Eversheds Sutherland – Legal Insights: Recent Episodes
Eversheds Sutherland
Members of our global Transfer Pricing team continue with their 2023 webinar series focused on various Transfer Pricing issues and topics. The panelists provide an overview of practical approaches to preparing for and managing a tax audit/transfer pricing audit, Advanced Pricing Agreements (APA) and Mutual Agreement Procedures (MAP). They explore the transfer pricing life cycle, risk management considerations as well as the pitfalls and opportunities for cross-border alternative dispute resolutions in different jurisdictions.
Our global Tax team is excited to continue its webinar series focused on the value-added tax (VAT) from an international perspective and comparing it to US state and local taxes. This webinar provides an overview of VAT treatment of physical goods. Our panelists explore the typical structures, pitfalls and opportunities in different jurisdictions, as well as VAT registration and the significance of who has title to goods.
This webinar provides an overview of Transfer Pricing basics, the arm’s length standard, transfer pricing methods, and burden of proof issues. Diving the deeper, the panelists also cover anti-avoidance measures and penalties in various jurisdictions, including the Australia and the UK DPT regimes, along with the EU GAAR regime and the US penalty regimes.
In this podcast episode focused on employment law, Eversheds Sutherland attorneys Michael Woodson and John Hays continue exploring various considerations related to the FTC's Proposed Rule concerning non-compete clauses. (Catch up on the first two episodes of this series here and here!)
Up this week, Michael and John provide an overview of potential consideration issues as employers review and update restrictive covenant agreements with their workforce.
For more content related to employee benefits, executive compensation and employment law, the "Do you have a minute?" video series covers a variety of questions and topics to help you stay on top of the latest changes and common issues, all in less than a minute. If you have questions about these videos, please reach out to a member of the Employment and Employee Benefits teams.
In this podcast episode focused on employment law, Eversheds Sutherland attorneys Michael Woodson and Bonnie Burke continue their series discussing the Federal Trade Commission’s Proposed Rule to ban the use of post-termination non-compete clauses and employment agreements.
In the latest episode, Michael and Bonnie focus on alternatives to non-compete clauses.
For more content related to employee benefits, executive compensation and employment law, the "Do you have a minute?" video series covers a variety of questions and topics to help you stay on top of the latest changes and common issues, all in less than a minute. If you have questions about these videos, please reach out to a member of the Employment and Employee Benefits teams.
In this podcast titled Round Table Discussion: How to set up a strategy for the future? Eversheds Sutherland Partner Michael Bahar along with Micael Dahlen, Author, Professor at the Stockholm School of Economics and Elina Hiltunen, Futurist, Author, Doctor of Business Administration discuss factors that are the most important to take into account for a decision-maker in business and what order they should be handled in.
In this podcast episode focused on employment law, Eversheds Sutherland attorneys Bonnie Burke and John Hays kick off a series that explores the recent Notice of Proposed Rulemaking issued by the Federal Trade Commission (FTC). As drafted, it purports to ban all post-termination non-compete clauses and clauses that act as a functional equivalent to a non-compete.
In the first episode, Bonnie and John review the Proposed Rule and provide a summary of its contents.
For more content related to employee benefits, executive compensation and employment law, the "Do you have a minute?" video series covers a variety of questions and topics to help you stay on top of the latest changes and common issues, all in less than a minute. If you have questions about these videos, please reach out to a member of the Employment and Employee Benefits teams.
This program provides a preview of important tax legislation as we head into the 2023 sessions. In addition to pre-filed state tax bills and those we expect to be introduced, Michele and Charlie discuss current state tax policy efforts at the Multistate Tax Commission and Streamlined Sales Tax Governing Board.
Eversheds Sutherland attorneys look back on key regulatory developments impacting CITs, and a look ahead to what's on the horizon for the industry in 2023. This webinar focuses on:* 403(b) investments in CITs * Proxy voting developments * SEC rulemaking, including the 'hard close' proposal * DOL's ESG rule
As 2022 draws to a close, join Eversheds Sutherland attorneys for a complimentary webinar to look back at key regulatory developments that impacted Business Development Companies this year, and look ahead to what’s on the horizon for the industry in 2023.
In this webinar we will focus on:
- Fund valuation practices
- Proxy developments
- Joint venture financing
- Capital raising in this environment
- SEC rulemaking, including the latest on climate change, cyber, and ESG
In this webinar, our global Tax team provides an overview on the basics of VAT, with emphasis on how it operates cross borders, including in the EU and UK. In addition, the panelists discuss the relevance of VAT to US companies and how the sales tax mechanism compares to VAT.
In the sixth episode of Tax Sound Bytes, a podcast series from the Tax Practice Group covering issues affecting federal and international tax, Eversheds Sutherland Partner Xenia Garofalo speaks on the stock buyback tax. The stock buyback tax, a nondeductible 1% excise tax on the repurchase of corporate stock, was recently enacted as part of the Inflation Reduction Act, which President Biden signed into law on August 16. You can read Xenia’s in-depth article about the stock buyback tax in Law360, as well as more commentary from our Tax Practice Group on provisions of the Inflation Reduction Act here.
During this episode, Xenia discuss who the tax is imposed on, its various implications and how exceptions apply.
Continuing tradition, the conversation concludes with the nontax question – if there was a book you could read over again for the very first time, what book would that be?
To stay up-to-date on the digital tax information you need to know for your business, subscribe to our Digital Taxation mailing list to receive updates from Digital Tax Bytes on a weekly basis.
Our global tax team provides an update on both Pillars I and II and BEPS, and provides examples of practical approaches to preparing for and managing a tax audit, including US and European considerations. In addition, this program includes an overview of transfer pricing audit trends in the US and Europe, lessons learned, as well as a discussion on alternative dispute resolution mechanisms.
In the fourth episode of Tax Sound Bytes, a podcast series from the Tax Practice Group covering issues affecting international and taxation of the digital economy, Eversheds Sutherland welcomes Partner Jon Sambur to discuss a hot topic – the taxation of cryptocurrency.
He covers the 2021 US Infrastructure Bill, which included several provisions aimed at cryptocurrency and digital assets, as well as a proposal for information reporting by certain financial institutions and digital asset brokers from the US Treasury’s Green Book. Jon provides his thoughts on how he sees the new reporting obligations from the Infrastructure Bill playing out once they go into effect in 2023, as well as how the proposed reporting obligations could change things. In addition, he speaks to recently proposed legislation under a bipartisan bill, the Lummis-Gillibrand Responsible Financial Innovation Act, which aims to correct certain aspects of the Infrastructure Bill. The conversation wraps up with Jon’s thoughts on where he sees the crypto space going in the near term.
Continuing tradition, the conversation concludes with the nontax question – if there was a book you could read over again for the very first time, what would it be?
To stay up-to-date on the digital tax information you need to know for your business, subscribe to our Digital Taxation mailing list to receive updates from Digital Tax Bytes on a weekly basis.
In this webinar, panelists discuss the negotiation process used by defined benefit plan sponsors and fiduciaries to purchase Group Annuity Contracts and transfer pension risk to an insurer. Moderated by Eversheds Sutherland Partner Brian Barrett with Mercer Principal Dean Bruenn, MetLife Senior Counsel Amy Danzis, F&G Life Vice President, PRT Business Development Jay Dinunzio and Prudential Vice President, Corporal Counsel Joshua Kass on June 15, 2022.
In the third episode of Tax Sound Bytes, a podcast series from the Tax Practice Group covering issues affecting international and taxation of the digital economy, host and Eversheds Sutherland Associate Mary Kate Nicholson is joined by Partner Mary Monahan and Associate Daniel Strickland to dig into the recent Supreme Court decision in Boechler PC v. Commissioner.
They provide background on the case, which saw the court analyzing whether the 30-day filing requirement in section 6330(d)(1) is jurisdictional, as well as the IRS’ position and how they think Boechler PC v. Commissioner is going to affect tax litigation moving forward.
Continuing tradition, their conversation concludes with Mary Kate’s favorite nontax question – if there was a book you could read over again for the very first time, what would it be, and why?
To stay up-to-date on the digital tax information you need to know for your business, subscribe to our Digital Taxation mailing list to receive updates from Digital Tax Bytes on a weekly basis.
In the second episode of Tax Sound Bytes, a new podcast series from the Tax Practice Group covering issues affecting the taxation of the digital economy, host and Eversheds Sutherland Associate Mary Kate Nicholson welcomes Associate Hasnain Valika for a discussion about foreign tax credits (FTCs).
During their conversation, they cover what exactly a FTC is, including its inclusion in specific tax codes, and how new regulations issued in December affect credibility of certain FTCs and interact with the OECD’s Pillar I and II proposals. In addition, they discuss how the FTC regime would be changed by the Build Back Better Act.
The conversation concludes with Mary Kate’s favorite nontax question – if there was a book you could read over again for the first time, what would it be, and why?
To stay up-to-date on the digital tax information you need to know for your business, subscribe to our Digital Taxation mailing list to receive updates from Digital Tax Bytes on a weekly basis.
Eversheds Sutherland attorneys Michael Gurion, Alexander Sand, Kristin Cleare and Deepa Menon discuss key topics, including: * Privacy due diligence, including data collection, processing, transfers and related policies * Cybersecurity due diligence, including network and system protection, vendor selection, business continuity, and breach history * Evaluating identified risks and concerns, including use of different transaction structures * Allocating risk among buyers, sellers and others * Integration and transition planning
Tax Sound Bytes is a new a podcast series from the Eversheds Sutherland Tax Practice Group, covering issues affecting the taxation of the digital economy.
In the first episode, host and Eversheds Sutherland Associate Mary Kate Nicholson interviews Partner Randy Buchanan, and together they delve into President Biden’s Fiscal Year 2023 Budget and the US Treasury’s Green Book. Randy and Mary Kate examine features of the Budget and Green Book, with key emphasis on the international provisions, as well as how the proposals intersect with the Build Back Better Act and the OECD’s Pillar I and II global agreement.
Eversheds Sutherland partner Susan Lafferty hosts the first episode on carbon markets. Our guides in deciphering what are carbon markets and how to get involved in the US are Eversheds Sutherland attorneys David McCullough and Alex Holtan.
In this short, partners Audrey Elliott and Jessie Uppal discuss the impact of Brexit on right to right to work processes and the changes brought about for employers in relation to the employment of EU and non-EU nationals.
In our latest 13 minute pensions podcast, François Barker, Charmian Johnson and Helen Tabiner discuss the key deadlines for trustees and sponsors over the next two terms and beyond.
Pensions unscripted: in this 13 minute podcast, François Barker introduces a discussion on the new Pension Schemes Act and how it is intended to make pensions "safer, better and greener".
In part 1, we speak to Dr Angela Needle, Director of Strategy at Cadent who shares her views on the complexities and challenges of transitioning to a low carbon gas network using hydrogen and the approach that Cadent is taking as a leader in the field.
