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HTMLIf They Build It, Will They Come? ALAS Advisory Group Prepares Final Program Design to Present to MTC Executive Committee Amidst Light Early Interest From States
Michele Borens, Jonathan A. Feldman, Jeffrey A. Friedman, Todd A. Lard, Carley A. Roberts; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
April 8, 2015, previously published on April 7, 2015
The Multistate Tax Commission’s (“MTC”) Arm’s-Length Adjustment Services Advisory Group (“the Group”) met via teleconference to continue working on the Final Program Design. States participating on the call were: Alabama, Florida, Kentucky, North Carolina,...

 

HTMLRecent Developments on Variable Annuity Captive Reinsurance and Hedging Risk Evaluation; and Impacts on VA Issuers
Frederick R. Bellamy, B. Scott Burton, Thomas W. Curvin, James R. Dwyer, Eric R. Fenichel; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
April 8, 2015, previously published on April 7, 2015
In the midst of the broader discussion within the insurance regulatory community regarding the financial risks potentially posed by captive reinsurers, the National Association of Insurance Commissioners (NAIC) has recently taken steps to evaluate the use of captive reinsurance for guaranteed...

 

HTMLFERC Disclaims Jurisdiction Over Inland Facility Producing LNG for Export
Sutherland Asbill Brennan LLP;
Legal Alert/Article
April 7, 2015, previously published on April 6, 2015
FERC has issued an order disclaiming jurisdiction pursuant to section 3 of the Natural Gas Act over Pivotal LNG and its affiliates’ inland U.S. facilities, which produce LNG that may ultimately be exported. FERC ruled that its section 3 LNG terminal jurisdiction extends to a facility that is...

 

HTMLShocker in the Sunshine State: Data Center Power Fees Not Subject to Florida Gross Receipts Tax
Madison J. Barnett, Charles C. Capouet; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
April 7, 2015, previously published on April 6, 2015
The Florida Department of Revenue determined that a Florida data center’s power fees are not subject to gross receipts tax but may be subject to sales tax. The taxpayer operates a colocation data center and purchases electricity to power the data center from a utility. The taxpayer’s...

 

HTMLPresident Issues Executive Order Establishing New Sanctions Regime to Combat Cyber Attack Threats
Sutherland Asbill Brennan LLP;
Legal Alert/Article
April 6, 2015, previously published on April 3, 2015
On April 1, 2015, President Obama issued Executive Order 13694, which effectively establishes a new sanctions regime designed to combat cyber-attack threats. Specifically, this Executive Order grants authority to the Secretary of the Treasury, in consultation with the Attorney General and the...

 

HTMLPhone (Your Out-of-State) Home: Mississippi Court Declares Discriminatory Dividend Exclusion Statute is Unconstitutional
Charles C. Capouet, Timothy A. Gustafson; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
April 6, 2015, previously published on April 2, 2015
The Mississippi Chancery Court held that the state’s dividend exclusion statute is unconstitutional because it violates the Commerce Clause of the U.S. Constitution. The statute excludes from a taxpayer’s gross income intercompany dividends received from domestic affiliates doing...

 

HTMLUpdate on Cybersecurity Issues - New York Section 308 Letter & NAIC Spring National Meeting
Ellen M. Dunn, Daniel E. Frank, Mark D. Herlach, John S. Pruitt, Stephen E. Roth; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
April 6, 2015, previously published on April 2, 2015
Cybersecurity continues to be an emerging regulatory issue in the insurance industry, as evidenced by recent actions taken by the New York Department of Financial Services (the “DFS”) and the National Association of Insurance Commissioners (the “NAIC”). Specifically, in a...

 

HTMLSecond Circuit Denies Rehearing of Insider Trading Cases Against Newman and Chiasson
Sutherland Asbill Brennan LLP;
Legal Alert/Article
April 6, 2015, previously published on April 3, 2015
Today, the Second Circuit Court of Appeals entered an order denying the U.S. Government’s petition for rehearing and, in the alternative, rehearing en banc of the insider trading cases against Newman and Chiasson. United States v. Newman, No. 13-1837 (2d Cir. Apr. 3, 2015), ECF No. 366. The...

 

HTMLIssuance of an Executive Order Related to Significant Malicious Cyber-Enabled Activities
Sutherland Asbill Brennan LLP;
Legal Alert/Article
April 6, 2015, previously published on April 2, 2015
Yesterday, April 1, the President signed an Executive Order, “Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities.” This authority allows for the imposition of sanctions on individuals and entities determined to be responsible for or...

 

HTMLNRECA Pleased with U.S. Fish and Wildlife Service’s Designation of Northern Long-Eared Bat as “Threatened”
Sutherland Asbill Brennan LLP;
Legal Alert/Article
April 6, 2015, previously published on April 3, 2015
The U.S. Fish and Wildlife Service classified the long-eared bat as “threatened” rather than “endangered” allowing electric co-ops to maintain power lines and rights-of-way in the species’ habitat. Had the FWS designated the bat as “endangered” co-ops would...

 


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