate Counsel (ACC) program on February 13 titled, "Mischief Managed: Best Practices in Developing a Crisis Response Program". Charlotte Privacy & Data Security Members Karin McGinnis and Todd Taylor joined other legal and industry experts to present the best practices in both (a) the development of a cyber/data security crisis response program, and (b) implementing that program when faced with a cyber/data security incident.


MVA hosted State of Charlotte with Michael Smith
(February 2020)

MVA’s Young Professionals group hosted Charlotte Center City Partners President and CEO, Michael Smith for a seminar luncheon on February 12. The seminar discussed the current state of Charlotte and the outlook for 2020. Charlotte Center City Partners is an organization that envisions and carries out strategies to improve the economic, social and cultural development of Charlotte’s center city.


Sarah Byrne featured in Charlotte Magazine for role in Human Trafficking Pro Bono Project
(February 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 13.


Hanks, Ward, Wilson and MVA Receive WTR 1000 Recognition
(February 2020)

MVA Intellectual Property Members Arlene Hanks, Henry Ward and Mark Wilson received World Trademark Review 1000 (WTR 1000) recognition. Additionally, MVA’s Intellectual Property practice was recognized as one of six recommended North Carolina trademark practices. Now in its tenth year, the WTR 1000 research directory, which focuses exclusively on trademark practices and practitioners, has firmly established itself as the definitive ‘go-to’ resource for those seeking world-class legal trademark expertise. As with previous editions, to arrive at the 2020 rankings, World Trademark Review undertook an exhaustive qualitative research project to identify the firms and individuals that are deemed outstanding in this critical area of practice.


MVA White Collar Defense, Investigations, and Regulatory Advice Blog: New Treasury Department Regulations Expand CFIUS Authority
(February 2020)

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.


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

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.


MVA ranked Charlotte's largest law firm and firm with the most Women Attorneys
(February 2020)

Moore & Van Allen once again tops the most recent Charlotte Business Journal’s annual “Charlotte's Largest Law Firms" list, with 293 attorneys in its Charlotte office. MVA also tops the list for the most female attorneys in its local office with 104, up from 84 on last year’s list. That number includes 18 partners where 35% of the firm’s local attorneys are women and 15% are partners.


MVA Litigation Blog: An Agreement to Arbitrate Employment Claims
(February 2020)

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.


As Human Trafficking Awareness Month Comes to a Close, MVA Makes its Mark
(January 2020)

The MVA Human Trafficking Pro Bono Project had a busy month raising awareness by training hundreds of professionals and onboarding a dozen new client matters. Project leader Sarah Byrne partnered with the U.S. Attorney’s Office for the Western District of N.C. to train a multidisciplinary audience of law enforcement, tribal leadership and service providers in Cherokee, NC. Byrne also presented on “Human Trafficking – What Financial Institutions Can Do” at the Carolinas Credit Union League BSA/AML Conference.


Valecia McDowell featured on cover of 2020 North Carolina Super Lawyers Magazine
(January 2020)

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.


MVA attending the ESOP Association’s Professionals’ Forum
(January 2020)

Charlotte Global Services Member Mike Zeller, Employee Benefits Member Danny Johnson, Litigation Member Mark Nebrig, Global Services Associate Michael Tarwater Jr., Employee Benefits Senior Counsel Beth Yount Grimes and Litigation Associate Kristen Kenley will attend the ESOP Association’s Professionals’ Forum in New Orleans next week.


MVA Ranked at the Top in Refinitiv Law Firm League Tables for Syndicated Loans
(January 2020)

Moore & Van Allen has again been ranked as a top legal adviser on syndicated loans. The firm's Finance team ranked in the top tier of Refinitiv Loan Pricing Corporation’s (LPC) full year 2019 U.S. Law Firm League Tables for representing Lead Arrangers on syndicated loan transactions.


Moore & Van Allen members Joseph Fernandez and Valecia McDowell named to Lawyers of Color Power List
(January 2020)

Moore & Van Allen PLLC (MVA) is pleased to announce that members Joseph (Joe) A. Fernandez and Valecia M. McDowell have been named to Lawyers of Color’s fifth Power List, which is presented with the support of the Diverse Partners Network. Honorees will be formally recognized at a reception in Washington, D.C. on February 26 and also profiled in Lawyers of Color’s forthcoming Power Issue.


