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HTMLNY DFS Announces Proposal for Cybersecurity Rules for Financial Services Companies
Mark D. Herlach, John S. Pruitt, Stephen E. Roth, Cynthia R. Shoss, Phillip E. Stano; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 22, 2016, previously published on September 22, 2016
On September 13, 2016, New York Governor Andrew Cuomo announced a proposal by the New York Department of Financial Services (the DFS) of a rule that establishes cybersecurity requirements for financial services companies regulated by the DFS (the NY Regulation). The NY Regulation is the culmination...

 

HTMLSEC Adopts Changes to Form ADV and Books and Records Rules
Eric A. Arnold, Clifford E. Kirsch, Michael B. Koffler, Susan S. Krawczyk, Holly H. Smith; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 19, 2016, previously published on September 19, 2016
On August 25, the Securities and Exchange Commission (the SEC) adopted amendments to Form ADV Part 1 that will require SEC-registered investment advisers to provide a significant amount of new information.1 The SEC adopted these amendments to Form ADV to improve the depth and quality of information...

 

Adobe PDFNAIC Report: 2016 Summer National Meeting
B. Scott Burton, Ling Ling, Michael R. Nelson, John S. Pruitt, Cynthia R. Shoss; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 7, 2016, previously published on September 7, 2016
The National Association of Insurance Commissioners (NAIC) held its 2016 Summer National Meeting from August 26 through August 29 in San Diego, California.

 

HTMLNew Sedona Conference Commentary Recommends Restricting the Reach of Document Requests Directed to U.S. Affiliates of Overseas Companies
Francis X. Nolan, Robert D. Owen; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
August 30, 2016, previously published on August 30, 2016
Earlier this month, the Sedona Conference issued the final version of its “Commentary on Rule 34 and Rule 45 ‘Possession, Custody, or Control.’” The Commentary recommends adopting the “legal right” test to analyze the enforcement of subpoena and document...

 

HTMLBecause ... It's All in the Cloud: Sales of Cloud-Computing Services Do Not Create Nexus in Virginia
Nicholas J. Kump, Amy F. Nogid; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
August 30, 2016, previously published on August 26, 2016
The Virginia Department of Taxation (Department) ruled that a company’s sales of cloud computing services did not create nexus with Virginia for corporate income tax purposes. The Department also said that in applying P.L. 86-272, it uses the same “solicitation” test for both the...

 

HTMLDon’t Hail the CAB - Why FINRA’s Capital Acquisition Broker Rule Set Will Not Get Private Funds to their Destination
Eric A. Arnold, Clifford E. Kirsch, Michael B. Koffler, Susan S. Krawczyk, Yasho Lahiri; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
August 30, 2016, previously published on August 29, 2016
For many years, the private fund industry and the securities bar have called for a limited rule set to govern broker-dealers solely engaged in raising capital for private funds or other issuers of unregistered securities or in merger and acquisition advisory activities.

 

HTMLNAIC Task Force Releases Revised Draft Insurance Data Security Model Law
Mark D. Herlach, John S. Pruitt, Stephen E. Roth, Cynthia R. Shoss, Mary Jane Wilson-Bilik; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
August 30, 2016, previously published on August 25, 2016
On August 17, the National Association of Insurance Commissioners (the NAIC) Cybersecurity (EX) Task Force (the Task Force) released for comment a revised draft Insurance Data Security Model Law (the Model Law). This Model Law purports to “establish exclusive standards . . . for data security...

 

HTMLISDA Publishes Variation Margin Protocol
Brian Barrett, James M. Cain, Catherine M. Krupka, David T. McIndoe, Mark D. Sherrill; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
August 24, 2016, previously published on August 23, 2016
On August 16, 2016, the International Swaps and Derivatives Association, Inc. (ISDA) published the ISDA 2016 Variation Margin Protocol (VM Protocol). The VM Protocol is intended as a tool to help market participants that will be subject to regulatory variation margin requirements,1 and their...

 

HTMLOregon Tax Court Rules Electricity Sales to California Purchasers May Not Be Sourced to Oregon
Eric J. Coffill, Michael J. Kerman; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
August 24, 2016, previously published on August 23, 2016
On remand from the Oregon Supreme Court, the Oregon Tax Court ruled that receipts from sales of electricity to California purchasers cannot be sourced to Oregon. The Oregon Supreme Court had ruled in Powerex Corp. v. Dept. of Rev., 357 OR. 40 (2015) that sales of electricity are sales of tangible...

 

HTMLDay 3: There’s an App for That
Michael R. Nelson; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
August 15, 2016, previously published on August 14, 2016
Starting off just outside of Denver. 42 degrees. I am charging Charlie and Drew is getting a few last winks in.

 


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