Sutherland Asbill & Brennan LLP

Amnesty, Hon! Maryland Tax Amnesty Begins September 1, 2015

From September 1, 2015, through October 30, 2015, the Comptroller of Maryland will administer a Tax Amnesty Program (Program) for tax periods beginning before December 31, 2014. Eligible taxpayers that participate in the Program…more
| Taxation

Walton EMC Prevails in “reconstruction in substantial kind” Georgia Territorial Act Case

A hearing officer of the Georgia Public Service Commission recently decided in favor of Walton EMC in a Territorial Act dispute with Georgia Power over the right to provide electric service to a CVS drugstore in Athens, Georgia…more
| Administrative Law, Commercial Law & Contracts, Energy & Utilities

The SemCrude Bankruptcy: Commodity Traders Prevail Against Related Fraud and U.C.C. Claims

In 2008, SemCrude, L.P. and related entities (collectively, SemCrude or the Debtors) filed voluntary petitions for relief under Chapter 11 of the U.S. Bankruptcy Code. In connection with the SemCrude bankruptcy, a dispute arose…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Energy & Utilities

EPA Methane Regulations for the Oil and Gas Industry

On August 18, 2015, the Environmental Protection Agency (EPA) announced several proposals, including the first federal regulations, which, if adopted, would require the oil and gas industry to reduce methane emissions…more
| Energy & Utilities, Environmental Law

SEC Issues Guidance Clarifying Anti-Retaliation Provision of Dodd-Frank Act

On August 4, the U.S. Securities and Exchange Commission (SEC or “the Commission”) issued guidance that further clarifies the Dodd-Frank Act’s anti-retaliation provision. According to the Commission, Section 21F of the…more
| Labor & Employment Law, Securities Law

A Band-Aid Remedy?: New TCPA Rules for the Healthcare Industry

Companies in the healthcare industry, along with virtually every consumer-facing business, are adjusting to the impacts of the Federal Communications Commission’s (FCC) July 10, 2015 Order resolving more than 20 petitions…more
| Consumer Protection, Health, Privacy

The Windy City’s Taxes on Cloud Computing, Streaming Services

On August 7, the Chicago Department of Finance delayed the effective date of the imposition of the Personal Property Lease Transaction Tax (the Lease Tax) on cloud computing services from September 1, 2015, to January 1, 2016…more
| Commercial Law & Contracts, Taxation

CFTC and NFA Afford Relief from Certain CTA Periodic Reporting Obligations

On July 21, the staff of the Commodity Futures Trading Commission’s (CFTC) Division of Swap Dealer and Intermediary Oversight (DSIO) published an exemptive letter that provides relief from periodic reporting on CFTC Form CTA-PR…more
| Securities Law

Final Clean Power Plan Released; Significant Changes Will Not Ward Off Legal Challenges

On August 3, the U.S. Environmental Protection Agency (EPA) released its long-awaited final rule regulating carbon emissions from existing power plants (Clean Power Plan). In nine months, EPA waded through more than four million…more
| Energy & Utilities, Environmental Law

Final Clean Power Plan Released; Significant Changes Will Not Ward Off Legal Challenges

On August 3, the U.S. Environmental Protection Agency (EPA) released its long-awaited final rule regulating carbon emissions from existing power plants (Clean Power Plan). In nine months, EPA waded through more than four million…more
| Energy & Utilities, Environmental Law

Update: FERC Five-Year Review of Oil Pipeline Rate Indexation

On June 30, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) that proposed an adjustment to the annual indexation formula for oil pipeline rates. The NOI sought comments on a proposed indexation…more
| Energy & Utilities

Not So Fast: ALAS Fails to Attain Sufficient State Support

At the Multistate Tax Commission (MTC) Executive Committee Meeting in Spokane, Washington, the Arm’s-Length Adjustment Service (ALAS) Advisory Group provided an update on its transfer pricing effort. On May 7, 2015, the…more
| Commercial Law & Contracts, Taxation

Multistate Tax Commission Amends the Equitable Apportionment Provision of the Compact and Apportionment Rules for Financial Institutions

Yesterday, the Multistate Tax Commission (MTC) held its annual meeting in Spokane, Washington. The meeting is the annual event where full MTC member states approve model laws in their final version. The approved versions are…more
| Business Organizations, Taxation

EPA Ordered to Revise CSAPR Emissions Budgets

On July 28, the U.S. Court of Appeals for the D.C. Circuit ordered the U.S. Environmental Protection Agency (EPA) to revise emissions budgets for several states under the agency’s Cross-State Air Pollution Rule (CSAPR or the…more
| Energy & Utilities, Environmental Law

Multistate Tax Commission Committees Discuss Apportionment Details and an Information-Sharing Program

Yesterday, the Multistate Tax Commission (MTC) held meetings of its Litigation, Uniformity, and Strategic Planning Steering Committees. The meetings were generally dominated by discussions of evolving apportionment issues,…more
| Taxation
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