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HTMLISDA Section 2(a)(iii) Amendment Limits Prerogatives of Non-Defaulting Parties
James M. Cain, Daphne G. Frydman, David T. McIndoe, Mark D. Sherrill, R. Michael Sweeney; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 24, 2014, previously published on July 22, 2014
On June 19, the International Swaps and Derivatives Association (ISDA) published a long-awaited standard amendment to Section 2(a)(iii) of the ISDA Master Agreement (the Master Agreement). Section 2(a)(iii) of the Master Agreement (Section 2(a)(iii)) is a condition precedent that suspends a...

 

HTMLCorpus Christi and EDF Sign 20-Year SPA
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 24, 2014, previously published on July 18, 2014
Cheniere Energy, Inc. announced in a news release that its subsidiary, Corpus Christi Liquefaction, LLC, entered into a liquefied natural gas (“LNG”) sale and purchase agreement (“SPA”) with Électricité de France, S.A. (“EDF”). Under the SPA, EDF...

 

HTMLThird Circuit Finds MSHA Jurisdiction Governs Pennsylvania Coal Preparation Facility
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 24, 2014, previously published on July 18, 2014
The new owner of a Pennsylvania custom coal preparation facility that the Federal Mine Safety and Health Administration (MSHA) regulated since 1977 challenged whether MSHA properly had jurisdiction over the plant, and instead contended that it should be regulated by OSHA. The Federal Mine Safety...

 

HTMLWyoming DOR Publishes Guidance Addressing the Sales Tax Treatment of Cloud Computing Services
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 24, 2014, previously published on July 21, 2014
The Wyoming Department of Revenue has published guidance addressing the sales tax treatment of a broad range of computer sales and services, including cloud computing, web hosting, and data storage.

 

HTMLD.C. Circuit Court’s Surprising Ruling on Chinese CFIUS Case May Result in Greater Transparency in Certain National Security Proceedings
Jeffrey P. Bialos, Amanda R. Callais, Mark D. Herlach; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 24, 2014, previously published on July 21, 2014
On July 15, the United States Court of Appeals for the District of Columbia Circuit ruled that the President violated the due process rights of Ralls Corporation, a U.S. company owned by two Chinese nationals when, pursuant to Section 721 of the U.S. Defense Production Act...

 

HTMLConcerns Raised Over EPA Proposal for Upgraded Pollution Controls at Utah Coal Power Plant
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 24, 2014, previously published on July 18, 2014
The U.S. Environmental Protection Agency (EPA) is considering a requirement that Deseret Power Electric Cooperative install upgraded pollution controls at its Bonanza Power Plant in Utah. A group of residents, businesses and community groups have raised concerns that the plant may be shut down if...

 

HTMLClatsop County Commission to Reconsider Oregon LNG Pipeline Decision
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 24, 2014, previously published on July 21, 2014
The Daily Astorian reports that Clatsop County commissioners have decided to reconsider a prior decision denying a land use permit for a pipeline to supply the proposed Oregon LNG terminal. A recent ruling by the Oregon Land Use Board of Appeals found bias in the earlier decision denying the...

 

HTMLFERC Issues Schedule For Environmental Review
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 24, 2014, previously published on July 8, 2014
FERC issued a Notice of Schedule for Environmental Review for the Jordan Cove Liquefaction and Pacific Connector Pipeline Projects. The planned schedule set February 27, 2015, as the date for the issuance of notice of availability of the final Environmental Impact Statement (“EIS”) and...

 

HTMLConjunction Junction: Michigan Supreme Court Holds "And" Means "And" for Use Tax Exemption
Nicole D. Boutros, Timothy Gustafson, Timothy A. Gustafson; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 24, 2014, previously published on July 21, 2014
The Michigan Supreme Court held that a taxpayer claiming a Michigan use tax exemption for sales tax “due and paid” on its purchases of tangible personal property must demonstrate that it actually paid sales tax on such property. The taxpayer provided a marine transportation service to...

 

HTMLWorld Bank to Help Finance World’s First Floating Liquefaction Plant
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 24, 2014, previously published on July 17, 2014
Bloomberg News reports that the International Finance Corp. (IFC), a member of the World Bank Group focused exclusively on the private sector, will help finance a $300 million project to develop the world’s first floating LNG liquefaction plant, which will be located in Colombia. The project...

 


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