In our new series of podcasts focusing on corporate reorganizations, we discuss how reorganizations differ in the Financial Services (FS) sector, how Brexit has triggered many transformational projects for FS groups in recent years and how Brexit/ further regulatory change, M&A and a desire to streamline operating models are likely to drive further reorganizations by FS groups going forward.
This podcast is presented by our Head of Corporate Reorganizations, Amanda Partland and Legal Director Niki Evans, with contribution from FS M&A Partner Hugo Laing and FS M&A Legal Director Ankit Chhabra.
Welcome to Eversheds Sutherland’s newly launched litigation training podcast - LitCast has been designed to assist legal teams or businesses with limited litigation resource or experience navigate the litigation process. Our aim is to help anyone who is either facing or considering bringing a claim to better understand the key points from the outset. The first series of podcasts will focus on key considerations at the beginning of a dispute, in what is known as the ‘pre-action’ stage, before a claim is served.
New York Governor Andrew Cuomo released his Fiscal Year 2022 budget and accompanying legislation on January 19, 2021 (the Budget Bill). This webcast analyzes the state tax implications of the Budget Bill, along with recent New York litigation developments and Department of Taxation and Finance guidance that could impact businesses in 2021.
Welcome to Eversheds Sutherland’s newly launched Propelling Conversations podcast. Propel’s first podcast series will look at a wide range of topics at the forefront of litigation technology and legal project management. Join Senior Legal Project Manager James Barrett and Head of Litigation Technology Melina Efstathiou in Episode 1 as they reflect on the changes they saw in 2020 and what’s ahead in 2021.
In this podcast from the Eversheds Sutherland employment law team, Tom Bray and John Morgan discuss Brexit and its potential impact on the future of UK employment law, focusing on changes the UK Government can and may make. This comes hot on the heels of an interesting two weeks of media speculation on this issue…
State legislators have been actively proposing state tax legislation. In this webcast, the presenters provide an update on the latest legislative proposals across the country that will impact marketplace facilitators and sellers.
Pensions unscripted: in this 13 minute podcast, François Barker introduces a discussion on New Year’s resolutions for the pensions industry.
Welcome to Eversheds Sutherland’s newly launched litigation training podcast - LitCast has been designed to assist legal teams or businesses with limited litigation resource or experience navigate the litigation process. Our aim is to help anyone who is either facing or considering bringing a claim to better understand the key points from the outset. The first series of podcasts will focus on key considerations at the beginning of a dispute, in what is known as the ‘pre-action’ stage, before a claim is served.
In this Brexit and immigration podcast, Audrey Elliott, Gizem Erdogan and Renate Bigler-Heiniger discuss the implications of Brexit for UK nationals in the EU, with a particular focus on Germany and Switzerland.
In the second of our series of podcasts focused on the US election we examine the Democrats' victory in the Georgia runoffs and the impact this may have on tax, international trade and M&A.
A pension in a pear tree: in a festive look ahead to the new year, François Barker is joined by a host of speakers as they outline Christmas-themed hot pension topics for 2021.
Eversheds Sutherland in conjunction with PwC UK, provide international businesses operating across Europe with an overview on the new restructuring legislations, their cross-border impacts and what else you need to know from a creditor perspective.
Please join Eversheds Sutherland M&A practitioners from around the world and Jinzy Zhu, M&A Legal Integration Lead Counsel at PayPal, for a 60-minute CLE accredited webinar on post-acquisition transaction integration. Post-acquisition transaction integration is the key to buy-side M&A success. We will be discussing and answering questions on a number of topics, including: * Our top 5 tips to successfully complete post-acquisition transaction integration * Developing and executing on the integration plan * Legal entity consolidation and restructuring, governance and compliance * Tax considerations for the combined operations * Workforce and employee benefits * Cybersecurity and data privacy * Our top 5 post-acquisition transaction integration red flags
Pensions unscripted: in this 13 minute podcast, François Barker is joined by Mark Latimour, Partner, and Harriet Sayer, Principal Associate, to discuss the extensive new regime of climate change reporting obligations coming in the Pension Schemes Bill.
Now that the race to the White House seems to be over, we examine what impact the election will have on legalization in the cannabis industry.
In the first of our series of podcasts focused on the Cannabis industry, we’re excited to bring you a very deep and interesting discussion on the prospects of federal legalization and how it may occur, how business leaders think through the impact of legalization, potential forms of legalization, descheduling, and the industry as a whole.
The speakers include Eversheds Sutherland’s Cannabis Group lead, Meghana Shah; Ryan Ansin, Co-Founder of Revolutionary Clinics; and Josh Genderson, Founder and CEO of Holisitc Industries.
The race to the White House seems to be over, but what does that mean for businesses in the US and for those looking to make an investment? In the first of our series of podcasts focused on the US election, we discuss the impact of Joe Biden’s win and what a change of administration could mean for M&A, tax and merger control.
On November 11 2020, the UK Government published its long-awaited National Security and Investment Bill, setting out proposals for a new standalone foreign direct investment (FDI) regime. Listen to our UK Competition, EU and Trade team discuss the key aspects of the proposed new regime and the impact on transactions involving UK entities and assets.
In this episode we discuss, "A Call for Clarity – New York Appeals Deadlines," an article featured in Tax Notes and written by Ted Friedman, Counsel, Michael Hilkin, Counsel, and Peter Hull.
Two of these authors, Michael Hilkin and Peter Hull, join host Chris Lee, an Associate in the Atlanta Office, to discuss the state of procedural affairs in New York regarding COVID-19 and their call on Governor Andrew Cuomo (D) to provide clarity to taxpayers by issuing an executive order confirming that his prior executive orders tolling statutes of limitations apply to proceedings before both the state and city tax appeals agencies.
The Propel team presents their new Podcast, Propelling conversations. This episode James Barrett, Senior Legal Project Manager and Kurtis Windrow, Legal Technologist, discuss how technology is playing its part during lockdown to help with efficient case management.
COVID-19 presents a number of challenges for Higher Education institutions. Associate Chris Jones is joined by Partners Dave Hughes and James Hyde to discuss how institutions can manage the risk that COVID-19 and remote-working can pose to data protection and cyber security compliance.
This first in a series of podcasts focused on immigration in the education sector will provide an update on key current concerns. Specialist lawyers Nerys Ireland and Esyllt Martin discuss the current COVID-19 concessions, the EU settlement scheme and the right to study requirements applying to students from the EEA.
COVID-19 presents a number of challenges for Higher Education institutions. Associate Chris Jones is joined by Partner Rob Gray and Senior Associate Sarah Valentine to discuss the new world of remote working, the challenges that presents to employee wellbeing and how institutions can respond.
In this first episode of our hydrogen podcast series, our partners and Cornelius Matthes of Dii Desert Energy discuss why hydrogen is so topical and the ways in which European policy developments are setting the stage for the emerging hydrogen economy.
Ann Fort and Jim Johnson discuss the unique aspects of the US legal scene for brand owners in light of the growth of online commerce.
Partner, Naeema Choudry poses 10 questions to Julie Dennis, Head of Diversity & Inclusion at ACAS, as they discuss cases of note, the future plans of ACAS, barriers to progression, the role of the Court of Public Opinion and more.
Pensions unscripted: in this 13 minute podcast, François Barker introduces a session in which Georgina Rankin, Partner, is joined by Simon Daniel, Partner, and Stephen Purves, a Partner in Aon’s risk settlement scheme, to discuss the risk settlement market in 2020 and the impact of the COVID-19 pandemic.
COVID-19 presents a number of challenges for Higher Education institutions. Listen to Partners Mark Taylor and Glynne Stanfield share their thoughts on the Corporate and Governance challenges ahead and how they can be overcome.
With the recent global shift in the working landscape many employers are considering reshaping workforces, and for multinational employers that has the added complexity of different rules and practices.
In our latest podcast, a Principal Associate from our Paris office offers insight from France and discusses the legal and practical employment implications in relation to down-sizing projects and wider business reorganisations.
To assist multinational employers, our teams have produced a variety of tools and briefings. We have pulled together all of our latest resources on global reorganizations in a 'boxset' of materials.
Naeema Choudry, Partner, poses 10 questions to Shirley Hall, Partner, on the topic of Equal Pay as they discuss cases of note, misconceptions of equal pay, barriers to progression, the role of the Court of Public Opinion and more.
With the recent global shift in the working landscape many employers are considering reshaping workforces, and for multinational employers that has the added complexity of different rules and practices.
In our latest podcast, a Principal Associate from our Rotterdam office offers insight from the Netherlands and discusses the legal and practical employment implications in relation to down-sizing projects and wider business reorganisations.
To assist multinational employers, our teams have produced a variety of tools and briefings. We have pulled together all of our latest resources on global reorganizations in a 'boxset' of materials.
Stijn Grove, Dutch Data Center Association, Matthew Pullen, CyrusOne, Olaf van Haperen and Mark Chester discover the potential implications of the Moonwalk ruling on data centers operating in the Netherlands and potentially across Europe.
Partner, Naeema Choudry poses 10 questions to Rebecca Hilsenrath, Chief Executive of the Equality and Human Rights Commission (EHRC), as they discuss cases of note, the future plans of the EHRC, barriers to progression, the role of the Court of Public Opinion and more.
In Episode 2 of our Technology in Financial Services Podcast Series, Rhys McWhirter is joined by London partners Simon Gamlin and Craig Rogers as they discuss all things cloud computing and the dramatic improvements on the infrastructure solutions of clouding computing and how this affects Financial Services clients.
Pensions unscripted: in this 13 minute podcast, François Barker is joined by Ruston Smith, chair of the Tesco PLC Pension Scheme, and Charlotte Cartwright, Legal Director at Eversheds Sutherland, to share views on trustees helping members to access good quality financial advice, within a well governed framework.
In this episode we discuss two recent California decisions, including a Court of Appeal decision concerning property tax escape assessments (Prang v. Los Angeles Cnty. Assessment Appeals Bd., Case No. B301194 (Cal. Ct. App. Aug. 27, 2020) and an Office of Tax Appeals decision concerning nexus for the state’s LLC tax. (In the Matter of the Appeal of Aroya Inv. I, LLC, 2020-OTA-255P (Cal. Office of Tax Appeals Jul. 7, 2020).
This episode is hosted by Chris Lee, Associate, state and local tax team in the Atlanta, GA office of Eversheds Sutherland – https://us.eversheds-sutherland.com/People/Chris-R-Lee
As a result of the UK leaving the EU, free movement of people is ending on 31 December 2020. From this date, having a sponsor licence will become essential for organisations who recruit both from outside of the EU and from within it.
In our latest podcast, a Principal Associate and Associate from our UK Immigration team discuss the new immigration system and what organisations need to be considering now, in relation to EEA nationals they employ.
