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A somewhat common question that arises after a bankruptcy discharge is granted is whether post-petition liabilities are discharged under pre-petition agreements, like guaranties. To describe the issue in more digestible language, let’s say that the owner of a small business guarantees the business’s
She doesn’t practice Native American law per se, however, for the past four years, partner Brandee J. Kowalzyk has been serving as a Court of Appeals Judge for the Fond du Lac Band of the Minnesota Chippewa Tribe, handling more than 100 pro bono hours in addition to her busy litigation practice.Fond
Registering a company name and securing a trademark might seem like two sides of the same coin, but these two actions serve very distinct purposes and offer different levels of protection and it is important to understand these differences when forming a new company. It’s a common misconception that
UPCOMING EVENTSMarch 31, 2025IIANC Thinkers Lunch: What Do Voters Want?April 1, 2025Wake County Bar Association April Luncheon – RaleighApril 8, 2025NC Chamber Spring Member Roundtable - RaleighApril 14, 2025Raleigh Chamber Business After Hours - RaleighNOTE: We could sponsor a future Business After
Although the excitement for non-fungible tokens (NFTs) may have faded since its peak in 2022, [1] the world’s largest NFT marketplace, OpenSea, has new and unwanted attention from the SEC. In addition to a potential enforcement action by regulators, OpenSea is now facing a putative class action prom
A recent article by The New York Times - Manic Markets, Imploding Funds: Wall Street’s New Top Cop Has a Full Plate - discussed the potential areas of focus for Gary Gensler, the new Chairman of the U.S. Securities and Exchange Commission (SEC). One area of focus for Chairman Gensler may be the regu
So let’s dance this last dance.[1] On Jan. 4, 2021, the Office of the Comptroller of the Currency (“OCC”) published a Chief Counsel’s Interpretative Letter (the “Letter”) confirming the authority of national banks’ and federal savings associations’ to participate in independent node verification
The SBA released a supplemental interim final rule today to provide further guidance for individuals applying to the Paycheck Protection Program (PPP), the cornerstone small business lending program under the Coronavirus Aid, Relief, and Economic Security Act, or the CARES Act. You can read our prev
As all financial institutions are beginning to realize, the rapidly evolving regulatory landscape surrounding the Paycheck Protection Program (“PPP”) is presenting several unintended consequences to both financial institutions and the general public. Many of these consequences have been well-documen
The Alternative Reference Rates Committee (“ARRC”) released its recommended LIBOR fallback language for floating rate notes, syndicated and bilateral business loans, and securitizations that reference LIBOR.[1] The ARRC’s recommended fallback language seeks to minimize the risk of significant market
This is part of a series from Nelson Mullins' AI Task Force. We will continue to provide additional insight on both domestic and international matters across various industries spanning both the public and private sectors.After extensive negotiations, the European Parliament, Commission, and Cou
“Not very unlike the experience of the man that built himself a palace of moon-beams, and when the moon set was surprised that his palace vanished with it.”—Herman Melville, The Confidence-ManRegulators may be nervous about workers staking their retirements on crypto. The United States Department La
As Nelson Mullins' FinTech University Series continues to grow, we are happy to release the upcoming schedule for these webinars focusing on FinTech and the influence it has on our world. All sessions will have Q&A at the end and Continuing Legal Education (CLE) credit will be sought in the foll
(Miami, FL) Nelson Mullins co-hosted the first ever Women in FinTech (WinFin) Conference, in cooperation with Miami Dade College (MDC) and Silicon Valley Bank (SVB). The conference organizers were Nelson Mullins Partners Erin Kolmansberger and Katherine Baker, and Associates Megan Kilissanly, Rebecc
Stakeholders Seek to Negotiate Long Term Solution to PJM Capacity Market — But Challenges RemainAs frustration grows among a wide range of stakeholders over the design of PJM’s capacity market resulting from FERC’s landmark and controversial December 2019 order instituting an expanded Minimum Offer
Against the backdrop of increasing regulatory scrutiny of private equity ownership in the healthcare space, Medicare skilled nursing and Medicaid nursing facilities (“SNF”) and private equity companies looking to acquire SNFs must be aware of new changes to the Centers for Medicare and Medicaid Serv
