Insights

Moore & Van Allen (MVA) Litigation Member Kate Wellman and Associate Aishaah Reed Foster’s article titled, “CFPB targets credit card late fees with lower safe harbor and elimination of annual inflation adjustment in new proposed rule” was published by Westlaw on February 24.

Moore & Van Allen (MVA) Corporate Associate Toni-Ann Hines‘ article titled, “The Right of Publicity in the Age of Technology, Social Media, and Heightened Cultural Exchange” was published by Wake Forest Journal of Business & Intellectual Property Law on February 20.

Moore & Van Allen (MVA) Head of Civil Rights & Racial Equity Assessments and Co-head of White Collar, Regulatory Defense & Investigations Valecia McDowell and Litigation Associates Chassity Bobbitt and Jonathan Gilmartin discuss the increased demand for companies to conduct diversity, equity, and inclusion audits and resistance to such analyses in their recent Westlaw article titled, “Diversity culture clashes: the desire for and backlash to DEI audits and interventions.” The article published on February 9.

Moore & Van Allen (MVA) Associate Barrett Morris, Senior Counsel John Stoker, and Head of Derivatives Ed Ivey discuss the Consumer Financial Protection Bureau's proposal to create a public registry of form contracts for financial products that purport to waive or restrict legal protections for consumers in their recent Westlaw article titled, “CFPB issues proposed rule to require nonbank registration and public registry of terms and conditions in form contracts.”

Moore & Van Allen (MVA) Co-heads of Financial Regulatory Advice & Response Ed O’Keefe and Neil Bloomfield, Senior Counsel John Stoker, and Litigation Associate Jules Carter co-authored an article that highlights Banking Regulation 2023 Law and Practice that was published by Chambers and Partners. The Law and Practice section discusses the full range of banking regulation, including: the regulatory framework governing banks, the bank chartering process, changes of control, bank governance and management requirements, BSA and AML/KYC requirements, deposit insurance protection, capital and liquidity requirements, insolvency and resolution and recovery planning, and regulatory and ESG developments.

Moore & Van Allen (MVA) Co-heads of Financial Regulatory Advice & Response Ed O’Keefe and Neil Bloomfield, Head of Derivatives Ed Ivey, and John Lightbourne co-authored an article that highlights Banking Regulation 2023 Trends and Developments that was published by Chambers and Partners. The article discusses topics: Key Changes in US Banking Regulation, Expansion of UDAAP as an Enforcement Tool, and Prudential Regulatory Approach to Crypto/Digital Asset Activities.

Moore & Van Allen (MVA) Litigation Associate Jules Carter’s WestLaw article titled, “Everything you've ever wanted to know about NFTs and securities regulation (and a few things you didn't)” was published in the recent Westlaw Journal Derivatives year-end special report featuring a selection of expert analyses published in 2022 on trends and developments in the legal industry.

Moore & Van Allen (MVA) Financial Services Associate Barrett Morris, Litigation Associate John Lightbourne and Co-head of Derivatives Ed Ivey discuss the Consumer Financial Protection Bureau's intention to regulate nonbank entities in the digital asset space in light of the meltdown of cryptocurrency exchange FTX in their recent Westlaw article titled, “The CFPB has entered the ring and makes clear moves to regulate nonbank digital asset activities.”

Moore & Van Allen’s multidisciplinary team focused on environmental, social, and governance issues has recently provided programming for lawyers and clients about the legal and regulatory requirements around ESG. To view the Client Alert – ESG Updates, please visit: https://www.mvalaw.com/newsletter-43

Moore & Van Allen (MVA) Senior Counsel Sarah Byrne and Associate Jules Carter co-author the JDSupra article titled, “It’s Time to Rectify the Unconscionable Burden Placed on Sex-Trafficked Girls”.  The article, published on October 17, discusses the gaps in the criminal justice system related to the criminalization of child sex trafficking victims. 

Moore & Van Allen (MVA) Co-head of Financial Regulatory Advice & Response Ed O’Keefe, Senior Counsel Sarah Byrne and John Stoker, and Litigation Associate Jules Carter co-authored the article titled, “Can we keep up with the machines? Stronger and faster artificial intelligence systems require robust risk management practices.” It was published in the Journal of Financial Compliance, Volume 5, number 4. 

Moore & Van Allen Litigation Counsel Jonathan Prytherch discusses the Financial Industry Regulatory Authority's amendments to one rule allowing member firms to protect certain customers from financial exploitation in his Westlaw Today article titled, “FINRA's expansion of safeguards to prevent the financial exploitation of specified adults in Rule 2165.”

Moore & Van Allen (MVA) Litigation Associate Jules Carter’s article titled, “Everything you've ever wanted to know about NFTs and securities regulation (and a few things you didn't)” was published by Westlaw Today on August 15. In this article Jules explores some of the circumstances in which a non-fungible token can be considered an investment contract and explains how this can threaten the viability of a related business.

MVA’s Financial Restructuring and Financial Services teams have published the Special Situations Client Bulletin titled “Legal Review Guide for Stressed/Distressed Credits”.

Moore & Van Allen (MVA) attorney Jonathan Prytherch’s article titled, “Riding the regulatory enforcement train: FINRA issues reminder on supervisory liability for chief compliance officers” was published by Westlaw Today on May 18. The article discusses regulatory enforcement of supervisory liability for chief compliance officers in the context of the Financial Industry Regulatory Authority's Rule 3110.

Moore & Van Allen (MVA) Co-head of White Collar, Regulatory Defense & Investigations Member Valecia McDowell and Litigation Associate Elena Mitchell’s article titled, “Racial Equity Audits: The New ESG Frontier” was published by Bloomberg Law on April 26.