See also:
- The new UK immigration system: getting ready and reviewing risk (briefing)
- Does your organisation need a sponsor licence? (video)"
This program will examine the intersection of RegTech tools and anti-money laundering (AML) programs for institutions, including banks, cryptocurrency exchanges, securities exchanges, broker-dealers, and investment advisers. As institutions continue to leverage RegTech tools to enhance their AML programs, we discuss the impact of these RegTech tools on customer identification programs and know-your-customer compliance, as well as suspicious activity reporting filing requirements. How should institutions utilize these RegTech tools, and what is their responsibility to supervise them? What if something goes wrong, and how should institutions ensure proper guardrails exist when implementing RegTech tools into their AML programs? We will examine these questions, along with recent AML regulatory guidance, so that institutions are well positioned to understand the risks and rewards associated with these RegTech tools.
In this episode, we discuss two recent developments, including an Oregon decision concerning sales tax on vehicles (EAN Holdings, LLC v Oregon Department of Revenue) and a Texas letter ruling dealing with software as a service and data processing (Texas Private Letter Ruling No. PLR 20180724152951).
Vincent Denoyelle provides an update on ICANN’s newly released SubPro draft Final Report on generic Top Level Domains (gTLDs) and discusses what this next phase might look like for applicants and brands.
In June, the DOL released version 3.0 of its fiduciary proposal, which formally reinstated the investment advice fiduciary definition in effect since 1975 accompanied by new interpretations that extended its reach in the rollover setting, and proposed a new exemption for conflicted investment advice and principal transactions. This proposal would become part of the patchwork of fiduciary and best interest advice regulations that impact banks, broker-dealers, investment advisers, and insurance companies.
Join Eversheds Sutherland attorneys Carol McClarnon, Mark Smith, Issa Hanna and Caitlin Naylor for a webcast on what financial institutions should be considering now in anticipation of adoption of DOL's proposal, taking into account the context of broader best interest developments.
Pensions unscripted: In this 13 minute podcast, François Barker introduces a discussion on topical issues in relation to DC pension schemes, including engaging with members, the changing DC landscape, and problem areas such as gated funds and delays in investment.
All but three states have passed hate crimes laws, which generally provide harsher penalties for crimes motivated by a victim’s race, color, religion, national origin, sexual orientation, gender, gender identity, or disability. But how much do you know about how these laws work, who they protect, and why they’re an important tool in the fight against racism? The ACC Georgia Chapter welcomes Eversheds Sutherland's Amanda R. Giffin and John E. Sharpe to present in this engaging discussion.
Clare Ward (Partner, Eversheds Sutherland) and Abigail Hirshman (Head of Workplace Mental Health and Wellbeing, ACAS) join to discuss the mental health implications of the coronavirus crisis, with legal and workplace wellbeing insights.
In episode 1, we discuss the Financial Services (FS) sector’s increasing collection (and reliance) of biometric data, including for account validation and payment transaction purposes. COVID-19 has ignited many organizations’ digitization journey with companies now looking to facilitate the end users’ access to various FS services via the acceptance of biometric data. We also canvass key data privacy risks as well as some of the emerging regulatory trends across the US, Europe and Asia.
A seller’s understanding of the potential impact that COVID-19 might have on its own target’s business could be an important factor in its negotiations with potential buyers. In this Legal Insights Podcast, members of the Eversheds Sutherland (US) Insurance Transactions team convene to discuss the importance of the seller’s due diligence of its own target in light of recent developments and how a seller might undertake this "self" due diligence.
A seller’s due diligence of a buyer is a critical, if sometimes overlooked, aspect any insurance M&A transaction, especially in light of recent developments. In this Legal Insights Podcast, members of the Eversheds Sutherland (US) Insurance Transactions team convene to discuss the importance of the seller’s due diligence of a buyer and key factors that should be considered by a seller in undertaking such "reverse due diligence" in a COVID-19 world.
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Pensions over coffee: in this 13 minute podcast, François Barker introduces a session in which our speakers discuss the pensions implications of the new Corporate Insolvency and Governance Act 2020.
The new CIGA makes some significant changes to UK insolvency law by introducing new permanent options aimed at allowing companies some breathing space to avoid insolvency and some temporary restrictions aimed at reducing the number of insolvencies following the pandemic. Listen to our podcast for views on how it impacts the supply of essential goods and services, pensions schemes and the relationship of commercial landlord and tenant.
In episode 4 of our podcast series Nicola Evans, Christian Mense, Holger Holle and Amanda Partland discuss recent motives and trends for corporate reorganizations.
Organisations around the world are responding to the ongoing COVID-19 outbreak and looking to ensure they are well-prepared to deal with the legal and practical repercussions.
In our latest short podcast, members of our global team discuss the legal and practical implications of the lockdown for employers in Poland, Hungary and Romania.
Speakers:
Ewa Łachowska-Brol
Katalin Varga
Oana Dobre
Find more on our covoronavirus hub.
Hannah Jones and Katie Taylor take stock on what can be learned from COVID-19 and implementing business continuity plans in a real life scenario. We discuss the lessons learned and practical next steps for financial services in the UK.
In episode 3 of our corporate reorganizations podcast Amanda Partland, Nicola Evans, Ulrika Sparrman and Mark Rawls discuss spin-off and divestitures in the context of the COVID-19 pandemic.
Pensions unscripted: in this 13 minute podcast, François Barker introduces a session in which our speakers share their experience of the challenges and changes to pensions litigation caused by the COVID-19 crisis.
This podcast focuses on two topics impacting our LGPS fund clients and employers within those funds: deferral of employer contributions due to COVID-19 issues and exit credits. We discuss what LGPS funds should consider when faced with an employer who is requesting to defer its employer contributions, deferral of contribution policies and agreements, the changes to the exit credit legislation and what this means for exits from the fund.
Find more information on deferring employer contributions to the LGPS in this Barnett Waddingham blog.
Speakers:
Gary Delderfield – Head of public sector pensions, Eversheds Sutherland
Cat Ellis – Principal Associate, Eversheds Sutherland
Melanie Durrant, Actuary of the Year – LGPS actuary, Barnett Waddingham
Graeme Muir - LGPS actuary and head of public sector pensions, Barnett Waddingham
With many employers anticipating large-scale working from home to continue for months to come in light of COVID-19, organisations should take this opportunity to review their home-working arrangements, including in relation to health and safety and employment law requirements.
In this podcast, a UK Employment Law Partner and Principal Associate from our Health and Safety team discuss common home-working question and answers to guide employers.
Although fines are not generally deductible, they may be deducted when attributable to restitution, remediation, or paid to comply with the law. The Tax Cuts and Jobs Act clarified these rules and the IRS has recently proposed regulations that delineate the distinctions between non-deductible fines and deductible government payments. The proposed regulations also describe the conditions and standards of proof for securing deduction as well as the IRS reporting requirements.
In this latest podcast Amanda Partland, Nicola Evans and Christian Mense discuss the key considerations for companies when contemplating undertaking a global reorganizations project – and how the COVID19 crisis may impact those projects.
The episode discusses how the current pandemic has affected merger control across the globe, with a particular focus on issues clients are facing right now. We’re joined in a panel style discussion moderated by Ros Kellaway, co-Head of Global Competition and Trade, with participants from our offices across Europe, Asia and the US.
Listen to a casual conversation with Peter Blocker, Vice President of Policy at CalTax. We talked to Peter about his role in analyzing California tax-related legislation, current bills he is following, and the impact of COVID19 on his organization’s work.
Organisations around the world are responding to the ongoing COVID-19 outbreak and looking to ensure they are well-prepared to deal with the legal and practical repercussions. In our latest short podcast, a partner and a principal associate from our Munich office discuss the legal and practical implications of the lockdown for employers in Germany. Speakers: Manuela Rauch Nils Müller Find more on our covoronavirus hub.
Recent events have underscored the importance of a buyer’s due diligence in connection with an insurance M&A transaction. In this Legal Insights Podcast, members of the Eversheds Sutherland (US) Insurance Transactions team convene to discuss the importance of the due diligence process and key aspects of a target’s business to be examined by a buyer in light of COVID-19 and related developments.
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
As states lift their COVID-19 shelter-in-place orders, employers are gearing up for the return of their workforces. This webinar will discuss a variety of employment and benefits issues for employers to consider as workforces go through yet another transition in 2020. Topics include:
- employee safety
- workplace policies
- changes to employment terms
- benefit plan enrollment changes
- employee communications
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Pensions unscripted: in this 13 minute podcast, François Barker and two partners explore the Pensions Regulator’s latest statements on DB funding, valuations, member communications and more.
Episode 5: This COVID-19 Q&A clinic provides guidance on the practical application of transitioning a workforce back into the workplace.
This podcast provides a basic overview of what employers should consider when having employees return to work at the worksite. In this Legal Insights Podcast, Michael Woodson and John Hays discuss:
- Employers assessing specific risks associated with their worksites
- Employers implementing engineering controls, administrative controls and safe work practices to reduce risk of transmission of COVID-19
- Employees’ use of personal protective equipment and masks while working
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Listen to our latest podcast providing guidance on at what stage does the COVID-19 pandemic crisis spell disaster. Reputations will be made and lost during this crisis and a loss of trust now could be catastrophic for an organization’s viability. In this session we considered how good communication and a ‘people-first’ strategy can help protect your company and its leaders in these turbulent times. This session was jointly hosted with our Employment group and our guest speaker is Tim Toulmin, Managing Director of Alder Consulting.
Listen to the first in our series of corporate reorganization podcasts where our global Corporate and Tax team discuss the EU’s implementation of tax disclosure requirements, known as DAC6, and the effects it will have on cross border transactions.
Times of economic uncertainty often lead to fast-moving M&A transactions. Now is a good time consider employee and compensation issues that arise in connection with a change in control:
- executive severance provisions, including enhanced severance for change in control situations
- restrictive covenants and updates that may be needed for current business circumstances
- definitions of change in control and whether they are well-suited for potential transactions
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Episode 5 of our M&A COVID-19 series of podcasts and #Corporate Partners Robin Johnson, Chris Halliday, Sven Schweneke and Lance Phillips discuss the changing requirements of warranty and indemnity insurance on M&A transactions during the COVID-19 pandemic.
Organisations around the world are responding to the ongoing COVID-19 outbreak and looking to ensure they are well-prepared to deal with the legal and practical repercussions.
In our latest 15 minute podcast, a Partner from our Hong Kong office and Senior Associate from our Shanghai office discuss the legal and practical implications of the lockdown for employers in Hong Kong and China
Eversheds Sutherland’s Renewable and Transportation Fuels and Energy and Commodities Trading teams hosted a live Q&A conversation with Eversheds Sutherland Employment Partner Scott McLaughlin to discuss post-COVID-19 re-entry planning.
Listen to the first in a series of podcasts from our global Competition team, discussing the key competition law challenges faced by businesses as coronavirus impacts markets. In this episode, we discuss how competition authorities are adapting as businesses need to work together to ensure supply.
Due to a scrivener’s error in the Tax Cuts and Jobs Act (TCJA), Qualified Improvement Property ("QIP") was not designated as property with a useful life of 20 years or less, thus failing to qualify for the 100% bonus depreciation allowed in the TCJA. The CARES Act corrected this error retroactive to the TCJA enactment. Now that it’s been corrected, taxpayers must consider how to capture lost bonus depreciation.
