Sutherland Asbill & Brennan LLP

999 Peachtree Street NE Suite 2300
Atlanta, GA 30309, United States

  • 404.853.8000
  • 404.853.8806

Sutherland Files Amicus Brief for the Maryland Chamber in Wynne

The Maryland Chamber of Commerce (the Maryland Chamber) has entered the battle against Maryland’s unconstitutional personal income tax regime. Filing as amicus curiae before the U.S. Supreme Court in Maryland State Comptroller…more
| Civil Procedure, Constitutional Law, Taxation

S.D.N.Y. Judge Permits Novel Theory And Allows SEC To Use Unpaid Taxes As Measure Of Disgorgement In Securities Fraud Case

In a case against Dallas billionaires Sam Wyly and the estate of his late brother, Charles, Judge Shira Scheindlin of the U.S. District Court for the Southern District of New York agreed with the U.S. Securities and Exchange…more
| Civil Remedies, Business Torts, Securities Law, Taxation, Wills, Trusts, & Estate Planning

Legal Alert: The Tax Court Approves the Use of Predictive Coding

On September 17, the U.S. Tax Court, in Dynamo Holdings LP v. Commissioner, 143 T.C. No. 9 (Sept. 17, 2014), held that a taxpayer could use predictive coding, over the objection of the Internal Revenue Service (IRS), to identify…more
| Civil Procedure, Commercial Law & Contracts, Electronic Discovery, Taxation

Legal Alert: IRS Reaches a Split Decision on Rollover Allocation Rules

On September 18, the Internal Revenue Service (IRS) issued Notice 2014-54, which clarifies that, subject to some limitations, a single distribution of pre-tax and after-tax amounts from a qualified retirement plan, a 403(b)…more
| Insurance, Taxation

Legal Alert: New York Tax Appeals Tribunal Reverses “Distorted” Knowledge Learning Decision and Provides Guidance for Proving Substantial Intercorporate Transactions

On September 18, 2014, the New York State Tax Appeals Tribunal (Tribunal) decided its first combination case addressing the 2007 changes to New York’s combined reporting regime: Matter of Knowledge Learning Corporation and…more
| Business Organizations, Education, Taxation, Nonprofit Law

Legal Alert: Largest SEC Whistleblower Award Could Have Been Larger

On September 22, 2014, the U.S. Securities and Exchange Commission announced the largest-ever whistleblower award, more than double last year’s record-breaking award. According to the Order, the award, which will likely exceed…more
| Civil Rights, Labor & Employment Law, Securities Law

Legal Alert: Final Rules on Compensation Deduction Limit for Health Insurers

The Internal Revenue Service (IRS) and the Department of Treasury (Treasury) have issued final regulations under section 162(m)(6) of the Internal Revenue Code of 1986, as amended (Code), which limit the deduction certain health…more
| Labor & Employment Law, Finance & Banking, Health, Taxation

Legal Alert: New PPACA-related “Family Status” Changes for Cafeteria Plans

The Internal Revenue Service has issued Notice 2014-55 to permit new health plan elections in two situations where they were not previously allowed…more
| Labor & Employment Law, Health, Taxation

Regulators Publish Re-proposed Margin Requirements for Uncleared Swaps

On September 3, 2014, the Board of Governors of the Federal Reserve System (the Board) jointly adopted, with certain federal banking regulators, re-proposed rules that will require registered swap dealers, security-based swap…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Final Deadline Imminent for Enrolling in Delaware VDA Program

The enrollment period for the Delaware Secretary of State’s Voluntary Disclosure Agreement Program (the Delaware VDA Program) for unclaimed property reporting closes next week on September 30, 2014. Delaware has previously…more
| Administrative Law, Commercial Law & Contracts, Wills, Trusts, & Estate Planning

TCPA Hot Issues - TCPA Restricts Autodialed Calls, but Courts Split on Meaning of Autodialer

To autodial or not autodial, that is the question. The Telephone Consumer Protection Act (TCPA) defines autodialer as “equipment which has the capacity to store or produce telephone numbers to be called, using a random or…more
| Civil Procedure, Communications & Media Law, Consumer Protection

Legal Alert: CFPB Proposes to Examine and Directly Supervise Nonbank Auto Lenders

On September 17, the Consumer Financial Protection Bureau (CFPB) proposed to make nonbank automobile lenders subject to the examination and direct supervision of the Bureau. The proposed rule can be found here. Under the…more
| Finance & Banking, Consumer Protection

Now You See It, Now You Don’t: MTC Election Disappears in Michigan?

On September 11, 2014, Michigan Governor Rick Snyder signed S.B. 156, which purports to repeal the state’s adoption of the Multistate Tax Compact (the Compact) retroactive to January 1, 2008. Mich. Pub. Acts 2014, No. 282 (S.B…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Constitutional Law, Taxation

What Financial Advisers and Accountants Should Know About Expanded IRS Streamlined Filing Compliance Procedures for U.S. Taxpayers with Unreported Foreign Assets and Accounts

The Internal Revenue Service (IRS) recently announced “major changes” to its offshore compliance programs, including the Streamlined Filing Compliance Procedures (Streamlined Procedures), the delinquent international information…more
| Finance & Banking, International Law & Trade, Taxation

Legal Alert: Crowley Marine Subsidiary Carib Energy Receives Authorization to Export LNG to Non-FTA Nations

Today, the U.S. Department of Energy (DOE) issued a final order authorizing Carib Energy (USA) LLC (Carib), a wholly-owned subsidiary of Crowley Marine, to export up to 400,000 gallons of LNG per day in ISO containers over a…more
| Energy & Utilities, International Law & Trade
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