Neil Bloomfield advises financial services firms on their engagements with government entities. Neil’s matters primarily fall into two categories—advising institutions on regulatory compliance issues and conducting investigations in response to issues raised internally or by a government authority. 

Overview

Mr. Bloomfield is a member of the firm’s Litigation Team specializing in responding to regulatory investigations and requirements as well as complex commercial litigation. 

Mr. Bloomfield has broad experience in all facets of discovery.  He serves as a subject matter expert on discovery for a Fortune 25 financial services institution.  As part of this work, Mr. Bloomfield regularly oversees large document reviews consisting of more than 100 attorneys both at the firm and at outside review vendors.  Many of Mr. Bloomfield’s matters involve discovery in multiple jurisdictions, including some matters that span five continents.  He is familiar with navigating clients through unique challenges these matters present, particularly with respect to differing preservation regimes, data privacy restrictions, and restrictions on the transfer of data.

Mr. Bloomfield focuses on combining cutting edge technology with more than a decade of experience to structure reviews that are efficient and effective. 

Mr. Bloomfield also regularly speaks and writes about leading discovery issues such as the expanding universe for collections with social media, privilege waivers in government investigations, varying privilege protections across jurisdictions, and data retention risks in the age of cybersecurity threats.

Before joining Moore & Van Allen, Mr. Bloomfield practiced with a large New York-based law firm.

REPRESENTATIVE MATTERS

Mr. Bloomfield’s investigation practice includes the following representative matters:

  • Representing Fortune 25 and Fortune Global 500 financial services firms in investigations of foreign exchange trading.
  • Representing a Fortune 25 financial services firm in a global investigation into the London Interbank Offered Rate or “LIBOR” as well as other financial benchmarks.
  • Represented Bank of America in connection with the investigation of its merger with Merrill Lynch by the North Carolina Attorney General and the WDNC U.S. Attorney's office.
  • Represented portfolio management company in an investigation into allegedly improper trading activity which resulted in no charges for client.
  • Represented taxpayer against the North Carolina Department of Revenue regarding a golf course conservation easement deduction where the easement was valued in excess of $13 million and the Department ultimately withdrew all assessments after more than six years of investigation and litigation.
  • Represented taxpayers against the IRS in a dispute over two conservation easement deductions valued at more than $4 million, which resulted in a settlement allowing the taxpayers to maintain the majority of the deductions and avoid all penalties.
  • Represented taxpayer in ongoing audit by the North Carolina Department of Revenue challenging the taxpayer's Florida residency designation and the proper tax treatment of securities.

Mr. Bloomfield’s litigation practice includes the following representative matters:

  • Representing a trust in a dispute against the North Carolina Department of Revenue regarding a constitutional challenge to a statute purporting to permit the Department to collect taxes from trusts located outside of North Carolina.
  • Successfully defended insurance company against a claim by its insured under a political risk policy for the alleged taking of a power plant by the Inner-Mongolian government.
  • Successfully represented financial institution in the collection of more than $15 million in defaulted loans in two bankruptcies of related entities.
  • Successfully defended financial institution and its Board of Directors in an action brought by shareholders seeking to enjoin the merger of the company with another financial institution based on numerous alleged breaches of the Directors' fiduciary duties.
  • Successfully represented foreign financial institution in arbitration against a hedge fund.
  • Represented a financial institution in numerous successful appeals throughout the state appellate system and the U.S. Supreme Court in litigation arising out of the financial institution's financing of a failed real estate venture.
  • Won a dismissal for a real estate investment firm in a dispute with a commercial real estate broker about the development of property surrounding the Superdome.
  • Successfully defended protection and indemnity club against multi-billion dollar insurance claim related to Hurricane Katrina.

SPEAKING ENGAGEMENTS

  • MVA Attorneys Present at Association of Corporate Counsel CLE, July 2015
  • Panelist, Emerging Issues in Cyber Security, April 2015
  • MVA Attorneys to Present at MCB Attorney-Client Privilege CLE, October 27, 2010

