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The IRS released a draft of Form 1099-DA “Digital Asset Proceeds from Broker Transactions” in April which will require anyone defined as a “broker” to report certain information related to the sale of digital assets. The new reporting requirements will be effective for transactions occurring in 2025

In a famous Seinfeld episode, a master soup maker had strict rules for ordering his delicious confections. A violation of his rules, resulted in “No soup for you!” Just like the soup maker who had the power to withhold soup from anyone who violated the rules for ordering soup, the U.S. Securities

WASHINGTON, D.C. – Nelson Mullins Riley & Scarborough LLP’s Charleston office managing partner John C. McElwaine has been selected as a 2023 World Trademark Review Global Leader. Now in its fifth edition, the guide, entitled the “WTR Global Leaders: Private Practice” lists McElwaine as a Global Lead

For vulnerable New Yorkers—whether facing domestic violence, disability, or the challenges of aging—secure housing and long-term support are critical to rebuilding their lives. Since the early 1980s, Barrier Free Living (BFL) has been meeting that need in New York City, operating domestic violence s

The U.S. Commodity Futures Trading Commission (CFTC) filed a complaint on Jan. 9, 2023, in the U.S. District Court for the Southern District of New York against Avraham Eisenberg. The U.S. Securities and Exchange Commission (SEC) also filed a complaint against Eisenberg on Jan. 20, 2023. The complai

Nelson Mullins Riley & Scarborough LLP is ranked No. 4 among legal advisers in the total number of deals in the 2022 S&P Global Market Intelligence League Tables for the United States Banking industry, which is an increase from its 2021 No. 8 ranking.Neil Grayson, head of the firm's Financial Se

CHARLESTON, S.C. — John C. McElwaine, office managing partner of Nelson Mullins Riley & Scarborough LLP’s Charleston office, has been named to the Who’s Who Legal (WWL): Intellectual Property 2023 report by legal publisher Law Business Research. This recognition is given to the highest-ranking lawye

This is the third installment of our series evaluating the choice between starting a “new” bank through the de novo chartering process or purchasing an existing bank to implement the new business plan. Since we first wrote on this topic, we have been fortunate to assist a number of clients in formin

Conditions have certainly changed since we last evaluated the choice between starting a “new” bank with a de novo charter versus purchasing an existing bank to implement the “new” bank’s business plan. When we wrote our first Build or Buy article in the fall of 2019, the economy was still riding a s

GREENVILLE, S.C. — Nelson Mullins Riley & Scarborough LLP recently recognized two attorneys from the firm’s Greenville office with the Claude M. Scarborough Pro Bono Award for their outstanding commitment and contributions to pro bono work. This year’s honorees from the firm’s Greenville office were

“Build it or buy it?” The question is not just for home buyers — it also applies to those seeking to start a bank.There are two well-established ways to start a bank and, at any given time over the past 40 years, it has usually been clear which approach made more sense.In the 1990s, high regulatory

Nelson Mullins partner Richard Levin will be speaking on a panel at Hong Kong FinTech Week on Nov. 2, 2023, at the Hong Kong Convention and Exhibition Center in Wan Chai North, Hong Kong Island. Levin will be speaking on a panel titled "Risks and Opportunities of Emerging Products: Crypto Deriv

This article provides an analysis of the U.S.-based Russia-Ukraine sanctions program and the unintended consequences resulting from said sanctions, including the sanctions’ affects on Russian people who live elsewhere in the world.These sanctions are not generally aimed at startups that have Russian

Left to right, Emily Guerrero, Elisa Kodish, Norah RogersATLANTA — Nelson Mullins Riley & Scarborough LLP has tapped Atlanta partner Elisa Kodish to serve as the firm’s national Pro Bono Partner, leading the award-winning program as it invests further in its mission of providing legal services to th

The Internal Revenue Service (“IRS”) issued final regulations on December 27, 2024, relating to information reporting requirements for brokers of digital asset transactions. Treasury Rule No. 2024-30496, “Gross Proceeds Reporting by Brokers that Regularly Provide Services Effectuating Digital Asset

