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HTMLDirectional Driller’s Employee’s Claims Against Lease Owner And Drilling Contractor Defeated On Summary Judgment
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 11, 2014, previously published on September 3, 2014
The Texas owner of a North Dakota oil and gas lease contracted with a drilling company to provide a drilling rig and drilling services (the “drilling contractor”), and also contracted with another company to perform directional drilling services (the “directional driller”)....

 

HTMLNorth Carolina Coop Entitled to Trial Over Condemnation
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 11, 2014, previously published on September 9, 2014
North Carolina’s Rutherford Electric Membership Corporation will get another chance in court to condemn certain land on which it wishes to run transmission lines. Landowner Tim Sweeney, a Cary, North Carolina, video game developer, challenged the condemnation last spring, and the Superior...

 

HTMLSEC Issues Annual Report on Form PF Disclosures
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 11, 2014, previously published on September 8, 2014
On August 15, 2014, the SEC’s Division of Investment Management (IM) issued its second annual report summarizing data collected through Form PF filings. What the report makes clear is that the SEC is using, not just collecting, data collected from Form PF filers in a number of ways across the...

 

HTMLCFPB Warns Credit Card Companies About Potential UDAAP Violations When Marketing Promotional Interest Rates
Keith J. Barnett, B. Knox Dobbins, Brian M. Murphy, Robert J. Pile, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 11, 2014, previously published on September 8, 2014
The Consumer Financial Protection Bureau (CFPB) issued a bulletin on September 3, 2014 warning credit card companies that marketing materials for promotional annual percentage rate (APR) offers may be in violation of the unfair, deceptive, or abusive acts or practices (UDAAP) provisions of the...

 

HTMLIt’s Time to Review Benefit Denial Letters
Brenna M. Clark, Adam B. Cohen, Andrea M. Gehman, Michael A. Hepburn, Paul R. Lang; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 11, 2014, previously published on September 8, 2014
On August 7, the U.S. Court of Appeals for the Sixth Circuit decided in Moyer that the contractual time limits governing the period during which a participant must initiate judicial review of a benefits denial must be included in the denial letter issued by the plan administrator in order to comply...

 

HTMLTCPA Hot Issues: Is the Scope of Consent Unlimited?
Keith J. Barnett, Thomas M. Byrne, Ellen M. Dunn, Juan C. Garcia, Allegra J. Lawrence-Hardy; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 11, 2014, previously published on September 3, 2014
What constitutes valid consent under the Telephone Consumer Protection Act? A hot issue in TCPA litigation is the scope of consent necessary to place automated calls to consumers where the consumer has provided a cell phone number to a company in connection with a specific transaction or...

 

HTMLIndiana Loosens Its Utility Belt: Prepaid Phones and Phone Service Subject to Utility Receipts Tax
Stephen A. Burroughs, Prentiss Willson; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 4, 2014, previously published on August 29, 2014
Indiana’s Department Revenue determined that the sale of prepaid phone cards and prepaid cell phones are “telecommunication services” subject to Indiana’s Utility Receipts Tax (URT). The URT is an income tax imposed upon the receipts a taxpayer receives from the sale of...

 

HTMLHaisla Nation Files LNG Export Applications with the Canadian National Energy Board
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 4, 2014, previously published on September 2, 2014
The Haisla Nation has filed three separate applications with the Canadian National Energy Board for authority to export LNG to Asian markets. The applicants, Cedar 1 LNG Export Ltd., Cedar 2 LNG Export Ltd., and Cedar 3 LNG Export Ltd., are subsidiaries of Cedar LNG Export Development Ltd., an LNG...

 

HTMLCleaning House: Virginia Denies Manufacturing Exemption for Cleaning Products
Andrew D. Appleby, Kathryn E. Pittman; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 4, 2014, previously published on August 28, 2014
The Virginia Tax Commissioner determined that an ink manufacturer’s purchase of cleaning chemicals did not qualify for the industrial manufacturing exemption from sales and use tax. To avoid color contamination, the taxpayer had to regularly clean the equipment used to produce the ink with...

 

HTMLCE FLNG Provides Status Report on Proposed Floating LNG Export Terminal
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 4, 2014, previously published on August 29, 2014
CE FLNG has filed with FERC an update on the status of its proposed self-propelled floating LNG export terminal on the Mississippi River near Baptiste Collette Bayou in Plaquemines Parish, La. According to the report, among other things, CE FLNG (1) is waiting for a ruling by the U.S. Customs and...

 


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