Sutherland Asbill & Brennan LLP

New Sedona Conference Commentary Recommends Restricting the Reach of Document Requests Directed to U.S. Affiliates of Overseas Companies

Earlier this month, the Sedona Conference issued the final version of its “Commentary on Rule 34 and Rule 45 ‘Possession, Custody, or Control.’” The Commentary recommends adopting the “legal right” test to analyze the…more
| Business Organizations, Civil Procedure, Criminal Law, Electronic Discovery

Don’t Hail the CAB – Why FINRA’s Capital Acquisition Broker Rule Set Will Not Get Private Funds to their Destination

For many years, the private fund industry and the securities bar have called for a limited rule set to govern broker-dealers solely engaged in raising capital for private funds or other issuers of unregistered securities or in…more
| Business Organizations, Finance & Banking, Securities Law

Treasury Announces 2016-2017 Regulatory Agenda for Employee Benefits

The principal regulators of U.S. employee benefits have recently published updates to their guidance plans for the coming months. ..On August 15, 2016, the U.S. Department of the Treasury and the Internal Revenue Service…more
| Labor & Employment Law, Taxation

NAIC Task Force Releases Revised Draft Insurance Data Security Model Law

On August 17, the National Association of Insurance Commissioners (the NAIC) Cybersecurity (EX) Task Force (the Task Force) released for comment a revised draft Insurance Data Security Model Law (the Model Law). This Model Law…more
| Consumer Protection, Insurance, Privacy, Science, Computers, & Technology

ISDA Publishes Variation Margin Protocol

On August 16, 2016, the International Swaps and Derivatives Association, Inc. (ISDA) published the ISDA 2016 Variation Margin Protocol (VM Protocol). The VM Protocol is intended as a tool to help market participants that will be…more
| Finance & Banking, International Law & Trade, Securities Law

In Case You Missed It, A New Act Amends Wisconsin’s Managed Forest Law

On April 14, 2016, Governor Scott Walker signed into law Wisconsin Senate Bill 434, a bill that significantly amends the Managed Forest Law (Sections 77.80 to 77.91, Wis. Stats.), thereby enacting the 2015 Wisconsin Act 3581…more
| Environmental Law, Zoning, Planning & Land Use

Opting-In: Treasury Regulations Provide Rules for Electing into the New Partnership Audit Regime Early

As reported in a prior Sutherland Legal Alert, the Bipartisan Budget Act of 2015 (the 2015 Budget Act) makes significant changes to the procedural rules governing federal income tax audits and judicial proceedings that apply to…more
| Business Organizations, Taxation

Ten Things You Should Know About the 2016 Uniform Unclaimed Property Act

The 2016 Uniform Unclaimed Property Act (2016 Act) was adopted unanimously by the Uniform Law Commission (ULC) in a 49-0 vote at its 2016 summer meeting. The adoption of the revised model law is a significant step forward for…more
| Elections & Politics, Finance & Banking, Insurance

White House Issues Guidance Advising Agencies to Assess Climate Change in NEPA Reviews

On August 1, the White House Council on Environmental Quality (CEQ) issued its final guidance for federal agencies on considering greenhouse gas (GHG) emissions and the effects of climate change in National Environmental Policy…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Internal Investigations: The Impact of the Yates Memo, the FCPA Unit Pilot Program and Recent Legal Decisions [Video]

Following recent regulatory announcements and legal decisions, internal investigations are becoming increasingly more complicated to navigate. Join Sutherland for a moderated roundtable where our experienced practitioners…more
| Business Organizations, International Law & Trade, Professional Malpractice

Power Play: Energy Utilities Score Big as FCC Approves Use of Robocalls and Texts Under the TCPA; Schools Get an Assist

Late last week, the Federal Communications Commission (FCC) issued a long-anticipated declaratory order, ruling that utility companies may make robocalls and send automated texts to their customers concerning matters closely…more
| Communications & Media Law, Consumer Protection, Education, Energy & Utilities

EPA Cuts to Landfill Methane Emissions Create New Opportunities for Credit Trading and Gas–to-Energy Projects

On July 14, the Environmental Protection Agency (EPA) issued its latest set of methane regulations as part of the Obama Administration’s Climate Action Plan: Strategy to Reduce Methane Emissions. The Administration issued two…more
| Environmental Law, Zoning, Planning & Land Use

Videocast: Sutherland SALT Scoreboard – 2nd Quarter Highlights [Video]

Sutherland SALT tracks and tallies significant state and local tax litigation wins and losses in the quarterly Sutherland SALT Scoreboard publication. In this videocast, Charles C. Capouet and Elizabeth S. Cha share the second…more
| Taxation

Patronage Capital Case Successfully Removed to Federal Court

In December 2015, two plaintiffs filed a class action complaint against Pennsylvania’s REA Energy Cooperative, Inc. The complaint, which was filed on behalf of current and former cooperative members, asserted that REA must…more
| Business Organizations, Civil Procedure, Conflict of Laws, Energy & Utilities, Securities Law

Three Million Reasons to Understand the New Federal Rules: Deleting Emails Results in Multi-Million-Dollar Rule 37(e) Sanction

On July 12, a federal district court imposed a $3 million punitive sanction pursuant to the recently amended Federal Rule of Civil Procedure 37(e). GN Netcom, Inc. v. Plantronics, Inc., No. CV 12-1318-LPS, 2016 WL 3792833 (D…more
| Civil Procedure, Communications & Media Law
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999 Peachtree Street NE
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