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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

Earlier this week, the CFPB announced a final rule covering small dollar lending which rescinds the mandatory underwriting provisions of the 2017 Payday Lending Rule. The 2017 Payday Lending Rule was the result of a prior CFPB initiative, which was led by former CFPB Director Richard Cordray, and wh

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

For the past six months, we have received calls from banks and non-depository mortgage lenders regarding Department of Justice (“DOJ”) investigations into mortgage lending discrimination. These DOJ inquiries are bypassing the banks’ prudential regulators and the non-bank state regulators, which have

HOUSTON – Nelson Mullins Riley & Scarborough LLP is pleased to announce that Lena Serhan has joined the firm as a partner in the Houston office. She focuses her practice on complex cross-border and domestic disputes, including international arbitration, enforcement of international awards and judgme

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,

Financial Technology, or "FinTech," has quickly grown in popularity. With significant innovation in recent years, the financial sector has prospered in helping lead this digital revolution. As banking and financial services attorneys, we are launching FinTech University, a series of sessio

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

The SEC announced today that it reached a settlement with Poloniex, LLC (“Poloniex”), in connection with the SEC’s inquiry that began back in December 2017 into whether Poloniex operated an exchange under federal securities laws without registering as an exchange. Specifically, the SEC alleged that

Charleston partner Matt Austin and Matthew Latrick, Regional Counsel for the Americas for Morgan Advanced Materials will present, “What To Do When the Feds Come Knocking,” at the South Carolina Chapter of the Association of Corporate Counsel’s (ACC SC) Annual Meeting on Sept. 14, in Columbia, South

The Office of the Comptroller of the Currency (“OCC”) adopted a final rule on June 2, 2020 that clarifies that when a bank transfers a loan, the interest permissible before the transfer continues to be permissible after the loan is transferred, a doctrine referred to as “valid when made.” This rule

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 us for an in-depth discussion on the intersection of cryptocurrency technology and First Amendment protections. As digital currencies and decentralized platforms continue to grow in use and influence, questions arise about their classification and rights within the legal framework of free speec

COLUMBIA, S.C. – Jody Bedenbaugh, a partner in Nelson Mullins Riley & Scarborough LLP’s Columbia office, joins other distinguished leaders from across South Carolina to participate in the Diversity Leaders Initiative (DLI), an award-winning program of Furman University’s Riley Institute, now in its

Nelson Mullins partners Jackson Hwu and Caio Prado, and associate Rebecca Lester provided legal counsel for Digibee as it raised $25 million in a Series A equity round. Digibee is a low-code Brazilian SAP startup whose business involves integrating large business systems into the digital world throu

Nelson Mullins attorneys Ben Barnhill, Gary Brown, Neil Grayson, John Jennings, Lee Kiser, Mark Miller, Ann Murray, Nikki Lee, Allie Nagy, Mason Gregory, and Troy Varrasse are representing their clients in mergers totaling approximately $935 million. Barnhill, Jennings, Murray, Lee, Nagy, and Gregor

The Office of the Comptroller of the Currency (“OCC”) issued its long-anticipated final rule on Oct. 27, to establish a “simple, bright-line test” to determine when a national bank or federal savings association has made a loan and, therefore, is the “true lender” in a lending relationship with a th

Michelle is chair of the firm's Global Club and Branded Residences Group and co-chair of the Hospitality, Tourism, and Leisure Team. Michelle advises her club, community association, hotel operator, and developer clients with projects in the U.S. as well as the Caribbean, the Bahamas, Latin Amer

Securities and Exchange Commission (“SEC”) Chairman Gary Gensler received a letter last week seeking clarification on the SEC’s authority to regulate cryptocurrency exchanges from Senator Elizabeth Warren, chair of the Senate Banking Committee’s Subcommittee on Economic Policy. Warren cited SEC Chai

In the wake of the early months of COVID-19, the Federal Housing Finance Agency (FHFA) and the U.S. Department of Housing and Urban Development (HUD) instituted a foreclosure and eviction moratorium on Fannie Mae and Freddie Mac single-family foreclosures and real estate owned evictions. Additional

The SBA added to its FAQ on the Paycheck Protection Program to provide clarity on certain issues on April 6. It should offer comfort to lenders in particular, who were struggling to interpret some of these issues and worried about liability for any misinterpretation. Below is a summary of some of th

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 Levin, the chair of the FinTech and Regulation Practice of Nelson Mullins, was recently quoted in an article in Forkast, “Sam Bankman-Fried could face decades in jail if convicted of law violations in FTX collapse, lawyers say.” The article discusses the founder and former chief executive of

COLUMBIA, S.C. — The South Carolina Department of Corrections is renaming one of its signature family programs in honor of former U.S. Secretary of Education and former South Carolina Governor Richard Riley, who is currently a senior partner with Nelson Mullins.Now called “Riley’s Readers,” the form

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

Physician Fee Schedule Faces Cuts in CY25Overall Medicare payments to physicians and clinicians would be cut by a proposal to decrease average base payment rates by 2.93% from calendar year 2024 under a proposed rule released on June 10 by the Biden administration.In the proposed 2025 Medicare Physi

In an article published by Bloomberg Law, Nelson Mullins attorneys Mallory Acheson and Jason Epstein discuss data collection and discovery implications of increasing investment and participation in virtual technologies like the metaverse, including growing litigation involving intellectual property

