LexisNexis® Legal Newsroom
Sutherland Asbill & Brennan LLP Legal Alert: FERC Clarifies QF Recertification Requirement

By Daniel E. Frank and Caileen N. Gamache In an order issued on March 30, 2010, 1 the Federal Energy Regulatory Commission (FERC) clarified one ambiguity in its qualifying facility (QF) regulations, while leaving another in its wake. Resolved is the issue of whether a recertification filing is required...

Renewable Energy Treasury Grant Program Extended

Treasury's popular renewable energy grant program was extended with the passage of The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. This legislation also extends certain tax depreciation benefits available for renewable energy projects. Please open the attached...

FSOC Proposed Rulemaking on Fed Supervision of Nonbank Financial Companies: Critics Submit Comments and Ask Who is Speaking on Behalf of the Insurance Industry

By Daphne Frydman and Eric Arnold, Partners, Sutherland Asbill & Brennan LLP Proposed rulemaking by the Financial Stability Oversight Council (FSOC) and the Board of Governors of the Federal Reserve to advance the regulatory process of implementing Section 113 of Dodd-Frank have various raised...

FSOC Proposed Rulemaking on Fed Supervision of Nonbank Financial Companies

By Daphne Frydman and Eric Arnold, Partners, Sutherland Asbill & Brennan LLP Proposed rulemaking by the Financial Stability Oversight Council (FSOC) and the Board of Governors of the Federal Reserve to advance the regulatory process of implementing Section 113 of Dodd-Frank have various raised...

Sutherland Legal Alert: Wind Farm Generators Required to Comply with Transmission Reliability Requirements

By Dan Frank, J.J. Kubicek and Alex Konieczny The Federal Energy Regulatory Commission (FERC) has found that two wind farm generators must comply with reliability requirements applicable to transmission owners and operators because of the tie-lines that interconnect their generating facilities to...

Unpaid Insurance Benefits Issues Continue to Intensify

By Phil Stano, Partner, Sutherland Asbill & Brennan LLP Attention to unclaimed property issues affecting life insurance companies – including issues relating to unpaid life insurance and annuity benefits – has significantly escalated in recent weeks, due to regulatory actions, media...

Sutherland Legal Alert - 10th Circuit Holds: No Violation of Antitrust Laws by Title Insurers Even If Insurers Conspired to Bribe New Mexico Superintendent of Insurance

By Phil Stano, Partner, Sutherland Asbill & Brennan LLP On April 26, 2011, the U.S. Court of Appeals for the Tenth Circuit affirmed, on the basis of the filed rate doctrine and other grounds, a lower court's decision to dismiss putative class claims asserted against Insurer Defendants[1]...

Purchasing Health Insurance Through an Exchange: Implications for Large Employers

By Vanessa A. Scott and Carol A. Weiser, Sutherland Asbill & Brennan LLP The Departments of Health and Human Services (HHS) and Treasury, respectively, have issued guidance on (1) the ability of individuals and small employers to purchase health insurance through an exchange, and (2) the premium...

Sutherland Legal Alert - New Rules for Summaries of Health Benefits and Coverage

By Carol Weiser and Vanessa Scott, Sutherland Asbill & Brennan LLP Proposed regulations on, and a proposed template for, the Summary of Benefits and Coverage (SBC) required by section 2715 of the Public Health Service Act (PHSA), as added by the Patient Protection and Affordable Care Act (PPACA...

Sutherland Legal Alert: FinCEN Extends Due Date for Certain FBAR Filers

By Robb Chase and Amanda Pugh On February 14, 2012, the Department of Treasury's Financial Crimes Enforcement Network (FinCEN) issued Notice 2012-1, which extended the filing deadline for both the 2010 and 2011 Report of Foreign Bank and Financial Accounts (FBARs) to June 30, 2013, for certain...

Sutherland Legal Alert: U.S. Tax Court Issues Opinion in Tigers Eye Regarding Golsen Rule and TEFRA Proceedings

By Tom Cullinan , Joe DePew , and Shane Lord , Sutherland Asbill & Brennan LLP We rarely send out Legal Alerts about the so-called "TEFRA" rules that govern partnership audits and litigation because so few people would read them. In Tigers Eye , however, the Tax Court took a noteworthy...

"Functional Equivalent" Nexus: When Goodwill Goes Bad in New Mexico

The New Mexico Court of Appeals held that for purposes of imposing the state's gross receipts tax, Barnes & Noble Booksellers, Inc.'s (Booksellers) in-state activities may be imputed to an out-of-state retailer (Taxpayer) based on the use of common Barnes & Noble trademarks. New Mexico...

"Functional Equivalent" Nexus: When Goodwill Goes Bad in New Mexico

The New Mexico Court of Appeals held that for purposes of imposing the state's gross receipts tax, Barnes & Noble Booksellers, Inc.'s (Booksellers) in-state activities may be imputed to an out-of-state retailer (Taxpayer) based on the use of common Barnes & Noble trademarks. New Mexico...

Sutherland Legal Alert: The House Always Wins: Treasury and the IRS Offer a Loaded Deck of Regulations Addressing Global Reshufflings

By Robb Chase, Reggie Clark, Jeff Mace, Michael Miles, Carol Tello, Karl Zeswitz, Saren Goldner, and Bill Pauls, Sutherland Asbill & Brennan LLP On June 7, 2012, Treasury and the Internal Revenue Service (the IRS) issued much-anticipated final, temporary, and proposed regulations under section...

Sutherland Legal Alert: The House Always Wins: Treasury and the IRS Offer a Loaded Deck of Regulations Addressing Global Reshufflings

By Robb Chase, Reggie Clark, Jeff Mace, Michael Miles, Carol Tello, Karl Zeswitz, Saren Goldner, and Bill Pauls, Sutherland Asbill & Brennan LLP On June 7, 2012, Treasury and the Internal Revenue Service (the IRS) issued much-anticipated final, temporary, and proposed regulations under section...

Sutherland Legal Alert: New York State Senate Passes Domestic Excess Lines Bill

By John Pruitt and Justin Kitchens, Sutherland Asbill & Brennan LLP The New York State Senate has passed a bill authorizing the formation and licensing of New York domestic excess lines insurance companies. [1] The bill would allow such companies to write insurance in New York on the same basis...

Sutherland Legal Alert: Bringing Certainty to an Uncertain Tax Position: IRS LB&I Directive Addresses Partial Worthlessness Deductions Claimed by Insurance Companies

By Bill Pauls and Michael Miles, Sutherland Asbill & Brennan LLP On July 30, 2012, the IRS Large Business & International (LB&I) Division issued guidelines intended to reduce the controversy associated with partial worthlessness deductions claimed by insurance companies. In brief,...

Sutherland Legal Alert: Bringing Certainty to an Uncertain Tax Position: IRS LB&I Directive Addresses Partial Worthlessness Deductions Claimed by Insurance Companies

By Bill Pauls and Michael Miles, Sutherland Asbill & Brennan LLP On July 30, 2012, the IRS Large Business & International (LB&I) Division issued guidelines intended to reduce the controversy associated with partial worthlessness deductions claimed by insurance companies. In brief, the guidelines...