Recently issued guidance from the Federal Trade Commission (FTC) addresses frequently asked questions about the application of the agency’s Safeguards Rule, 16 C.F.R. § 314.1 et seq., to new car dealers since the 2023 overhaul of that rule. The latest guidance also reaffirmed the FTC’s 2005 guidance

The rapid evolution of artificial intelligence has undeniably transformed the digital landscape, with AI-generated content becoming increasingly common. This shift has profound implications for brand owners introducing both challenges and opportunities.One of the most pressing concerns is trademark

Continuing the FinTech University webinar series, Nelson Mullins attorneys Richard Levin, Jeff Kelly, Matthew Lindenbaum, and Rob Lindholm will present “Fear the Reaper – FinTech and Digital Assets Litigation”. This session will cover SEC Wells Notices and enforcement actions, and lawsuits against t

Nelson Mullins’ FinTech and Regulation Practice has been recognized by the International Financial Law Review (IFLR) as a leading digital finance practice in the Americas. The following members of the Nelson Mullins FinTech and Regulation Practice were recognized: Katie Baker, Lori Anne Czepiel, Chr

New York partner Lori Anne Czepiel will join industry leaders on the panel "Banking on Innovation: Shaping the Future of Financial Services" at the Banking Transformation Summit on Tuesday, Nov. 19. The panel includes Cynthia Jackson with U.S. Bank, Amina Turgulova with Solidus Labs, and L

ATLANTA – Nelson Mullins Riley & Scarborough LLP, a full-service national law firm with offices from coast to coast, is pleased to welcome partner Jim Dudukovich to its corporate practice in Atlanta. Dudukovich brings three decades of multifaceted legal experience to the role and will spearhead the

Nelson Mullins partners Brad Rustin and Craig Nazzaro, along with associate Marianna McDevitt, will present a one-hour webinar on July 25. This webinar will focus on best practices as to how banks should apply the current broker deposit regulations and guidance within their Fintech partnerships and

Richard B. Levin, Daniel Newman, and Bobby Wenner of the Nelson Mullins FinTech and Regulation Practice recently published an article in the 2024/25 edition of the International Fintech Review. The article discusses the use of the major questions doctrine by defendants in enforcement actions by the

In its just-released Financial Stability Report, the Board of Governors of the Federal Reserve System reveals that it has its eye on stablecoins, which now amount to more than $180 billion in the cryptocurrency market. The Fed has identified stablecoins as potentially backed by volatile assets that

As Financial Technology, or "FinTech," continues to boom, we are happy to release the upcoming schedule for FinTech University, a series of webinars focusing on FinTech and how it's changing our world.Mark your calendars and register to participate virtually in future FinTech Universit

The Federal Reserve began accepting lender applications to participate in the Main Street Lending Program (the “Program”), which is a lending program intended to provide liquidity to small and medium-sized businesses with 15,000 or fewer employees or $5 billion or less in 2019 revenue. See our prior

As recently discussed in FinTech Nostradamus, the SEC recently doubled the size of its Crypto Assets and Cyber Unit. Since its inception in 2017, the SEC’s Crypto Assets and Cyber Unit has launched more than 80 investigations resulting in over $2 billion in monetary penalties. With more dedicated in

Dallas partner Paula Pendley was featured on a recent episode of the Coin Stories podcast, titled “Legally Bitcoin with Paula Pendley: The Intersection of Bitcoin, AI, & Legal Power Plays.” Hosted by Natalie Brunell, the podcast focuses on one-on-one interviews with thought leaders in Bitcoin and ma

Nelson Mullins partners Benjamin Barnhill, Neil Grayson, and Brennan Ryan co-authored an article titled “Build Or Buy: Assessing Options For Starting A New Bank,” which was published by Law360. This article examines the differences between starting a new bank by using the de novo chartering process,

Nelson Mullins will have its annual Financial Services Conference in Washington, D.C. This event will feature a lineup of national speakers on the future of financial services. The conference agenda is available here.For those who cannot attend in person, there is an option to attend virtually. Plea

Join Raleigh partner Jeff Kelly when he speaks on the “Updates on Key Crypto Litigation” panel during the 2025 Digital Assets at Duke Conference in Durham, North Carolina on Feb. 5-7.Kelly will be joined by Ryan VanGrack of Coinbase and Duke Professor Lee Reiners, CFA to provide updates on key crypt