Last week, the IRS released Rev. Proc. 2020-25, which sets forth the procedures for taxpayers seeking to implement the CARES Act’s Technical Correction for QIP. The revenue procedure allows a range of alternatives addressing elections, amended returns, and accounting method changes. Eversheds Sutherland attorneys, Ellen McElroy and Mike Resnick will discuss these new rules with the author of the revenue procedure, Kathleen Reed, Branch Chief, Office of Chief Counsel (IRS), Income Tax & Accounting.
Listen to a casual conversation with Duncan Riley, Director of the Conciliation Bureau at the NYC Department of Finance. We ask Duncan about his perspective on the Conciliation Bureau’s role in heading off litigation and resolving tax disputes, as well as the impact of COVID19 on his Department’s work.
Organisations around the world are responding to the ongoing CoVID-19 outbreak and looking to ensure they are well-prepared to deal with the legal and practical repercussions.
In our latest 10 minute podcast, a Principal Associate from our Riyadh office discusses the legal and practical implications of the lockdown for employers in the Kingdom of Saudi Arabia.
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
This podcast provides a five-minute review of the rules and unique issues that arise with "unforeseeable emergency" distributions of deferred compensation, including:
- what constitutes an unforeseeable emergency, and how is it different than a financial hardship under a 401(k) plan
- examples of circumstances that can and cannot trigger a distribution
- whether a plan document must include provisions for this type of distribution
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
A number of states provide immediate valuation relief for calamities and disasters. Learn how those special property tax relief provisions may apply to the disaster declarations concerning COVID-19 and how your company may benefit from those provisions.
Eversheds Sutherland attorneys Eric Tresh and Douglas Mo are joined by Fredrick J. Nicely, Senior Tax Counsel at Council On State Taxation for this presentation.
In Episode 3 of our series of M&A podcasts about COVID-19, corporate Partners Robin Johnson, Rachel Broquard, Jens Andre and Lance Phillips discuss the use of technology during the COVID-19 pandemic and any issues being faced in relation to due diligence when an M&A transaction is in process.
The recently enacted federal CARES Act makes significant changes to the I.R.C., including rolling back certain limitations on NOL utilization and increasing the interest expense limitation in I.R.C. § 163(j). Because of states’ differing rules on NOLs and conformity to the I.R.C., the CARES Act’s changes to the federal rules will have varying SALT implications. While designed to alleviate the economic repercussions of the COVID-19 pandemic, companies should consider the interaction of the changes made by the CARES Act with other provisions of the I.R.C. and states’ conformity therewith. Paramount is the interaction of the NOL and I.R.C. § 163(j) changes with companies’ GILTI calculation and states’ conformity to the I.R.C. § 250 deductions. This program will discuss these points and other SALT implications of the CARES Act.
What COVID-19 means to hackers, scammers, and fraudsters… In this podcast we discuss what measures you need to be taking to protect your data, intellectual property and brand. Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Organisations around the world are responding to the ongoing CoVID-19 outbreak and looking to ensure they are well-prepared to deal with the legal and practical repercussions. In our latest 10 minute podcast, two partners from our Milan office discuss the legal and practical implications of the lockdown for employers in Italy.
In Episode 2 of our series of M&A podcasts about COVID-19, corporate Partners Robin Johnson, Charles Butcher, Jeroen Hoekstra and Christof Lamberts discuss M&A activity in the Asia region and what other jurisdictions can learn in the context of the coronavirus pandemic.
This podcast provides a high-level overview of the Coronavirus Aid, Relief, and Economic Security (CARES) Act. In this Legal Insights Podcast, Michael Woodson and Maria Cristina Ortegon discuss:
- unemployment insurance benefits
- assistance with payroll
- loans available to employers
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Join us for the second webcast in a three-part series related to COVID-19 and its impact on the financial services industry. In this webcast, Eversheds Sutherland attorneys Cliff Kirsch, Brian Rubin and Issa Hanna will discuss:
- SEC and FINRA examination and enforcement priorities and processes
- remote working arrangements
- cybersecurity
- supervisory issues
- regulatory filing obligations
- Reg BI/Form CRS compliance
Recent events have stimulated a new examination of deal issues and agreement provisions specific to insurance M&A. In this Legal Insights Podcast, members of the Eversheds Sutherland (US) Insurance Transactions team convene to discuss selected issues affecting dealmakers and practitioners as they think about current, future and prospective transactions in the insurance space.
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Please join us for a Q&A session where we will discuss the CARES Act with a focus on tax provisions for insurance companies.
In the first of our M&A and COVID-19 series of podcasts Corporate Partners Robin Johnson, Richard Moulton and Stacey Kern are joined by Head of Investment Banking for the UK and the Nordics at Lincoln International, Phil McCreanor, to discuss how the COVID-19 crisis compares to those seen in 2001 and 2008, and how the M&A market will fare during and after the pandemic.
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Our London-based authorised funds team discuss some of the issues related to COVID-19 that have arisen in the past two weeks, and provide guidance on how to navigate them.
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Members of the Eversheds Sutherland derivatives team will address the impact of the COVID-19 pandemic on the global derivatives market:
- Whether and how a pandemic can trigger an Event of Default, Termination Event (e.g., a Force Majeure), Specified Condition or Disruption Event with respect to transactions documented under ISDA Master Agreements or Confirmations and collateralized under a related credit support document
- Regulatory and mechanical issues associated with taking action
- Implications of COVID-19 for futures and other cleared derivatives
- Regulatory relief afforded by the CFTC, SEC and NFA thus far
- Regulatory relief afforded in the EU and UK thus far
- Implications of COVID-19 for current derivatives work streams, including initial margin compliance and the LIBOR transition
Please submit your questions in advance as part of the registration process. You will also have the ability to submit questions live during the session.
Speakers:
James M. Cain | Email | +1 202 383 0180
Meltem F. Kodaman | Email | +1 202 383 0674
Raymond A. Ramirez | Email | 1 202 383 0868
Paul Denham | Email | +44 782 447 7487
Lizet T. Steele | Email | +1 202 383 0942
Please join us for a discussion of state and local tax legislative developments from 2020. We will discuss which state legislatures have adjourned or temporarily suspended their legislative sessions in response to the threat of COVID-19. Despite their adjournment, many tax bills were passed and several were still being actively considered. A numbers of states are expected to react to the economic slowdown. This webcast will provide an overview of recently enacted and pending legislation from this year’s legislative session including highlights such as:
- proposals to tax digital advertising
- proposals to tax digital goods and services
- combined reporting bills out of several states
Pensions unscripted: in this short podcast, François Barker and two partners explore the coronavirus outbreak and its implications for UK pensions. Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Join us for the first webcast in a three-part series related to COVID-19 and its impact on the financial services industry. In this webcast, Eversheds Sutherland Partners Olga Greenberg and Sarah Paul will discuss DOJ, SEC and FINRA investigations involving issues such as:
- investment scams
- fake charities
- price fixing/bid-rigging
- cybercrime
- Bank Secrecy Act (BSA)/Anti-Money Laundering (AML)
- insider trading
- failures to implement business continuity plans
- fraud targeting senior investors
This is the first in a three-part webcast series about regulatory and government investigations in a post-coronavirus world. The next two will explore SEC and FINRA priorities and customer-initiated litigation.
- Part II – Monday, April 6, 2020 at 12:00 – 1:00 p.m. ET (Speakers: Eversheds Sutherland attorneys Cliff Kirsch, Brian Rubin and Issa Hanna)
- Part III – Monday, April 13, 2020 at 12:00 – 1:00 p.m. ET (Speakers: Eversheds Sutherland Partners Bruce Bettigole and Larry Polk)
Market uncertainty, volatility, and interest rates near zero have made buyers and sellers rethink their ongoing and future M&A deals. You will hear the view of experienced M&A practitioners from Eversheds Sutherland offices around the world, who will be joined by the head of the asset management practice in Houlihan Lokey’s financial institutions group. We will be answering questions in real time on what buyers and sellers should focus on in the current environment, including: * What are the lessons from previous market disruptions – the dot.com bubble burst, SARS epidemic, 2008 financial crisis and Arab Spring? * What can buyers and sellers do to future-proof their deals now? * How can buyers terminate or renegotiate their existing deals? * How can sellers preserve the benefit of their bargain? * How should deals be structured to allocate risk appropriately? * How can business development professionals and M&A lawyers keep the deals coming?
We will send registrants an email on Friday, March 27 before the event with the link to the video webinar, and will follow-up with a video recording after the event. Please submit your questions in advance as part of the registration process. You’ll also be able to submit questions live during the session.
Listen to a replay of our live Q&A on COVID-19 and what to do in the current crisis for Health and Safety or HR professionals. This podcast is the first of our series which provided participants with the opportunity to ask questions to help address any legal and practical issues they have. This free clinic addressed the following topics: Risk assessments and travel; Employees with customer facing roles; and High risk environments. Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
This podcast provides a basic overview of what employers should consider when having employees work from home. In this Legal Insights Podcast, Michael Woodson and Deepa Menon discuss:
- properly recording hours for non-exempt employees working from home
- employers’ obligations regarding equipment and employee expenses
- protecting company property and information
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
We will address market volatility, disruption of the supply chain, the impact of a reduced workforce and workforce management on maintaining business operations, reducing power prices and power price forecasts, and understanding and accessing governmental support packages. We will answer your questions in real time, including those about the impact on:
- supply chain disruption
- force majeure
- power purchase agreements
- financing and tax equity financing
- tax credits/safe harbor
- mergers and acquisitions
- downward pressures on oil prices
Please submit your questions in advance as part of the registration process; there will also be the opportunity to submit questions live during the session.
Speakers:
JP Boutin | +44 292 047 8265 | Email
Mark Dennison | +44 20 7919 0919 | Email
Max Findeisen | +49 2 11 86 46 75 0 | Email
Dorothy Franzoni | +1 404 853 8489 | Email
Natascha Geraedts | +31 20 5600 692 | Email
Amish Shah | +1 202 383 0456 | Email
Madeleine Tan | +1 212 389 5006 | Email
Iwan Walters | +97 14 38 97 02 8 | Email
Tom Warren | +1 404 853 8548 | Email
Jay Ze | +86 10 6583 7388 | Email
We invite you to join Eversheds Sutherland and the Small Business Investor Alliance (SBIA) as we discuss how BDCs are responding to the effects of COVID-19, including:
- the latest guidance from the SEC related to BDCs because of COVID-19, such as:
- SEC disclosures and registrations
- annual meeting guidance
- board meeting considerations
- portfolio management and valuation
- existing and future leverage and funding
- current and future offerings
- implications for borrowings, dividends and repurchase programs
- legislative initiatives
Join our webcast for an overview of sales and use tax laws imposed on marketplaces. Nearly every state has enacted a marketplace collection statute, but there are many variations. This webcast will provide an overview of marketplace collection statutes, and describe their similarities and differences.