PUBLICATIONS

  • "Applications like WhatsApp are reshaping government investigations and should be refocusing how compliance departments handle employee oversight" White Collar, Regulatory Defense, and Investigations Client Update, Law360 (April 2015)
  • "Compliance Plans: The Ounce of Prevention that Avoids the Pound of Cure" North Carolina Bar Association Newsletter (June 2014)
  • "Physicians Agreements May Cost South Carolina Hospital More Than $237.5 Million" White Collar, Regulatory Defense, and Investigations Client Update (October 2013)
  •  “Navigating the Implied Waiver of Attorney Client Privilege After Adoption Of Federal Rule 502 of the Federal Rules of Evidence,” New York University Law School, Annual Survey of American Law, Volume 67, Issue 4 (Fall 2012).
  • "Have Increased Government Investigations Remedied the Causes of the Financial Crisis?" Bloomberg Law Reports- Corporate Counsel (2011)

Neil also assists clients in responding to a variety of regulatory requirements including Comprehensive Capital Analysis and Review (“CCAR”) for ongoing regulatory investigations and potential litigation, Recovery and Resolution Planning and related training for boards of directors, Risk Data Aggregation and Reporting Requirements, and Sarbanes-Oxley whistleblower programs. As part of this practice, Neil provides assistance in designing or enhancing programs, legal opinions, policies, and training materials to promote internal initiatives and achieve regulatory compliance.

Representative Experience

Neil’s investigation practice includes the following representative matters:

  • Conducted an investigation into whistleblower allegations related to advice provided by the legal department of a U.S. based global financial institution
  • Conducted an investigation into whistleblower allegations related to the conduct of an executive for a U.S. based global financial institution
  • Represented a U.S. based global financial services firm in response to inquiries from the Special Counsel's office
  • Represented internationally based financial services firm in its response to Panama Papers related investigations
  • Represented two U.S. based financial services firms in investigations of foreign exchange trading
  • Represented a U.S. based financial services firm in a global investigation into LIBOR as well as other financial benchmarks
  • Represented Bank of America in connection with the investigation of its merger with Merrill Lynch by the North Carolina Attorney General and the WDNC U.S. Attorney's Office
  • Represented a portfolio management company in an investigation into allegedly improper trading activity

Neil’s advisory practice includes the following representative matters:

  • Advising two U.S. based global financial institutions on their Recovery and Resolution Planning
  • Advising a U.S. based global financial institution on creating legal risk assessments for CCAR based on ongoing and potential regulatory investigations and litigation
  • Advising multiple financial institutions on requirements related to qualified financial contracts (“QFCs”)
  • Advising a U.S. bank on its Sarbanes-Oxley whistleblower program compliance
  • Advising a U.S. based global financial institution on Risk Data Aggregation and Reporting Requirements

Notable

Notable

  • Adjunct Professor at Wake Forest University School of Law
  • Member, North Carolina State Bar Association
  • Board Member and Past Chair, Domestic Violence Advisory Board for Charlotte/Mecklenburg County
  • Board Member, Feeding Charlotte

News

Blogs and Resources

Blog Posts

Affiliations

Affiliations

  • Adjunct Professor at Wake Forest University School of Law
  • Member, North Carolina State Bar Association

Publications

Speaking Engagements

Speaking Engagements

Neil is also a frequent panelist and presenter at conferences across the country, including:

  • Panelist, LIBOR Transition Challenges, Banking and Finance Forum
  • Presenter, Trends in Discovery for International Disputes, ABA Sound Advice
  • Repeat Panelist, Cybersecurity Trends, SIFMA C&L Charlotte Regional Seminar
  • Panelist, Data Management in Cross Border Matters, MVA Privacy & Data Security Seminar
  • Panelist, LIBOR Transition, The Banking Institute
  • Panelist, Data Management in Complex Matters, SIFMA C&L Annual Seminar
  • Panelist, Transition Away from LIBOR, Associate of Corporate Counsel
  • Panelist, Discovery in Government Investigations, Client Summit
  • Panelist, Cross Border Privilege Considerations, Association of Corporate Counsel
  • Panelist, Emerging Issues in Cyber Security, Client Summit

Education

B.A., Psychology, with honors, Wake Forest University, 2000

J.D., Boston University School of Law, magna cum laude, Edward F. Hennessey Distinguished Scholar, Paul J. Liacos Distinguished Scholar, G. Joseph Tauro Scholar and associate editor for the American Journal of Law and Medicine, 2003

Admissions

  • North Carolina
  • New York
  • New Jersey
  • Supreme Court of the United States
  • United States Court of Appeals for the Second, Fourth and Fifth Circuits
  • United States District Courts for the Western, Middle and Eastern Districts of North Carolina
  • United States District Courts for the Southern and Eastern Districts of New York
  • United States District Court for the District of New Jersey
  • United States Tax Court
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