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Idea Exchange
Turning 125: Nelson Mullins Celebrating 125 Years of Legal Service in 2022
In January 1897, attorney P.H. Nelson left his position as solicitor of the Fifth Judicial Circuit to set up a private law practice in Columbia, S.C. The State newspaper contained a short but prescient news item on Jan. 26 about the endeavor, which noted that "the new firm should meet with great success."
And they were right. Today, Nelson Mullins Riley & Scarborough LLP offers legal services in 15 states and the District of Columbia from 31 offices with 930+ attorneys, policy advisors, and professionals. It is the 71st largest law firm in the nation based on 2021 gross revenues, according to The American Lawyer’s Am Law 100, a legal news organization that tracks law firm growth.
Throughout 2022, Nelson Mullins will be sharing seminal events from its history that highlight its growth from a one-man firm in 1897 to where we are today. Click here to learn more.
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July 6, 2022
Partner Virginia "Ginger" Rolfes will be a panelist for a CLE on July 6 titled "Real Estate Finance: Structuring Earnout, Release Parcel, and Partial Prepayment/Defeasance Provisions." The CLE will discuss holdbacks and earnout provisions under which mortgage proceeds are retained by the lender but made available to the borrower upon satisfaction of certain conditions. The panel will also analyze provisions that allow for the release of a parcel post-closing, including the subdivision, easement rights, and entity issues to address. In addition, the panel will discuss the prepayment and partial defeasance options with either scenario.
Real Estate Finance: Structuring Earnout, Release Parcel, and Partial Prepayment/Defeasance Provisions Hosted by: Strafford
B. Rush Smith III
Partner
Meridian
1320 Main Street
17th Floor
Columbia, SC 29201
1320 Main Street
17th Floor
Columbia, SC 29201
rush.smith@nelsonmullins.com
Rush concentrates on complex civil litigation, primarily consumer class actions. He serves as leader of the firm's consumer financial services litigation practice group.
Rush concentrates on complex civil litigation, primarily consumer class actions. He serves as leader of the firm's consumer financial services litigation practice group.
Experience
Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.
Experience
- The defense of consumer class actions in state and federal courts in a number of industries
- The representation of financial institutions in litigation, including mortgage lenders and servicers
- The defense of businesses accused of engaging in the unauthorized practice of law
Representative Cases
- Defended public power authority in multibillion-dollar consumer class actions arising from cancellation of nuclear power project.
- Defended public power authority in consumer class action arising from cancellation of coal-fired power project.
- Represented a provider of online legal forms and services, defending unauthorized practice of law claims in the original jurisdiction of state supreme court.
- Defended online mortgage lender in putative class action raising unauthorized practice of law claims.
- Defended hospitals in multiple class actions challenging pricing for services provided to uninsured patients.
- Served as lead counsel for hospitals in a bilateral class action arising under a state statute providing for collection of debts.
- Represented a public power authority in a class actions arising from allegations about rates and disposition of property.
- Represented lenders accused of violating the Real Estate Settlement Procedures Act (RESPA) in connection with the payment of broker compensation.
- Represented retailers accused of collecting sales taxes from consumers in violation of state law in a bilateral class action.
- Coordinated the firm's defense of numerous class actions arising under the South Carolina "attorney preference" statute.
- Represented lenders accused of violating the UCC's "notice of sale" provision.
- Represented mortgage insurance company accused of "adverse action" and lender accused of sending unlawful prescreened solicitations under the FCRA.
Education
-
University of South Carolina School of Law,
JD,
cum laude
(1989)
- Order of Wig and Robe
- Order of the Coif
- Articles Editor, South Carolina Law Review (1988-89)
- Clemson University, BS, Engineering Analysis (1980)
Admissions
- South Carolina
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. District Court for the District of South Carolina
Practice Areas
Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.
Experience
- The defense of consumer class actions in state and federal courts in a number of industries
- The representation of financial institutions in litigation, including mortgage lenders and servicers
- The defense of businesses accused of engaging in the unauthorized practice of law
Representative Cases
- Defended public power authority in multibillion-dollar consumer class actions arising from cancellation of nuclear power project.
- Defended public power authority in consumer class action arising from cancellation of coal-fired power project.
- Represented a provider of online legal forms and services, defending unauthorized practice of law claims in the original jurisdiction of state supreme court.
- Defended online mortgage lender in putative class action raising unauthorized practice of law claims.