Listen to a replay of Eversheds Sutherland’s live video Q&A on the implications of coronavirus on global M&A in 2020. Featuring attorneys from the US, UK, Asia, Italy and The Netherlands, the group answers questions about issues facing M&A transactions and activity, including:
- Due diligence
- Business continuity plans
- Supply chain risks and alternatives
- Valuation
- Material Adverse Change clauses
- Satisfaction of other closing conditions and force majeure
- Indemnification
- Clauses and contracts
This podcast provides a basic overview of measures employers can take in the application interview process in response to COVID-19 (coronavirus). In this Legal Insights Podcast, Marlene Williams and Michael Woodson discuss:
- tips on screening applicants and questions that can be asked during the interview process
- in-person vs. video conference interviews
- delayed start dates for recent hires
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Following the ongoing 2019 Novel Coronavirus (COVID-19) outbreak, organisations around the world are looking to ensure they are well-prepared to deal with the legal and practical repercussions. In our latest 30 minute podcast, some of our international partners explore the legal and practical implications for employers in greater China, Europe and the UK.
We have also created an online hub to centralise our legal briefings to clients around the world. The hub will be updated regularly as we issue further briefings on the outbreak and also contains a podcast focusing solely on the US.
Speakers:
Jennifer Van Dale (Greater China)
Constanze Moorhouse (UK and Europe)
Marc Meryon (UK)
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
As we approach the filing date for the 2020 update season, advisers to private funds and BDCs are faced with a number of new regulatory requirements and related considerations as they prepare this year’s disclosures. Please join Eversheds Sutherland as we discuss:
- hot topics for advisers to BDCs and private funds
- the new Form CRS
- the SEC’s continuing scrutiny of compensation-related conflicts
- developments regarding proxy voting
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Join Eversheds Sutherland (US) attorneys Clifford Kirsch, Michael Koffler, John Walsh and Issa Hanna and Eversheds Sutherland (International) attorney Hannah Jones for the latest in our quarterly series of complimentary webcasts dedicated to issues affecting investment advisers. This webcast will focus on adviser regulatory developments and examinations and other important trends, including:
- SEC’s proposed amendments to the adviser advertising and cash solicitation rules
- SEC focus on cash sweep programs
- 2020 ADV update season / hot topics
- OCIE cyber risk alert
- SEC examination and enforcement update
- UK regulatory developments
This podcast provides an overview of basic precautions employers can take in responding to COVID-19 (coronavirus), as well as duties employers have under various federal employment laws when responding to the virus. In this Legal Insights Podcast, Marlene Williams and Michael Woodson discuss:
- tips on basic precautions employers can implement at their work sites to prevent the potential spread of the coronavirus
- available resources employers can use when making decisions that could affect their workforce
- employers’ duties under Occupational Safety and Health Act (OSHA), Family Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), Fair Labor Standards Act (FLSA) and National Labor Relations Act (NLRA) when responding to the coronavirus
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
This video is a discussion about the IFA USA Branch by its new president, Carol Tello, a partner in the Tax Practice Group at Eversheds Sutherland (US) LLP and Brian Tschosik, an associate in the Tax Practice Group.
In this Bottom Line videocast, Carol Tello and Brian Tschosik discuss:
- Carol Tello’s election as the first woman president of the USA IFA Branch
- USA IFA, a 1,000 member organization, is one of approximately 68 national branches with a total of approximately 12,500 members worldwide
- The benefits of IFA membership
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
The last few years have seen a number of regulatory initiatives which will have a significant impact on annuity products. These initiatives are advancing by state insurance regulators as well as the SEC.
In this Bottom Line videocast, Dodie Kent and Clifford Kirsch discuss:
- the continued emergence of registered index linked annuity products
- the NAIC’s amended Suitability Rule
- the SEC’s variable product summary prospectus and new disclosure regime rulemaking
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
The quarterly Eversheds Sutherland SALT Scoreboard tallies significant state and local tax litigation wins and losses. Twice each year, Eversheds Sutherland releases a videocast analyzing recent results.
In this Bottom Line videocast, Charles Capouet and Samantha Trencs discuss:
- the overall results for 2019, including a breakdown of corporate income tax and sales and use tax case results
- comparisons with the results from prior years
- significant Q4 2019 cases, including Matter of Mackenzie Hughes LLP v. New York State Tax Appeals Tribunal
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Asset managers will need to consider how FinTech developments impact their business model in 2020, including developments related to digital asset securities, cryptocurrency-based ETFs and blockchain.
In this Bottom Line videocast, Jamie Cain and Ben Marzouk discuss:
- blockchain use in the financial services and asset management industries
- custody issues related to digital asset securities
- automated FinTech solutions, including robo-advice and AML/KYC onboarding
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Investor access to private funds is expanded under the SEC’s proposed rule amending the "accredited investor" definition.
In this Bottom Line videocast, Michael Voynich and Nicholas Rinaldi discuss:
- the impact to Regulation D based on the proposal’s new categories of individuals and entities that would qualify as accredited investors
- how the exempt offering network operates today and how the definition seeks to harmonize the industry
- why the wealth analysis of natural persons should be only a starting point in determining who is an accredited investor
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
In 2020, state and local tax practitioners have witnessed the emergence of a new trend: the proposed taxation of advertising services and data usage. In this Bottom Line videocast, Charles Capouet and Samantha Trencs discuss:
- the proposed Maryland tax on gross revenues from digital advertising services
- potential expansions of the Nebraska and South Dakota sales taxes
- proposals for new taxes on data and data mining in New York and West Virginia
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
On February 19, 2020, the IRS issued two pieces of long-anticipated guidance on Section 45Q, Carbon Capture and Sequestration credits.
In this Bottom Line videocast, Susan Lafferty and Amish Shah discuss:
- Section 45Q Carbon Capture and Sequestration credit
- Beginning of Construction Guidance—Notice 2020-12
- Partnership Allocation Guidance—Revenue Procedure 2020-12
- Expected future guidance
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Getting in the know. In this Bottom Line videocast, Michael Koffler discusses Advisers Act regulatory developments, including:
- modernization of the Advisers Act Custody Rule
- SEC guidance on proxy voting responsibilities of advisers
- Global Investment Performance Standards (GIPS) 2020
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
In this Bottom Line videocast, Issa Hanna and Pooja Kohli discuss what to expect in 2020 on standard of conduct developments for broker-dealers and investment advisers, including:
- anticipated developments relating to the SEC’s Regulation Best Interest
- the paths forward for the proposed state fiduciary rules
- areas of enhanced regulatory focus under the Advisers Act Fiduciary Duty
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
The SEC’s Division of Enforcement is likely to be active in 2020, investigating several issues important to broker-dealers and investment advisers.
In this Bottom Line videocast, Brian Rubin and Adam Pollet discuss:
- cash sweeps and reverse churning
- retirement plans and 403(b) and 457 plans
- Regulation Best Interest
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Pensions unscripted: in our latest 13 minute podcast, François Barker and two partners explore the future of pensions.
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
PROPcasts focus on the UK real estate law that you practically need to know in advising your business. As an occupier of business premises you will appreciate that tax might be payable when you "hold over" under your existing lease or take a second lease. But the rules around SDLT on lease renewals are complex and opaque. In this PROPcast we will endeavor to explain the factors that are taken into account when calculating the tax due – and why sometimes there’s no tax to pay and sometimes more than you thought.
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Regulators are increasing pressure on financial institutions to demonstrate that they are proactively addressing the transition away from the London Interbank Offered Rate (LIBOR). The New York State Department of Financial Services’ request at the end of last year adds to the chorus of regulators concerned that insufficient preparations for the transition to alternative rates could have a negative impact on the safety and soundness of the financial markets generally and adversely affect the financial condition of individual financial institutions with LIBOR exposure.
In this Bottom Line videocast, Jamie Cain and Lizet Steele discuss:
- financial institutions that are not already preparing for the transition away from LIBOR are feeling pressure from regulators to start doing so immediately
- regulators in the United States and abroad have requested that financial institutions submit LIBOR transition plans and/or indicate that the transition away from LIBOR will be an examination priority in 2020
- while certain issues with respect to the transition are still being addressed and debated, standing by to await resolution of these issues is no longer a viable option for financial institutions with LIBOR exposure
Since the recording of this videocast, the NYDFS has extended the deadline for submitting information regarding LIBOR transition plans to March 23, 2020.
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
PROPcasts will focus on the UK real estate law that you practically need to know in advising your business. The opportunity to take newly built or refurbished office space comes with complications as well as advantages. In this 30-minute session Lucy Chadwick will consider the construction aspects a tenant should consider when negotiating an agreement for lease for such space – the must-haves, the nice-to-haves and the knock-on effects for the lease itself.
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
PROPcasts will focus on the European real estate law that you practically need to know in advising your business. In this episode we will continue to discuss the key points to take into account when considering to take a new lease of commercial office space in the major European cities, including Amsterdam, Berlin and Paris – lease assignment or subletting, operational requirements, rights to use areas outside the property, dealing with difficult landlords, landlords’ rights over the property and finally, the tenants’ rights to alter the property.
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
PROPcasts focus on the UK real estate law that you practically need to know in advising your business. Options, pre-emptions and rights of first offer are all common methods of securing the possibility of expansion space. In this PROPcast we will compare and contrast the advantages, disadvantages and complications of the different contractual arrangements and consider which might best suit particular circumstances. Or even if they’re worth having at all.
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
PROPcasts will focus on the European real estate law that you practically need to know in advising your business. Our first PROPcast will focus on the major European cities, including Amsterdam, Berlin, London and Paris, where the demand for commercial space is high and landlords have a strong negotiating position. In this episode, we will highlight the key clauses for an occupier to consider when taking a new lease of commercial office space in these jurisdictions – title investigation, usual costs, types of rent payable, length of leases, termination rights and security of tenure.
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Hear how proposed changes to the Advertising Rule and the Solicitation Rule under the Investment Advisers Act could affect private funds and their sponsors.
In this Bottom Line videocast, Michael Koffler and Michael Voynich discuss:
- a brief history of the current rules and the proposed changes to the Advertising Rule and the Solicitation Rule
- the implications of those proposed changes
- the impact such changes will likely have, including on private funds, their sponsors and placement agents engaged by private funds
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Form ADV update season is now upon us, and as many investment advisers work toward the quickly approaching filing deadline, they will also have to grapple with a regulatory environment that is putting even more pressure on conflicts disclosure.
In this Bottom Line videocast, Clifford Kirsch and Issa Hanna discuss:
- the SEC’s intense scrutiny of conflicts disclosure
- disclosure areas of focus for SEC examination and enforcement staff
- the interplay between Form ADV Part 2A and Form CRS
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Join Eversheds Sutherland Partners Clifford Kirsch, Carol McClarnon and Mark Smith as they discuss issues relevant to advisers to bank collective investment trusts. The webcast will focus on the growing interest of advisers with respect to CITs and will cover tips and traps for advisers entering this area. Topics that will be discussed include:
- Available SEC exceptions from registration
- Regulation under OCC Part 9
- The differences and similarities between common and collective funds
- The role of ERISA
- Advisers Act considerations
FINRA has identified several items in the SEC’s Regulation Best Interest (Reg BI) that it will examine for in the first half of 2020 as firms prepare for Reg BI compliance.
