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November 16, 2021

7 Due Diligence Issues to Avoid False Claims Act Lawsuits

Nelson Mullins partners Jennifer Malinovsky and Ed White join Alice Harris, an attorney with Nexsen Pruet, to go over the key compliance areas to look for in due diligence. 

Click here to learn more.
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B. Rush Smith III

B. Rush Smith III

Partner

Meridian
1320 Main Street
17th Floor
Columbia, SC 29201
T 803.255.9492
F 803.255.9026
rush.smith@nelsonmullins.com
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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.

 

B. Rush Smith III

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.
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.

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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

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

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