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HTMLPlease Hold, Someone Will Be With You Shortly: FCC Action on Pending TCPA Petitions Expected Soon
Keith J. Barnett, Thomas M. Byrne, Juan C. Garcia, Allegra J. Lawrence-Hardy, Phillip E. Stano; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 1, 2015, previously published on May 29, 2015
Following on the heels of FCC Commissioner Michael O’Rielly’s stinging comments imploring the agency to address a backlog of petitions requesting clarification of its Telephone Consumer Protection Act (TCPA) regulations, FCC Chairman Tom Wheeler announced on May 27 that he is...

 

Adobe PDFDOL Has Many Questions About its Fiduciary Reproposal
Brenna M. Clark, Adam B. Cohen, Carol T. McClarnon, Vanessa A. Scott, W. Mark Smith; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 29, 2015, previously published on May 28, 2015
As has been widely reported, the U.S. Department of Labor (DOL) on April 14 issued its proposal to expand the definition of investment advice fiduciary under the Employee Retirement Income Security Act (ERISA). DOL included in that package more than 170 questions concerning its proposal or matters...

 

HTMLCall Answered: Supreme Court to Decide if Offer of Judgment Moots TCPA Class Action and Scope of Gov’t Contractor Liability
Keith J. Barnett, Thomas M. Byrne, Juan C. Garcia, Allegra J. Lawrence-Hardy, Phillip E. Stano; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 22, 2015, previously published on May 21, 2015
On May 18, the U.S. Supreme Court granted certiorari in Campbell-Ewald Co. v. Gomez,1 a Telephone Consumer Protection Act (TCPA) class action. The case raises two related questions that are the source of frequent litigation and circuit conflict in class actions: (1) whether a Federal Rule of Civil...

 

HTMLTax-Free Conferencing: Vermont Commissioner of Taxes Rules Conference Bridging and Meeting Collaboration Software Services Not Subject to Sales Tax
Timothy A. Gustafson, Suzanne M. Palms; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 21, 2015, previously published on May 20, 2015
The Vermont Commissioner of Taxes determined that conference bridging and meeting collaboration software services provided to Vermont customers were not subject to sales and use tax. The service provider’s conference bridging service allowed customers to call into a number with an access code...

 

HTMLWynne Court Holds That Internal Consistency Lives, Applies to Taxation of Resident
Michele Borens, Jonathan A. Feldman, Jeffrey A. Friedman, Todd A. Lard, Carley A. Roberts; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 20, 2015, previously published on May 18, 2015
A divided U.S. Supreme Court ruled that Maryland’s personal income tax regime is unconstitutional. Comptroller of the Treasury v. Wynne, 575 U.S. -- (2015). The Court affirmed the Maryland Court of Appeals in a 5-4 decision and held that Maryland unconstitutionally created the risk of...

 

HTMLSupreme Court Instructs Ninth Circuit to Consider Common Law of Trusts in Applying ERISA's Statute of Limitations
Wilson G. Barmeyer, Brenna M. Clark, Adam B. Cohen, Carol T. McClarnon, W. Mark Smith; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 20, 2015, previously published on May 20, 2015
The Supreme Court has once again emphasized the importance of ERISA’s origins in the common law of trusts, this time in interpreting its statute of limitations. On May 18, the Court reversed the Ninth Circuit’s decision in Tibble v. Edison1, which had held that a claim for breach of...

 

HTMLPrice Optimization Update: NAIC Revises White Paper, Florida and Indiana Question Certain Practices
Eric A. Arnold, Thomas W. Curvin, Stephen E. Roth, Cynthia R. Shoss, Phillip E. Stano; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 19, 2015, previously published on May 18, 2015
“Price optimization,” a practice that uses predictive modeling and data analytics in pricing insurance products, continues to draw the attention of state regulators, consumer advocates, and class action plaintiffs. Last week, Indiana and Florida issued statements questioning certain...

 

HTMLTaxpayer Wynne’s: Supreme Court Rules Maryland Personal Income Tax Violates Constitution
Michele Borens, Jonathan A. Feldman, Jeffrey A. Friedman, Todd A. Lard, Carley A. Roberts; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 19, 2015, previously published on May 18, 2015
This morning the U.S. Supreme Court ruled that Maryland’s personal income tax regime is unconstitutional. By failing to provide a full credit to its residents for taxes paid to other states, Maryland unconstitutionally created the risk of multiple taxation. The Maryland Court of Appeals was...

 

HTMLFocus On International Standards
Bert Adams, Eric A. Arnold, B. Scott Burton, James R. Dwyer, Eric R. Fenichel; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 13, 2015, previously published on May 13, 2015
The influence of international standards on the direction of insurance regulation in the United States has dominated public discussion about insurance regulation during recent years. Nowhere was that more evident than in Washington, D.C., last week. On May 5, the 6th Annual U.S.-EU Insurance...

 

HTMLInternational Design Patent Filing Option Available May 13, 2015, to U. S. Filers
Christopher J. Chan, Stacy D. Fredrich, Jeremy D. Spier; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 12, 2015, previously published on May 11, 2015
Beginning May 13, 2015, U.S. applicants will be able to file international design patent applications through the U.S. Patent and Trademark Office. In addition, U.S. design patents resulting from applications filed on or after May 13, 2015, will have a 15-year term from issuance, which represents a...

 


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