Insights Archive

Moore & Van Allen (MVA) Litigation Members Jim McLoughlin and Fielding Huseth co-authored an article published in the University of Southern California Review of Law & Social Justice (Volume 33, Issue 1) titled, “Challenging Prosecutorial Use of a Pretrial Detainee’s Electronic Communications.”

Moore & Van Allen (MVA) Co-head of Farm Credit Lending Meredith Reedy was profiled by CBJ for the “Women in Business Awards: Winners talk big wins, hard lessons and more” article published March 15. Every year since 1997, the Charlotte Business Journal has recognized outstanding women who are creating an impact in the region through their work in the public and private sectors.

Moore & Van Allen (MVA) Co-head of Civil Rights & Racial Equity Assessments Valecia McDowell and Josh Lanning, and Associate Elena Mitchell explain why a recent Supreme Court denial supports race-neutral diversity efforts in private companies and organizations, as well as in academia in the Bloomberg Law  article titled, “Supreme Court Denial in Virginia School Case Is a Diversity Win” which was published on March 6.

Moore & Van Allen (MVA) Litigation Member Bill Butler’s article titled, “Directors and executives take note: Delaware court voids Elon Musk's $55B Tesla pay package,” was published by Reuters and Westlaw Today on February 8. The article discusses the Delaware Court of Chancery’s decision in the Tornetta v. Musk case.

Moore & Van Allen (MVA) Member Sarah Byrne co-authored an American Banker BankThink column titled, “Modern slavery survivors need support from more financial institutions,” which was published on January 22.

Moore & Van Allen (MVA) Co-head of Trademark Michele Glessner co-authored the article titled, “Digital Fashion and Trademarks: The Protection of Self-Expression in the Metaverse,” which was published by the International Trademark Association (INTA) on January 17.

Moore & Van Allen (MVA) Intellectual Property Senior Counsel Anup Iyer’s article titled, “Navigating data challenges and compliance in AI initiatives” was published by Reuters and Westlaw Today on January 19.

Moore & Van Allen (MVA) Intellectual Property Associate Anup Iyer ‘s article titled, “Future Paths For AI Inventorship After Justices' Thaler Denial” was published by Law360 on September 25.

Moore & Van Allen (MVA) Financial Regulatory Advice & Response Senior Counsel John Stoker and Financial Regulatory Advice & Response Member Kate Wellman's article titled, “Suit Alleging FDIC Overdraft Overreach May Not Make Waves” was published by Law360 on September 21.

Moore & Van Allen (MVA) Co-head of White Collar, Regulatory Defense & Investigations and Head of Civil Rights & Racial Equity Assessments Valecia McDowell and Litigation Associate Raquel Macgregor Pearkes  co-author the article titled, “Amotion sees resurgence after almost a decade” was published by NCLW on September 19, the same day that this issue was argued on appeal to the 4th U.S. Circuit Court of Appeals.

Moore & Van Allen (MVA) Environmental Member Peter McGrath‘s article, “Bat's Newly Endangered Status Likely To Slow Development” was published by Law360 on Sept 15.

Moore & Van Allen (MVA) Environmental Associate Pierce Werner, Head of Environmental Mary Katherine Stukes and Member Peter McGrath co-author the article titled, “Moving goalposts: U.S. Supreme Court narrows scope of federal protection for wetlands,” published by Westlaw on August 10.

Moore & Van Allen (MVA) Intellectual Property Associate Anup Iyer’s article, “How to Get Around the AI Trust Paradox in Legal Practice” was published by Bloomberg Law on August 7. In this article Anup analyzes AI’s benefits for legal work and how attorneys might navigate human-AI collaboration to achieve accuracy from both sides.

Moore & Van Allen (MVA) Intellectual Property Associate Anup Iyer and Member Nick Russell’s article “Drafting patent claims for AI-based inventions: navigating eligibility and precision” was published by Westlaw on August 7. Anup and Nick discuss how as technology accelerates, our legal systems, particularly the patent system, struggle to keep pace.

Moore & Van Allen (MVA) Litigation Counsel Courtney Duncil's article “Why ChatGPT Won’t Put Discovery Counsel Out of a Job” was published by Bloomberg Law on August 2. AI has revolutionized e-discovery, and in this article Courtney discusses how discovery attorneys are more relevant to the process than ever, particularly when it comes to protecting client data confidentiality.

Moore & Van Allen (MVA) Employment & Labor Associate Kyle Jacob and Litigation Member Jim McLoughlin’s article titled, “Supreme Court dramatically expands scope of state court jurisdiction over businesses” was published by Westlaw on July 25.

Moore & Van Allen (MVA) Litigation Member Tanisha Palvia discuss the Supreme Court decision on the intent standard for False Claims Act violations and explore its implications in their article titled, “SCOTUS clarifies intent requirement for False Claims Act cases”

Moore & Van Allen (MVA) Litigation Associate Sarah Sheridan’s article titled “Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege” was published by South Carolina Lawyers Weekly on June 9.

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 in The Licensing Journal volume 43, number 5.

Moore & Van Allen (MVA) Litigation Associate Elena Mitchell’s article titled, “Attorneys Should Have An Ethical Duty To Advance DEI,” was published by Law360 on May 8.

Moore & Van Allen (MVA) Litigation Associate Lexi Narducci’s article titled, “The sun sets on a takings clause claim,” was published by North Carolina Lawyers Weekly on May 8. The article discussed the decision of the 4th Circuit in the Epcon Homestead, LLC v. Town of Chapel Hill case.

Moore & Van Allen (MVA) Senior Counsel Sarah Byrne co-authored the Law360 article, “Meeting The Legal Aid Needs Of Human Trafficking Survivors” which was published April 21.

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 and Litigation Associate John Lightbourne 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 (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) 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) Financial Regulatory Advice & Response Senior Counsel Sarah Byrne and Litigation Associate Jules Carter co-authored the article, “A Penumbra of Rights at Risk: Human Trafficking Victims’ Rights in Federal Criminal Cases” which was published by the Boston University Law School Public Interest Law Journal Volume 31.2- Symposium 2022.

Moore & Van Allen (MVA) Litigation Associate Jules Carter and Corporate Member Carolyn Meade co-authored the article titled, “How FinCEN Shell Co. Rules Differ From Past BSA Standards” which was published by Law360 on March 11.

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 Restructuring Member Gabe Mathless 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.

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 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.