Member Kate Cole named a Women in Business Achievement Award winner
(January 2020)

Moore & Van Allen PLLC (MVA) is pleased to announce that Member Kate G. Cole has been selected as one of the Charlotte Business Journal’s 2020 Women in Business Achievement Award winners. The 2020 class of honorees will be formally recognized during an awards event on February 24, as well as with special print and online features.


Data Points: Washington State Legislature Takes Another Shot At a Consumer Data Privacy Law
(January 2020)

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.


Luis Lluberas and Gabe Mathless publish article in Turnaround Management Association’s Journal of Corporate Renewal
(January 2020)

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. Their article focuses on one sliver of the distressed investment market— acquisitions of distressed operating businesses—and identifies various issues unique to such investments that investors, regardless of their experience, should consider as they assess available opportunities.


MVA Charleston Attorneys served as speakers for the 2020 South Carolina Bar Convention
(January 2020)

Charleston Environmental Team members Elizabeth Applegate Dieck, Associate Lesley Firestone and Charleston Estate & Wealth Planning Team member Anne Kelley Russell served as speakers at the 2020 South Carolina Bar Convention on January 24.


Valecia McDowell serves as panelist for All-Star Trial Advocacy 2020
(January 2020)

Charlotte White Collar, Regulatory Defense and Investigations Member Valecia McDowell will serve as a panelist for the Mecklenburg County Bar All-Star Trial Advocacy 2020 program which takes place Tuesday, February 11. This event will feature NC Supreme Court Chief Justice Cheri L. Beasley and Kim Motley. McDowell will join Kearns Davis for the segment titled “Developing Your Case Story.” The event will also include discussions on topics: Ethics, Professionalism, and Modernizing Our State Court System; Advocating for the Oppressed in a Lawless Society; Cross-Examination Tips and Tricks; Advancing Your Theme in Cross Exam; and Tying Your Case Theme Into Opening Statements and Closing Arguments.


Thirty Moore & Van Allen attorneys recognized by Super Lawyers
(January 2020)

Moore & Van Allen PLLC (MVA) is pleased to announce that 23 attorneys have been named to the 2020 North Carolina Super Lawyers list and seven attorneys were named to the 2020 North Carolina Rising Stars list. Additionally, members Valecia McDowell and Karin McGinnis were named to the “Top 50” list of Women North Carolina Super Lawyers, and McDowell was named to the “Top 25” list of Charlotte Super Lawyers and the “Top 100” list of North Carolina Super Lawyers. The lawyer rating service will publish this year’s survey findings in both North Carolina Super Lawyers Magazine and Charlotte magazine in February.


Moore & Van Allen holds second annual Diversity Conference
(January 2020)

On Friday, January 17, Moore & Van Allen had the opportunity to welcome 20 outstanding first-year law students from across the country as part of the firm’s second annual Diversity Conference.


MVA ranked Best Place to Work for LGBTQ Equality
(January 2020)

Moore & Van Allen has been ranked Best Place to Work for LGBTQ Equality by the Human Rights Campaign Foundation for 2020. The firm received its final rating for the 2020 Corporate Equality Index and achieved a perfect score of 100 which earned the honored designation. Human Rights Campaign Foundation's 2020 Corporate Equality Index is the national benchmarking tool on corporate policies and practices pertinent to lesbian, gay, bisexual, transgender and queer employees. MVA is one of 686 major businesses, spanning nearly every industry and geography, to have earned a top score of 100 percent and the distinction of "Best Places to Work for LGBTQ Equality."


Valecia McDowell served as panelist for Women’s Nonprofit Board Leadership Forum
(January 2020)

Charlotte White Collar, Regulatory Defense and Investigations Member Valecia McDowell served as a panelist for the Women’s Nonprofit Board Leadership Forum which took place Monday, January 13. This event was hosted by the Mecklenburg County Bar and the Junior League of Charlotte. The two-hour CLE was designed for the aspiring, new or seasoned nonprofit leader and explored best practices for charitable organizations to unlock the full potential of their boards of directors.


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

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.


Moore & Van Allen Secures $2.5 Million Jury Verdict
(January 2020)

Moore & Van Allen PLLC (MVA) is pleased to announce that on December 11, 2019, following a two-week trial, a jury in the North Carolina Business Court awarded its client, W. Avalon Potts, $2.5 million, including $500,000 in punitive damages. This win thereby earned Potts ownership and management of Steel Tube, Inc. (STI), one of the largest carbon steel and galvanized steel tubing manufacturers in the southeastern U.S.


