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HTMLTexas Court of Appeals Upholds Cost of Goods Sold Deduction for Seismic Data Gatherer
Elizabeth S. Cha, W. Scott Wright; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
March 29, 2016, previously published on March 28, 2016
The Texas Court of Appeals held that a seismic data gathering company was entitled to a cost of goods sold (COGS) deduction for costs of labor and materials incurred to acquire and process seismic data for its clients.

 

HTMLFERC Releases EIS for Golden Pass LNG Export Terminal
Sutherland Asbill Brennan LLP;
Legal Alert/Article
March 28, 2016, previously published on March 25, 2016
FERC has released its environmental impact statement (EIS) for the proposed Golden Pass LNG liquefaction and export terminal on the Sabine-Neches Waterway in Jefferson County, Texas, and the interconnected pipeline. The EIS concludes that construction of the project would result in some adverse...

 

HTMLSEC Issues Order To Solicit Comments On FINRA Capital Acquisition Broker Proposal And Determine Whether To Approve Or Disapprove The Proposal
Sutherland Asbill Brennan LLP;
Legal Alert/Article
March 28, 2016, previously published on March 25, 2016
At the end of last year, the SEC issued a notice of a proposed FINRA rule change that would establish a separate rule set for broker-dealers that meet the definition of a “capital acquisition broker” and elect to be governed under such rule set. Last week, the SEC issued an order in...

 

HTMLIranians Hackers Targeted Control of New York Dam
Sutherland Asbill Brennan LLP;
Legal Alert/Article
March 28, 2016, previously published on March 25, 2016
The seven Iranian hackers that were indicted for conducting distributed denial of service attacks on banks also were charged with illegally accessing the supervisory control and data acquisition, or “SCADA,” system at a dam in New York State. This is reportedly the first time a breach...

 

HTMLPerspective: Attitudes Towards Autonomous Technology
Sutherland Asbill Brennan LLP;
Legal Alert/Article
March 28, 2016, previously published on March 25, 2016
Andrew Ng, a chief scientist at Baidu, a Beijing based web services company, has authored an article that suggests a more productive way of thinking about autonomous driving technology. He posits that we should avoid trying to make autonomous vehicles act like human driven cars, change our...

 

HTMLProposed FBAR Changes: One Step Forward, Two Steps Back
Sutherland Asbill Brennan LLP;
Legal Alert/Article
March 28, 2016, previously published on March 25, 2016
On March 10, 2016, the Financial Crimes Enforcement Network (“FinCEN”), a division of the U.S. Department of Treasury, proposed significant changes to the Report of Foreign Bank and Financial Accounts (“FBAR”) regulations. Under current law, a “U.S. person,”...

 

HTMLNew York Federal Court Dismisses Whole Foods Class Action
Andrew D. Appleby, Nicole D. Boutros; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
March 24, 2016, previously published on March 23, 2016
A federal court dismissed a class action lawsuit against Whole Foods, finding the consumers lacked standing because they could not demonstrate they purchased any of the mislabeled foods for which they claimed Whole Foods systemically overcharged. The consumers alleged that Whole Foods engaged in...

 

HTMLTyson Foods v. Bouaphakeo: “Representative” Evidence May Be Used in (Some) Class Actions
Thomas M. Byrne, Thomas W. Curvin, Matt Gatewood, Patricia A. Gorham, Phillip E. Stano; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
March 24, 2016, previously published on March 23, 2016
On March 22, 2016, the United States Supreme Court affirmed the certification of a class of Tyson Foods employees under Rule 23(b)(3) and a collective action under the Fair Labor Standards Act (FLSA). The Court held that representative evidence could be allowed to fill an evidentiary gap created by...

 

Adobe PDFQuill Part Deux: North Dakota Lost the Nexus Battle. Will South Dakota Win the War?
Michele Borens, Jonathan A. Feldman, Jeffrey A. Friedman, Todd A. Lard, Carley A. Roberts; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
March 24, 2016, previously published on March 24, 2016
On March 22nd, South Dakota Governor Daugaard signed into law Senate Bill 106 (S.B. 106), the passage of which may be the ultimate vehicle to challenge Quill1 at the U.S. Supreme Court. With landslide support in the South Dakota Senate and House of Representatives, S.B. 106 adopts an economic nexus...

 

HTMLThree Iowa Coops May Be Able to Recover Their Costs After All
Sutherland Asbill Brennan LLP;
Legal Alert/Article
March 24, 2016, previously published on March 23, 2016
An ice storm in April 2013 required three Iowa coops and a municipal utility to spend $19 million for repair and recovery work. The coops requested reimbursement for those expenses from the Federal Emergency Management Agent (FEMA), but their initial request was denied in the Fall of 2013. However,...

 


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