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HTMLCalifornia Supreme Court Holds Multistate Tax Compact is Not Binding
Michele Borens, Jonathan A. Feldman, Todd A. Lard, Carley A. Roberts, Leah Robinson; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 4, 2016, previously published on December 31, 2015
On December 31, 2015, the California Supreme Court closed the book on California’s Multistate Tax Compact election saga, unanimously holding that the Compact is not a binding contract among its members and the State was not bound by its provisions before the State’s repeal of the...

 

HTMLHailing a CAB - Does FINRA’s Proposed Capital Acquisition Broker Rule Set Get Private Fund Sponsors to Their Desired Destination?
Eric A. Arnold, Clifford E. Kirsch, Michael B. Koffler, Susan S. Krawczyk, Yasho Lahiri; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 4, 2016, previously published on December 31, 2015
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.1 These broker-dealers would...

 

HTMLWhat's Good for Today's Goose Is Not So Good for Yesterday's Gander: California Board of Equalization Rejects Taxpayer's Retroactive Economic Nexus Argument
Timothy A. Gustafson, Evan M. Hamme; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 4, 2016, previously published on December 30, 2015
The California State Board of Equalization (Board) unanimously rejected Craigslist, Inc.’s (Craigslist) argument that California’s adoption of a factor-presence nexus regime in 2009 reflected pre-existing federal constitutional nexus standards pursuant to which Craigslist would be...

 

HTMLTop Personal Auto Insurers See Decline in Underwriting Profits
Sutherland Asbill Brennan LLP;
Legal Alert/Article
December 30, 2015, previously published on December 29, 2015
Fitch Ratings is reporting a dip in profitability in underwriting for private passenger auto insurance. The decline in profits over the first nine months of 2015 is due to increases in claim severability and claim frequency, which in turn may be caused by increased driving. These findings dispel...

 

HTMLSEC Seeks Comment on Cybersecurity Issues in ANPR for Transfer Agents
Sutherland Asbill Brennan LLP;
White Paper
December 30, 2015, previously published on December 29, 2015
On December 22, the Securities and Exchange Commission (SEC) issued an advanced notice of proposed rulemaking (ANPR) for new transfer agent requirements, and it also issued a concept release for which public comment on the SEC’s broader review of transfer agent regulation is sought. In the...

 

HTMLPower Generators Challenge Clean Power Plan
Sutherland Asbill Brennan LLP;
Legal Alert/Article
December 30, 2015, previously published on December 29, 2015
A federal appeals court is considering whether to add six separate lawsuits to a claim filed by 26 states against the U.S. Environmental Protection Agency for its proposed Clean Power Plan.

 

HTMLSabine Pass LNG Files Construction Status Report
Sutherland Asbill Brennan LLP;
Legal Alert/Article
December 29, 2015, previously published on December 28, 2015
Sabine Pass LNG has filed a report with FERC on the status of construction of its LNG export terminal in Sabine Pass, La through November 2015. The report states that Stage 1 (Liquefaction Trains 1 and 2) overall project completion is 96.9% against the scheduled plan of 98.7%. Stage 2 (Liquefaction...

 

HTMLStatus Report Filed for Corpus Christi Export Terminal
Sutherland Asbill Brennan LLP;
Legal Alert/Article
December 29, 2015, previously published on December 28, 2015
Corpus Christi Liquefaction has filed a report with FERC covering construction at its LNG export terminal in Corpus Christi, Texas. The report states that engineering has progressed to 92.1% complete, procurement has progressed to 39.6%, and construction has progressed to 1.4%. The total project...

 

HTMLFERC Grants Pre-Filing Procedures for G2 LNG Export Terminal
Sutherland Asbill Brennan LLP;
Legal Alert/Article
December 29, 2015, previously published on December 28, 2015
FERC has issued a letter granting G2 LNG, LLC’s request for initiation of pre-filing environmental review procedures for its proposed liquefaction and LNG export terminal on the west bank of the Calcasieu River in Cameron Parish, La. The order states that G2 intends to file a formal...

 

HTMLTrademark Wars: The First Amendment Strikes Back - Lanham Act’s Disparaging Trademark Registration Ban Struck Down as Unconstitutional
Ann G. Fort, James H. Johnson, Robert R.L. Kohse; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
December 29, 2015, previously published on December 29, 2015
The U.S. Court of Appeals for the Federal Circuit, en banc, has ruled that Section 2(a) of the Lanham Act precluding “disparaging” trademark registrations is unconstitutional, rejecting the argument that trademark registration is government speech not subject to First Amendment...

 


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