When a company files for bankruptcy protection, Section 541 of the Bankruptcy Code creates an estate comprised of "all legal and equitable interest of the debtor in property." On July 15, 2022, Celsius Network LLC filed for relief under Chapter 11 of the United States Bankruptcy Code. At t
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
Or to put it in legalese—“no concrete harm, no standing.” It does not get more simple than that. On June 25, 2021, the U.S. Supreme Court decided Trans Union v. Ramirez (“Ramirez”), a case involving whether class members who suffer no actual injury can be included in a damages class under Federal
The Senate Banking Committee has not taken up the previously discussed Senator Warren (D-MA) and Senator Hawley (R-MO) claw back legislation, but has instead, by a bipartisan vote, cleared to the full Senate new bipartisan legislation from Senate Banking Committee Chair Senator Brown (D-OH) and Sena
On February 6, 2023, New Jersey’s Governor Phil Murphy signed the Temporary Laborers’ Bill of Rights into law, which will impact over 127,000 temporary workers in the state as well as their employers. Most provisions of this law take effect on August 5th, while the notice and anti-retaliation provi
Pictured above: Larry Papel (top left), Bill Wood, Scott Moïse, Matthew Brown (center), Katherine DeStefano (top right), Matthew Lindenbaum (bottom left), and Marc Williams (bottom right).COLUMBIA, S.C.—Nelson Mullins Riley & Scarborough LLP recently recognized six partners and one associate with th
Miami associates Valentín I. Arenas and TerryAnn Howell graduated from the 41st Class of the Greater Miami Chamber of Commerce’s Leadership Miami Program in August. Although COVID-19 shut down some of the face-to-face opportunities, both Miami associates participated in community service activities
As the COVID-19/Coronavirus pandemic continues to impact our economy and everyday life, the construction boom Orlando was experiencing has been dramatically affected with major entities like Walt Disney World halting construction operations just last week, among others. As the news changes by the ho
All of us are quickly adapting to a new norm. Many are working from home. Meanwhile, courts across the country have restricted access to the public, including attorneys. This has led to an influx of court proceedings being conducted telephonically or through use of video-conferencing applications. S
Please find previous posts summarizing recent agency activity on the Provider Relief fund here: A Guide to the CARES Act Medicare Provider Relief Fund and Breaking News – HHS Announces Further Plans for Provider Relief Fund Monies. The Department of Health and Human Services (“HHS”) continues to pro
The Centers for Medicare & Medicaid Services (CMS) was very busy last week! On Jan. 30, CMS issued its long-awaited Risk Adjustment Data Validation (RADV) Final Rule. Two days later, it published its Advance Notice of Calendar Year (CY) 2024 Capitation Rates for Medicare Advantage (MA) Plans. Althou
The South Carolina Court of Appeals rejected the replacement mortgage doctrine on Nov. 25, 2020 and held a home equity line of credit had priority over a subsequent mortgage that secured refinancing of a mortgage prior in time and senior to the HELOC. In ArrowPointe Federal Credit Union v. Bailey, l
Winston Salem partner Carrie Hanger is a seasoned healthcare law, biosciences, and antitrust attorney. In her healthcare law and biosciences practice, she assists healthcare systems, surgical centers, physician groups, long-term care facilities, hospices, home health providers, and entities engaged
From expedited Constitutional challenges to an exodus of self-proclaimed “TikTok Refugees” to new foreign-owned social media platforms, the past week leading up to the Jan. 19, 2025, deadline for the TikTok Ban has been a whirlwind of legal and political activity. And while much of the drama and int
Four changes have been made to the employer reporting requirements under the Affordable Care Act (ACA) for 2025.[1] These changes aim to simplify the reporting processes for employers. Form 1095 Distribution – Effective for the 2024 reporting year, employers are no longer required to distribute Form
State Budget StalemateOn June 27th, NC Governor Roy Cooper vetoed a $24 billion budget package sent to him a day earlier by the Republican-led state legislature. Once the Governor’s veto message was received the Legislature turned its attention to consideration of a vote to override the veto. A 3/5
UPCOMING EVENTSMarch 31, 2025IIANC Thinkers Lunch: What Do Voters Want?April 1, 2025Wake County Bar Association April Luncheon – RaleighApril 8, 2025NC Chamber Spring Member Roundtable - RaleighApril 14, 2025Raleigh Chamber Business After Hours - RaleighNOTE: We could sponsor a future Business After