- Defended hospitals in multiple class actions challenging pricing for services provided to uninsured patients.
- Served as lead counsel for hospitals in a bilateral class action arising under a state statute providing for collection of debts.
- Represented a public power authority in a class actions arising from allegations about rates and disposition of property.
- Represented lenders accused of violating the Real Estate Settlement Procedures Act (RESPA) in connection with the payment of broker compensation.
- Represented retailers accused of collecting sales taxes from consumers in violation of state law in a bilateral class action.
- Coordinated the firm's defense of numerous class actions arising under the South Carolina "attorney preference" statute.
- Represented lenders accused of violating the UCC's "notice of sale" provision.
- Represented mortgage insurance company accused of "adverse action" and lender accused of sending unlawful prescreened solicitations under the FCRA.
Media
Recognitions
The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.
- The Best Lawyers in America® Lawyer of the Year for Financial Services Regulation Law in Columbia, S.C. (2020)
- The Best Lawyers in America®, Bet-the-Company Litigation, Commercial Litigation, Banking and Finance Litigation, and Mass Tort Litigation/Class Actions - Defendants (2003–2022), Financial Services Regulation Law (2021–2022)
Professional Activities
- Business Law Section, Consumer Financial Services Committee, American Bar Association
- International Association of Defense Counsel (IADC)
- John Belton O'Neall Inn of Court
- Richland County Bar Association
Community
- Harvest Hope Food Bank, Executive Committee, Governance
Rush concentrates on complex civil litigation, primarily consumer class actions. He serves as leader of the firm's consumer financial services litigation practice group.
Experience
Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.Experience
- The defense of consumer class actions in state and federal courts in a number of industries
- The representation of financial institutions in litigation, including mortgage lenders and servicers
- The defense of businesses accused of engaging in the unauthorized practice of law
Representative Cases
- Defended public power authority in multibillion-dollar consumer class actions arising from cancellation of nuclear power project.
- Defended public power authority in consumer class action arising from cancellation of coal-fired power project.
- Represented a provider of online legal forms and services, defending unauthorized practice of law claims in the original jurisdiction of state supreme court.
- Defended online mortgage lender in putative class action raising unauthorized practice of law claims.
- Defended hospitals in multiple class actions challenging pricing for services provided to uninsured patients.
- Served as lead counsel for hospitals in a bilateral class action arising under a state statute providing for collection of debts.
- Represented a public power authority in a class actions arising from allegations about rates and disposition of property.
- Represented lenders accused of violating the Real Estate Settlement Procedures Act (RESPA) in connection with the payment of broker compensation.
- Represented retailers accused of collecting sales taxes from consumers in violation of state law in a bilateral class action.
- Coordinated the firm's defense of numerous class actions arising under the South Carolina "attorney preference" statute.
- Represented lenders accused of violating the UCC's "notice of sale" provision.
- Represented mortgage insurance company accused of "adverse action" and lender accused of sending unlawful prescreened solicitations under the FCRA.
Education
-
University of South Carolina School of Law,
JD,
cum laude
(1989)
- Order of Wig and Robe
- Order of the Coif
- Articles Editor, South Carolina Law Review (1988-89)
- Clemson University, BS, Engineering Analysis (1980)
Admissions
- South Carolina
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. District Court for the District of South Carolina
Practice Areas
- Banking & Financial Services
- Class Action & Multi-Claim Litigation
- Consumer Financial Services
- Cybersecurity & Data Breach Response
- Litigation
Industries
The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.
- The Best Lawyers in America® Lawyer of the Year for Financial Services Regulation Law in Columbia, S.C. (2020)
- The Best Lawyers in America®, Bet-the-Company Litigation, Commercial Litigation, Banking and Finance Litigation, and Mass Tort Litigation/Class Actions - Defendants (2003–2022), Financial Services Regulation Law (2021–2022)
- Business Law Section, Consumer Financial Services Committee, American Bar Association
- International Association of Defense Counsel (IADC)
- John Belton O'Neall Inn of Court
- Richland County Bar Association
- Harvest Hope Food Bank, Executive Committee, Governance
Highlights from the Firm’s Idea Exchange
Effective Oversight of FinTech Partnerships
June 23, 2022
Old North State Report – June 17, 2022
June 17, 2022
Old North State Report – June 10, 2022
June 10, 2022
Old North State Report – June 3, 2022
June 3, 2022