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Idea Exchange
The LatestView All
July 14, 2021
Bankruptcy Slowdown Prompts Lawyers to Pivot to Transactions and Litigation
Carmen Harper Thomas
Partner
Meridian
1320 Main Street
17th Floor
Columbia, SC 29201
1320 Main Street
17th Floor
Columbia, SC 29201
carmen.thomas@nelsonmullins.com
Carmen is a litigator whose experience includes resolving disputes and regulatory issues for financial services companies, professionals and their firms, and companies with innovative technology or business models.
Carmen is a litigator whose experience includes resolving disputes and regulatory issues for financial services companies, professionals and their firms, and companies with innovative technology or business models.
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
- Litigation and regulatory and enforcement counsel on a variety of financial services issues, including the following:
- Fair Debt Collection Practices Act
- Telephone Consumer Protection Act
- Fair Credit Reporting Act
- Real Estate Settlement Procedures Act
- Truth in Lending Act
- South Carolina Consumer Protection Code, including the Attorney and Insurance Preference Statute, online installment loan issues, and other Uniform Consumer Credit Code statutory compliance issues
- Uniform Commercial Code and negotiable instruments
- Federal and South Carolina SAFE Acts
- Federal and state loss mitigation programs
- Mortgage foreclosure and documentation issues
- Taxation and cancellation of indebtedness
- Creditor issues in bankruptcy
- Has represented businesses in protecting trade secrets and proprietary information especially involving technology
- Has defended innovative businesses in matters addressing conflicts between their business models and current legal and regulatory frameworks
- Has defended entities in cases regarding the scope of the practice of law, including the intersection of legal services and technology
- Has negotiated and represented clients with disputes involving the public sector, including state regulatory agencies
- Has resolved disputes regarding utility rates and other energy issues
- Has defended businesses in state- and nation-wide class actions in state and federal courts
Previous Professional Experience
- Law clerk, S.C. Senate Judiciary Committee
- Planning Manager, S.C. Department of Commerce
- Developed annual plans for federal funding used for statewide economic development, infrastructure, community facilities, and housing development and rehabilitation projects
- State Planner, South Carolina Energy Office within the S.C. State Budget and Control Board
- Coordinated the annual Strategic Energy Action Plan and researched and implemented energy use and renewable energy policies for South Carolina, including solar, fuel cell, biomass, and transportation efficiency projects
- Legislative Aide and Page, S.C. House of Representatives
Education
-
University of South Carolina School of Law,
JD,
cum laude
(2007)
- Editor in Chief of the South Carolina Law Review
- CALI Excellence for the Future Awards in Securities Regulation and Media Law
- Order of the Wig and Robe
- Student Member, John Belton O'Neall Inn of Court
- University of South Carolina, Master of Public Administration (2002)
- University of South Carolina, Honors College, BA, Journalism and Mass Communications, cum laude (1999)
Admissions
- South Carolina
- Supreme Court of the United States
- U.S. Bankruptcy Court, District of South Carolina
- U.S. Court of Appeals for the Fourth 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
- Litigation and regulatory and enforcement counsel on a variety of financial services issues, including the following:
- Fair Debt Collection Practices Act
- Telephone Consumer Protection Act
- Fair Credit Reporting Act
- Real Estate Settlement Procedures Act
- Truth in Lending Act
- South Carolina Consumer Protection Code, including the Attorney and Insurance Preference Statute, online installment loan issues, and other Uniform Consumer Credit Code statutory compliance issues
