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HTMLMultistate Tax Commission Enacts Significant Amendments to Its Compact
Michele Borens, Jonathan A. Feldman, Jeffrey A. Friedman, Todd A. Lard, Carley A. Roberts; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
August 8, 2014, previously published on July 31, 2014
On July 30, the Multistate Tax Commission (MTC) approved amendments to the Multistate Tax Compact’s (1) definition of nonbusiness income, (2) definition of “sales,” (3) factor-weighting, (4) alternative apportionment, and (5) sourcing of service and intangible revenue. With the...

 

HTMLEPA Requests FERC to Reexamine Environmental Justice and Other Issues for Freeport LNG Export Project
Sutherland Asbill Brennan LLP;
Legal Alert/Article
August 8, 2014, previously published on August 5, 2014
The U.S. Environmental Protection Agency (EPA) Region 6 Office in Dallas, Texas, filed comments on FERC’s Final Environmental Impact Statement (FEIS) for the proposed Freeport LNG export terminal near the Town of Quintana, Texas. EPA states that it “continues to have environmental...

 

HTMLSecond Circuit Finds State Insurance Laws Prohibiting Insurer From Seeking Reimbursement For Medical Benefits Paid In Tort Settlements Not Preempted By ERISA
Sutherland Asbill Brennan LLP;
Legal Alert/Article
August 8, 2014, previously published on August 4, 2014
The Second Circuit held that ERISA does not preempt claims against defendant-insurers under a New York state law prohibiting insurers from seeking reimbursement of medical benefits paid in tort settlements. The opinion reversed the district court’s ruling and resulted in the revival of a New...

 

HTMLFERC Considers Approving New CIP Standards
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 31, 2014, previously published on July 29, 2014
The Federal Energy Regulatory Commission (FERC) is considering approval of new Critical Infrastructure Protection (CIP) standards drafted by the North American Electric Reliability Corporation (NERC) under a FERC order. Meanwhile, FERC is also suggesting that NERC revise the standards to...

 

HTMLEighth Circuit Emphasizes 60-Day Period To Seek Judicial Review Of OSHA Citations Is Strict Deadline
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 31, 2014, previously published on July 29, 2014
The Occupational Safety and Health Act permits an employer to challenge a citation issued by the Secretary of Labor before the Occupational Safety and Health Review Commission. When this is done, the Review Commission appoints an ALJ to hear the grievance and issue a decision. That ALJ decision...

 

HTMLQuicksilver Resources Canada Files for LNG Export Authority
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 31, 2014, previously published on July 29, 2014
Quicksilver Resources Canada Inc. (Quicksilver) filed an application with the Canadian National Energy Board to export 20 million tonnes per annum (mtpa) (960 Bcf/year) of LNG over 25 years from the proposed Discovery LNG Project located just north of the City of Campbell River, British Columbia. ...

 

HTMLB.C. Oil and Gas Commission Updates LNG Facility Regulations
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 31, 2014, previously published on July 29, 2014
The British Columbia Oil and Gas Commission announced that it has enacted the new Liquefied Natural Gas Facility Regulation (LNGFR) under the authority of Section 111(2) of the Oil and Gas Activities Act. The announcement states that the LNGFR updates current regulations and is “designed to...

 

HTMLSEC Approves Rule Preventing Barters for Expungement Cooperation - What You Can Do to Ensure Compliance
Peter J. Anderson, Eric A. Arnold, Keith J. Barnett, Bruce M. Bettigole, Patricia A. Gorham; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 30, 2014, previously published on July 25, 2014
On July 22, the U.S. Securities and Exchange Commission (SEC) approved the Financial Industry Regulatory Authority’s (FINRA) proposed Rule 2081, which prevents firms or associated persons from conditioning settlement or otherwise paying customers for their cooperation in the complaint...

 

HTMLCongress Scrutinizes Hedge Funds’ Use of Financial Derivatives
Bruce M. Bettigole, Thomas A. Cullinan, Yasho Lahiri, William R. Pauls, W. Scott Sorrels; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 30, 2014, previously published on July 25, 2014
This week the Senate Permanent Subcommittee on Investigations, Committee on Homeland Security and Governmental Affairs (Subcommittee), in conjunction with the Subcommittee’s hearing on July 22, 2014, released a report on hedge funds’ use of financial derivatives considered abusive. In...

 

HTMLCircuit Court Split Casts Doubt on PPACA Subsidies for Individuals and Employer Penalties in 36 States
Brenna M. Clark, Adam B. Cohen, Andrea M. Gehman, Michael A. Hepburn, Paul R. Lang; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 30, 2014, previously published on July 24, 2014
Two federal appeals courts issued conflicting rulings on July 22 on whether individual premium subsidies under the Patient Protection and Affordable Care Act (PPACA) are available in 36 states that have federally run insurance exchanges. Because employer penalties can be triggered when employees...

 


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