Sutherland Asbill & Brennan LLP

Louisiana DOR Proposed Unique - and Troubling - Addback Regulation

The Louisiana Department of Revenue proposed a new regulation expansively interpreting Louisiana’s recently enacted related party expense addback statute. La. Reg. vol. 42, no. 10, pg. 1767 (Oct. 20, 2016) (the Proposed…more
| Business Organizations, Taxation

NAIC Life Actuarial (A) Task Force Approves Revisions to Actuarial Guideline 49 for Exposure and Comment

On October 20, the NAIC Life Actuarial (A) Task Force (LATF) of the Life Insurance and Annuities (A) Committee met and approved proposed revisions to Actuarial Guideline 49 (AG 49) for exposure and comment. If adopted, the…more
| Insurance

FERC Proposes Changes to Interstate Oil Pipeline Index Ratemaking and Cost and Revenue Reporting

The Federal Energy Regulatory Commission (FERC) has issued an Advance Notice of Proposed Rulemaking (ANOPR). This ANOPR is seeking comments on potential changes to FERC’s policies for evaluating interstate oil pipeline indexed…more
| Energy & Utilities

Sutherland SALT Scoreboard - Q3 2016

This is the third edition of the Sutherland SALT Scoreboard. Each quarter, we tally the results of what we deem to be significant taxpayer wins and losses and analyze those results. This issue of the Sutherland SALT Scoreboard…more
| Business Organizations, Communications & Media Law, Taxation

Incentive Compensation for Employees: Instead of Increasing Banks' Bottom Lines, These Arrangements May Increase the Risk of Fines

The New York State Department of Financial Services (DFS) recently issued guidance to regulated banking institutions (Institutions) prohibiting them from implementing incentive-based compensation programs unless these programs…more
| Business Organizations, Finance & Banking, Labor & Employment Law

IRS Provides Guidance on Reasonable Mortality Charges for Life Insurance Contracts Based on 2017 CSO Tables

On October 19, the Internal Revenue Service (IRS) issued an advance version of Notice 2016-63, addressing the “reasonable mortality charge” requirement under IRC §§ 7702 and 7702A for life insurance contracts based on the 2017…more
| Insurance, Taxation

FINRA, SEC Renew Focus on Senior Investors in Immediate Aftermath of FINRA Submission of Proposed Rulemaking to SEC

Highlights from FINRA/SIFMA Senior Investor Conference - On October 22-23, members of the securities industry, academia, regulators, and public policy experts gathered in Washington, D.C., at the joint Financial Industry…more
| Finance & Banking, Securities Law

A Subtle Snare of the Justice Against Sponsors of Terrorism Act for Businesses Indirectly Supporting International Terrorism

While countless news outlets have reported the recent Congressional override of President Obama’s veto of the Justice Against Sponsors of Terrorism Act (JASTA), few have given much thought to the more nuanced consequences that…more
| Commercial Law & Contracts, Elections & Politics, International Law & Trade

Federal Court Orders EPA to Evaluate Job Losses from Air Regulations

On October 17, the U.S. District Court for the Northern District of West Virginia ruled in favor of Murray Energy Corporation (Murray) in its section 321 suit against the U.S. Environmental Protection Agency (EPA). The court…more
| Administrative Law, Civil Remedies, Energy & Utilities, Labor & Employment Law

CFPB Single-Director Structure Unconstitutional: CFPB Director Now Serves at President’s Will

A divided panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled October 11, 2016, that the current structure of the Consumer Financial Protection Bureau (CFPB) is unconstitutional. The court concluded…more
| Civil Procedure, Constitutional Law, Consumer Protection, Finance & Banking, Insurance

Reverse the Charges: Challengers Push Forward in Appeal of 2015 TCPA Order, Oral Argument Set for October 19

In July 2015, the Federal Communications Commission (FCC) issued a much-anticipated Declaratory Ruling and Order aimed at clarifying certain aspects of the Telephone Consumer Protection Act (TCPA). As previously reported, more…more
| Communications & Media Law, Consumer Protection

When Outside Compliance Monitors May Be a Blessing: Companies Subjected to Corporate Integrity Agreements May Be Undone by Rogue Employees

Companies face ever-increasing pressures to implement mechanisms designed to prevent or effectively address employee malfeasance. In today’s environment, even companies who appear to be cooperating with investigative and…more
| Government Contracting, Health

Unclaimed Property Disputes Over State Priority Take Center Stage, Head to U.S. Supreme Court and the Third Circuit

Disputes over the unclaimed property priority rules continue to intensify. The U.S. Supreme Court accepted review of a clash involving more than 20 states regarding the right to take custody of official checks…more
| Civil Procedure, Commercial Law & Contracts, Constitutional Law, Finance & Banking

Going Au Naturel: New York Federal Judge’s Recent Decision Represents the Increasing Class Action Litigation Risks of “Natural” Product Labels

In today’s competitive food and beverage industry, product labeling plays a significant role in marketing. Labels touting a product’s “natural” ingredients or health benefits allow manufacturers to charge a premium for their…more
| Civil Procedure, Communications & Media Law

STOLI Scheme Saved By Expiration of Contestability Clause

On September 22, the Florida Supreme Court in Wells Fargo Bank NA v. Pruco Life Insurance Co., No. SC15-382 (Fla. Sept. 22, 2016) denied Pruco Life Insurance Company’s challenge to the validity of an insurance policy purchased…more
| Insurance
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999 Peachtree Street NE
Suite 2300
Atlanta, GA 30309, United States

  • 404.853.8000
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Areas of Practice
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Number of Attorneys

400+ Attorneys

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