- Uniform Commercial Code and negotiable instruments
- Federal and South Carolina SAFE Acts
- Federal and state loss mitigation programs
- Mortgage foreclosure and documentation issues
- Taxation and cancellation of indebtedness
- Creditor issues in bankruptcy
- Has represented businesses in protecting trade secrets and proprietary information especially involving technology
- Has defended innovative businesses in matters addressing conflicts between their business models and current legal and regulatory frameworks
- Has defended entities in cases regarding the scope of the practice of law, including the intersection of legal services and technology
- Has negotiated and represented clients with disputes involving the public sector, including state regulatory agencies
- Has resolved disputes regarding utility rates and other energy issues
- Has defended businesses in state- and nation-wide class actions in state and federal courts
Previous Professional Experience
- Law clerk, S.C. Senate Judiciary Committee
- Planning Manager, S.C. Department of Commerce
- Developed annual plans for federal funding used for statewide economic development, infrastructure, community facilities, and housing development and rehabilitation projects
- State Planner, South Carolina Energy Office within the S.C. State Budget and Control Board
- Coordinated the annual Strategic Energy Action Plan and researched and implemented energy use and renewable energy policies for South Carolina, including solar, fuel cell, biomass, and transportation efficiency projects
- Legislative Aide and Page, S.C. House of Representatives
Articles & Speeches
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®, Commercial Litigation, Mass Tort Litigation/Class Actions – Defendants (2020–2022)
- Leadership SC Class of 2018
- Leadership Council on Legal Diversity 2018 Fellow
- South Carolina Super Lawyers Rising Star, Banking (2013–2017)
- Riley Institute, Diversity Leaders Initiative, Midlands Class 2016
- South Carolina Law Review Alumni Award (2012–2013)
- South Carolina Bar Leadership Academy (2012)
Professional Activities
- American Bar Association
- Business Law Section, Consumer Financial Services Committee
- Federal and State Trade Practices Subcommittee, Co-Vice Chair (2019–present)
- Task Force on Small Dollar Lending, Young Lawyer Liaison (2014–2015)
- Commission on the Future of Legal Services (2015)
- Business Law Section Subcommittee on Business Courts, Vice Chair (2012–2014)
- Business Law Section, Consumer Financial Services Committee
- South Carolina Bar
- Consumer Law Section Council, Chair (2020–2021), Chair-Elect (2019–2020), Council (2012–present)
- Ethics Advisory Committee (2019–present)
- House of Delegates (2015–2016)
- John Belton O’Neall Inn of Court, President (2016–2017), Executive Committee (2014–2018)
- Fourth Circuit Judicial Conference, Permanent Member
- American Bar Foundation, Fellow
- Defense Research Institute
- SC Defense Trial Attorneys Association
- South Carolina Women Lawyers Association
- Richland County Bar Association, Public Service Committee (2008–2014)
- Nelson Mullins Associates Committee Chair (2021–2022), Vice Chair (2019–2020); Columbia LGBTQ+ Affinity Group Ally (2020–present)
Community
- Boys and Girls Club of the Midlands Board Member (2016–present), Resource Development Chair (2018–present), Vice Chair (2020–2022)
- University of South Carolina Board of Visitors (2015–present), Chair (2020–2021)
- University of South Carolina, University Associates
- Women’s Rights and Empowerment Network, Advisory Group (2018–present)
- Homeless Experience Legal Protection Project, Co-founder, Volunteer Coordinator, and Volunteer (2008–2014)
Carmen is a litigator whose experience includes resolving disputes and regulatory issues for financial services companies, professionals and their firms, and companies with innovative technology or business models.
