Insights Archive

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. 

Charlotte Litigation Member Neil Bloomfield's article titled “Moving From The Duplicative Fines Of The Financial Crisis” was published in Law360 on June 26.

Charlotte Litigation Member Neil Bloomfield and Associate Elena Mitchell were published in Corporate Compliance Insights on May 4.

Charlotte Wealth & Estate Planning Member Mark Horn and Associate Thomas Cooper were recently published in the North Carolina Bar Association’s newsletter The Will & The Way which is distributed to estate planning attorneys across the state.

All commercial real estate transactions involve some level of environmental risk, regardless of whether the property being transferred was formerly used for industrial, commercial, agricultural, or residential purposes. Accordingly, it is important for a buyer to consider conducting some level of environmental due diligence prior to purchasing real property. Environmental due diligence will allow the buyer to identify and quantify the environmental issues associated with the property.

Charlotte Global Services Member Steve Hader and Immigration Associate Amanda Franklin were published in Law360 on December 21. Their article titled, "Make A List, Check It Twice: Preparing For H-1B Cap Filing," provides employers and immigration practitioners with a guide on how to begin preparing now considering the potential pitfalls and recent trends with H-1B adjudications. 

Charlotte Litigation Member Neil Bloomfield was recently featured on the NCBA’s Litigation Section Blog. Bloomfield’s article analyzes Goodyear Tire & Rubber Co. v. Haeger and provides a summary of the U.S. Supreme Court’s decision which clarified that even a district court’s exercise of broad discretion to impose a civil sanction for a litigant’s bad faith conduct has to be limited by a causal link.

In an era of increased oversight, regulatory agencies have taken a greater interest in standardizing the conduct of financial institutions. An area of ongoing interest is the protection of confidential supervisory information (CSI), a term used by the banking agencies to refer to information that is prepared by, on behalf of, or for the use of financial regulatory agencies, including state or federal banking supervisors. CSI extends to information related to an examination, inspection, or other visitation of an institution. Each of the regulators has issued rules that govern the disclosure of CSI by “supervised financial institutions.”

MVA Ethics & Compliance Counsel Sarah Byrne was published in Law360 on August 23. Her article, "A Law Firm Guide To Helping Victims Of Human Trafficking," provides readers with the steps to begin assisting victims of human trafficking with their various legal needs such as addressing past criminal records, advocating for victim-witness rights, and other civil matters. 

On August 15, Ethics & Compliance Counsel and member of the Charlotte Metropolitan Human Trafficking Task Force Sarah Byrne was featured on Charlotte Talks as a panelist discussing the problem of human trafficking in North Carolina, what to look for in finding victims and how Charlotte-area groups are working together to fight this problem.

Charlotte Bankruptcy Member Luis Lluberas and Associate Gabe Mathless were published in Westlaw Journal Bank & Lender Liability on August 7. The article titled, "Henson leaves lingering risks for purchasers of defaulted consumer loans," discusses Henson v. Santander Consumer USA Inc., a case which was recently considered by the U.S. Supreme Court.

Charlotte Litigation Member Peter McGrath’s recent article was published in Westlaw Journal on May 24.  In the article McGrath analyzes a lawsuit filed by Pennsylvania’s Department of Environmental Protection seeking to force two townships to approve the underground injection and disposal of contaminated fracking fluids in spite of the risks.

Charlotte Bankruptcy Member Zach Smith served as a contributing author in the International Comparative Legal Guide to: Lending & Secured Finance 2017 which covers common issues in lending and secured finance laws and regulations.

Author, “More Sense than Money: National Charter Option for FinTech Firms is the Right Choice,” 18 N.C.J.L. & Tech. On. 359, 2017

Charlotte Litigation Member Ed O’Keefe and Associates Malaika Staten recently co-authored an article in The Clearing House. In an era of increased oversight, regulatory agencies have taken a greater interest in standardizing the conduct of financial institutions.

Charlotte Intellectual Property Member Todd Taylor's latest article was published in  The Hill on January 12. The article titled, "A collision of rules in the evolving world of online banking," discusses the new players and challenges associated with the migration of banking and money management to online channels.

Charleston Employment Member Brandon Gaskins was mentioned in The Post and Courier on December 11, 2016. The article, "Republican surge tilts balance of Berkeley County School Board," discusses the how the newly elected school board will shape the school district for years to come. 

The Firm's Human Trafficking Project, and project leaders Sarah Byrne, Stephanie Gryder, and Sally Hentz, were featured on the front page article of Carolina Paralegal News.

Senior Counsel Todd Taylor was published on the front page of The Corporate Counselor's December issue.

Senior Counsel Todd Taylor published social media insight in Bloomberg BNA's Social Media Law & Policy Report.

MVA Member Carolyn Meade was named the 2013-2014 Women's Impact Fund Incoming Board Chair.