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HTMLU.S. Supreme Court Sends 4-R Act Case Back to Lower Court 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
March 6, 2015, previously published on March 5, 2015
A day after issuing its decision in Direct Marketing Ass’n v. Brohl, the U.S. Supreme Court decided Alabama Department of Revenue v. CSX Transportation, Inc. The Court held that a rail carrier can show discrimination under subsection (b)(4) (“catchall provision”) of the Railroad...

 

HTMLWork Product Protection Does Not Extend To Claims Investigator’s Report In Admiralty Case
Sutherland Asbill Brennan LLP;
Legal Alert/Article
March 6, 2015, previously published on March 5, 2015
Company A chartered a barge to Company B as a platform for A/C generation and refrigeration of fish products. In the summer of 2011, the President of Company A wrote to Company B requesting that it examine the barge for potential electrolysis given fears that the barge had developed a starboard...

 

HTMLAnthem’s Data Breach Affects Many Non-Anthem Plans: What Employers Need to Know Now
Brenna M. Clark, Adam B. Cohen, Brittany Edwards-Franklin, Andrea M. Gehman, Michael A. Hepburn; Sutherland Asbill Brennan LLP;
Legal Alert/Article
March 5, 2015, previously published on March 4, 2015
On February 4, 2015, Anthem Inc. (“Anthem”) disclosed that it had been a victim of a sophisticated cyber-attack that compromised the personal health plan data of up to 80 million customers of not only Anthem but also a much broader group of insurers and third-party administrators for...

 

HTMLNot in Our State: Indiana Rejects Federal Transfer Pricing Study to Justify Intercompany Pricing and Forced Combination
Timothy Gustafson, Jonathan Maddison; Sutherland Asbill Brennan LLP;
Legal Alert/Article
March 5, 2015, previously published on March 4, 2015
The Indiana Department of Revenue determined that forced combination of an Indiana taxpayer, its wholly owned disregarded entity and its out-of-state parent company was appropriate where the disregarded entity generated 92% of the federal consolidated group’s sales but only 0.14% of the...

 

HTMLFERC to Prepare Environmental Impact Statement for Alaska LNG Project
Sutherland Asbill Brennan LLP;
Legal Alert/Article
March 5, 2015, previously published on March 4, 2015
FERC has issued a notice of intent to prepare an environmental impact statement (EIS) for the proposed Alaska LNG Project export terminal near Nikiski, Alaska. FERC’s notice states that it understands “that affected stakeholders may include communities that depend on seasonal...

 

HTMLFloridian Natural Gas Storage Files for DOE LNG Export Authority
Sutherland Asbill Brennan LLP;
Legal Alert/Article
March 5, 2015, previously published on March 4, 2015
Floridian Natural Gas Storage Company (Floridian) has filed an application with the U.S. Department of Energy (DOE) to export LNG produced at Floridian’s proposed liquefaction and storage facility in Martin County, Fla.

 

HTMLDOE Now Requires U.S. Agent for Foreign Applicants and Holders of Gas Import and Export Authorizations
Sutherland Asbill Brennan LLP;
Legal Alert/Article
March 5, 2015, previously published on March 4, 2015
The Office of Fossil Energy of the U.S. Department of Energy (DOE) has issued a notice requiring both applicants and current holders of authorizations to import or export natural gas, including LNG, that neither reside in nor have a place of business or other corporate presence in the United...

 

HTMLMTC Inches Closer to Developing Its Transfer Pricing Program
Michele Borens, Jonathan A. Feldman, Todd A. Lard, Carley A. Roberts, Leah Robinson; Sutherland Asbill Brennan LLP;
Legal Alert/Article
March 5, 2015, previously published on March 4, 2015
The Arm’s Length Adjustment Service Advisory Group (ALAS) of the Multistate Tax Commission (MTC) continued its transfer pricing effort with a teleconference today to discuss its training and implementation program. This initiative has extended over a year, and the MTC is aiming for approval...

 

HTMLArizona Electric Power Cooperative Regional Haze Plan Approved by EPA
Sutherland Asbill Brennan LLP;
Legal Alert/Article
March 5, 2015, previously published on March 4, 2015
Arizona Electric Power Cooperative (AEPCO) has become the first Arizona utility to settle out of court with the US Environmental Protection agency (EPA) regarding EPA’s regional haze rules. AEPCO presented an alternative plan than the one initially required by EPA’s original rule, and...

 

HTMLMagnolia LNG Receives Coast Guard Waterway Suitability Approval
Sutherland Asbill Brennan LLP;
Legal Alert/Article
March 4, 2015, previously published on March 3, 2015
The U.S. Coast Guard has issued a Letter of Recommendation to FERC recommending that the Calcasieu River Ship Channel, through which Magnolia LNG proposes to transport LNG from its proposed LNG export terminal at Lake Charles, La., be considered suitable for LNG marine traffic as it relates to...

 


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