Nader Raja selected for Wells Fargo Legal Department’s 2020 Charlotte Diversity College
(January 2020)

Charlotte Litigation Member Nader Raja is one of ten diverse attorneys that have been selected for inclusion to the Wells Fargo Legal Department’s 2020 Charlotte Diversity College. The individuals selected are experienced and successful attorneys who have been with their respective firm for five or more years. The program is designed to introduce individuals to Wells Fargo, its business operations, legal support needs and leadership teams.


Moore & Van Allen elevates four attorneys to firm membership
(January 2020)

Moore & Van Allen PLLC (MVA) is pleased to announce that the following four attorneys have been elected as the firm’s newest members: Amanda Carrano Franklin, Andrew R. Price, Nader S. Raja and Nick C. Russell. Their new designation went into effect on January 1, 2020. All four attorneys are based in Charlotte.


MVA Attorneys recognized by Business North Carolina's 2020 Legal Elite
Business North Carolina, (January 2020)

Moore & Van Allen is pleased to announce that 11 attorneys were included in Business North Carolina magazine’s Legal Elite.


MVA White Collar Defense, Investigations, and Regulatory Advice Blog: Latest DOJ Spoofing Settlement
(December 23, 2019)

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.


Paul Arena presented for Pinnacle Bank
(December 2019)

​On November 21, Charlotte Real Estate Counsel Paul Arena gave a presentation at Pinnacle Bank's corporate headquarters in Nashville, Tennessee about reverse tax-deferred exchanges under Section 1031 of the Internal Revenue Code.


Tom Myrick quoted in North Carolina Lawyers Weekly
(December 2019)

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.


MVA advises George Sink, P.A. Injury Lawyers
South Carolina Lawyers Weekly, (December 2019)

A trademark lawsuit involving MVA’s client George Sink, P.A. Injury Lawyers, the well-known personal injury law firm founded by George Sink, Sr., was recently covered by South Carolina Lawyers Weekly. The article discusses how MVA attorneys were successful in securing injunctive relief from the federal court in Charleston, SC against George Sink, Sr.’s son, George Sink, Jr. George Sink, P.A. Injury Lawyers is represented by Charleston Corporate Member Trudy Robertson, and Charlotte Intellectual Property Members Mark Wilson and Kate Cole.


Amanda Franklin quoted in TechTarget
TechTarget, (December 2019)

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


Luis Lluberas announced as general counsel for Charlotte Regional Business Alliance
Charlotte Business Journal, (December 2019)

Charlotte Bankruptcy & Financial Restructuring Member Luis Lluberas’ role as general counsel for the Charlotte Regional Business Alliance was highlighted in the Charlotte Business Journal’s article “Charlotte Regional Business Alliance CEO talks agenda for upcoming year” which was published December 4.


Cabell Clay and Sarah Negus’s article published in Westlaw
Westlaw, (December 2019)

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.


Kimberly Zirkle finalist for Am Law Best Mentor-Law Firm Award
(December 2019)

Charlotte Financial Services Member Kimberly Zirkle was selected as a finalist for the Am Law Best Mentor-Law Firm award for the American Lawyer Industry Awards. These awards honored outstanding achievements in the legal profession focusing at the national level. The American Lawyer celebrated the profession’s finest and the magazine’s 40th anniversary at the second annual American Lawyer Industry Awards in New York City on December 4.


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


Tandy Mathis selected as an IAPP Young Privacy Professional
(November 2019)

Charlotte Litigation Counsel Tandy Mathis has been selected as a new IAPP Young Privacy Professional volunteer for 2020. The Young Privacy Professionals (YPPs) work with their local KnowledgeNet Chapter co-chairs to plan networking activities. YPPs are expected to organize at least two networking activities per year and assist local KnowledgeNet Chapter chairs with networking activities. One or two YPPs are accepted per chapter and serve a one-year term.


Bloomfield serves as panelist for 19th Annual Banking and Finance Forum
(November 2019)

Charlotte Financial Regulatory Advice & Response Co-Head Neil Bloomfield served as a panelist for Mecklenburg County Bar’s 19th Annual Banking and Finance Forum which took place on November 22.


