Insights Archive

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.

Moore & Van Allen (MVA) Co-head of Financial Regulatory Advice & Response Neil Bloomfield and Litigation Associate Kate Wellman’s article titled, “President’s working group report calls for stablecoin regulation” was published by Thomson Reuters on December 2.

Moore & Van Allen (MVA) Employment & Labor Associate Taylor Festa explores the complexities of vaccine mandates in the Lawyer Monthly article titled, “How Employers Are Attempting to Navigate Uncertain Times with Imperfect Guidance and Unknown Risk” which was published November 9.

MVA Financial Services Counsel Matthew Morgan and Financial Restructuring Member Gabe Mathless have produced the Special Situations Client Bulletin: Quick Guide to Credit Document Transfer Provisions for Loan Purchasers to provide a useful, high-level summary of key transfer provision considerations that potential loan purchasers can incorporate into their credit documentation reviews.

Moore & Van Allen (MVA) Financial Services Counsel Ed Ivey’s article, “The Future Dominant Reference Rate of the Loan Market: Will There Be One Rate to Rule Them All?”, was recently published by Thomson Reuter’s Futures & Derivatives Law Report. 

MVA Human Trafficking Pro Bono Project Leader and Financial Regulatory Advice & Response Senior Counsel Sarah Byrne and Financial Services Counsel Ed Ivey’s article titled, “Human Rights-Focused Lending Models Can Curb Trafficking” was published by Law360 on August 6. 

Moore & Van Allen (MVA) Litigation Associate Jules Carter’s article titled, “’I believe every ICO I’ve seen is a security’: Securities regulation in the age of cryptocurrency-based investment contracts” was published by Westlaw on May 5.

Moore & Van Allen (MVA) Litigation Member Jim McLoughlin and Financial Regulatory Advice & Response Member Ed O’Keefe’s article titled, “When corporate reporting creates criminal risk: Circuit court limits criminal liability under ambiguous reporting requirements” was published by Westlaw on March 8.

MVA Senior Counsel Sarah Byrne’s article titled, “Financial institutions are poised to take next step in combatting human trafficking” was published by Thomson Reuters Institute on January 11, National Human Trafficking Awareness Day.

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. 

MVA Environmental Co-Head Members Peter McGrath and Mary Katherine Stukes have authored the “Law and Practice” chapter of the Environmental Law 2020 Guide for Chambers and Partners, which was published on November 13.

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.

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.

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.

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.

In a noteworthy endorsement of international arbitration, on March 30 the U.S. Court of Appeals for the Fourth Circuit issued its decision in Servotronics Inc. v. Boeing Co.,[1] which may be the second watershed ruling within six months on the use of Title 28, Section 1782, “Assistance to foreign and international tribunals and to litigants before such tribunals.”

Charlotte Litigation Attorney Jennifer Braccia published an article in the American Bar Association, Litigation Section on April 11.

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

MVA’s Human Trafficking Pro Bono Project Leader, Sarah Byrne and her fight for victims of human trafficking was highlighted by Charlotte Magazine. 

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."

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.

Charlotte Litigation 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.

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. 

Vapor intrusion has emerged as an important legal, scientific, and policy issue over the last decade. With this issue’s growing importance, it is prudent for persons acquiring, leasing, or developing property to include an assessment of vapor intrusion risks into their environmental due diligence process and properly address any identified vapor condition. 

Elections matter and in the U.S. we are starting to more fully understand what the latest presidential election means for the financial industry. Throughout his campaign, candidate Donald Trump promised to reduce existing federal regulations and to limit the addition of new regulations. President Trump started fulfilling this promise with Executive Order 13771, which requires that “for every new regulation issued, at least two prior regulations be identified for elimination. . . .”

Following tax reform at the end of 2017, cash dividends from a foreign corporate subsidiary to a domestic corporate 10 percent shareholder are exempt from U.S. income tax because the shareholder is permitted a “dividends-received deduction” equal to the amount of the dividend.

Charlotte Litigation Member Frank Schall’s article “Employee Fraud Investigation Costs Non-Recoverable Under MVRA” was published in Corporate Compliance Insights on September 10.

Corporate Compliance Insight’s Maurice Gilbert chats with Charlotte Litigation Member Valecia McDowell, Co-head of the White Collar, Regulatory Defense and Investigations practice at Moore & Van Allen and a recent addition to the firm’s management committee.