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HTMLCFTC Approves Exclusion for Utility Special Entities
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 25, 2014, previously published on September 19, 2014
The Commodity Futures Trading Commission (CFTC) approved a final rule this week to exclude certain swaps used in utility operations from one threshold used to identify swap dealers. The rule change will give counterparties additional flexibility to transact with utility special entities while...

 

HTMLAlaskan LNG Delegation Travels to Asian Nations
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 25, 2014, previously published on September 17, 2014
Alaska Dispatch News reports that Alaskan state officials and executives from BP, one of the sponsors of the Alaska LNG Project, recently traveled to Japan, China and South Korea to meet with utilities and others that may be involved in purchasing LNG supplies from the project. The report states...

 

HTMLCourt Denies Review of FERC Demand Response Rule
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 25, 2014, previously published on September 19, 2014
The United States Court of Appeals for the District of Columbia Circuit will not review en banc a three-judge panel ruling that rejected the Federal Energy Regulatory Commission’s rulemaking on demand response compensation. The panel had found that Order No. 745 violates the Federal Power...

 

HTMLMagnolia LNG Receives Coast Guard and PHMSA Approvals for LNG Export Terminal
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 25, 2014, previously published on September 22, 2014
Magnolia LNG announced today that the U.S. Coast Guard has issued a Letter of Recommendation approving the Waterway Suitability Assessment for Magnolia’s proposed LNG export terminal at Lake Charles, La., finding that the Calcasieu Channel waterway was suitable for the proposed LNG marine...

 

HTMLCalifornia Taxpayer Entitled to Attorney Fees after Successful Commerce Clause Challenge
Zachary T. Atkins, Prentiss Willson; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 25, 2014, previously published on September 22, 2014
A California Court of Appeal held that a taxpayer who brought a successful facial challenge against a state taxing scheme met all of the requirements for an award of attorney fees and that the trial court abused its discretion by failing to award the fees. The taxpayer, an individual, sought a...

 

HTMLThe “Very Near Future” is Now: Treasury and IRS Release Anti-Inversion Notice
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 25, 2014, previously published on September 23, 2014
After much anticipation, the Treasury Department and IRS released new “anti-inversion” guidance on September 22, in Notice 2014-52. The Notice announces forthcoming regulations that are targeted at reducing some of the perceived economic benefits of inverting. The forthcoming...

 

HTMLSenator Wyden Renews Push for Tax Extenders
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 25, 2014, previously published on September 18, 2014
The Congressional tax agenda for the end of 2014 is now clear: tax extenders and inversions. Even as inversions dominate the news, Senate Finance Committee Chairman Ron Wyden (D-Ore.) is continuing his push to pass legislation which extends expired tax provisions. On September 15, Senator Wyden...

 

HTMLTCPA Hot Issues - TCPA Restricts Autodialed Calls, but Courts Split on Meaning of Autodialer
Keith J. Barnett, Thomas M. Byrne, Ellen M. Dunn, Juan C. Garcia, Allegra J. Lawrence-Hardy; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 25, 2014, previously published on September 22, 2014
To autodial or not autodial, that is the question. The Telephone Consumer Protection Act (TCPA) defines autodialer as “equipment which has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator, and to dial such numbers.” 47 U.S.C....

 

HTMLLew: Inversion Guidance Coming “Very, Very Soon,” Rather than Just in the “Very Near Future”
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 25, 2014, previously published on September 19, 2014
Anti-inversion guidance from Treasury is now a near-certainty, but when they arrive and how they will operate remains a mystery. Treasury Secretary Jacob Lew used strong language to warn corporations against inverting in a September 17th interview with Bloomberg Television. “Any company...

 

HTMLCost to Decommission Kansas Nuclear Power Plant Could Hit $1 Billion
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 25, 2014, previously published on September 23, 2014
The Wolf Creek nuclear power plant, partially owned by Kansas Electric Power Cooperative, could cost as much as $1 billion to decommission, according to reports that must be provided to the Kansas Corporation Commission periodically. Costs will depend largely on the progress made by the federal...

 


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