Jennifer Braccia appointed to Merit Selection Panel
(November 22, 2019)

Charlotte Litigation Attorney Jennifer Braccia has been appointed to serve on the Merit Selection Panel for the purpose of considering the reappointment of the Honorable David C. Keesler as a United States Magistrate Judge for the United States District Court, Western District of North Carolina.


MVA sponsor for The Clearing House + Bank Policy Institute Annual Conference
(November 2019)

MVA is proud to once again been a sponsoring partner for The Clearing House + Bank Policy Institute Annual Conference, which took take place in New York on November 19–21. Now in its ninth year, The Clearing House + Bank Policy Institute Annual Conference is the leading conference for key regulatory, legal, and payments issues facing America's largest commercial banks.


Moore & Van Allen named a Lawyers Weekly Diversity & Inclusion Awards winner
(November 2019)

Moore & Van Allen PLLC (MVA) is pleased to announce that it has been named a 2019 Lawyers Weekly Diversity & Inclusion Awards winner. The firm was selected as an honoree for the inaugural awards by Lawyers Weekly’s internal panel of judges, based on contributions to the legal community in the area of diversity. The complete list of honorees was announced on November 11, and winners will be formally recognized at an awards luncheon on December 11.


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

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.


Moore & Van Allen named a WomenInc. Top Law Firm for Women
(November 2019)

Moore & Van Allen PLLC (MVA) is pleased to announce that WomenInc. Magazine, a publication dedicated to comprehensive coverage of women’s achievements in business, has named the firm to its Top 100 Law Firms for Women list. The list was published in WomenInc. Magazine’s Fall 2019 issue, which specifically celebrates female representation and leadership within the legal industry.


Data Points: The Wait is Over: Proposed Regulations Implementing the CCPA are Released
(November 6, 2019)

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.


Moore & Van Allen advises ButcherJoseph Financial Holdings in Laffer Investments acquisition
(November 2019)

Moore & Van Allen PLLC (MVA) is pleased to announce that it has advised Charlotte-based ButcherJoseph Financial Holdings, LLC, in its acquisition of Laffer Investments, Inc., an SEC Registered Investment Advisor based in Nashville, Tennessee. MVA Member Michael (Mike) E. Zeller and Associate Michael C. Tarwater, Jr. led the MVA team representing ButcherJoseph in the transaction. The acquisition was announced on November 1.


Zach Smith and Luis Lluberas participants for the Caribbean Insolvency Symposium
(November 2019)

Charlotte Bankruptcy & Restructuring Member and Team Leader Zachary Smith has been appointed Co-Chair of the American Bankruptcy Institute’s annual Caribbean Insolvency Symposium, held in San Juan, Puerto Rico, February 3-5.


Cabell Clay serves as speaker at AIJA Conferences
(November 2019)

Charlotte Litigation Member Cabell Clay was invited to serve as a moderator and speaker for the panel titled “How to Keep Your Workforce Happy” at the International Association of Young Lawyers (AIJA)’s Annual Labour Law Conference which was held on October 26 in Lisbon, Portugal. Clay focused on US laws for addressing mental health and stress in the workplace as well as prevention techniques. She was joined on the panel with individuals from the Netherlands, Slovakia and Russia.


Moore & Van Allen recognized by U.S. News and Best Lawyers with top-tier ‘Best Law Firms’ rankings
Firm honored regionally and nationally in 2020 rankings
U.S. News & World Report, (November 2019)

MVA is pleased to announce that U.S. News & World Report and Best Lawyers have ranked the firm nationally and regionally on the 2020 “Best Law Firms” list.


Matt Kain serves as panelist for Fidelity Charitable discussion
(October 2019)

Charlotte Estate & Wealth Planning Member Matt Kain served as a panelist for the Fidelity Charitable exclusive event titled, “Smart Philanthropy: Planning Strategies for Complex Charitable Solutions,” held on October 30. Kain was joined by others from GreerWalker and Fidelity Charitable to discuss strategic philanthropy with a specific focus on gifts of non-publicly traded assets as charitable contributions.


Cabell Clay serves as panelist for NCBA’s Annual Review CLE program
(October 2019)

Charlotte Litigation Member Cabell Clay served as a panelist at the NCBA’s Annual Review CLE program that was held on October 17-18. Clay was joined by Kevin Sweat for the panel discussion titled, “Ethical Consideration in Joint Representation.” Attendees engaged from leaders in their practice areas providing important case law updates on North Carolina and Federal Law.


