Nelson Mullins Riley & Scarborough

Nelson Mullins partner was a proud sponsor and host of Next Generation Manufacturing’s Tenth Annual “Success in Manufacturing – A Woman’s Perspective” in our Atlanta office. Special thanks to partner Katelyn Fredericks, who moderated the panel "Pillars of the Manufacturing Economy: Workforce, Logistics & the Global Marketplace." We’re honored to support women shaping the future of manufacturing.

Big changes may be coming for businesses operating in New York. The recently passed FAIR Act would dramatically expand the scope of New York’s consumer protection law for the first time in over four decades. If signed by Governor Hochul, the law would add “unfair” and “abusive” conduct to the list of prohibited practices, giving the NY Attorney General broad new enforcement powers and potentially increasing class action risk for companies across industries. Partners Daniel Harkins and Benjamin Lajoie break down what the FAIR Act could mean for businesses and how to prepare for this potential shift in the legal landscape: https://xmrrwallet.com/cmx.plnkd.in/dPuipKut Nelson Mullins will continue to monitor the progress of this legislation and provide broader state AG and consumer protection client alerts and analysis.

In the most recent HR Minute, partners Matthew A. Abee, Debbie Durban, and senior associate Morgan B. Thompson walk through Richards v. Eli Lilly, in which the Seventh Circuit charted new territory for how courts should evaluate requests to send notice in Fair Labor Standards Act (FSLA) collective actions under 29 U.S.C. § 216(b), how it compares to the Fifth and Sixth Circuit approaches, and what it means for employers going forward. Read more: https://xmrrwallet.com/cmx.plnkd.in/dCve-rYB Please reach out to Nelson Mullins for more information about how you may be able to seek to address requests for conditional certification in collective actions under the Fair Labor Standards Act.

Congratulations to the Nelson Mullins Baltimore softball team, 2025 champions of the Baltimore Lawyers Softball League! In a thrilling, back-and-forth game, Baltimore came out on top with a 12–8 win. Thank you to Venable for a great game and strong competition, and to our own Tim Wagner for his outstanding leadership throughout the season!

New from The Vault blog: Nelson Mullins partner Jeff Kelly breaks down the Trump Administration’s sweeping overhaul of digital asset regulation in “The Digital Assets Market Report: Navigating the Trump Administration’s Crypto Policy Roadmap.” From the end of regulation by enforcement to the first major crypto legislation signed into law, Jeff explores what’s next for financial institutions, stablecoins, DeFi, and beyond in this detailed look at the President’s Working Group Report. Read more: https://xmrrwallet.com/cmx.plnkd.in/eJFQExTi

In a recent episode of the Stark Integrity podcast, Nelson Mullins partner Knicole Emanuel joins host Robert Wade to break down the DOJ and HHS's new False Claims Act Working Group and why its focus signals a paradigm shift in healthcare fraud enforcement. From compliance program updates to voluntary disclosure strategies, this episode is a must-listen for providers, legal counsel, and compliance professionals. Catch the full conversation: https://xmrrwallet.com/cmx.plnkd.in/eskNX7g9 And don’t miss the July roundup featuring other critical episodes on UPIC audits, international clinical trial compliance, FMV pitfalls, and the Stark Law’s impact on medical staff funds: https://xmrrwallet.com/cmx.plnkd.in/e2zkK-tX

The Build America, Buy America Act (BABA) is now fully in effect for the Department of Housing and Urban Development’s (HUD’s) covered community planning and development (CPD) programs, and its impact on affordable housing development is growing. Nelson Mullins partner Michelle Yarbrough Korb shares what developers and stakeholders need to know about compliance, waivers, and planning for BABA requirements as we approach the end of HUD’s fiscal year. Read the full breakdown here: https://xmrrwallet.com/cmx.plnkd.in/esC5a5fv

The biggest obstacle to new data center development? Access to power and the time it takes to get it. In a sweeping move, the Trump Administration has released a new AI Action Plan and related executive orders that aim to fast-track energy infrastructure and data center permitting at the federal level. In the latest Megawatt Minute, Nelson Mullins' Weston Adams, III, Randy Saunders, Daniel Simon, Jeff Kelly, Robert Josey, and Jonah Samples break down what these changes mean for developers, utilities, and tech companies, and how to prepare for the new regulatory landscape now taking shape: https://xmrrwallet.com/cmx.plnkd.in/d_JGgM-r

From high stakes commercial disputes to complex product liability matters, the Greenville litigation team at Nelson Mullins combines deep courtroom experience with strategic insight to serve businesses across the South Carolina Upstate and beyond. Led by seasoned litigator Sam Outten, the team features Sheria Clarke, whose background as a federal prosecutor and nearly a decade in Congress shaping oversight policy adds a government investigations and regulatory edge. Laura T McDonald contributes strong South Carolina-specific experience with 15 years in business, toxic tort, and complex litigation and knowledge of the real estate industry, while Lindsay Builder, a partner with a wide-ranging personal liability defense, construction and commercial litigation practice, guides clients through complex disputes and regulatory challenges. Supported by impressive rising litigation talent including associates Rayja Fowler, Esq., Mayme-Elizabeth Medlock, Will Neinast, Perry Rupert, and Megan Rushton, the team delivers energy, versatility, and creative problem-solving in every engagement. Blending institutional knowledge with diverse perspectives and collaborative leadership, this team is uniquely equipped to represent clients in the evolving business climate of Greenville and beyond.

In a recent published decision, the Fourth Circuit affirmed that a state court judgment for breach of contract was dischargeable in bankruptcy, reinforcing that actual fraudulent intent is required to prove embezzlement under 11 U.S.C. § 523(a)(4). In Martin v. Parker, the Court found that the debtor’s good-faith belief, based on advice from financial institutions, was enough to defeat a nondischargeability claim, even in the face of a family agreement and conflicting will. This ruling offers a reminder that embezzlement under section 523(a)(4) is not a strict liability standard, and creditors must meet a high evidentiary burden when seeking to block discharge. Particularly in family or informal trust arrangements, intent, not just control of assets, matters. Read more in the latest Red Zone blog from partner Shane Ramsey: https://xmrrwallet.com/cmx.plnkd.in/esNDNdsM For more information on adversary proceedings or other insolvency-related matters, please contact our Bankruptcy and Financial Restructuring team.