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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

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

WASHINGTON, D.C. – The National Legal Aid & Defender Association (NLADA), America’s oldest and largest nonprofit association devoted to excellence in the delivery of legal services to those who cannot afford counsel, has awarded Nelson Mullins Riley & Scarborough LLP its 2022 Beacon of Justice Award

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

The SEC announced on May 3, 2022 that 20 additional positions will be allocated to the Crypto Assets and Cyber Unit within the Division of Enforcement. The announcement specifically identified crypto asset offerings, crypto asset exchanges, crypto asset lending and staking products, decentralized fi

ATLANTA – OUT Georgia Business Alliance recently named Nelson Mullins Riley & Scarborough LLP as a finalist for its 2020 Community Honors in the category of Corporate LGBTQ+ Ally of the Year.OUT Georgia nominated the firm as a “corporate partner or member that has shown exemplary support to the LGBT

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

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

[Update: Governor Baker has signed the emergency legislation into law and it is effective immediately.]After some delay, on April 23, 2020, the Massachusetts Senate and House passed emergency legislation that allows for notaries public to use electronic videoconferencing to perform acknowledgements,

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

Trish Markus will be a featured speaker at the American Bar Association’s Healthcare Delivery & Innovation Conference in Chicago on Monday, September 29th.Markus will co-present a session with Rick Hindmand, entitled "Be Forearmed: Protecting Your Organization from the Next Cybersecurity Attack

State Health PlanNC Treasurer Dale Folwell visited New Bern (Craven Co.) on Tuesday to further promote his “Clear Pricing Project,” a proposal that recommends changes to the way the State Health Plan pays for medical treatment for state employees and retirees.  Folwell told event attendees the inten

DENVER AND WASHINGTON, D.C. -- Chambers and Partners has recognized Nelson Mullins Riley & Scarborough LLP Partner Richard B. Levin, who serves as Chair of the firm’s FinTech and Regulation Practice, in its 2021 Chambers FinTech Guide.Levin is ranked in the FinTech Legal: Blockchain & Cryptocurrenci

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

According to Reuters, the civil division of the U.S. Department of Justice (DOJ) is investigating several FinTech companies, including Kabbage Inc., to determine if the firms miscalculated the amount of aid owed to individual borrowers during the distribution of Paycheck Protection Program loans.The

The U.S. Securities and Exchange Commission (“SEC”) brought an action in the United States District Court for the Southern District of New York against five alleged promoters of a digital asset called BitConnect, claiming they promoted the sale of unregistered securities that raised over $2 billion

In January 1897, attorney P.H. Nelson left his position as solicitor of the Fifth Judicial Circuit to set up a private law practice in Columbia, S.C. The State newspaper contained a short but prescient news item on Jan. 26 about the endeavor, which noted that "the new firm should meet with grea

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

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

The month of October is designated as National Disability Employment Awareness Month (NDEAM) to educate the public about the issues faced by people with disabilities in pursuing, obtaining, and keeping employment. In this month, Nelson Mullins is proud to celebrate and tell stories about the many an

Richard B. Levin, the chair of Nelson Mullins' FinTech and Regulation Practice was recently quoted in a Wall Street Journal article regarding Diem (originally known as Libra), a digital currency project launched by Facebook, PayPal, and other leading financial services firms - Facebook Inc. - Ba

I had the pleasure of presenting at Bank Director Magazine's Inspired By Acquire or Be Acquired: What Officers and Directors Need to Know Now virtual conference, along with Richard Levin, earlier this month. Our presentation, "Custody of Digital Assets," covered not only the custody of

Governor Baker issued the Third Revised Order Regulating Gatherings Throughout the Commonwealth (the “COVID-19 Order No. 46”) on Aug. 7, 2020. Pursuant to COVID-19 Order No. 46, starting on Aug. 11, 2020, the following limitations on social gatherings are mandatory: Indoor gatherings are limited to

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

Congress on Monday approved a deal on a $900 billion COVID-19 economic relief package, which is expected to be signed into law within the next few days. The bill provides $12 billion in support to small lenders focused on low-income and minority communities, buttressing minority-owned banks (MDIs) a

Richard B. Levin has joined the firm as a partner and chair of the Financial Technology (FinTech) and Regulation Practice.Levin was one of the first lawyers to focus on the regulation of blockchain and digital assets and is considered a thought leader in the FinTech space. He has been identified by

RALEIGH -- Nelson Mullins Riley & Scarborough is pleased to announce that 16 of its North Carolina-based attorneys have been inducted into the 2019 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

