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HTMLPurposeful By-Product: Louisiana Supreme Court Determines Purchases of Limestone Used in Electricity Generation Qualified for 'Further Processing Exclusion' Under Louisiana Sales & Use Tax
Marc A. Simonetti, Douglas Upton; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 25, 2016, previously published on May 24, 2016
The Louisiana Supreme Court concluded that limestone purchased for the dual purpose of absorbing sulfur during the generation of electricity and producing ash for sale to third parties was excluded from the definition of a “sale at retail” by application of the “further processing...

 

HTMLFINCEN Customer Due Diligence Rules Exclude Most Private Funds from Definition of Legal Entity Customers
Sutherland Asbill Brennan LLP;
Legal Alert/Article
May 25, 2016, previously published on May 24, 2016
On May 5, 2016, the U.S. Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”) issued final rules (the “Final Rules”) on customer due diligence requirements for banks, broker-dealers, mutual funds, and futures commission merchants and introducing...

 

HTMLDHS to Clarify Liability Protections for Companies Sharing Cyber-threat Indicators
Sutherland Asbill Brennan LLP;
Legal Alert/Article
May 24, 2016, previously published on May 23, 2016
The Department of Homeland Security (DHS) intends to issue revised guidance that will clarify liability protections for companies sharing cyber-threat indicators among themselves, and will reissue guidance on information sharing with non-federal entities under the Cybersecurity Act of 2015. DHS...

 

HTMLEPA to Reduce Methane Emissions from the Oil and Natural Gas Industry
Jay Holloway, Susan G. Lafferty, David M. McCullough, James A. Thompson, Liz Williamson; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 24, 2016, previously published on May 23, 2016
On May 12, the U.S. Environmental Protection Agency (EPA) released final regulations (the Rules) aimed at reducing methane emissions from certain new and modified oil and gas facilities by 40% to 45% from 2012 levels by 2025. Methane is considered to be a significant contributor to climate change,...

 

HTMLWhat Is Your Starting Salary? New FLSA Regulations Raise The Bar For U.S. Employers
Juan C. Garcia, Matt Gatewood, Michael A. Hepburn, Paul R. Lang, Gail L. Westover; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 24, 2016, previously published on May 23, 2016
Employers with salaried employees earning under $47,476 annually should evaluate the impact on their organizations of major changes to employee compensation following new federal wage requirements effective December 1, 2016.

 

HTMLWabash Valley Power Association Purchases Participation Interest in Illinois Power Plant
Sutherland Asbill Brennan LLP;
Legal Alert/Article
May 24, 2016, previously published on May 20, 2016
Wabash Valley Power Association purchased a 5 percent participation interest in a 1,600-MW coal-powered electric plant in the Prairie State Energy Campus for $57 million. The Campus, operational since 2012, is comprised of a power plant and an adjacent coal mine. The deal was completed a day after...

 

HTMLMiddle Tennessee Cooperative Withdraws Offer to Purchase Electric Utility
Sutherland Asbill Brennan LLP;
Legal Alert/Article
May 24, 2016, previously published on May 20, 2016
Middle Tennessee Electric Membership Corp. informed the Mayor of Murfreesboro that it has withdrawn its offer to purchase Murfreesboro Electric Department which was recently valued between $175.5 million and $247.3 million. The City Council is discussing whether to take away the utility’s...

 

HTMLFortis Signs Agreement to Supply LNG to Hawaii Electric
Sutherland Asbill Brennan LLP;
Legal Alert/Article
May 20, 2016, previously published on May 19, 2016
Fortis Inc. announced today that its subsidiary, Fortis Hawaii Energy Inc., entered into an agreement to supply Hawaiian Electric Company, Inc. with 800,000 metric tons/year of LNG over 20-years from FortisBC’s Tilbury LNG facility in Delta, British Columbia, starting in 2021. According to...

 

HTMLImplementing the Whistleblower Immunity Notice Provision under the Recently-Enacted Federal Defend Trade Secrets Act
Ann G. Fort, Matt Gatewood, Peter G. Pappas, William L. Warren, Gail L. Westover; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 20, 2016, previously published on May 18, 2016
The Defend Trade Secrets Act, signed into law on May 11, 2016, includes a whistleblower immunity notice provision. An employer that wants to preserve maximum recoveries for misappropriation against an employee should take action now.

 

HTMLVirginia Coop’s Permitting Dispute Drags On
Sutherland Asbill Brennan LLP;
Legal Alert/Article
May 20, 2016, previously published on May 19, 2016
A Pennsylvania environmental appeals board recently denied Old Dominion Electric Cooperative’s motion for summary judgment in a permitting dispute related to a proposed gas-fired plant, citing the importance of a factual question—whether water discharged into a river after being used as...

 


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