The Consumer Financial Protection Bureau (“CFPB”) recently issued Consumer Financial Protection Circular 2022-04, confirming its increased focus on financial companies that violate federal consumer financial protection law when they fail to safeguard consumer data and warned the industry against sho

Securities and Exchange Commissioner (“SEC”) Allison Herren Lee, in remarks before the Practicing Law Institute, recently called on federal regulators to adopt standards of professional conduct for attorneys practicing before the commission, foreshadowing potential ethical guidance for members of th

Fort Lauderdale partner Christina Lehm and Miami partners George Mahfood and Dan Newman will present, “Download the Latest Update on Litigation Trends in Florida,” at the video game-themed Association of Corporate Counsel (ACC) South Florida's 13th Annual Conference in Hollywood, Florida on Sept

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

South Carolina-chartered corporations1 may now hold virtual meetings of shareholders whereby shareholders and proxy holders not physically present at the annual or special meeting location may participate by means of remote communication if authorized by the corporation’s board of directors.2 The ne

Diplomatic efforts to prevent Russia’s invasion of Ukraine did not prevail, and unfortunately the conflict continues. Although we don’t wish to overlook or dismiss the pain and suffering that is attendant to war, and while we hope for a quick, safe resolution, there are and will continue to be unint

Richard Levin, the chair of Nelson Mullins‘s Financial Technology and Regulation was recently quoted in an article in Yahoo Finance – “The Risks & Rewards of Growth Hacking & Clout Chasing with BitClout.” The article discusses a new technology that allows individuals to monetize their identities th

Richard Levin, chair of Nelson Mullins’s FinTech and Regulation Practice, was recently quoted in an article in The Financial Times – “Regulators in three US states close in on BlockFi’s cryptocurrency accounts.” The article discussed the recent actions by several state regulators against BlockFi, a

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

Anyone who has ever received a civil investigative demand, subpoena, second request, voluntary access letter, or other form of compulsory process from a federal antitrust regulator knows that the government’s standard definition of “document” is wide ranging and seemingly encompasses every form of w

On Monday, the North Carolina Department of Health and Human Services announced the recipients of five Prepaid Health Plan (PHP) contracts for Medicaid managed care. The four statewide PHP contracts were awarded to AmeriHealth Caritas NC, Inc., Blue Cross and Blue Shield North of Carolina, UnitedHe

Nelson Mullins and Miami Dade College will kick off Miami Tech Month with the inaugural Women in FinTech (“WinFin”) Conference. Panels of nationally recognized thought leaders will share insights on FinTech’s global development. Speakers include: Michelle Abbs, Vice President of Community and Educat

In a recent article by CanvasRebel, Nelson Mullins partner Harsh Arora was featured for his pro bono contributions and his successful corporate law practice. The article provides an in-depth discussion with Arora on his harmonious style of practice and how he helps others in need, specifically throu

The SBA has released an updated loan forgiveness application and instructions for the Paycheck Protection Program (“PPP”) to account for certain changes made in the Paycheck Protection Program Flexibility Act of 2020 (the “PPP Flexibility Act”) signed into law by President Trump on June 5, 2020. As

The Massachusetts sports betting bill (“H.5164”) was signed into law in August 2022 by Governor Charlie Baker (more here on the impact of the bill). Included in the bill were two key provisions carving out fantasy sports contests from the definition of sports wagering1 and levying a separate 15 perc

Nelson Mullins Riley & Scarborough announces 15 North Carolina attorneys have been inducted into the 2018 North Carolina Pro Bono Honor Society by the North Carolina Pro Bono Resource Center (PBRC). Society members reported providing 50 or more hours of pro bono legal services in 2018 to clients una

Law360 has named Nelson Mullins Riley & Scarborough LLP in its top 50 law firms in its inaugural Pulse Leaderboard, which ranks the top 100 firms for a combination of the work they do, the reputation they cultivate, and the commitment they demonstrate to being a socially responsible law firm, accord

The relationship between FinTechs and banks has significantly evolved in the past ten years, from a competitive stance to beneficial partnerships. We recently presented at the 2021 Tennessee Bankers Association Annual Meeting, discussing the rapid emergence of FinTechs and how banks are finding oppo

Nelson Mullins FinTech attorneys Richard Levin, Kevin Tran, and Bobby Wenner recently co-authored a chapter titled “HAL, the Terminator, and Agent Smith entered a bar; Regulation of Artificial Intelligence in the United States,” in Global Legal Insights’ AI, Machine Learning & Big Data 2024. This ch

Please join Nelson Mullins Riley & Scarborough for the 2021 South Florida Health Forum. We look forward to reconnecting with you after a year away from our annual event.Agenda11-11:55 a.m. | Registration and Lunch11:55 a.m.-12 p.m. | Welcome and Opening Remarks, Mike Segal, Nelson Mullins12-12:55 p.

Cooper Delivers State of the State AddressNC Governor Roy Cooper delivered his third State of the State address from the NC House Chamber Monday evening where he recognized the resilience of North Carolinians throughout the pandemic and provided a vision for a shared recovery that rebuilds our econo

Now that stakeholders in the financial services industry have two choices for identification standards in the digital asset market, they have a question to contend with: Does the industry really need more than one standard?Nelson Mullins Riley & Scarborough LLP partner and chair of the FinTech and R

Partner and Chair of Nelson Mullins’ FinTech and Regulation practice Richard Levin, partner Brandon Neuman, and senior associate Jeff Kelly were recently featured in a Forbes article exploring how regulatory sandboxes are giving certain states an edge as they compete to attract innovation and invest

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