Moore & Van Allen Member Valecia McDowell selected as Lawyers of Color Nation’s Best honoree
(October 2019)

Moore & Van Allen PLLC (MVA) is pleased to announce that Charlotte White Collar, Regulatory Defense and Investigations Member Valecia M. McDowell has been named to the inaugural Lawyers of Color “Nation’s Best” list, which is presented by Major, Lindsey & Africa with the support of the Diverse Partners Network. The Lawyers of Color Nation’s Best list salutes minority law firm partners and senior-level corporate counsel.


Data Points Privacy & Data Security Law Blog: California Consumer Privacy Act Update: California Legislature Provides Relief for Businesses Processing Employee Data
(October 2019)

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”.


Moore & Van Allen earns 11th consecutive Benchmark Litigation recognitions
(October 2019)

Moore & Van Allen PLLC (MVA) is pleased to announce that it has been ranked as a “recommended” firm for both litigation and employment in North Carolina in the latest editions of Benchmark Litigation and Benchmark Litigation Labor and Employment. This is the 11th consecutive year in which MVA has earned Benchmark recognitions.


Neil Bloomfield and Kristina Whittaker’s article published by Law360
Law360, (October 2019)

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.


MVA advises Capital Vision Services during acquisition
(September 2019)

Moore & Van Allen’s client Capital Vision Services, LP (“CVS”), manager of the MyEyeDr. optometry practices, was acquired by the merchant-banking division of Goldman Sachs Group Inc. from Altas Partners LP and Caisse de dépôt et placement du Québec on August 29.


Valecia McDowell honored as a Women of Justice 2019
(September 2019)

Charlotte Co-Head White Collar, Regulatory Defense and Investigations Member Valecia McDowell has been named a North Carolina Women of Justice 2019 honoree by North Carolina Lawyers Weekly. The official honoree list was published on September 2.


MVA highlighted for role in the Charlotte Pro Bono Triage
(September 2019)

Moore & Van Allen was highlighted in the Charlotte Business Journal and Business North Carolina’s Daily Digest on September 5 for its commitment to the Charlotte Pro Bono Triage.


Barbara Meeks to serve as panelist at SIFMA C&L Charlotte Future Leaders
(September 2019)

Charlotte Financial Regulatory Advice and Response Member Barbara Meeks has been invited to serve as a panelist for the upcoming SIFMA C&L Charlotte Future Leaders Seminar being held the morning of September 24. Barbara will join leaders from Raymond James, Barclays, Bank of America, and Eversheds Sutherland, on a panel moderated by LPL Financial, to discuss the topic titled, “Mentoring, Career Plan Development & the Path to Leadership”.


MVA contributes to Charlotte’s public-private campaign for affordable housing
(September 2019)

Moore & Van Allen is among the list of area donors highlighted in the Charlotte Business Journal and Charlotte Observer on September 5. MVA joins a coalition of nonprofits, local government and businesses that have donated to A Way Home, an endowment to provide rent subsidies, created by the Foundation For The Carolinas. The program met its $20 million target with a significant contribution from MVA and then climbed to $26 million. MVA is also contributing ongoing pro bono real estate legal services to the A Way Home program.


Gabe Mathless selected for inclusion as JPCA, Frank Family Fellow
(September 2019)

Charlotte Bankruptcy & Financial Restructuring Associate Gabe Mathless is one of ten individuals selected from across the United States to serve as a Frank Family Fellow by the Jewish Council for Public Affairs (JPCA). The Fellowship is a 10-month program for emerging leaders in Jewish community relations that focuses on public policy, advocacy, civic engagement and intergroup/interfaith relations.


MVA White Collar Defense, Investigations, and Regulatory Advice Blog: FHFA Removes Preferred Language Question from URLA
(September 2019)

Charlotte Litigation Counsel Nicole Schiavo‘s MVA White Collar Defense, Investigations, and Regulatory Advice Blog titled, “FHFA Removes Preferred Language Question from URLA” was published on August 30.


MVA White Collar Defense, Investigations, and Regulatory Advice Blog: Revised Interagency Examination Procedures for the Flood Disaster Protection Act
(September 2019)

Charlotte Financial Regulatory Advice and Response Member Neil Bloomfield‘s MVA White Collar Defense, Investigations, and Regulatory Advice Blog titled “Revised Interagency Examination Procedures for the Flood Disaster Protection Act” was published on August 30.


