Sutherland Asbill & Brennan LLP

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

Reversing Course—Proposed Regulations Reverse IRS Ruling Position on Treatment of Income from CFCs and PFICs for RIC Qualification Purposes

On September 27, the Internal Revenue Service (IRS) and the Department of the Treasury (Treasury) issued proposed regulations (REG-123600-16) (the Proposed Regulations) under section 851 addressing the income test applicable to…more
| Business Organizations, Finance & Banking, Securities Law, Taxation

Webcast: Understanding and Defending State Consumer Protection Actions [Video]

Consumer protection or unfair and deceptive acts or practices statutes have been enacted in every state in an attempt to protect consumers from predatory, deceptive and unscrupulous business practices. While good intentioned,…more
| Business Organizations, Finance & Banking, Consumer Protection, Insurance

Heads I Win, Tails You Lose: TCPA Defendants Finding Success in Striking “Fail-Safe” Class Allegations

The 1964 cold war era movie, “Fail-Safe,” centered on the plight of a U.S. military jet pilot who received an errant instruction to drop a nuclear bomb on Moscow. Unlike the movie, where Henry Fonda, as the fictional…more
| Civil Procedure, Communications & Media Law

NY DFS Announces Proposal for Cybersecurity Rules for Financial Services Companies

On September 13, 2016, New York Governor Andrew Cuomo announced a proposal by the New York Department of Financial Services (the DFS) of a rule that establishes cybersecurity requirements for financial services companies…more
| Finance & Banking, Insurance, Privacy

SEC Adopts Changes to Form ADV and Books and Records Rules

On August 25, the Securities and Exchange Commission (the SEC) adopted amendments to Form ADV Part 1 that will require SEC-registered investment advisers to provide a significant amount of new information. The SEC adopted these…more
| Business Organizations, Finance & Banking, Securities Law

Lumber War May Be Imminent

Negotiations to keep the peace in the complex and long-running international trade dispute between the United States and Canada over U.S. imports of Canadian softwood lumber appear to have stalled. Parties on both sides of the…more
| Elections & Politics, International Law & Trade

Cruise Ships Miss the Boat on TCPA Compliance to the Tune of Up to $76 Million

With a trial looming like storm clouds on the horizon, several cruise ship companies and their affiliated travel agencies settled a “robocall” Telephone Consumer Protection Act (TCPA) class action up to $76 million. The…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Constitutional Law, Privacy

NAIC Report: 2016 Summer National Meeting

The National Association of Insurance Commissioners (NAIC) held its 2016 Summer National Meeting from August 26 through August 29 in San Diego, California. The meeting began with strong words from the NAIC President and…more
| Insurance, International Law & Trade
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999 Peachtree Street NE
Suite 2300
Atlanta, GA 30309, United States

  • 404.853.8000
  • 404.853.8806

Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
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  • Communications & Media Law
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Other U.S. Locations
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Other Countries
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Number of Attorneys

400+ Attorneys

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