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HTMLSEC Gives Insider Outside Bounty for Whistleblowing
Thomas R. Bundy, Patricia A. Gorham, Cynthia M. Krus, Allegra J. Lawrence-Hardy, Robert D. Owen; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
March 27, 2015, previously published on March 27, 2015
On March 2, 2015, the U.S. Securities and Exchange Commission awarded a whistleblower at least $475,000 for providing original, high-quality information that led to a successful SEC enforcement action. The whistleblower is a former company officer, which is particularly noteworthy since officers...

 

HTMLOmnicare Opinion Expands Liability for Expressions of Opinion Under Section 11
Brittany M. Cambre, Samuel J. Casey, Patricia A. Gorham, Joel J. Hughey, Peter Ligh; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
March 26, 2015, previously published on March 25, 2015
The Supreme Court, in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, 575 U.S. --- (March 24, 2015), expanded the scope of liability for expressions of opinions under Section 11 of the Securities Act of 1933. While keeping to a relatively constrained view of the...

 

HTML2014 in Review: ERISA Civil and Criminal Enforcement Activity by DOL Is Trending Upward
Brenna M. Clark, Adam B. Cohen, Brittany Edwards-Franklin, Andrea M. Gehman, W. Mark Smith; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
March 24, 2015, previously published on March 24, 2015
The Fact Sheet recently published by the U.S. Department of Labor (DOL) documenting Fiscal Year 2014 civil and criminal enforcement activity under the Employee Retirement Income Security Act of 1974, as amended (ERISA) showed a continuing increase in the number of investigations conducted by DOL.

 

HTMLExecutive Order Mandates Clean Energy Consumption at Federal Buildings
Jackson M. Allen, Joshua L. Belcher, Lino Mendiola, Ram C. Sunkara; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
March 23, 2015, previously published on March 20, 2015
Yesterday, President Obama released an Executive Order entitled “Planning for Federal Sustainability in the Next Decade.” In short, the order mandates that heads of agency take action to promote energy conservation and efficiency, but more importantly, the order establishes binding...

 

HTMLDynamic Changes for Evaluating Budgetary Impact of Proposed Legislation
Brittany Edwards-Franklin; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
March 23, 2015, previously published on March 20, 2015
On January 6, the House adopted rules that require the Congressional Budget Office and the Joint Committee on Taxation to use macroeconomic or “dynamic” scoring in forecasting the budgetary impact of proposed legislation. Under this system, which is a change from the previous...

 

HTMLCalifornia Joins Maryland and Ohio in Addressing “Price Optimization”
Thomas W. Curvin, John S. Pruitt, Stephen E. Roth, Cynthia R. Shoss, Phillip E. Stano; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
February 24, 2015, previously published on February 23, 2015
The California Insurance Commissioner issued a notice on February 18, 2015 to more than 750 property and casualty insurers doing business in California, announcing that “any use of Price Optimization in the ratemaking/pricing process or in a rating plan is unfairly discriminatory in violation...

 

HTMLRely at Your Own Risk: Taxpayer Properly Applies Georgia Regulation, Loses
Stephen A. Burroughs, Timothy A. Gustafson; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
February 24, 2015, previously published on February 19, 2015
The Georgia Tax Tribunal held that for sales and use tax purposes contractors are per se consumers of tangible personal property and thus are ineligible for: (1) the sale for resale exclusion, and (2) a regulatory exclusion for property temporarily stored in Georgia while in interstate commerce....

 

HTMLSupreme Court Holds Dismissal of Individual Case in MDL Proceedings Is Immediately Appealable
James R. McGibbon, Robert D. Owen, Phillip E. Stano, Steuart H. Thomsen, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
February 13, 2015, previously published on January 21, 2015
The U.S. Supreme Court unanimously held today in Gelboim v. Bank of America Corp., No. 13-1174, that an order disposing of an individual case previously consolidated with other cases for multidistrict litigation (MDL) pretrial proceedings is a final appealable decision under 28 U.S.C. § 1291.

 

HTMLDe Novo Review of Claim Construction No Longer the De Facto Standard
Ann G. Fort, Robert R.L. Kohse, William L. Warren, David E. Wigley; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
February 13, 2015, previously published on January 21, 2015
On January 20, the U.S. Supreme Court, in Teva Pharmaceuticals USA, Inc. v. Sandoz, rejected the de novo review standard applied by the U.S. Court of Appeals for the Federal Circuit when reviewing all claim construction issues. The Supreme Court held that, when reviewing a District Court’s...

 

Adobe PDF2014 in Review: ERISA Individual Prohibited Transaction Exemptions and Advisory Opinions
Brenna M. Clark, Adam B. Cohen, Brittany Edwards-Franklin, Andrea M. Gehman, Michael A. Hepburn; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
February 13, 2015, previously published on January 8, 2015
In 2014, the Department of Labor (DOL) maintained a diminished program of advance guidance under the Employment Retirement Income Security Act of 1974, as amended (ERISA), in response to requests from the regulated community.

 


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