In this Bottom Line videocast, Susan Krawczyk and Holly Smith discuss:
- FINRA’s 2020 Priorities Letter
- the nine items FINRA has targeted for Reg BI preparedness
- the emphasis on recommendation-related factors in preparing for Reg BI
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
In 2020, investment companies should be prepared for important compliance deadlines and likely US Securities and Exchange Commission (SEC) rulemakings.
In this Bottom Line videocast, Cynthia Beyea and Ronald Coenen Jr. discuss:
- upcoming compliance deadlines for the ETF rule and Form N-PORT
- likely final rulemakings in 2020
- likely proposed rulemakings in 2020
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Over the next year, the Department of Labor (DOL) will likely be issuing guidance in a number of areas that could impact asset managers and financial services companies.
In this Bottom Line videocast, Carol McClarnon and Laura Taylor discuss:
- third time’s the charm – what the latest version of the DOL fiduciary rule could look like
- the impact of the end of 2019 SECURE Act and need for conforming regulations
- proxy voting regulations
- the missing "missing participant" guidance
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Pensions unscripted: in this short podcast, François Barker and two partners explore the issue of DB to DC pension transfers.
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
In this Bottom Line videocast, Meltem Kodaman and Lizet Steele forecast the Commodity Futures Trading Commission’s regulatory priorities of 2020, including:
- financial end-users will be phased in for purposes of the initial margin requirements for uncleared swaps
- finalizing position limits rules will be a top priority for the CFTC
- cross-border and post-trade name give-up proposals
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
We joined with 20-20 Trustees, Cardano and Lincoln Pensions to discuss a range of topical issues facing DB pension schemes in light of recent guidance from the UK Pensions Regulator and legislative changes. Listen for legal, professional trustee, investment and covenant views from this diverse panel.
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Join Eversheds Sutherland attorneys Clifford Kirsch, Michael Koffler, John Walsh, Issa Hanna and Ben Marzouk for the latest in our quarterly series of complimentary webcasts dedicated to issues affecting investment advisers. This webcast will focus on adviser regulatory developments and examinations and other important trends, including:
- SEC’s proposed amendments to the adviser advertising and cash solicitation rules
- SEC staff adviser compensation FAQ
- SEC focus on Cash Sweep Programs
- Planning for the 2020 ADV Update Season
- SEC examination and enforcement update
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Dramatic changes are on the horizon for the most widely used benchmark for interest, investment and derivatives rates: the London Interbank Offered Rate (LIBOR). As a result, a broad swath of market participants, including lenders, borrowers, debt issuers, investors and derivatives counterparties are (or should be) evaluating the consequences of the potential cessation of LIBOR. This webcast discusses regulatory and industry efforts to prepare for the anticipated changes to LIBOR, focusing on US Dollar LIBOR, from the perspective of entities that are either or both borrowers and lenders, including business development companies (BDCs) and other private credit funds. The webcast will focus on:
- recent trends, developments and current timeline
- what issuers, lenders and borrowers should be doing to prepare for the cessation of LIBOR
- industry association and working group documentation solutions for legacy agreements and agreements going forward
Beginning June 2020, the SEC will require most broker-dealers and investment advisers to file and deliver a Form CRS to new, prospective and existing customers and clients. As firms begin to prepare Form CRS, much attention should be given to the delivery requirements.
In this Bottom Line videocast, Holly Smith discusses:
- quick facts about Form CRS
- how to deliver Form CRS
- when to deliver Form CRS
- steps to take when preparing to deliver Form CRS
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
The SEC’s new Regulation Best Interest will require broker-dealers to make account recommendations in their customers’ best interest.
In this Bottom Line videocast, Susan Krawczyk and John Walsh discuss:
- the standard in Regulation Best Interest governing account recommendations
- what types of account recommendations are covered
- what broker-dealers need to do to get ready for the new standard
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Firms that are dually-registered are subject to special considerations under the SEC’s new Regulation Best Interest when offering both advisory and brokerage accounts.
In this Bottom Line videocast, Clifford Kirsch and Pooja Kohli discuss:
- the capacity disclosures a dual registrant must make
- what Form CRS should look like for dual registrants
- what dual registrants must consider when making account type recommendations
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Presenters:
Clifford Kirsch | Email | +1.212.389.5052
Pooja Kohli, Litigation Specialist | Email | +1.212.389.5037
Alex Batlin, CEO and Founder of Trustology explains everything from making crypto custody an enterprise play, to the new Hong Kong rules for asset managers and the rise of DeFi. For more information on Trustology and their unique custodial wallet solutions, please visit their website at trustology.io.
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Recent SEC rulemaking and guidance heightened retail broker-dealer and investment adviser investment recommendation and advice standards and created certain compliance obligations with respect to account monitoring. Firms that provide account monitoring services should ensure their practices encompass recent developments.
In this Bottom Line videocast, Michael Koffler and Nicholas Rinaldi discuss:
- broker-dealer account monitoring and recommendations under the solely incidental prong of the broker-dealer exclusion to the Advisers Act
- Regulation Best Interest’s impact on both implicit and explicit investment recommendations
- how an investment adviser may satisfy the duty of care when monitoring a client’s account
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
The SEC’s new Regulation Best Interest imposes additional recordkeeping requirements on broker-dealers. These additional recordkeeping requirements will need to capture all information collected from and provided to retail customers in connection with Regulation Best Interest, and broker-dealers may need to build new or modify existing recordkeeping systems to capture all the required information.
In this Bottom Line videocast, Eric Arnold and Ben Marzouk discuss:
- the SEC’s new Regulation Best Interest recordkeeping requirements and related retention periods
- how firms can leverage their existing records to satisfy the new requirements
- what new records firms will need to capture in order to comply with Regulation Best Interest
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
The SEC’s new Regulation Best Interest will require broker-dealers to consider whether their existing investment platforms are designed to result in recommendations to retail customers that are in such customers’ best interests.
In this Bottom Line videocast, Cliff Kirsch and Issa Hanna discuss:
- the changes that broker-dealer firms might have to make to their investment platforms in light of SEC Regulation Best Interest
- whether firms can continue to place limits on their investment platforms after the effective date of Regulation Best Interest
- how we expect SEC and FINRA examination and enforcement staff to approach the regulation of investment platforms after SEC Regulation Best Interest becomes effective
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
In this Bottom Line videocast, Stefanie Wood and Brian Tschosik highlight the changes to US income tax treaties implemented by recently ratified treaty protocols between the United States and Luxembourg, Japan, Spain and Switzerland. Specifically, this videocast discusses the material provisions of the protocols, including:
- exchange of information provisions
- mandatory arbitration procedures
- updates to rates of withholding tax
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
On September 6, 2019, nearly concurrently with the issuance of proposed regulations under sections 451(b) and (c), the IRS and Treasury issued Rev. Proc. 2019-37, long-awaited administrative guidance regarding the new income recognition and advance payment rules. Since the TCJA’s changes to the historic income recognition and advance payment rules, taxpayers have been hopeful for administrative guidance to provide clarity regarding the implementation of the new rules.
In this Bottom Line videocast, Ellen McElroy and Mike Resnick discuss:
- the automatic accounting method changes provided by Rev. Proc. 2019-37
- critical aspects of the new guidance that taxpayers need to pay particular attention to in changing their applicable methods of accounting
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
On September 5, 2019, along with proposed regulations under section 451(b), the IRS and Treasury issued long-awaited proposed regulations under section 451(c). Since the TCJA’s addition of section 451(c) to the Code, taxpayers have been anticipating the arrival of proposed regulations to provide clarification and guidance needed to properly implement the new rules for advance payments.
In this Bottom Line videocast, Ellen McElroy and Mike Resnick discuss:
- the new income deferral provision under section 451(c)
- a summary of the proposed regulations under section 451(c)
- critical aspects of the proposed regulations that taxpayers need to pay particular attention to in their implementation of the new rule
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
On September 5, 2019, along with proposed regulations under section 451(c), the IRS and Treasury issued long-awaited proposed regulations under section 451(b). Due to the significant changes to income recognition under section 451(b), taxpayers were hopeful the proposed regulations would provide them the clarification and guidance needed to properly implement the new income recognition standard.
In this Bottom Line videocast, Ellen McElroy and Mike Resnick discuss:
- the new income recognition standard under section 451(b)
- a summary of the new proposed regulations under section 451(b)
- critical aspects of the new proposed regulations that taxpayers need to pay particular attention to in their implementation of the new standard
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Join Eversheds Sutherland (US) attorneys Clifford Kirsch, Michael Koffler, Issa Hanna and Ben Marzouk and Eversheds Sutherland (International) attorney Hannah Jones for the latest in our quarterly series of complimentary webcasts dedicated to issues affecting investment advisers. This webcast will focus on adviser regulatory developments and examinations and other important trends, including:
- SEC’s proposed proxy rules
- SEC’s adviser fiduciary interpretation
- OCIE risk alert on firms with supervised persons with disciplinary history
- SEC enforcement update
- UK update: FCA’s Asset Management Market Study
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Taxpayers may want to take advantage of the reopening of the Compliance Assurance Process (CAP) by the IRS Large Business and International Division (LB&I). Eligible companies can now apply for the popular program once again.
In this Bottom Line videocast, Eversheds Sutherland attorneys Susan Seabrook and Daniel Strickland discuss:
- eligibility requirements
- application process overview
- pros and cons of participation for taxpayers
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
The IRS recently released proposed regulations under section 861 that address digital transactions. This Bottom Line videocast discusses:
- the proposed expansion of the scope of existing Treas. Reg. § 1.861-18, which focuses on the classification of transactions involving computer programs, to apply to all transfers of "digital content";
- the sourcing rules applicable to such transfers; and
- Prop. Treas. Reg. § 1.861-19, which provides guidelines for classifying cloud transactions as either services or as a lease.
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Brexit is a boring tea break compared to the radical changes a Corbyn government would bring. As John McDonnell has said, Labour aims at nothing less than "an irreversible shift in the balance of wealth and power in favour of working people."
This redistribution of resources would revolutionise UK society and our real estate markets. Despite an incipient breakaway, Labour continues to present a potentially lethal threat to the Conservatives in the opinion polls and (as June 2017 showed) at general elections.
Bruce Dear, our Head of London Real Estate has made a special study of Labour's policies and will discuss the risks and opportunities of a Corbyn government — and how to plan for it.
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
The quarterly Eversheds Sutherland SALT Scoreboard tallies significant state and local tax litigation wins and losses. In this Bottom Line videocast, Eversheds Sutherland attorneys Charles Capouet and Justin Brown discuss the results from the first two quarters of 2019, including:
- how taxpayers have fared in litigation in the first two quarters of 2019 compared to 2016, 2017 and 2018
- three of the main cases from the second quarter of 2019: North Carolina Department of Revenue v. Kimberley Rice Kaestner, Franchise Tax Board of California v. Hyatt, and Department of Revenue v. Agilent Technologies, Inc.
