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HTMLPlaintiffs Have Come Up Empty on Class Action Slack Fill Litigation But Are Expected to Pick It Up in 2017
Brittany M. Cambre, Sarah Q. Chaudhry, Melissa A. Conrad-Alam, Michael R. Nelson, Meghana D. Shah, Ronald W. Zdrojeski; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 19, 2017, previously published on January 18, 2017
Complaints regarding the amount of product contained in a particular package appear to be the new battlefront on which plaintiffs are waging war on a wide range of consumer product manufacturers. The lawsuits are spurred by a set of regulations, issued by the U.S. Food and Drug Administration (FDA)...

 

HTMLRedial: 2016 TCPA Year in Review ¿ Analysis of Critical Issues and Trends
Curtis Arnold, Wilson G. Barmeyer, Thomas M. Byrne, Kristine M. Ellison, Alexander P. Fuchs, Francis X. Nolan, Lewis S. Wiener, Ronald W. Zdrojeski; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 19, 2017, previously published on January 18, 2017
The Sutherland TCPA team has published its third annual REDIAL: 2016 TCPA YEAR IN REVIEW - ANALYSIS OF CRITICAL ISSUES AND TRENDS.

 

HTMLWhen are Premiums Paid to a Captive Insurance Company Deductible for Federal Income Tax Purposes?
Saren Goldner, M. Kristan Rizzolo, P. Bruce Wright; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 19, 2017, previously published on January 4, 2017
In their article for Captive.com, Sutherland attorneys P. Bruce Wright, M. Kristan Rizzolo and Saren Goldner review the basic requirements that must be met for insurance premiums paid to a captive insurer to be tax deductible: risk transfer, risk distribution and insurance risk.

 

HTMLIs It Safe? Limits of “Safe Harbor” for Temporary Holds on Senior Investor Transactions Under Proposed FINRA Rule 2165
Bruce M. Bettigole, Clifford E. Kirsch, Sarah Razaq Sallis, Holly H. Smith; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 13, 2017, previously published on January 12, 2017
In addition to the recent increase in regulatory focus on senior investors,1 earlier this fall, the Financial Industry Regulatory Authority (FINRA) filed a rulemaking proposal (the filing) with the Securities and Exchange Commission (SEC) to adopt new FINRA Rule 2165 (Financial Exploitation of...

 

HTMLWest Virginia Court Rules that Credit for Taxes Paid to Other States Must Include Local Taxes
Open Weaver Banks, Michael J. Kerman; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 11, 2017, previously published on January 5, 2017
The West Virginia Supreme Court held that a credit for taxes paid to other states on purchases of motor fuel is constitutional only if interpreted to include taxes paid to subdivisions of other states. The court determined that a credit that applies only to taxes paid to other states, and not...

 

HTMLCitigroup False Claims Act Lawsuit Remanded to New York State Court for Lack of Federal Question Jurisdiction
Zachary T. Atkins, Marc A. Simonetti; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 11, 2017, previously published on January 6, 2017
A federal district court denied a taxpayer’s motion to dismiss a lawsuit brought under the New York False Claims Act (FCA) for lack of subject matter jurisdiction and remanded the action to state court. The relator, an Indiana University professor, alleges that Citigroup violated the FCA by...

 

HTMLCalifornia Appeal Court Upholds $2.8 Million Refund for Comcast on Unitary Business Issue
Madison J. Barnett, Chelsea E. Marmor; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 9, 2017, previously published on January 3, 2017
The California Court of Appeal upheld Comcast’s $2.8 million franchise tax refund, determining that: (1) Comcast and its subsidiary QVC were not unitary, such that QVC was properly excluded from Comcast’s combined group, and (2) a termination fee Comcast received from a failed merger...

 

HTMLNew Jersey Tax Court Analyzes Credit Card Receipt Sourcing
Andrew D. Appleby, Douglas J. Upton; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 6, 2017, previously published on November 15, 2016
The New Jersey Tax Court determined that credit card issuers must source to New Jersey all of their interest and interchange fee receipts, and half of their credit card service fees, from New Jersey accountholders. The Tax Court concluded that the Division of Taxation’s regulations required...

 

HTMLNew Jersey Tax Court Rejects Application of 100% Apportionment Factor But Denies In-State Company's Bid to Use Three-Factor Formula
Zachary T. Atkins, Open Weaver Banks; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 6, 2017, previously published on November 14, 2016
The New Jersey Tax Court held that apportioning all of a company’s income to New Jersey for corporate business tax purposes, even with the allowance of a credit for taxes paid to separate-return states, failed to fairly reflect the company’s business activities in New Jersey.

 

HTMLHit ‘em Where They Ain’t - TCCWNA Class Actions Target Broad Range of Consumer-Facing Practices
Kymberly Kochis, Francis X. Nolan, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 6, 2017, previously published on January 5, 2017
Consumer-facing businesses that advertise and sell to New Jersey consumers, whether through brick and mortar operations or over the Internet, are being targeted in class action lawsuits under New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA, pronounced...

 


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