Corporate Counsel honors Moore & Van Allen Member Amy Johnson with national Women, Influence & Power in Law Award
(August 2019)

Moore & Van Allen PLLC (MVA) is pleased to announce that Financial Services Member Amy K. Johnson has been selected as a Corporate Counsel 2019 Women, Influence & Power in Law Award winner. Johnson was recognized in the Law Firm Thought Leadership category. Honorees will be formally announced at an awards dinner on October 16 as part of the Women, Influence & Power in Law Conference in Washington, D.C., and will be profiled in the December issue of Corporate Counsel magazine.


MVA Litigation Blog: U.S. Supreme Court Limited Authority to Remove Class Actions to Original Defendants, Third-Party Counterclaim Defendants May Not Remove Even Under CAFA
(August 2019)

Charlotte Litigation Member Tony Lathrop’s MVA Litigation Blog post titled, “U.S. Supreme Court Limited Authority to Remove Class Actions to Original Defendants, Third-Party Counterclaim Defendants May Not Remove Even Under CAFA” was published August 23.


MVA White Collar Defense, Investigations, and Regulatory Advice Blog: CFPB’s ANPR Calls for the End of the GSE Patch
(August 2019)

Charlotte Litigation Counsel Nicole Schiavo’s MVA White Collar Defense, Investigations, and Regulatory Advice Blog post titled, “CFPB’s ANPR Calls for the End of the GSE Patch” was published on August 14.


MVA White Collar Defense, Investigations, and Regulatory Advice Blog: Federal Reserve Discloses Plan for “FedNow” a Real Time Payment System
(August 2019)

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.


Best Lawyers® recognizes 83 Moore & Van Allen attorneys
10 attorneys named “Lawyer of the Year” across various practices in Charlotte, (August 2019)

Moore & Van Allen PLLC is pleased to announce that 83 attorneys were selected by their peers for inclusion in The Best Lawyers in America© 2020. Additionally, 10 attorneys from the firm’s Charlotte office were selected for Best Lawyers® “Lawyer of the Year” recognitions.


Neil Bloomfield to serve as panelist at SIFMA C&L Society seminar
(August 2019)

Financial Regulatory Advice and Response Co-Chair Neil Bloomfield will again serve as a panelist for the upcoming SIFMA C&L Society Charlotte Regional Seminar being held September 23. Neil will join leaders from the SEC, Bank of America, LPL and Deloitte to discuss current trends in privacy and cybersecurity.


Barbara Meeks and Ed O’Keefe slated to speak at ABA Business Law Section Annual Meeting
(August 2019)

Charlotte Financial Regulatory Advice and Response Members Barbara Meeks and Ed O'Keefe have been invited to speak at the ABA Business Law Section Annual Meeting, which will take place September 12-14, in Washington, DC. O’Keefe will join the discussion for the panel titled: Managing Risk or Micromanaging It: Current Developments in Enforcement Actions on the first day of the meeting. Meeks will join Friday’s panel titled: Cross-border Financings: Structuring for FX and Derivatives Exposure; Perfecting Foreign Collateral.


Lesley Firestone named to Leadership Charleston Class of 2020
(August 2019)

Charleston Litigation Associate Lesley Firestone has been selected for inclusion to the Charleston Metro Chambers of Commerce’s incoming Leadership Charleston Class of 2020. The mission of Leadership Charleston is to identify and motivate emerging leaders and to develop their leadership potential by introducing them to the realities, opportunities and challenges of our civic and business communities. Graduates experience the power of working with other community leaders and organizations for positive growth and advancement of the region.


Joe Fernandez quoted in Law360 article
Law360, (August 2019)

Charlotte Corporate Member Joe Fernandez was quoted in the Law360 article titled, “States' Green Goals May Fuel Clean Energy Land-Use Fights,” which was published on August 5.


MVA White Collar Defense, Investigations, and Regulatory Advice Blog: Enhancing Transparency in the Agencies’ Approach to BSA/AML Examinations
(August 2019)

Charlotte Financial Regulatory Advice and Response Member Barbara Meeks and Counsel Kristina Whittaker’s MVA White Collar Defense, Investigations, and Regulatory Advice Blog post titled, “Enhancing Transparency in the Agencies’ Approach to BSA/AML Examinations” was published on August 5.


