Sutherland Asbill & Brennan LLP

New Standards for Shipping Crude Oil, Petroleum Products and Renewable Fuel by Rail

On Friday, May 1, the U.S. Department of Transportation (“DOT”) issued a final rule establishing new requirements for transporting flammable liquids in a continuous block of 20 or more tank cars or 35 or more tank cars loaded…more
| Administrative Law, Energy & Utilities, Transportation

SEC Whistleblower Is Second Compliance Officer to Receive Award

On April 22, 2015, the U.S. Securities and Exchange Commission (SEC) issued its second whistleblower award to an employee with internal audit or compliance responsibilities. The recipient of the award is a compliance…more
| Business Organizations, Civil Remedies, Labor & Employment Law, Securities Law

SEC Updates Guidance on Cybersecurity

Emphasizing the critical importance of cybersecurity to registered investment companies (RICs), including insurance separate accounts and business development companies, and to investment advisers, the SEC’s Division of…more
| Business Organizations, Commercial Law & Contracts, Privacy, Science, Computers, & Technology, Securities Law

Louisiana Court Rejects Imposition Of Franchise Tax Based On Ownership Of Partnership Interest

The Louisiana Court of Appeal reversed and remanded Bridges v. Polychim USA, Inc., No. 581,759 (La. Jud. Dist. Ct. Jan. 2, 2014) (unpublished), a case in which the trial court held that an out-of-state corporation was subject to…more
| Business Organizations, Civil Procedure, Commercial Law & Contracts, Taxation

New York City Legislation Enacts General Corporation Tax Reform

On April 13, 2015, Governor Andrew Cuomo signed New York’s 2015-2016 budget legislation, which, among other changes, conforms the New York City general corporation tax (GCT) to the most significant changes from last year’s New…more
| Business Organizations, Commercial Law & Contracts, Constitutional Law, Finance & Banking, Taxation

Unclaimed Property Audit Primer for Broker-Dealers

Background - The same State Treasurers and contingency-fee unclaimed property auditors that focused on the life insurance industry are now turning their attention to broker-dealers. Sutherland has been actively assisting…more
| Administrative Law, Business Organizations, Finance & Banking, Securities Law

Eureka: California Controller Discovers New Source of Revenue from Insurers

The California Controller’s (Controller) latest squeeze on the life insurance industry involves: sending life insurers notices of assessment of interest on unclaimed property reported and voluntarily remitted in December 2014…more
| Commercial Law & Contracts, Insurance, Wills, Trusts, & Estate Planning

Treasury and the IRS Offer a New Take on the PFIC Active Insurance Exception

On April 23, Treasury and the IRS issued proposed regulations interpreting the active insurance exception under the passive foreign investment company (PFIC) rules. Although the release of the proposed regulations did not come…more
| Commercial Law & Contracts, Finance & Banking, Insurance, International Law & Trade, Taxation

NAIC Update – Spring 2015

The National Association of Insurance Commissioners (NAIC) held its first national meeting for 2015 in Phoenix, Arizona, from March 26 through March 31. Noteworthy new initiatives include cybersecurity, price optimization and…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Insurance, Science, Computers, & Technology

Wellness Programs Alive and Well?

The Equal Employment Opportunity Commission (EEOC) has issued proposed regulations under the Americans with Disabilities Act (ADA) regarding employer-provided wellness programs that were published in the Federal Register on…more
| Civil Rights, Labor & Employment Law, Privacy, Health

FERC Issues Policy Statement On Natural Gas Pipeline Modernization Cost Recovery

On April 16, 2015, FERC issued a Policy Statement in Cost Recovery Mechanisms for Modernization of Natural Gas Facilities, Docket No. PL15-1-000, 151 FERC ¶ 61,047 (2015). Effective October 1, 2015, the Policy Statement permits…more
| Administrative Law, Energy & Utilities, Environmental Law

FERC Issues Order No. 809 On Gas/Electric Coordination

On April 16, 2015, FERC issued a Final Rule in Coordination of the Scheduling Processes of Interstate Natural Gas Pipelines and Public Utilities, Order No. 809, Docket No. RM14-2-000, 151 FERC ¶ 61,049 (2015). Recent cold…more
| Energy & Utilities

DOL Reproposes Expanded ERISA Fiduciary Definition and Revised Complex of Exemptions

On April 14, 2015, after 43 months in development, the U.S. Department of Labor (DOL) released its reproposal to expand the “investment advice fiduciary” definition under the Employee Retirement Income Security Act of 1974, as…more
| Labor & Employment Law, Finance & Banking

IRS Warns Plan Sponsors About Hardship Withdrawal Documentation

In a recent Employee Plans Newsletter, the Internal Revenue Service (IRS) warned plan sponsors that they must obtain and keep documentation related to hardship withdrawals, particularly the documentation necessary to…more
| Labor & Employment Law, Finance & Banking, Taxation

IRS Releases Favorable Private Letter Ruling on “Taxable Annuity.”

On April 10, the Internal Revenue Service (IRS) released PLR 201515001 (Oct. 10, 2014), favorably addressing a “taxable annuity”—essentially, a deferred annuity contract supported, in part, by subaccounts, each of which invested…more
| Commercial Law & Contracts, Finance & Banking, Insurance, Taxation
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Contact

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

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