Sutherland Asbill & Brennan LLP

Revised 2017 Antitrust Guidelines for IP Licensing; Qualcomm Ensnared in New Antitrust Suits for Licensing Activities

On January 12, 2017, the U.S. Department of Justice and the Federal Trade Commission issued updated “Antitrust Guidelines for the Licensing of Intellectual Property” for the first time since 1995. The updated Guidelines are…more
| Antitrust & Trade Regulation, Civil Procedure, Intellectual Property

NYC Administrative Law Judge Determines Long Distance Telecommunications Service Fees Exempt from Utility Tax

On December 29, 2016, a New York City administrative law judge (ALJ) determined that Sprint’s long distance telecommunications service fees were exempt from the City’s Utility Tax. The ALJ concluded that the Utility Tax enabling…more
| Communications & Media Law, Energy & Utilities, Taxation

The Final Rule: DOL Releases Additional FAQs Related to New Fiduciary Rule

The Department of Labor (DOL) has released two additional sets of FAQs providing guidance related to its final rule expanding the definition of fiduciary “investment advice” (the Final Rule) for purposes of the Employee…more
| Finance & Banking, Labor & Employment Law, Securities Law

REDIAL: 2016 TCPA Year In Review – Analysis of Critical Issues and Trends

The Sutherland TCPA team has published its third annual REDIAL: 2016 TCPA YEAR IN REVIEW – ANALYSIS OF CRITICAL ISSUES AND TRENDS. This publication reflects our in-depth analysis of significant Telephone Consumer…more
| Antitrust & Trade Regulation, Communications & Media Law, Health, Insurance, Science, Computers, & Technology

Plaintiffs Have Come Up Empty on Class Action Slack Fill Litigation But Are Expected to Pick It Up in 2017

Complaints regarding the amount of product contained in a particular package appear to be the new battlefront on which plaintiffs are waging war on a wide range of consumer product manufacturers. The lawsuits are spurred by a…more
| Civil Procedure, Products Liability

ACA Brief: Path to Repeal – ACA Nearing Its Lifetime Limit?

This ACA Brief is the first in a series of installments that will closely track congressional and administrative actions relating to ACA provisions that impact large employer-sponsored plans. On January 12, the U.S. Senate…more
| Elections & Politics, Health, Labor & Employment Law

Checkfree – Another Taxpayer Win on New York State Online Service Receipt Sourcing; ALJ Determination Mirrors Expedia

New York taxpayers received additional guidance on the important issue of whether online services constitute “service” receipts, and how those receipts should be sourced, for New York corporate franchise tax purposes. On…more
| Business Organizations, Taxation

California Court of Appeal Holds Doing Business ? Any Activity Engaged In for Pecuniary Gain

On January 12, 2017, the California Court of Appeal held in a published opinion that a taxpayer passively holding a 0.2 percent interest in a California-based limited liability company (CA LLC) was not “doing business” in the…more
| Business Organizations, Securities Law, Taxation

Is It Safe? Limits of “Safe Harbor” for Temporary Holds on Senior Investor Transactions Under Proposed FINRA Rule 2165

Introduction - In addition to the recent increase in regulatory focus on senior investors, earlier this fall, the Financial Industry Regulatory Authority (FINRA) filed a rulemaking proposal (the filing) with the Securities…more
| Finance & Banking, Securities Law

Legal Alert: 2016 Year in Review

In 2016, the Department of Labor (DOL) continued a curtailed program of interpretive guidance under the Employment Retirement Income Security Act of 1974, as amended (ERISA). As has been the case for several years, the…more
| Finance & Banking, Insurance, Labor & Employment Law

SEC Staff Provides Guidance on Disclosure of Sales Load Variations and Filing of New Share Classes in Light of the DOL Fiduciary Rule

On December 16, 2016, the Division of Investment Management (IM) of the Securities and Exchange Commission (SEC) published a Guidance Update (the Guidance) providing guidance on disclosure issues and filing requirements…more
| Business Organizations, Labor & Employment Law, Securities Law

Hit ‘em Where They Ain’t – TCCWNA Class Actions Target Broad Range of Consumer-Facing Practices

Consumer-facing businesses that advertise and sell to New Jersey consumers, whether through brick and mortar operations or over the Internet, are being targeted in class action lawsuits under New Jersey’s Truth-in-Consumer…more
| Civil Procedure, Finance & Banking

Treasury and DOL Update 2016-2017 Regulatory Agendas for Employee Benefits 

The principal regulators of U.S. employee benefits have recently published updates to their guidance plans for the coming months. On October 31, 2016, the U.S. Department of the Treasury and the Internal Revenue Service…more
| Labor & Employment Law, Taxation

NY DFS Publishes Revised Proposed Cybersecurity Rules for Financial Services Companies

On December 28, 2016, the New York Department of Financial Services (the DFS) published a revised proposed cybersecurity regulation (the Revised Regulation) for further public comment. First published in September 2016, the…more
| Finance & Banking, Privacy, Science, Computers, & Technology

Federal Insurance Office Report Highlights Consumer Protection Issues Raised by Big Data, Cyber Risks

On November 21, 2016, the Federal Insurance Office (FIO) issued its first ever annual Report on the Protection of Consumers and Access to Insurance (Report). The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010…more
| Consumer Protection, Privacy, Insurance, Science, Computers, & Technology
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