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
- Litigation and regulatory and enforcement counsel on a variety of financial services issues, including the following:
- Fair Debt Collection Practices Act
- Telephone Consumer Protection Act
- Fair Credit Reporting Act
- Real Estate Settlement Procedures Act
- Truth in Lending Act
- South Carolina Consumer Protection Code, including the Attorney and Insurance Preference Statute, online installment loan issues, and other Uniform Consumer Credit Code statutory compliance issues
- Uniform Commercial Code and negotiable instruments
- Federal and South Carolina SAFE Acts
- Federal and state loss mitigation programs
- Mortgage foreclosure and documentation issues
- Taxation and cancellation of indebtedness
- Creditor issues in bankruptcy
- Has represented businesses in protecting trade secrets and proprietary information especially involving technology
- Has defended innovative businesses in matters addressing conflicts between their business models and current legal and regulatory frameworks
- Has defended entities in cases regarding the scope of the practice of law, including the intersection of legal services and technology
- Has negotiated and represented clients with disputes involving the public sector, including state regulatory agencies
- Has resolved disputes regarding utility rates and other energy issues
- Has defended businesses in state- and nation-wide class actions in state and federal courts
Previous Professional Experience
- Law clerk, S.C. Senate Judiciary Committee
- Planning Manager, S.C. Department of Commerce
- Developed annual plans for federal funding used for statewide economic development, infrastructure, community facilities, and housing development and rehabilitation projects
- State Planner, South Carolina Energy Office within the S.C. State Budget and Control Board
- Coordinated the annual Strategic Energy Action Plan and researched and implemented energy use and renewable energy policies for South Carolina, including solar, fuel cell, biomass, and transportation efficiency projects
- Legislative Aide and Page, S.C. House of Representatives
Education
-
University of South Carolina School of Law,
JD,
cum laude
(2007)
- Editor in Chief of the South Carolina Law Review
- CALI Excellence for the Future Awards in Securities Regulation and Media Law
- Order of the Wig and Robe
- Student Member, John Belton O'Neall Inn of Court
- University of South Carolina, Master of Public Administration (2002)
- University of South Carolina, Honors College, BA, Journalism and Mass Communications, cum laude (1999)
Admissions
- South Carolina
- Supreme Court of the United States
- U.S. Bankruptcy Court, District of South Carolina
- U.S. Court of Appeals for the Fourth Circuit
- U.S. District Court for the District of South Carolina
Practice Areas
- Banking & Financial Services
- Commercial Litigation & Business Torts
- Consumer Financial Services
- Energy
- Financial Institutions Corporate & Regulatory
- FinTech
- Financial Services Advisory
- Class Action & Multi-Claim Litigation
- Professional Liability
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®, Commercial Litigation, Mass Tort Litigation/Class Actions – Defendants (2020–2022)
- Leadership SC Class of 2018
- Leadership Council on Legal Diversity 2018 Fellow
- South Carolina Super Lawyers Rising Star, Banking (2013–2017)
- Riley Institute, Diversity Leaders Initiative, Midlands Class 2016
- South Carolina Law Review Alumni Award (2012–2013)
- South Carolina Bar Leadership Academy (2012)
- American Bar Association
- Business Law Section, Consumer Financial Services Committee
- Federal and State Trade Practices Subcommittee, Co-Vice Chair (2019–present)
- Task Force on Small Dollar Lending, Young Lawyer Liaison (2014–2015)
- Commission on the Future of Legal Services (2015)
- Business Law Section Subcommittee on Business Courts, Vice Chair (2012–2014)
- Business Law Section, Consumer Financial Services Committee
- South Carolina Bar
- Consumer Law Section Council, Chair (2020–2021), Chair-Elect (2019–2020), Council (2012–present)
- Ethics Advisory Committee (2019–present)
- House of Delegates (2015–2016)
- John Belton O’Neall Inn of Court, President (2016–2017), Executive Committee (2014–2018)
- Fourth Circuit Judicial Conference, Permanent Member
- American Bar Foundation, Fellow
- Defense Research Institute
- SC Defense Trial Attorneys Association
- South Carolina Women Lawyers Association
- Richland County Bar Association, Public Service Committee (2008–2014)
- Nelson Mullins Associates Committee Chair (2021–2022), Vice Chair (2019–2020); Columbia LGBTQ+ Affinity Group Ally (2020–present)
- Boys and Girls Club of the Midlands Board Member (2016–present), Resource Development Chair (2018–present), Vice Chair (2020–2022)
- University of South Carolina Board of Visitors (2015–present), Chair (2020–2021)
- University of South Carolina, University Associates
- Women’s Rights and Empowerment Network, Advisory Group (2018–present)
- Homeless Experience Legal Protection Project, Co-founder, Volunteer Coordinator, and Volunteer (2008–2014)
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