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HTMLDesignated Corporate Witness Must Testify About “Information Known Or Reasonably Available” To Entity
Sutherland Asbill Brennan LLP;
Legal Alert/Article
January 15, 2015, previously published on December 11, 2014
In response to a Rule 30(b)(6) notice of deposition, a company “must then designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf; and it may set out the matters on which each person designated will testify... The persons...

 

HTMLWashington Federal Court Emphasizes Privilege Logs Must Describe Nature Of The Documents Withheld
Sutherland Asbill Brennan LLP;
Legal Alert/Article
January 15, 2015, previously published on December 11, 2014
The issuer of a commercial property insurance policy refused to indemnify its insured for losses resulting from the failure of a methane purification system at a landfill gas processing facility in the State of Washington. The insured filed suit and then sought to compel production of the...

 

HTMLFERC Releases Environment Assessment for Sabine Pass Expansion
Sutherland Asbill Brennan LLP;
Legal Alert/Article
January 15, 2015, previously published on December 12, 2014
Today, FERC released its environment assessment (EA) for Sabine Pass LNG’s proposed expansion project at its export terminal in Cameron Parish, La. The expansion involves construction of two new LNG liquefaction trains (Trains 5 and 6) which would increase the Sabine Pass terminal’s LNG...

 

HTMLSEC and PCAOB Address Independence Requirements in Audits Related to Broker-Dealers’ Financial Statements
Peter J. Anderson, Eric A. Arnold, Keith J. Barnett, Bruce M. Bettigole, Patricia A. Gorham; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 14, 2015, previously published on December 10, 2014
Confirming that auditor independence continues to be a regulatory priority, the Securities and Exchange Commission (SEC or Commission) and the Public Company Accounting Oversight Board (PCAOB) issued orders on December 8, imposing sanctions against 15 accounting firms for violating auditor...

 

HTMLMultistate Tax Commission Gauges State Interest in Funding Transfer Pricing Expertise and Expands Audit Program
Michele Borens, Jonathan A. Feldman, Jeffrey A. Friedman, Todd A. Lard, Carley A. Roberts; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 14, 2015, previously published on December 12, 2014
At its Fall Meeting in Nashville, Tennessee on December 11-12, the MTC’s Executive Committee voted to formally contact states to solidify whether there is sufficient financial commitment to fund any potential MTC transfer pricing program. The MTC also formally announced that Iowa,...

 

HTMLTCPA Class Action Against Insurance Agent Not Covered by Professional Liability Insurance
Keith J. Barnett, Thomas M. Byrne, Ellen M. Dunn, Juan C. Garcia, Allegra J. Lawrence-Hardy; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 14, 2015, previously published on December 9, 2014
As class action filings under the Telephone Consumer Protection Act (TCPA) have continued to rise, so too have the number of disputes with commercial liability insurers over coverage for their insureds’ alleged TCPA violations. Whether TCPA defendants can seek coverage from liability insurers...

 

HTMLSupreme Court Simplifies Removal from State Courts
Thomas M. Byrne, Valerie Strong Sanders, Phillip E. Stano, Steuart H. Thomsen; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 14, 2015, previously published on December 15, 2014
The Supreme Court today relieved decades of uncertainty concerning the filing requirements for removal of cases to federal court from state court by holding that a defendant is required only to file “a short and plain statement” containing a “plausible allegation” that the...

 

HTMLU.S. Supreme Court Holds That Time Spent in Security Screenings Not Compensable Under FLSA
Thomas R. Bundy, Lisa M. Haldar, Allegra J. Lawrence-Hardy, Gail L. Westover; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 14, 2015, previously published on December 11, 2014
On December 9, 2014, the United States Supreme Court unanimously reversed a decision by the United States Court of Appeals for the Ninth Circuit holding that warehouse employees had stated a claim for unpaid wages under the Fair Labor Standards Act (FLSA) for time spent undergoing an antitheft...

 

HTMLU.S. Supreme Court Hears Arguments in 4-R Act Case (For the Second Time)
Michele Borens, Jonathan A. Feldman, Jeffrey A. Friedman, Todd A. Lard, Carley A. Roberts; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 14, 2015, previously published on December 11, 2014
On December 9, the U.S. Supreme Court heard oral arguments in the last of three state and local tax cases that it accepted this term - Alabama Department of Revenue v. CSX Transportation, Inc. (CSX II), a case that had previously been before the Supreme Court. CSX Transportation, Inc. v. Alabama...

 

HTMLNew Great River Energy CHP Plan Online
Sutherland Asbill Brennan LLP;
Legal Alert/Article
December 16, 2014, previously published on December 9, 2014
Minnesota-based Great River Energy’s (GRE) Spiritwood coal plant came online last month in North Dakota. The combined heat and power plant is nearly twice as efficient as conventional coal plants. In addition to generating power for GRE’s members, the plant will produce steam energy for...

 


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