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HTMLOff With Your Head(quarters)? Oklahoma's Headquarters Deduction Survives Constitutional Challenge
Timothy A. Gustafson, Kathryn E. Pittman; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 5, 2014, previously published on April 29, 2014
The Oklahoma Supreme Court held Oklahoma’s deduction for capital gains arising from the sale of a company headquartered in the state for three or more years does not violate the dormant commerce clause of the U.S. Constitution. The taxpayer, a California company with its headquarters in...

 

HTMLEnvironment Canada Issues Hydrofluorocarbon Reporting Requirement
Dentons Canada LLP;
Legal Alert/Article
May 2, 2014, previously published on April 29, 2014
On April 7, 2014, the Minister of the Environment issued a Notice with respect to hydrofluorocarbons (the “Notice”), pursuant to the Canadian Environmental Protection Act, 1999. The Notice imposes reporting requirements on those who imported, exported, or manufactured certain...

 

HTMLOSHA Comments on Distracted Driving Initiative
John D. Surma; Adams and Reese LLP;
Legal Alert/Article
April 29, 2014, previously published on April 21, 2014
In OSHA’s April 15, 2014, issue of “Quick Takes,” its bi-monthly newsletter, the agency commented on the US Department of Transportation’s national campaign to stop texting while driving and other forms of distracted driving. OSHA took the opportunity to remind employers of...

 

HTMLPennDOT Shortlists Four Teams for its Rapid Bridge Replacement P3 Project
Babst Calland;
Legal Alert/Article
April 28, 2014, previously published on April 16, 2014
The Pennsylvania Department of Transportation (“PennDOT”) has announced that based upon responses to PennDOT’s request for qualifications for its Rapid Bridge Replacement Project, a public-private partnership involving the construction of more than 500 bridges, it will invite four...

 

HTMLThe Fifth Circuit Holds that a Shipyard Repair Supervisor is a Jones Act Seaman
William C. Baldwin; Jones Walker LLP;
Legal Alert/Article
April 23, 2014, previously published on April 17, 2014
In Naquin v. Elevating Boats, L.L.C. , -- F.3d --, 2014 WL 917053 (5th Cir. Mar. 10, 2014), the United States Fifth Circuit Court of Appeals affirmed a jury's finding that a vessel repair supervisor at a shipyard facility was a Jones Act seaman. This case may mark an expansion of the spectrum of...

 

HTMLUtilities Feel Effects of Rail Disruptions
Sutherland Asbill Brennan LLP;
Legal Alert/Article
April 17, 2014, previously published on April 14, 2014
On April 10, representatives for companies that rely on rail shipments appeared at a Surface Transportation Board (STB) hearing to highlight the problems that recent rail shipment disruptions have caused in their industries and to ask STB to take steps to reduce these disruptions.

 

HTMLPivotal LNG Requests FERC Ruling on LNG Terminal Definition and LNG Transportation Jurisdiction
Sutherland Asbill Brennan LLP;
Legal Alert/Article
April 17, 2014, previously published on April 14, 2014
Pivotal LNG has filed a petition for declaratory order with FERC seeking a ruling that existing LNG production facilities not otherwise subject to FERC’s jurisdiction under Section 3 of the Natural Gas Act would not be deemed “LNG terminal[s]” subject to Section 3 jurisdiction by...

 

Adobe PDFHighway 407 Toll Indebtedness: The Benefits of Being Discharged from Bankruptcy
Mat Goldstein, Jeremy Nemers; Aird Berlis LLP;
Legal Alert/Article
April 16, 2014, previously published on April 9, 2014
On December 19, 2013, the Ontario Court of Appeal held that the Registrar of Motor Vehicles (the “RMV”) cannot deny vehicle permits to individuals on account of pre-bankruptcy debts owing to the ETR Concession Company Limited (the “ETR”). Based on the intent and purpose of...

 

HTMLMaryland District Court Applies Lex Loci Contractus and lex loci delicti to Breach of Contract and Tort Dispute to Issue Favorable Judgment for Defendant-Corporation
Jhanelle A. Graham; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
April 2, 2014, previously published on March 2014
In Publish America, LLP v. Stern, the United States District Court for the District of Maryland was asked to rule on the defendants’ motion for partial summary judgment and the plaintiffs’ cross motion for summary judgment in a breach of contract and tort action. Plaintiffs MEE Direct,...

 

Adobe PDFThe New York State Commercial Goods Transportation Industry Fair Play Act
Andrew J. Turro; Meyer, Suozzi, English & Klein, P.C.;
Legal Alert/Article
March 25, 2014, previously published on March 24, 2014
On March 17, 2014, Governor Cuomo signed a bill that made “technical corrections” to the New York State Commercial Goods Transportation Industry Fair Play Act (the “Fair Play Act”). The Fair Play Act, which will go into effect on April 10, 2014, limits the scope and number...

 


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