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HTMLMulti-Million Dollar Settlements Prompt Record Filing of TCPA Lawsuits
Wilson G. Barmeyer, Thomas M. Byrne, Ellen M. Dunn, Allegra J. Lawrence-Hardy, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
August 18, 2014, previously published on August 12, 2014
High-dollar settlements of class actions filed under the Telephone Consumer Protection Act appear to have prompted the filing of a record number of new TCPA cases in federal courts nationwide. In the largest TCPA settlement announced to date, on July 29, 2014, a federal court in Illinois...

 

HTMLFlorida Court of Appeal Holds Insured’s Death Alone Does Not Trigger Unclaimed Property Law Obligations
Ellen M. Dunn, Robert D. Owen, Phillip E. Stano, Steuart H. Thomsen, Mary Jane Wilson-Bilik; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
August 8, 2014, previously published on August 6, 2014
In an opinion filed August 5, Florida’s First District Court of Appeal held that Florida’s unclaimed property law does not make life insurance proceeds due and payable at the time of the insured’s death and does not impose an affirmative duty on life insurers to search death...

 

HTMLCongress Scrutinizes Hedge Funds’ Use of Financial Derivatives
Bruce M. Bettigole, Thomas A. Cullinan, Yasho Lahiri, William R. Pauls, W. Scott Sorrels; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 30, 2014, previously published on July 25, 2014
This week the Senate Permanent Subcommittee on Investigations, Committee on Homeland Security and Governmental Affairs (Subcommittee), in conjunction with the Subcommittee’s hearing on July 22, 2014, released a report on hedge funds’ use of financial derivatives considered abusive. In...

 

HTMLMTC Uniformity Committee Prepares for UDITPA Regulations
Michele Borens, Jonathan A. Feldman, Jeffrey A. Friedman, Todd A. Lard, Marc A. Simonetti; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 29, 2014, previously published on July 29, 2014
On July 28, the Multistate Tax Commission (MTC) Uniformity Committee tabled two projects to free up resources to work on apportionment regulations in anticipation of the full Commission vote later this week that could amend several key UDITPA sourcing rules.

 

HTMLConjunction Junction: Michigan Supreme Court Holds "And" Means "And" for Use Tax Exemption
Nicole D. Boutros, Timothy Gustafson, Timothy A. Gustafson; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 24, 2014, previously published on July 21, 2014
The Michigan Supreme Court held that a taxpayer claiming a Michigan use tax exemption for sales tax “due and paid” on its purchases of tangible personal property must demonstrate that it actually paid sales tax on such property. The taxpayer provided a marine transportation service to...

 

Adobe PDFSupreme Court of Texas Provides “Much-Needed Clarity” to Texas Spoliation Jurisprudence
Robert A. Lemus, Robert D. Owen, Kent C. Sullivan, Carter L. Williams; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 15, 2014, previously published on July 9, 2014
On July 3, the Supreme Court of Texas issued a significant opinion in Brookshire Brothers, Ltd. v. Jerry Aldridge, No. 10-0846 (Tex. 2014), that clarifies the standards governing the spoliation of evidence in Texas as well as the parameters of a trial court’s discretion to impose a remedy...

 

Adobe PDFAfter All the Preparation, It’s Finally Here: FATCA Becomes Effective July 1, 2014
Dennis L. Allen, Robert S. Chase, Thomas A. Gick, Jerome B. Libin, Jeffrey H. Mace; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 9, 2014, previously published on June 30, 2014
More than four years after Congress enacted the Hiring Incentives to Restore Employment Act of 2010, Pub. L. 111-147, which added the Foreign Account Tax Compliance Act (FATCA) provisions to the Internal Revenue Code, FATCA will become effective on July 1, 2014. While the importance of this date...

 

HTMLIdaho Unclaimed Property Rule: Insurers Must Confirm Whether Insureds Have Died
Thomas W. Curvin, Ellen M. Dunn, Phillip E. Stano, Steuart H. Thomsen, Mary Jane Wilson-Bilik; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 8, 2014, previously published on July 1, 2014
In a recently issued notice of rulemaking, the Idaho State Treasurer’s Office has proposed a temporary rule that, if permanently adopted, would alter two key definitional provisions in the state’s unclaimed property laws relating to life insurance policies and annuity contracts. The...

 

HTMLFlorida's Bob Ross Cloud: Happy, Puffy and Tax-Free
Andrew D. Appleby, Stephen Burroughs; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 3, 2014, previously published on June 25, 2014
The Florida Department of Revenue determined that the sale of remote storage and cloud computing services, along with related data transfer fees, are information services not subject to Florida sales tax or Communication Service Tax (CST). The taxpayer’s remote storage service grants...

 

HTMLSigned, Sealed, Delivered, They're Ours: Illinois Sources Cloud Computing Receipts Using Market-Based Approach
Sahang-Hee Hahn, Pilar Mata; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 3, 2014, previously published on June 27, 2014
The Illinois Department of Revenue determined that a taxpayer’s cloud computing receipts should be sourced for sales factor purposes using a market-based approach because the receipts were derived from services. The taxpayer was an information technology hosting services provider engaged in a...

 


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