A bank’s board of directors should reflect the diversity of its senior management, its employees, its shareholders, customers, and its community. A diverse board of directors can help cultivate multiple perspectives from the top of the organization down to all levels of the company, and extend out t

At the Ole Miss School of Business' 2023 Banking and Finance Symposium, Nelson Mullins partner Richard Levin is speaking during a presentation titled, "Leveraging Digital Assets/Blockchain and AI."Levin leads the firm's FinTech and Regulation Practice. He advises clients on corpora

As part of a series from Nelson Mullins' AI Task Force, you can now get an inside look of what United States companies can expect from the U.S.-international framework convention on artificial intelligence.The Framework Convention on Artificial Intelligence (the “Framework Convention”), the firs

(Pictured from left to right: senior technology coach Julie Clegg, associates Assumpta Iheaso and Lane Ballinger, Dallas office manager Jason Torres, and F.M. Gilbert Elementary School assistant principal Kesha Valtierra.)IRVING, Texas — Jason Torres, the office manager of Nelson Mullins Riley & Sca

Matthew is the leader of Nelson Mullins’ National Arbitration, Litigation, and Employment Team, co-chair of the firm’s Securities Practice, and co-chair of the firm's Sanctions Practice. He represents companies in high-stakes litigation with an emphasis on class action defense in the financial s

Committed to excellence in client service and our profession. We are committed to serving the public welfare, advancing diversity, and professional leadership.

On March 18, 2020, President Trump signed H.R. 6201, the Families First Coronavirus Response Act (Families First Act). In addition to the expansion of family and medical leave, and the requirement to provide paid leave, the Families First Act also provides for federal grants to state unemployment fu

Our Encompass practice group provides clients and co-counsel with end-to-end eDiscovery technology, document review, and integrated counsel and advocacy.

Our team has represented scores of startups over several decades, and is here to guide high-growing companies to achieve their lofty business goals.

Buzz is a senior partner of the corporate/securities/tax division and serves as co-leader of the firm’s International Practice Group, Sanctions Practice Group, and Aerospace Defense & National Security Practice Group member. With over four decades of legal experience, Buzz is widely recognized for h

Our payments and digital commerce attorneys help clients get deals done, get apps and products built and to market, and to stay compliant.

Jim is the managing partner of the firm. In addition to his management responsibilities, he practices in the areas of business and securities litigation, white collar investigations, and professional liability.Jim has also served in senior executive management positions. In 2001, he became Senior Vi

Bob brings more than three decades of experience to a dynamic everchanging healthcare landscape. Bob has carved a niche as an experienced healthcare and business lawyer, recognized for his handling of complex transactions, regulatory compliance, administrative litigation, and a wide spectrum of busi

David is a trusted strategic advisor and advocate for businesses and high net-worth individuals, and has achieved outstanding outcomes and return on investment in high-stakes cases for plaintiffs and defendants across the country. David’s extensive experience litigating commercial contract and busi

Robert Alfert is a 33-year infrastructure and construction professional, with deep experience in all facets of project delivery on large-scale projects of all types. Whether representing owners (public or private sector), contractors, concessionaires, or financing entities, on projects ranging from

For more than 35 years, Ron has handled complex and commercial litigation in trial and appellate courts at the state and federal level, and before arbitration and mediation panels, throughout the Atlantic Coast and Midwest. As a trial and appellate lawyer, Ron’s litigation practice focuses on claim

Gina is the current chair of the Nelson Mullins Cybersecurity & Data Breach Response practice group and the co-chair of the Nelson Mullins Data Breach Response and Investigation team. Gina is the past chair of the Nelson Mullins Data Privacy, Security, and Breach practice group. Gina has a 20-year c

The IRS has released the 2026 cost-of-living adjustments to certain limits, thresholds and penalties that apply to employee benefits plans and programs. The following charts provide the applicable limits for 2026 in comparison to 2025.Qualified Retirement Plan Changes for 202612 P

Without a decisive legal pronouncement by the federal government permitting employers to institute a vaccine mandate, employers should continue exercising caution to avoid potential legal pitfalls when devising a vaccine policy and potential mandate by allowing for legal exceptions and anticipating

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