Alerts

Tariffs on imports into the U.S. are on the rise, focusing on many of the U.S.’s largest trading partners like Mexico, Canada and China, as well as major products such as aluminum and steel. Buyers and sellers who are importing goods into the U.S. should be aware of the potential increases in cost structure and understand who bears the burden of paying for those increases due to the heightened tariffs.

In recent weeks the Department of State (DOS) has taken steps to revoke visas and terminate the status of international students who have criminal infractions and/or who have engaged in activism. In light of this intense focus on student visas by DOS and the Secretary of State, we are providing answers to some of the most common questions on this topic.

March is over and all of our brackets are busted. We hope you have been enjoying, Moore & Van Allen’s very own, Jay Bilas’ coverage on ESPN. In this month’s newsletter we will walk you through the CFTC’s continued updates on enforcement, highlight developments across the US financial agencies on digital assets, and look at an interesting court case in Richmond, California, alleging the city was misled by its advisor and the banks it entered into swaps with. Don’t worry though, there are no April fool’s day jokes baked into any of these updates.

On March 12, 2025, the Department of Homeland Security (DHS) issued an Interim Final Regulation (IFR) designating a new registration form to comply with statutory alien registration requirements. The rule takes effect on April 11, 2025 and is designed to ensure compliance with the registration requirements under Section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302).

I was part of the generation that played with and traded Pogs – now worthless collectibles in the form of cardboard circles that we assigned value to solely based on the cartoon or picture on the Pog’s face. The SEC recently came out with a similar analysis of Meme Coins in a statement confirming Meme Coins are indeed not securities, but instead more like collectibles.

On its first day in office, the Trump administration published 46 executive orders dealing with a broad range of issues, several of which were aimed directly at changing the immigration laws. 

January is at least eight weeks – I’m certain of it. Now that it’s February we know who’s running the CFTC and its different Divisions, for the time being. Acting Chair Pham comes to her position with a long history of interesting and important dissents and other publications since becoming a Commissioner in April 2022, which may give us a glimpse into what the future holds for the CFTC under her leadership.

On January 20, 2025, President Trump was inaugurated for his second term and in alignment with his “Day One” campaign promises, he signed ten executive orders that support his immigration agenda. These executive orders touch on many complex issues within the immigration landscape, including birthright citizenship, asylum processing, military enforcement at the border, compliance and enhanced vetting. Trump also rescinded many Biden Administration orders including those expanding access to immigration pathways for those in AI and other STEM fields.

It’s finally time to “circle back” on all those emails from the end of the year. We’ll help catch you up on any swaps and derivatives news that you may have missed from December.

Looking ahead to 2025, we take this time to reflect on many accomplishments with our clients and community partners. We welcomed new team members across our practice areas throughout the year and received national and notable recognitions including by Chambers, Best Lawyers in America and Legal 500.

As the new year approaches, we are excited to recognize that 2025 marks Moore & Van Allen’s 75th anniversary, making us one of the oldest law firms in Charlotte. Though we have grown significantly, our commitment to legal excellence, client service, entrepreneurial spirit, and investment in our community has not wavered-- values our founders instilled in the firm beginning in 1950.

We will celebrate throughout 2025, expressing our collective pride and highlighting our gratitude for our clients, our current team members, and our alumni.

Our sincerest thank you to all our alumni and clients for another year of partnership. We wish you a joyful and festive holiday season!

There were a lot of different angles to lead with this month to try to grab your attention. There was no shortage of news over the past month that impacted and will continue to impact the swaps and derivatives space.  But, I would like to start with a sincere thank you to everyone we’ve worked with this past year, everyone who has been available to connect, and everyone who reaches out – even if it’s at 5:30PM on a Friday (that’s what we’re here for).

Now that it is December 2nd, I move to my pants that are a size bigger for a few weeks and my kids have watched all six (yes, six) Home Alone movies. My four-year-old maintains that the third Home Alone is the best one, but I am a stickler for the first Home Alone. Although I must admit, I was initially not a fan of all the sequels or even the idea of unrelated sequels, but they’ve grown on me with time and constant repetition.

And now for sequels I absolutely did not see coming, Enron. Today Enron, the once scandal plagued and defunct energy trader, issued a press release announcing a relaunch with a new “vision to solve global energy crisis”. The press release includes a reference to a crypto/token move through its focus on “Permissionless Innovation”.

With the re-election of Donald Trump and upcoming inauguration on January 20, 2025, employers can anticipate significant changes to U.S. immigration policy that may impact their business and foreign national employees. Although the exact policies to be implemented by the incoming administration are not known, using his prior administration policies such as “Buy American, Hire American” and campaign promises as a guide, there likely will be a renewed focus on compliance and limiting various legal immigration programs. The prior Trump administration implemented changes with wide-reaching impacts, affecting everything from border security and asylum processes to employment-based immigration and travel bans.  Although the exact impact of a second Trump presidency remains to be seen, the most likely areas of focus include the following:

Over 100 Moore & Van Allen women attorneys and senior administrators attended the 2024 Women of Moore & Van Allen (WoMVA) Conference in May at The Casey. This year’s keynote address was, “Foundations for Flourishing: Leveraging the Science of Positive Psychology for Greater Well-being, Resilience, and Performance” by Jordana Confino, JC Coaching & Consulting Founder & CEO.

Welcome to the first installment of MVA’s Business Immigration Quarterly!  Each quarter we will be bringing you a roundup of current trends, important issues, and interesting topics in the business immigration community.  As always, we are here to answer any questions you have about specific immigration matters or any of the topics highlighted below.  We appreciate the opportunity to partner with you and we look forward to bringing you updates in this format.

On March 18, 2024, the Office for Civil Rights ("OCR") at the U.S. Department of Health and Human Services ("HHS") published updated guidance on the use of online tracking technologies by HIPAA covered entities and business associates (the "2024 Update"). The 2024 Update replaces the original guidance that OCR published on December 1, 2022 (the "2022 Guidance"). The 2024 Update attempts to clarify when information captured by tracking technologies constitutes individually identifiable health information ("IIHI") and provides guidance to covered entities and business associates on their obligations with respect to the use of online tracking technologies.