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HTMLFERC Confirms Distribution Cooperatives Must Purchase QF Output
Peter A. Fozzard, Daniel E. Frank, Dorothy Black Franzoni, Jay Holloway, Daniella Landers; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 29, 2015, previously published on June 29, 2015
A distribution cooperative must purchase the electrical output made available to it by a qualifying facility (QF), notwithstanding restrictions in the cooperative’s all-requirements contract with its generation and transmission supplier (G&T) on third-party contracts. In a recent order, the...

 

HTMLTyler Pipe II? Washington Court of Appeals Rejects Transactional Nexus Argument, Upholds B&O Tax on Drop Shipments
Madison J. Barnett, Evan M. Hamme; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 26, 2015, previously published on June 25, 2015
The Washington Court of Appeals upheld a broad application of the Washington Business and Occupation (B&O) tax to sales between an out-of-state seller and out-of-state purchasers when the products are delivered in Washington. Although the taxpayer maintained a research and product development...

 

HTMLTrenchant Analysis or Jiggery-Pokery? U.S. Supreme Court Upholds Affordable Care Act
Thomas R. Bundy, Brenna M. Clark, Adam B. Cohen, Brittany Edwards-Franklin, Andrea M. Gehman; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 26, 2015, previously published on June 26, 2015
In a 6-3 decision on June 25, 2015 in King v. Burwell, the U.S. Supreme Court held that tax credits are available under the Patient Protection and Affordable Care Act (Affordable Care Act or PPACA) to all eligible Americans, regardless of whether they purchase health insurance through...

 

HTMLMaster Limited Partnerships: Proposed Tax Regulations Scale Back Activities Giving Rise to Qualifying Income
Benjamin G. Clark, Catherine M. Krupka, David T. McIndoe, Daniel R. McKeithen, David A. Roby; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 25, 2015, previously published on June 24, 2015
The Treasury Department (Treasury) and the Internal Revenue Service (Service) have issued proposed tax regulations (Proposed Regulations) that provide guidance on, and significantly scale back, the types of activities relating to minerals and natural resources that generate “qualifying...

 

HTMLDeadline Approaching for Submission of 2014 BEA Survey of U.S. Direct Investment Abroad and Foreign Direct Investment in the U. S.
Katherine Meyers Cohen, N. Jerold Cohen, Dorothy Black Franzoni, Matthew J. Gries, Michael B. Koffler; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 25, 2015, previously published on June 24, 2015
The Bureau of Economic Analysis (BEA) of the U.S. Commerce Department is conducting its quinquennial (every five years) survey of investment in foreign entities. The BE-10 Benchmark Survey (BE-10 Survey) is the most comprehensive survey of U.S. investment abroad. The collection of this information...

 

HTMLThe Finite Life of a Patent Upheld: No Royalties After Expiration
Ann G. Fort, Robert R.L. Kohse; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 24, 2015, previously published on June 23, 2015
The U.S. Supreme Court, in a 6 to 3 ruling citing stare decisis, upheld the half-century rule against royalty payments accruing after expiration of a patent. The Court’s decision in Kimble v. Marvel Entertainment, LLC is a reminder to all current and potential licensing parties that patent...

 

HTMLSEC Announces First Charges Against Underwriters under MCDC Initiative
Matthew W. Nichols, Darryl F. Smith; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 24, 2015, previously published on June 23, 2015
On June 18, the U.S. Securities and Exchange Commission (SEC) announced enforcement actions against 36 municipal bond underwriters, the first enforcement actions against underwriters brought by the SEC under the Municipalities Continuing Disclosure Cooperation Initiative (MCDC Initiative), which...

 

HTMLA Proposed Assessment Is Not an Assessment for Statute of Limitations Purposes in Florida
Zachary T. Atkins, Open Weaver Banks; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 24, 2015, previously published on June 23, 2015
In a closely followed case, a Florida district court of appeal held that a proposed assessment is not an assessment for statute of limitations purposes. The Florida Department of Revenue generally has three years to “determine and assess” any tax, penalty or interest due. The Department...

 

HTMLCall Answered (The First Ring): FCC Issues Sweeping Package of Declaration Rulings on TCPA Petitions
Keith J. Barnett, Thomas M. Byrne, Juan C. Garcia, Allegra J. Lawrence-Hardy, Phillip E. Stano; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 19, 2015, previously published on June 18, 2015
In its most significant action on the Telephone Consumer Protection Act (TCPA) since its revised TCPA rules took effect in late 2013, the Federal Communications Commission (FCC) has issued a package of declaratory rulings resolving almost two dozen petitions seeking clarification on TCPA issues....

 

HTMLGeorgia Public Service Commission Renders Initial Decision in Favor of Jackson EMC in Territorial Dispute with Georgia Power
Matthew J. Bowness, Benjamin C. Morgan, James A. Orr; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 3, 2015, previously published on June 3, 2015
The Georgia Public Service Commission recently rendered an initial decision in a dispute between Jackson EMC and Georgia Power under the so-called “grandfather clause” of the Georgia Territorial Act. Under the grandfather clause, an electric supplier has the right to continue serving...

 


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