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HTMLTCPA Class Action Against Insurance Agent Not Covered by Professional Liability Insurance
Keith J. Barnett, Thomas M. Byrne, Ellen M. Dunn, Juan C. Garcia, Allegra J. Lawrence-Hardy; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 14, 2015, previously published on December 9, 2014
As class action filings under the Telephone Consumer Protection Act (TCPA) have continued to rise, so too have the number of disputes with commercial liability insurers over coverage for their insureds’ alleged TCPA violations. Whether TCPA defendants can seek coverage from liability insurers...

 

HTMLSEC and PCAOB Address Independence Requirements in Audits Related to Broker-Dealers’ Financial Statements
Peter J. Anderson, Eric A. Arnold, Keith J. Barnett, Bruce M. Bettigole, Patricia A. Gorham; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 14, 2015, previously published on December 10, 2014
Confirming that auditor independence continues to be a regulatory priority, the Securities and Exchange Commission (SEC or Commission) and the Public Company Accounting Oversight Board (PCAOB) issued orders on December 8, imposing sanctions against 15 accounting firms for violating auditor...

 

HTMLMultistate Tax Commission Gauges State Interest in Funding Transfer Pricing Expertise and Expands Audit Program
Michele Borens, Jonathan A. Feldman, Jeffrey A. Friedman, Todd A. Lard, Carley A. Roberts; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 14, 2015, previously published on December 12, 2014
At its Fall Meeting in Nashville, Tennessee on December 11-12, the MTC’s Executive Committee voted to formally contact states to solidify whether there is sufficient financial commitment to fund any potential MTC transfer pricing program. The MTC also formally announced that Iowa,...

 

HTMLSupreme Court Simplifies Removal from State Courts
Thomas M. Byrne, Valerie Strong Sanders, Phillip E. Stano, Steuart H. Thomsen; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 14, 2015, previously published on December 15, 2014
The Supreme Court today relieved decades of uncertainty concerning the filing requirements for removal of cases to federal court from state court by holding that a defendant is required only to file “a short and plain statement” containing a “plausible allegation” that the...

 

HTMLU.S. Supreme Court Holds That Time Spent in Security Screenings Not Compensable Under FLSA
Thomas R. Bundy, Lisa M. Haldar, Allegra J. Lawrence-Hardy, Gail L. Westover; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 14, 2015, previously published on December 11, 2014
On December 9, 2014, the United States Supreme Court unanimously reversed a decision by the United States Court of Appeals for the Ninth Circuit holding that warehouse employees had stated a claim for unpaid wages under the Fair Labor Standards Act (FLSA) for time spent undergoing an antitheft...

 

HTMLU.S. Supreme Court Hears Arguments in 4-R Act Case (For the Second Time)
Michele Borens, Jonathan A. Feldman, Jeffrey A. Friedman, Todd A. Lard, Carley A. Roberts; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 14, 2015, previously published on December 11, 2014
On December 9, the U.S. Supreme Court heard oral arguments in the last of three state and local tax cases that it accepted this term - Alabama Department of Revenue v. CSX Transportation, Inc. (CSX II), a case that had previously been before the Supreme Court. CSX Transportation, Inc. v. Alabama...

 

HTMLGeorgia Tax Tribunal Says What Texas Comptroller Won't
Zachary T. Atkins, Jonathan A. Feldman; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
December 16, 2014, previously published on December 08, 2014
The Georgia Tax Tribunal held that the Texas Franchise Tax (the “TFT”) is a tax “on or measured by income” and allowed a Georgia resident, who indirectly owned an interest in a pass-through entity, to adjust his federal adjusted gross income for the amount of the...

 

Adobe PDFNAIC 2014 Fall National Meeting and Congressional Hearing on Global Standards in Insurance Regulation
Eric A. Arnold, B. Scott Burton, Eric R. Fenichel, Ling Ling, John S. Pruitt; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
December 12, 2014, previously published on November 24, 2014
The National Association of Insurance Commissioners (NAIC) met for its Fall National Meeting in Washington, D.C. from November 14th through November 19th. As with prior meetings, competition among state, Federal and international regulators for leadership in setting regulatory policy and standards...

 

Adobe PDFTen Items to Consider as FINRA’s Consolidated Supervision Rules Take Effect
Peter J. Anderson, Eric A. Arnold, Keith J. Barnett, Bruce M. Bettigole, Patricia A. Gorham; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
December 12, 2014, previously published on November 24, 2014
On December 1, 2014, the Financial Industry Regulatory Authority’s (FINRA) Consolidated Supervision Rules will take effect. The Consolidated Supervision Rules, which were approved by the U.S. Securities and Exchange Commission (SEC) on December 23, 2013, will replace existing NASD Rules 3010...

 

HTMLThe Ninth Circuit Raises Pleading Standards for FLSA Plaintiffs
James J. Briody, Thomas R. Bundy, Lee C. Davis, Michael A. Hepburn, Paul R. Lang; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
December 10, 2014, previously published on November 20, 2014
The U.S. Court of Appeals for the Ninth Circuit makes pleading Fair Labor Standards Act (FLSA) violations more difficult by applying the heightened standard in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009).

 


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