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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

The Consumer Financial Protection Bureau (CFPB) issued two separate approval orders on Dec. 30 to Synchrony Bank and Payactiv, Inc. under the CFPB’s Policy on the Compliance Assistance Sandbox (“Sandbox Policy”). The approvals provide the two companies with safe harbors from liability and are expect

The National Credit Union Administration (NCUA) recently approved a final rule that obligates credit unions to report all cybersecurity attacks within 72 hours starting this September. The rule’s approval is in line with President Biden’s March 2022 cybersecurity plan and comes just months after the

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

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

NOTE: The information contained in the following alert is up-to-date as of March 15, 2023. News and events are evolving, so check the websites for the FDIC and the applicable banks for updates and announcements.Start-up, emerging, middle market and other companies and their founders, executives, and

COLUMBIA, S.C. — Nelson Mullins Riley & Scarborough LLP recently recognized two partners and two associates with Claude M. Scarborough Pro Bono Awards for their outstanding commitment and contributions to pro bono work in 2020 and 2021. The award is named for the late Chair Emeritus Claude Scarborou

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

In an article published by American Banker discussing a recent announcement from the Consumer Financial Protection Bureau detailing plans to develop interpretive guidance that would extend many existing consumer credit card protections to Buy Now, Pay Later loans – which could slow the installment-l

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

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.

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

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

In a recent National Club Association webinar and article in Private Club Advisor, club Michelle Tanzer provided a detailed explanation of the distinction between clubs that are truly private for legal purposes and those that are not.A private club is defined by the law as a place where people with

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

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

Following a friendly fundraising competition hosted by Atlanta Volunteer Lawyers Foundation (AVLF), Nelson Mullins has been named a 2022 AVLF Cup Champion. The firm raised $42,202 and was among 9 champion organizations recognized in the competition. Overall, AVLF raised more than $240,000 toward its

GREENVILLE, S.C. — Nelson Mullins Riley & Scarborough LLP has been shortlisted by the Financial Times for its 2023 Innovative Lawyers Awards for North America in the category of Innovative Lawyers in Deals & Financing.The firm has been recognized for its representation of Redemption Holding Company

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

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

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

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

Speaking at last week’s Munich Cyber Security Conference, U.S. Deputy Attorney General Lisa Monaco announced the formation of a new FBI unit dedicated to blockchain analysis and virtual asset seizure – the Virtual Asset Exploitation Unit. This announcement comes on the heels of the DOJ’s largest eve

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

Nelson Mullins senior associate Jeffrey Kelly will be speaking at North Carolina Central University's (NCCU) upcoming Technology Law and Policy Center Inaugural Law and Technology Summit. The hybrid event will be held on the NCCU campus and virtually. The summit aims to bring together some of th

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

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

Raleigh senior associate Jeff Kelly presented guest lectures on issues related to emerging technology and regulations impacting the practice of law as part of Vanderbilt Law School’s Program on Law & Innovation core curriculum. Vanderbilt’s Program on Law & Innovation is designed to equip law studen

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

Nelson Mullins partners Matthew Lindenbaum and Robert Lindholm, associate Daniel Curran, and chair of the FinTech and Regulation Practice, Richard B. Levin, recently had their article, “Gov't Backtrack On Ether As Security May Spur Crypto Clash,” featured on Law360. In the article, the trio of s

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 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

Currently, the FDIC has a limited ability to claw back executive compensation in the event of a bank failure. An unlikely combination of U.S. Senators, including Elizabeth Warren (D-MA), Josh Hawley (R-MO), and J.D. Vance (R-OH) are teaming up to propose new legislation that would change this. Warre

* 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 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

The National Legal Aid & Defender Association (NLADA) announced Nelson Mullins is among the 40 law firms honored with the 2024 Beacon of Justice Award, which recognizes firms for their pro bono efforts related to civil and human rights issues. NLADA is a large nonprofit organization devoted to provi

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

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

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

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

Consumers use cell phone numbers to authenticate their identities across a variety of accounts, such as those held with wireless providers, financial institutions, healthcare providers, and retail websites. One common example is when a provider sends an SMS (text) message to your phone to verify you

GREENVILLE, S.C. – Nelson Mullins partner Neil Grayson was selected as one of the 2024 BTI Client Service All-Stars on BTI Consulting Group’s annual list. The designation is one of the industry’s highest honors, as attorneys only make the list through unsolicited nominations and proof of performance

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

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

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

Nelson Mullins attorneys Jon Talcott, Mike Bradshaw, Peter Strand, Gary Brown and Kaylen Loflin, with assistance from Wells Hall and Drew Hermiller, represented the underwriters, led by B. Riley Securities and Needham & Company as joint book-running managers, in a $40 million initial public offering

Nelson Mullins client, Invest Newark, who established the New Jersey “40 Acres and a Mule” Fund (NJ FAM), announced that Bank of America has committed to provide an equity investment in its fund. The NJ FAM Fund is a $100 million private investment vehicle formed to reduce social and economic dispar

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