- the recent Cook County Circuit Court decision, Mercury Sightseeing Boats, Inc. v. County of Cook, in which the court determined that the Department of Revenue violated the taxpayer’s procedural due process rights.
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Businesses incur a great amount of time and cost in instructing agents, searching out properties and negotiating heads of terms. This UK real estate law 30-minute episode will touch on some of the key title points that should be considered during this process. The negotiation stage may not be the time for an exhaustive examination of the title but, by identifying major issues early on, the tenant might avoid wasting time and cost getting to the legal stage for a deal that cannot be done.
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Novel forms of occupational arrangements give rise to legal issues beyond the traditional landlord and tenant. In this UK real estate law 30-minute session we will be discussing the law to take into account when considering co-working arrangements.
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
In this UK real estate law 30-minute session we will have a review of MEES one year after their introduction. We will discuss the changes in law, the trends in lease drafting and the emerging ways of managing MEES issues.
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Overage, clawback, additional consideration. No matter what you call it, overage can be an essential part of any disposal strategy. In this UK real estate law 30-mintue session, we will be considering what role overage plays, how it is triggered and calculated, and what needs to be done to protect the value it represents.
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Contractual options to renew leases are becoming more common. They offer a tenant certainty that the protection of the Landlord & Tenant Act 1954 might not. In this UK real estate law 30-minute session we will discuss the pros and cons of such renewal options for both landlords and tenants and the legal and practical issues that both should consider.
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Developments in Payment services and Crypto assets as well as discussing the findings coming out of the latest FCA guidance and what it means for payment services.
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Join Eversheds Sutherland lawyers Clifford Kirsch, Michael Koffler, Carol McClarnon, Brian Rubin and Adam Pollet for a complimentary webcast dedicated to the Certified Financial Planner Board of Standards’ (CFP Board’s) new standard of conduct rules and related considerations for broker-dealers and investment advisers.
The CFP Board’s newly adopted comprehensive standard of conduct rules impose stringent requirements on Certified Financial Planner (CFP) certificants. These new standards go into effect on October 1, 2019.
This webcast focuses on the impact of these rules on broker-dealers (BDs) and investment advisers (IAs) whose associated persons maintain the CFP designation. In particular, we will examine:
- What do the new CFP Code of Ethics and Standards of Conduct require?
- What factors should a broker-dealer or an investment adviser consider in managing CFP designations for BD-registered representatives or IA-supervised persons?
- Are there policies and procedures that BDs and IAs should consider with respect to their CFP professionals?
- Status of CFP certificants as ERISA fiduciaries
- Litigation and FINRA arbitration considerations
Join Eversheds Sutherland lawyers Clifford Kirsch and Ben Marzouk for a complimentary webcast dedicated to the SEC’s new standard of conduct rules and related considerations for bank-affiliated broker-dealers (BDs) and investment advisers (IAs).
The US Securities and Exchange Commission (SEC) has adopted its comprehensive standard of conduct rules, forms and interpretations for broker-dealers and investment advisers. These new rules include the SEC’s Regulation Best Interest and Form CRS, both of which significantly impact the responsibilities of retail securities distributors.
This webcast focuses on the impact of these rules on bank-affiliated broker-dealers and investment advisers. In particular, as a result of the SEC’s new standard of conduct rulemaking and other fiduciary developments, we will examine:
- conflict disclosures that are unique to bank-affiliated firms
- sales contests, quotas, and non-cash compensation received in the bank-affiliated distribution channels
- third-party compensation or "revenue sharing" received by bank-affiliated firms, and related disclosures of such payments
- managing Certified Financial Planner (CFP) designations for BD registered representatives or IA supervised persons
- policies and procedures that should be uniquely tailored to bank-affiliated firms.
Launching the first in a series of crypto legal update podcasts which keep you up to date with the latest changes and upcoming developments in crypto assets and how it impacts business.
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
The global commercial landscape changes weekly. The ongoing trade war between the United States and China, uncertainty over Brexit, US-Mexico immigration and border issues, and US sanctions all serve to impact production costs, disrupt supply chains and complicate the prospects for foreign investment. This dynamic environment makes cross-border trade, the lifeblood of diversified industrial companies, an increasing challenge.
Join our US international trade attorneys Mark Herlach, Jeff Bialos and Vedia Biton Eidelman, along with UK Partner James Lindop, who will discuss the impact of the current global trade environment on diversified industrial and manufacturing clients and how companies can stay ahead of these issues and navigate the changing terms of international business.
Join Eversheds Sutherland attorneys Clifford Kirsch, Michael Koffler, John Walsh, Issa Hanna and Ben Marzouk for the latest in our quarterly series of complimentary webcasts dedicated to issues affecting investment advisers. This webcast will focus on adviser regulatory developments and examinations and other important trends, including:
- SEC’s final standard of conduct rules
- The Robare ruling regarding "may" disclosures and "willfulness"
- State securities initiatives
- The SEC’s MMI no-action letter – mutual fund prospectus delivery
- OCIE risk alert on cloud-based storage electronic communications
Join Eversheds Sutherland attorneys on Friday, June 7, at 11:00 a.m. for a 30-minute briefing call to discuss our initial observations on key aspects of the SEC’s new rule set relating to the standards of conduct applicable to financial professionals, released Wednesday, June 5.
In case you missed it, we outlined many of the open questions about the rule set we anticipated that the SEC would address in our Legal Alert: Counting down to June 5.
In this second episode of a two-part webcast addressing the legal implications of biometrics, Eversheds Sutherland attorneys will discuss compliance and litigation defense strategies for companies that use biometric data – fingerprints, retina scans, voice recognition and the like. The collection and use of biometrics is on the rise across all industries, and consumers and employees are increasingly concerned about the potential harm that can result if their biometric information is compromised. At the same time, one state’s supreme court has opened the door to a wave of lawsuits arising from alleged violations of the Biometric Information Privacy Act (BIPA), leading to class action litigation against companies of all types and sizes.
This webcast will focus on:
- existing statutes governing how companies must handle biometric information
- proactive, practical and effective strategies for complying with these existing statutes
- litigation defense strategies and tactics for companies facing class action lawsuits arising from violations of BIPA
- state and federal legislative updates and observations on biometric data usage around the US
View the first episode of the webcast.
The federal Renewable Fuel Standard and various state Low Carbon Fuel Standards have transformed the way transportation fuels are produced and marketed. This rapid transformation continues today, as more anaerobic digester projects come online to supply renewable natural gas into the transportation fuel markets, all of which are seeking increasing volumes of sustainable, low-carbon fuels.
Join Eversheds Sutherland attorneys Susan Lafferty and David McCullough, as well as Marathon Capital director Scott Chabina as they share their views from the front line regarding the RNG transformation, the future of investment into RNG and biogas projects, as well as the unique value proposition these projects present from both an environmental and economic perspective.
Please note that this will be the first in a series of timely webcasts on crucial issues pertaining to the renewable fuels industry and the broader bio-economy.
In this podcast, our state team discusses a Tennessee letter ruling concerning sales and use tax treatment of bundled transactions.
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
In this Bottom Line videocast, Eversheds Sutherland’s Carol McClarnon and Laura Taylor discuss ERISA planning considerations for 2019, including:
- basic ERISA compliance
- Department of Labor regulatory examinations
- data privacy and cybersecurity considerations
- an ERISA litigation update
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
In this bottom line videocast, Eversheds Sutherland’s Taylor Kiessig and Katie Sint* provide key takeaways from the proposed section 250 regulations, including:
- calculation of FDII and the section 250 deduction
- types of transactions that qualify
- documentation rules
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
*Not admitted to practice. Application submitted to the District of Columbia Bar.
Following a merger or other corporate acquisition, one of the most critical questions is the harmonization or separate operation of the employee benefit plans of the respective organizations. This joint webcast with Milliman and Eversheds Sutherland will address some of the important legal and practical considerations employers must take into account, including:
- assessing the value and costs of respective benefits packages
- hot-button legal issues like non-discrimination testing and anti-cutback rules
- alternative models for integrating specific types of plans
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
The quarterly Eversheds Sutherland SALT Scoreboard tallies significant state and local tax litigation wins and losses. In this Bottom Line videocast, Charles Capouet and Chelsea Marmor share 2018 year-end observations, including:
- the overall results for 2018, including a breakdown of corporate income tax and sales and use tax case results
- comparative results from 2016-2018
- significant Q4 2018 cases, including Canon Financial Services, Inc. v. Director, Division of Taxation
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Join Eversheds Sutherland (US) attorneys Clifford Kirsch, Michael Koffler, John Walsh, Issa Hanna and Ben Marzouk and Eversheds Sutherland (International) attorney Hannah Jones for the latest in our quarterly series of complimentary webcasts dedicated to issues affecting investment advisers. This webcast will focus on adviser regulatory developments and examinations and other important trends, including:
- the 2019 ADV update season
- SEC’s Share Class Selection Disclosure Initiative
- OCIE risk alert on electronic communications
- update on fiduciary duty initiatives
- developments regarding custodial practices
- GDPR and related developments regarding SEC registration of European-based advisers
- hot topics in the UK – the FCA’s Asset Management Market Study and Brexit
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
In this podcast, our state team discusses how many state tax incentives are now taxable due to federal tax reform.
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
In this podcast, our state tax team discusses a matter where New Jersey upheld an assessment addressed to the wrong taxpayer and routed to the wrong location.
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
With 2019 underway, regulatory developments governing broker-dealer and investment adviser standards of conduct continue to advance on a number of fronts. Join Eversheds Sutherland for a webcast discussing steps that broker-dealers and investment advisers should take as they begin to plan for the patchwork of best interest standards. The webcast will focus on:
- The SEC's proposed standards for broker-dealers and investment advisers
- Nevada’s proposed fiduciary regulations
- Maryland's fiduciary bill
- The impact of New York Insurance Regulation 187 and its influence on broker-dealer sales of annuities
In this topical podcast, Mark Chester (Partner, Data Centers) and Gayle MacFarlane (Partner, Company Commercial) delve deeper into GDPR in the context of Brexit, and the key implications for Data Center (DC) operators.
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
In this topical podcast, Mark Chester (Partner, Data Centers) and Gayle MacFarlane (Partner, Company Commercial) discuss what the issues a Data Center (DC) operator needs to think about from a GDPR perspective.
Discover more of the latest legal news and topics discussed by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
In this podcast, our state tax team discusses state tax considerations relating to investments in federal qualified opportunity zones.
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
In this podcast, our state tax team discusses New York guidance regarding the apportionment treatment of GILTI income.
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Open Banking has the potential to transform the financial services ecosystem. New players in the market can use data shared through Open Banking to compete with incumbent providers and to provide targeted advertising. Open Banking also creates a wealth of opportunities for new and incumbent providers, as they seek to provide new services and to enhance existing services for their customers.