Over the last several years, Medicare audits by the Centers for Medicare and Medicaid Services (CMS) have notably increased for durable medical equipment (DME). More significantly, pneumatic compression devices (PCDs) are at the forefront of Medicare coverage issues, especially within the last three
The Traveling Wilburys famously noted “In Jersey, anything's legal as long as you don't get caught.”[1] Apparently the New Jersey Bureau of Securities (“Bureau”) disagrees. The Bureau issued a Summary Cease and Desist Order to BlockFi Inc. (“BlockFi”) on July 20, 2021, ordering the company
In the past few weeks, employers across the country have made staggering efforts to pivot business models and adjust to a new social, economic, and professional environment. For many employers, this now includes the need to take into consideration previously-inapplicable municipal and county ordinan
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
On Friday, April 3, 2020, [1] the South Carolina Supreme Court issued Administrative Order No. 2020-04-03-01 regarding Operation of the Trial Courts During the Coronavirus Emergency. This order will impact consumer financial services litigation in South Carolina state courts in a variety of ways. Th
The United States Department of the Treasury (“Treasury”) recently announced that a second application round has opened for investments in eligible Minority Depository Institutions (“MDIs”) and Community Development Financial Institutions (“CDFIs”) through its Emergency Capital Investment Program (“
On May 23, the Supreme Court issued a decision holding that when parties have two conflicting contracts – one that sends disputes to arbitration and one that sends disputes to the courts – a court, not an arbitrator, must decide which contract controls. This decision is important as arbitration prov
UPDATE – the GENIUS Act was signed into law by President Trump on July 18, 2025.
After 2004, the State of Florida no longer imposes a state level estate tax. This is in sharp contrast to many other states that impose their own level of estate tax, which is in addition to the federal estate tax. If you have moved to Florida from another state and wish to eliminate (or reduce) the
NEW LAWSUITS FILED AGAINST ELECTION BOARD AND VOTING LAW BILLSIn an effort to overturn North Carolina's recently passed election law, Senate Bill 747, a group of civil rights and voting rights organizations filed a federal lawsuit on Tuesday.Also on Tuesday, Governor Roy Cooper filed a lawsuit i
Although the U.S. Government under President Trump has flipped the script on its approach to cryptocurrency in just a matter of weeks, one big question that is still out there is will the courts chill the recent enthusiasm of the crypto community. If Judge Torres’ decision in Donovan, et al. v. GMO-
School Safety OmnibusA bill to make schools safer in NC is one vote away from going to Gov. Roy Cooper after passing the House unanimously on Tuesday. The legislation is the result of six years of study and dozens of meetings with hundreds of stakeholders across the state. The measure includes state
In response to the COVID-19 outbreak, more than 30 states have issued executive orders requiring citizens to stay home and shuttering non-essential businesses. (Check out Nelson Mullins’ prior coverage of these orders here.) Though South Carolina Governor Henry McMaster has not issued an order req
The federal bank regulatory agencies issued a request for public comment this week on proposed interagency guidance designed to help banking institutions manage risks associated with third-party relationships.The proposed guidance can assist banking institutions in identifying and addressing the ris
WASHINGTON, D.C. — Nelson Mullins Riley & Scarborough’s federal lobbyists have provided pro bono legal services to countless clients over the years. The firm has supported its attorneys and policy advisors in serving their communities and fulfilling their professional and ethical responsibilities by
President Franklin D. Roosevelt once noted: “The only thing to fear is fear itself ... ”[1] Apparently, some in the federal government no longer share this belief. In a recent Investor Bulletin[2] (“Bulletin”), the Securities and Exchange Commission (SEC) Office of Investor Education and Advocacy
After shutting down for much of 2020 to protect public safety during the COVID-19 pandemic, courts across the country have slowly and cautiously reopened their courtrooms in 2021 to hold virtual and in-person trials in an effort to break the logjam of their ever growing caseloads. Nelson Mullins has
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