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  • Article

    SEC Addresses Principal Officer Certifications and Codes of Ethics

    United StatesFinance and Banking
    Sutherland Asbill & Brennan LLP
    Sutherland Asbill & Brennan LLP
  • Article

    Senate Passes Financial Regulatory Bill – Dramatic Changes to Derivatives Regulation a Certainty

    Months of tortuous debate have come to an end as the U.S. Senate passed its version of financial regulatory reform on May 20, 2010.
    United StatesCorporate/Commercial Law
    Sutherland Asbill & Brennan LLP
    Sutherland Asbill & Brennan LLP
  • Article

    Sixth Circuit Court of Appeals Interprets the Duties Imposed on Banks That Market Derivative Products and Rejects a Duty of Appropriateness

    On May 17, 2006, the United States Court of Appeals for the Sixth Circuit issued its Opinion in Power & Tel. Supply Co. v. SunTrust Banks, Inc., 2006 U.S. App. LEXIS 12087, 2006 FED App. 166P (6th Cir. Tenn. 2006) addressing the duties owed by banks to their customers in derivative transactions.
    United StatesCorporate/Commercial Law
    Sutherland Asbill & Brennan LLP
    Sutherland Asbill & Brennan LLP
  • Article

    Climate Change Regulation Creeps Into Omnibus Spending Bill

    In an unexpected development, the U.S. Senate recently passed legislation with a requirement for the U.S. Environmental Protection Agency ("EPA") to create a greenhouse gas emissions registry for industries. This requirement was included in the omnibus spending bill passed by the Congress that also included additional funding for the Iraq War.
    United StatesEnergy and Natural Resources
    Sutherland Asbill & Brennan LLP
    Sutherland Asbill & Brennan LLP
  • Article

    FINRA Tells Members To Revisit Customer Statement And Web Site Descriptions Of Auction Rate Securities Backed By Fixed Income Products And Temporarily Increases Maintenance Margin For Such Securities

    Effective today, March 6, 2008, FINRA is requiring all member firms to increase the margin they collect from customers with investments in auction rate securities that are backed by fixed income products such as municipal bonds and collateralized debt obligations.
    United StatesFinance and Banking
    Sutherland Asbill & Brennan LLP
    Sutherland Asbill & Brennan LLP
  • Article

    The Proposed Nonqualified Deferred Compensation (§ 409A) Regulations

    On September 29, 2005, the Treasury Department and the Internal Revenue Service (the "Service") posted on the Treasury website proposed regulations interpreting section 409A of the Internal Revenue Code (the "Code"), the new rules governing nonqualified deferred compensation ("NQDC") plans enacted in October of 2004 as part of the American Jobs Creation Act.
    United StatesEmployment and HR
    Sutherland Asbill & Brennan LLP
    Sutherland Asbill & Brennan LLP
  • Article

    Computation of Interest on Tax Underpayments and Overpayments

    Sutherland Asbill & Brennan LLP ("SAB") here provides update files for the TAXINT computer program to compute interest on Federal tax underpayments and overpayments. To utilize such update files, it is necessary that you have previously obtained from SAB Version 1.0 of the TAXINT-2000 program or Version1.1 of the TAXINT-2000R program.
    United StatesGovernment, Public Sector
    Sutherland Asbill & Brennan LLP
    Sutherland Asbill & Brennan LLP
  • Article

    Effect of Enlargement of the European Union on Trademark Rights

    On January 1, 2007, the European Union will be enlarged to add Bulgaria and Romania as member states. Those who already own European Union applications or registrations will immediately enjoy trademark protection with the automatic extension of rights into Bulgaria and Romania and the grandfathering of earlier rights.
    European UnionIntellectual Property
    Sutherland Asbill & Brennan LLP
    Sutherland Asbill & Brennan LLP
  • Article

    IRA Developments: Combat Pay and Rollover of Loan Offsets

    On May 29, 2006, the President signed the Heroes Earned Retirement Opportunities Act,which liberalizes IRA and Roth IRA contribution limits for military personnel receiving combat pay.
    United StatesEmployment and HR
    Sutherland Asbill & Brennan LLP
    Sutherland Asbill & Brennan LLP
  • Article

    IRS Modifies Interim Guidance Regarding Section 45 Tax Credit For Electricity Produced From Open-Loop Biomass

