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HTMLShedding Light on CFIUS: Appeals Court Holds That CFIUS Review Lacks Constitutional Due Process
Mark L. Jensen, J. Scott Maberry, Robert L. Magielnicki, Thaddeus Rogers McBride, Brian D. Weimer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 24, 2014, previously published on July 18, 2014
In a stunning ruling issued on July 15, 2014, the U.S. Court of Appeals for the D.C. Circuit held that review by the Committee on Foreign Investment in the United States (“CFIUS”) and the subsequent unwinding of the investment deprived the foreign investor of due process under the 5th...

 

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...

 

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...

 

HTMLCollecting Charge-Offs: A Valuable Source of Revenue (Part Two of Three-Part Series)
Robin Frazer, Elizabeth Lee Thompson; Stites & Harbison, PLLC;
Legal Alert/Article
July 24, 2014, previously published on July 21, 2014
In this three-part series, Stites & Harbison (“S&H”) is examining the opportunities banks have to recover the large amount of loans that were charged off in the Great Recession. Last week, the first part of the series described the scope of outstanding charged-off loans, the roughly...

 

HTMLGroundbreaking Cross-border Airport Terminal Linking Tijuana to San Diego Breaks Ground
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
July 24, 2014, previously published on July 18, 2014
Sheppard Mullin client, Otay Tijuana Venture, announced this week that a cross-border pedestrian bridge linking San Diego with Tijuana’s A.L. Rodríguez International airport will be set to open next year. The project, which began in 2008 when Otay Tijuana Venture purchased the land in...

 

HTMLCircuits Split Over Legality of IRS Rule Mandating Tax Credits for Individuals Covered Through Federal Exchanges under the Affordable Care Act
Robert P. Charrow, Danielle F. White; Greenberg Traurig, LLP;
Legal Alert/Article
July 24, 2014, previously published on July 22, 2014
Today, the U.S. Court of Appeals for the D.C. Circuit, in a 2-to-1 decision, written by Judge Griffith, overturned Internal Revenue Service (IRS) regulations issued under the Affordable Care Act (ACA) requiring tax credits be made available to otherwise eligible individuals who purchase health...

 

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.

 

HTMLIn re: Kellogg Brown & Root, Inc., et al.: D.C. Circuit Grants Petition for Mandamus and Protects Attorney-Client Privilege of Internal Investigation in False Claims Act Case
J. Andrew Jackson, Lindsey Lonergan, Rebekah N. Plowman, Stephen G. Sozio; Jones Day;
Legal Alert/Article
July 24, 2014, previously published on July 2014
In March 2014, we issued an Alert summarizing a decision issued by the U.S. District Court for the District of Columbia in United States ex rel. Barko v. Halliburton Co., et al. The District Court granted a relator's motion to compel and ordered defendants to produce documents reflecting the...

 

Adobe PDFThe Sky is Really Falling
James M. Kane; Chamberlain, Hrdlicka, White, Williams & Aughtry;
Legal Alert/Article
July 24, 2014, previously published on July 9, 2014
The advent of the early 2013 Congressional $5.0 million estate exemption also gave us a vastly more complicated income tax system that will apply to a large number of estates.

 

HTMLRecent Decision in Lance Armstrong False Claims Act Case Raises New Timeliness Arguments
Peter F. Garvin, Meghan E. Greenfield, J. Andrew Jackson, Grant H. Willis, Alexander M. Yabroff; Jones Day;
Legal Alert/Article
July 24, 2014, previously published on July 2014
For several years now, litigants have wrestled with three questions: (i) does the Wartime Suspension of Limitations Act ("WLSA") apply to civil False Claims Act ("FCA") actions, (ii) do the 2009 Fraud Enforcement and Recovery Act ("FERA") amendments to the FCA apply to...

 


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