The federal banking agencies recently issued principles to encourage financial institutions to offer small-dollar loans in a responsible manner (the “Small-Dollar Loan Principles”). This interagency guidance clarifies previously conflicting guidance on small-dollar loans by adopting uniform principl

Massachusetts has commenced “Phase 1” of its economic reopening plan, with staggered sector-specific reopenings beginning on May 18, 2020, followed by additional reopenings on May 25, 2020 and June 1, 2020. Massachusetts’ staggered Phase 1 sector-specific reopenings are as follows:Phase 1 May 18, 20

By the beginning of May, almost 800 lawsuits had been filed in the United States related to the COVID-19 pandemic. Although the United States Congress and state legislatures are rushing to enact measures to protect businesses from liability as operating restrictions are lifting, it is unlikely that

COLUMBIA, S.C. – Chambers & Partners has shortlisted Nelson Mullins Riley & Scarborough LLP’s M&A Externship Program for its Chambers Diversity & Inclusion Awards USA 2019, which celebrate firms and individuals who are furthering the advancement of diversity and inclusion in the United States.Winner

Fort Lauderdale partner Scott Knapp will be appointed the 76th international president of Alpha Epsilon Pi (AEPi) in August of 2022. AEPi is the world’s Jewish college fraternity, operating chapters on more than 150 college campuses in four countries. Knapp will be inducted into this position at AEP

On April 21, 2020, the Senate approved a $484 billion COVID-19 relief package to supplement the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) – the Paycheck Protection Program and Health Care Enhancement Act (the Act). The Act is intended to provide further relief for small business

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

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

COLUMBIA, S.C. — The partners of Nelson Mullins Riley & Scarborough LLP re-elected James K. Lehman as Managing Partner of the firm to a three-year term effective Jan. 1, 2024.Lehman began his role as the managing partner in 2012, and under his leadership during the past 12 years, the firm has experi

CHARLESTON, S.C. — Nelson Mullins Riley & Scarborough LLP Charleston Office Managing Partner John C. McElwaine is recognized as a “World Leading Trademark Professional” in the ninth edition of World Trademark Review 1000 (WTR1000).The ninth edition has ranked him both nationally and in the D.C. Metr

Nelson Mullins Financial Institutions Corporate & Regulatory Partner Craig Nazzaro was quoted by S&P Global Market Intelligence in an article titled “Banks can expect return to strict oversight of anti-money laundering rules.” The article discussed how banks may now face increased enforcement from r

* Brianna Drayton, a 2022 summer associate at Nelson Mullins, co-authored this publication.This article discusses whether it is time for the U.S. government to rethink its position and speed up adoption of cryptocurrency as an official currency. The authors point out that investment in digital asset

The Securities and Exchange Commission (“SEC”) released Staff Accounting Bulletin No. 121 (“SAB 121”) on March 31, 2022. SAB 121 provides SEC staff’s views regarding accounting treatment of obligations incident to a reporting company’s custody of crypto-assets for its platform users. The staff notes

The Federal Deposit Insurance Corporation (“FDIC”) on August 18, 2022 issued updated Supervisory Guidance on banks assessing multiple re-presentment fees against customers’ accounts. This follows the March 2022 FDIC Consumer Compliance Supervisory Highlights, which also raised similar concerns. The

Within a recent address to an industry conference, Dr. Lael Brainard, a member of the Board of Governors of the Federal Reserve System (FRB), drove home her belief that the adoption of stablecoins over a U.S. Centralized Bank Digital Currency (CBDC) could place the U.S. in danger of “inefficiency, f

The Federal Reserve recently announced a new proposal to expand its Main Street Lending Program to nonprofit organizations. Public comments may be made to the Federal Reserve via email, here, until Monday, June 22, 2020.The Main Street Lending Program is the Federal Reserve’s existing lending progra

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

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

CHARLESTON, S.C. (November 3, 2020) – John C. McElwaine, managing partner of Nelson Mullins Riley & Scarborough LLP Charleston office, has been selected as one of the National Law Journal’s 2020 Intellectual Property Trailblazers.Now in its sixth year, the National Law Journal’s Intellectual Propert

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

Employers engaged in critical infrastructure face significant challenges in maintaining business operations while ensuring the health of their employees and the public. While many employees are now working remotely, employers engaged in essential services do not have that luxury.As a result, busines

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

RALEIGH — North Carolina Lawyers Weekly has selected Nelson Mullins Administrative Manager Nancy Childers for a 2019 Unsung Heroes. The award recognizes dedication to duty and the positive influence recipients have on others, according to the organization.Based in Raleigh, Childers oversees more tha

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