    On June 25, 2008, the Internal Revenue Service ("IRS") released Notice 2008-60 to provide interim guidance, pending the issuance of Treasury regulations, regarding the tax credit available under Section 45 of the Internal Revenue Code for electricity produced from open-loop biomass.
    United StatesTax
    Sutherland Asbill & Brennan LLP
    Sutherland Asbill & Brennan LLP
  • Article

    House Judiciary Committee Holds Hearing on State Taxation and the Role of Congress in Developing Apportionment Standards

    On May 6, the House Judiciary Subcommittee on Commercial and Administrative Law (CAL), chaired by Representative Steven Cohen (D-TN), held a hearing on state income taxation to explore what role, if any, Congress should play in developing apportionment uniformity.
    United StatesTax
    Sutherland Asbill & Brennan LLP
    Sutherland Asbill & Brennan LLP
  • Article

    Supreme Court Clarifies Key Portion of Diversity Jurisdiction Statute

    On February 23, 2010, the U.S. Supreme Court issued an opinion in Hertz Corporation v. Friend, __ U.S. __, No. 08-1107, which clarified the test for determining the "principal place of business" for corporations pursuant to 28 U.S.C. § 1332(c).
    United StatesCorporate/Commercial Law
    Sutherland Asbill & Brennan LLP
    Sutherland Asbill & Brennan LLP
  • Article

    Private Iniatives in Alternative Dispute Resolution

    United StatesFinance and Banking
    Sutherland Asbill & Brennan LLP
    Sutherland Asbill & Brennan LLP
  • Article

    IRS Issues Guidance on Plan Amendments for Deemed IRAs

    United StatesStrategy
    Sutherland Asbill & Brennan LLP
    Sutherland Asbill & Brennan LLP
  • Article

    Valuing IRA Annuities in Roth IRA Conversions

    On August 19, 2005, the Treasury issued proposed and temporary regulations governing the valuation of annuity contracts in conversions from traditional IRA’s to Roth IRA’s. Pursuant to Code sections 408(d)(1) and (2), and as provided in Treas. Reg. §1.408A-4, Q&A-7 as adopted in 1999, the amount converted from the traditional IRA is treated as distributed and taxable in the year of conversion
    United StatesAccounting and Audit
    Sutherland Asbill & Brennan LLP
    Sutherland Asbill & Brennan LLP
  • Article

    DOL Requests Input on Safe Harbors For Automatic Rollovers

    United StatesStrategy
    Sutherland Asbill & Brennan LLP
    Sutherland Asbill & Brennan LLP
  • Article

    MMS Issues Notice Of Proposed Limited Alternative Energy Leases On The OCS

    The Minerals Management Service ("MMS") on Friday, April 18, issued a notice ("the Notice") regarding proposed limited leases for alternative energy activities on the Outer Continental Shelf ("OCS").
    United StatesEnergy and Natural Resources
    Sutherland Asbill & Brennan LLP
    Sutherland Asbill & Brennan LLP
  • Article

    Supreme Court Rules That Failure to Renew Post-Trial Motion Eliminates Possibility of Appeal

    On January 23, 2006, in Unitherm Food Systems, Inc. v. Swift-Eckrich, Inc., the Supreme Court continued its trend of requiring strict compliance with procedural litigation rules. After respondent ConAgra warned companies selling equipment and processes for browning precooked meats that it intended to protect its rights under its patent for that process, petitioner Unitherm, whose president had invented the process six years before ConAgra filed its patent application, sued ConAgra for a Walker P
    United StatesIntellectual Property
    Sutherland Asbill & Brennan LLP
    Sutherland Asbill & Brennan LLP
  • Article

    Adding Insult To Injury: California Delays Tax Refunds, Taxpayers Accelerate Tax Payments

    On January 16, 2009, California State Controller John Chiang announced that California is facing a cash shortage issue that may result in a delay of more than $3.7 billion in outgoing payments, including payments of tax refunds.
    United StatesTax
    Sutherland Asbill & Brennan LLP
    Sutherland Asbill & Brennan LLP
  • Article

    EPA Issues Advance Notice Of Climate Change Rulemaking

    On July 11, 2008, the U.S. Environmental Protection Agency ("EPA") released an advanced notice of proposed rulemaking ("ANPR") to regulate greenhouse gases ("GHG") under the Clean Air Act.
    United StatesEnergy and Natural Resources
    Sutherland Asbill & Brennan LLP
    Sutherland Asbill & Brennan LLP

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