Cooper, Kain and Loftis speakers at North Carolina Bar Association 40th Annual Estate Planning & Fiduciary Law Program
(August 5, 2019)

Charlotte Estate and Wealth Planning Member Matt Kain, Associate Thomas Cooper and Counsel Wilson Loftis were invited to speak at the North Carolina Bar Association’s 40th Annual Estate Planning & Fiduciary Law Program which was held July 25-27.


Two Moore & Van Allen members named to Benchmark Litigation’s 40 & Under Hot List
(August 2019)

Moore & Van Allen is pleased to announce that Charlotte Litigation members Frank Schall and Christopher Tomlinson have again been recognized as leading U.S. litigation attorneys on Benchmark Litigation’s “40 & Under Hot List.”


Moore & Van Allen advises Pamlico Capital in MetaMetrics sale
(August 2019)

Moore & Van Allen PLLC is pleased to announce that it has served as lead counsel to Pamlico Capital and MetaMetrics, Inc. in the pending sale of MetaMetrics® to Apax Digital Fund. MVA Corporate members Richard (Rick) M. Bange III and Michael (Mike) Ryan Miller, and Corporate associates Emerich F. Gutter, Stacy G. Grant, Kathryn J. Hesman and Ethan B. Clark, led the MVA team representing Pamlico Capital and MetaMetrics in the transaction.


MVA White Collar Defense, Investigations, and Regulatory Advice Blog: OCC Releases Bulletin on Fraud Risk Management Principles
(August 2019)

Charlotte Counsel Kristina Whittaker’s MVA White Collar Defense, Investigations, and Regulatory Advice blog post titled, “OCC Releases Bulletin on Fraud Risk Management Principles” was published on August 1.


MVA White Collar Defense, Investigations, and Regulatory Advice Blog: From “Where Were the Lawyers?” to “Where Have the Lawyers Gone?”
(July 2019)

Charlotte Financial Regulatory Advice and Response Member Ed O’Keefe’s blog titled, “Where Were the Lawyers?” to “Where Have the Lawyers Gone?” was published on July 26.


Barbara Meeks and Ed O'Keefe’s article published by Corporate Counsel
Corporate Counsel, (July 2019)

Charlotte Financial Regulatory Advice and Response Members Barbara Meeks and Ed O’Keefe’s article titled, “Pursuit of a Regulatory Practice Dream: The Story of 2 Powerhouse Bank GCs Uniting” was published by Corporate Counsel on July 26. In this article, Meeks and O’Keefe share their personal vision for a world-class bank regulatory practice that would provide practical, innovative results while retaining Southeastern rates and culture.


MVA’s Estate Planning Practice ranked by Chambers and Partners HNW
(July 2019)

Charlotte Estate and Wealth Planning Member Chris Jones has been ranked Band 2 by Chambers High Net Worth for Private Wealth Law. Chambers High Net Worth ranks the top lawyers and law firms for international private wealth.


Moore & Van Allen Attorney Sarah Byrne Helps Lead Charge with North Carolina’s New Human Trafficking Law
(July 2019)

A victory for the Human Trafficking Pro Bono Project and its advocacy work! On July 22, Governor Cooper signed into law a bill increasing access to justice for human trafficking survivors. Charlotte Ethics and Compliance Counsel Sarah Byrne chaired the NC Human Trafficking Commission subcommittee responsible for drafting legislative recommendations providing post-conviction relief and a civil remedy for human trafficking.


White Collar Defense, Investigations, and Regulatory Advice Blog: WCIRA News Clips: SEC Staff Issues Statement on Preparing for Impending LIBOR Transition
(July 2019)

Charlotte Litigation Member Neil Bloomfield’s blog post titled, “WCIRA News Clips: SEC Staff Issues Statement on Preparing for Impending LIBOR Transition” was published on July 22.


Bridget Grant quoted in CBJ article
CBJ, (July 2019)

Charlotte Land Use and Development Consultant Bridget Grant was quoted in the CBJ article titled, “RENDERINGS: How this Charlotte developer gained neighborhood support for project at prime site in Elizabeth” which was published on July 16.


Caitlin Horne named to ABA’s class of Trust and Estate Fellows
(July 2019)

The American Bar Association has named Charlotte Estate & Wealth Planning Associate Caitlin Horne to its 2019-2021 class of Trust and Estate Fellows. Caitlin is one of just five attorneys nationally selected as a member of the new Trust and Estate Fellows class.

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