Sutherland Asbill & Brennan LLP

Omnicare Opinion Expands Liability for Expressions of Opinion Under Section 11

The Supreme Court, in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, 575 U.S. ___ (March 24, 2015), expanded the scope of liability for expressions of opinions under Section 11 of the Securities…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Business Torts, Securities Law

2014 in Review: ERISA Civil and Criminal Enforcement Activity by DOL Is Trending Upward

The Fact Sheet recently published by the U.S. Department of Labor (DOL) documenting Fiscal Year 2014 civil and criminal enforcement activity under the Employee Retirement Income Security Act of 1974, as amended (ERISA) showed a…more
| Criminal Law, Labor & Employment Law, Finance & Banking, Business Torts

Proposed Changes to Proposition 65: What It Means for Texas Businesses

If you’ve been to California recently, you likely returned with a heightened awareness of the dangers present in the products you consume and use on a daily basis. That is because in California, Proposition 65 requires…more
| Elections & Politics, Environmental Law, Consumer Protection, Products Liability

Executive Order Mandates Clean Energy Consumption at Federal Buildings

Yesterday, President Obama released an Executive Order entitled “Planning for Federal Sustainability in the Next Decade.” In short, the order mandates that heads of agency take action to promote energy conservation and…more
| Construction Law, Energy & Utilities, Environmental Law, Science, Computers, & Technology, Government Contracting

New Source Review Update: Courts Limit Aggregation for Major Source Determination and Challenges to NSR Pre-Project Emissions Analysis

Pennsylvania Court Limits NSR Permit Aggregation - In February, the Middle District of Pennsylvania struck down an environmental group’s challenge that Ultra Resources should have aggregated eight compressor stations into…more
| Civil Procedure, Constitutional Law, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

D.C. District Court Denies Utility’s Intervention Because of Timing

On March 17, 2015, the D.C. District Court denied the Public Service Company of New Hampshire’s (PSNH’s) motion to intervene in a Sierra Club-initiated proceeding urging the U.S. EPA to object to a Title V permit for one of…more
| Administrative Law, Civil Procedure, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

DOL Provides More Timing Flexibility for Annual Participant Investment Disclosures

As promised, on March 19, 2015, the U.S. Department of Labor (DOL) published guidance that would provide more flexibility in the timing of the annual plan and investment disclosures for participant-directed defined contribution…more
| Labor & Employment Law, Finance & Banking

Are You Continuing Construction? IRS Issues Fourth Renewable Energy Tax Credit Beginning of Construction Notice

On March 11, 2015, the Internal Revenue Service (IRS) issued Notice 2015-25, which provides further guidance to assist renewable energy facility developers and investors in evaluating whether such facilities satisfied the…more
| Construction Law, Energy & Utilities, Environmental Law, Finance & Banking, Taxation

NAIC Amps Up Cybersecurity Oversight

The NAIC has begun its efforts to amp up state insurance department oversight of cybersecurity practices with the release of two documents for public comment. The first, entitled Principles for Effective Cybersecurity Insurance…more
| Administrative Law, Commercial Law & Contracts, Privacy, Insurance, Science, Computers, & Technology

IRS Issues Preliminary Section 529A ABLE Plan Guidance

On March 10, 2015, the Internal Revenue Service released Notice 2015-18, which provides advance notification of a provision that is expected to be included in final regulations to be issued under section 529A of the Internal…more
| Finance & Banking, Taxation

Power Surge: TCPA Litigation and the Energy Industry

Few industries have been spared from the recent wave of class actions filed under the Telephone Consumer Protection Act (“TCPA”). The energy sector is no exception…more
| Civil Procedure, Communications & Media Law, Energy & Utilities, Consumer Protection

Amicalola EMC Prevails in Dispute over Chattahoochee Technical College

After a decision in favor of Amicalola EMC under the large-load (900kW) exception of the Georgia Territorial Act, Georgia Power Company has agreed to relinquish the disputed building to Amicalola EMC to serve…more
| Administrative Law, Civil Procedure, Energy & Utilities, Government Contracting

Challenge to Delaware Unclaimed Property Estimation Methods Allowed to Proceed

A lawsuit challenging the unclaimed property estimation methodology used by the State of Delaware and its auditor Kelmar Associates will proceed, according to a ruling issued by a Delaware federal district court on March 11. In…more
| Business Organizations, Civil Procedure, Conflict of Laws, Constitutional Law

Sawnee EMC Prevails in Bid Protest to Serve New Gwinnett Technical College Building

Sawnee EMC has prevailed in a bid protest to serve a new education building at Gwinnett Technical College. After Sawnee EMC protested Georgia Power’s offer of ½ cent per kWh—and the state’s acceptance of that offer—Georgia Power…more
| Administrative Law, Civil Procedure, Government Contracting

“Use It or Lose It”: Service Mark Registration Canceled When Application Supported Only by Advertising

On March 2, 2015, the U.S. Court of Appeals for the Federal Circuit issued its first-ever ruling addressing use requirements for registering service marks. The court held that offering a service, without the actual rendering of…more
| Civil Procedure, Communications & Media Law, Intellectual Property
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999 Peachtree Street NE Suite 2300
Atlanta, GA 30309, United States

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