Open Banking is well underway in the EEA. How will Open Banking affect the US market, and what lessons can be learned from Open Banking in the EEA?
Join Eversheds Sutherland attorneys Brian Barrett, Richard Jones, Robert Pile, Ruth Fairhurst and Hannah Winiarski on February 7 as they explore the impact of Open Banking in the US, share their experience with Open Banking in the EEA, and dive into the challenges and opportunities which Open Banking presents for providers of financial services, including banks, fintech companies, payments companies, asset managers and insurers.
In this podcast, our state tax team discusses New Jersey guidance regarding the apportionment treatment of GILTI income.
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
In this podcast, our global IP team discuss innovative brand protection, including changes to the EU graphical representation requirements, recent innovative trademark applications covering the use of colours, positional marks, motion marks and fluid marks to build a brand identity.
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
In this topical podcast, our global IP team discuss the recent GNC v. Holland & Barrett case and the lessons learned, including tips on drafting a trademark license.
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Proposed regulations on foreign tax credits (FTCs) provide necessary guidance on how to characterize the stock of a controlled foreign corporation (CFC) for purposes of apportioning interest expense.
This Bottom Line videocast discusses:
- the significance of CFC stock characterization for interest expense apportionment
- the proposed new framework for CFC stock characterization
- where does this leave you?
Related content:
- Legal Alert: Allocation, apportionment and attribution, oh my – Proposed foreign tax credit regulations provide critical guidance
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Eversheds Sutherland Partners Steve Boehm and Cynthia Krus hosted a "BDC year-end round-up" quick call on December 19, 2018. The call covered topics of interest to BDCs, including:
- two recent SEC enforcement actions targeting BDCs
- the latest developments related to BDC compliance
- the regulatory and legislative outlook for BDCs as we look towards 2019
The November 26, 2018, release by the Internal Revenue Service of proposed regulations (REG-106089-18) related to IRC § 163(j) has provided some clarity for federal income taxpayers. But the regulations’ treatment of federal consolidated groups gives rise to complexities and questions as to how the limitation will operate at the state level.
This Bottom Line videocast includes:
- an overview of IRC § 163(j)
- key elements of the proposed regulations
- important SALT considerations
Related content
- Legal Alert: INXS? IRS issues proposed regulations under section 163(j)
- Legal Alert: Consolidated complexities – state corporate income tax implications of I.R.C. § 163(j)
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
In this topical podcast, our global IP team discuss the likely impact Brexit will have on intellectual property, including: trademarks, registered community designs, patents, copyrights, domain names and IP litigation.
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
Recently proposed regulations (REG-106089-18) provide needed guidance to the broadly applicable limitation on business interest expense under IRC § 163(j).
This Bottom Line videocast includes key elements of the proposed regulations, such as:
- adoption of a broad definition of "interest"
- treatment of historic carryforwards and coordination rules
- clarification of the application of section 163(j) to consolidated groups, pass-through entities, non-US entities, and excepted trades or businesses
Related content
- Legal Alert: INXS? IRS issues proposed regulations under section 163(j)
- Legal Alert: Proposed 163(j) regulations provide needed guidance to utilities
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
In this topical podcast, our global tax team discusses the likely impact the recent US tax reforms will have for multinationals. Join Eversheds Sutherland Legal Insights Podcast Channel.
On December 6, please join Eversheds Sutherland attorneys Clifford Kirsch, Michael Koffler, Issa Hanna and Ben Marzouk for the latest in our quarterly series of complimentary webcasts dedicated to issues affecting investment advisers. This webcast will focus on adviser regulatory developments and examinations and other important trends, including:
- The SEC staff’s cash solicitation alert
- Preparing for your firm’s 2019 ADV update
- Update on fiduciary duty initiatives
- GIPS 2020
- Exam and enforcement developments
- A look ahead: The 2019 regulatory agenda
Discover more of the latest legal news and topics discussed by our attorneys by subscribing to the Eversheds Sutherland Legal Insights Podcast Channel.
The time to feed into the FCA’s interim report on the review of the Consumer Credit Act retained provisions has now passed. In this podcast, Naomi Seward, a new partner within the Retail Finance team, shares some of the concerns and issues raised by the industry on the FCA’s proposals as set out in the report.
Global equity plans present unique challenges, including a constantly changing legal landscape. In this webcast, we will feature experts throughout Europe and the US to explain the cutting-edge issues facing companies with multijurisdictional stock plans. Please join Brenna Clark, Marcello Floris, Mathew Gorringe, Vincent Roulet, James Ruane and Luis Aguilar, who will focus on the following:
- recent changes to the securities laws across Europe and the impact that this may have for global share plans
- the impact of the General Data Protection Regulation (GDPR) on the operation of global share plans in Europe
- clawback provision in global share plans and their effectiveness with views from the US, UK, Spain, France and Italy
As 2018 concludes, regulatory developments governing broker-dealer and adviser standards of conduct continue to advance on a number of fronts. Join Eversheds Sutherland for a webcast discussing steps investment advisers and broker-dealers should take as they begin to plan for the patchwork of best interest standards. The webcast will focus on:
- The SEC's proposed standards for broker-dealers and investment advisers
- The impact of New York Insurance Regulation 187 and its influence on broker-dealer sales of annuities
- State securities and insurance developments – including the NAIC Annuity Suitability rule revisions and state securities developments in Nevada and New Jersey
- Possible DOL rulemaking
In October 2018, the Treasury released proposed regulations related to the Opportunity Zone program (sections 1400Z-1 and 1400Z-2), which was enacted to promote investments in certain low-income communities by providing investors tax incentives.
This Bottom Line videocast discusses:
- the new opportunities provided by sections 1400Z-1 and 1400Z-2
- tax incentives of the program, including gain deferral, reduction of gain amount and elimination of tax on post-acquisition appreciation
- the building blocks of the Opportunity Zone program
In this podcast, we cover the FCA's draft guidance into unfair variation terms with consumers, which was issued in May 2018. This podcast is relevant to all financial institutions that deal directly with consumers and products that are relevant, including bank accounts, personal loans, insurance and investments. The final guidance is expected in early 2019.
Biometric data (fingerprints, retina scans, voice recognition and the like) are used to identify an individual using that person’s unique biological characteristics. No longer a thing of the future or portrayed in an episode of Mission Impossible, private companies and the government collect and use biometric data for a variety of reasons. The use of biometric data ranges from the mundane—tracking employees or serving as a substitute for a typed password log-in on a mobile phone—to the more sophisticated—enhancing national security by monitoring individuals’ whereabouts. Unlike other forms of personal data that have been breached, biometric data cannot be changed, and therefore its theft could give rise to a host of common law claims against the parties responsible for holding it and, in certain jurisdictions, statutory claims.
In this webcast, Eversheds Sutherland attorneys Francis Nolan and David Cook discuss:
- existing statutes governing how companies must handle biometric information
- legislative updates and observations on biometric data usage in the US, the UK and Europe
- GDPR considerations and issues
- risk factors associated with biometric data collection
- proactive, practical and effective strategies for managing technological innovation as it relates to biometric information and digital identities
Last term, the US Supreme Court decided several cases with implications for the insurance and financial services sectors, and the docket for the Court’s October 2018 term already includes merits cases impacting those sectors and the business community as a whole. And for the first time in 30-plus years, the Court will convene without Justice Anthony Kennedy. Presented on October 4, Eversheds Sutherland (US) litigators Tom Byrne, Tom Curvin, Stacey Mohr and Valerie Sanders provided a recap of last year’s term and a preview of the October 2018 term with a focus on cases of interest to these sectors. Topics covered during this webcast include:
- last term’s decisions involving class action procedures, arbitration, administrative law and the regulatory state, antitrust and securities
- merits cases on the October 2018 term docket, including class action cy pres awards, arbitration and antitrust
- pending cert petitions, including standing and privacy litigation, sexual orientation discrimination, CAFA and ERISA
- the changing composition of the court
Blockchain and distributed-ledger technology hold tremendous promise, far beyond cryptocurrencies. However, there are also real pitfalls, which are often not identified until it is too late. This Bottom Line videocast discusses:
- What is blockchain, and how is it broader than bitcoin and other cryptocurrencies?
- Why it may be revolutionary, but why it will not solve all problems—and why it can create problems of its own.
- Why lawyers and boards must be involved early and often to stop the problems, design solutions and identify further opportunities.
This is the third in a series of three Bottom Line videocasts discussing technology and innovation in the financial services industry.
Not much attention has been paid to the mechanics of the actual calculation of section 965 amounts. It is important to understand the mechanics of section 965 calculations and the inputs, especially in light of their impact on carry-over tax attributes in future years.
This Bottom Line videocast discusses:
- a brief summary of section 965
- the calculation of the section 965(c) deduction using Worksheet 1.1 in Publication 5292 under two scenarios
- the calculation of the disallowed foreign tax credit using Worksheet H in Publication 5292 under the scenarios
Regulators are grappling to define cryptoassets and are applying existing regulations or contemplating new rules to oversee markets for these new asset class(es). In this Bottom Line videocast, Eversheds Sutherland (US) Partner Greg Kaufman and Eversheds Sutherland (International) Partner Andrew Henderson discuss:
- important jurisdictional and definitional issues before US courts
- the UK Financial Conduct Authority’s facilitation and regulation of blockchain technology and cryptoassets
On September 13, please join Eversheds Sutherland (US) attorneys Clifford Kirsch, Michael Koffler, Brian Rubin, Issa Hanna, Ben Marzouk and Sue Lee for our quarterly series of complimentary webcasts dedicated to issues affecting investment advisers. This webcast will focus on adviser regulatory developments and examinations and other important trends, including:
- Best Execution Risk Alert
- Update on Trading Away Enforcement
- SEC Standard of Conduct Rulemaking Update
- Testimonial and Pay-to-Play Enforcement Cases
- Share Class Self-Reporting Initiative Update
- Other Recent Enforcement Cases
Significant profits are being generated by the "digital economy" while revenue authorities question the ability of traditional physical presence-based tax rules to properly capture earnings.
In this Bottom Line videocast, Eversheds Sutherland (US) Partner Susan Seabrook and Eversheds Sutherland (International) Partner Ben Jones discuss:
- Perceived BEPS risk
- High-profile examples of digital businesses using low tax jurisdictions
- Modernization—how?
- Solutions being considered
The quarterly Eversheds Sutherland SALT Scoreboard tallies significant state and local tax litigation wins and losses. In this Bottom Line videocast, Eversheds Sutherland attorneys Charles C. Capouet and Justin B. Stone discuss the results from the first two quarters of 2018, including:
- how taxpayers have fared in litigation in the first two quarters of 2018 compared to 2016 and 2017;
- three of the main cases from the second quarter of 2018: South Dakota v. Wayfair, Inc., Health Net, Inc. v. Oregon Department of Revenue, and Matter of XO Communications Services, LLC; and
- the recent Cook County Circuit Court decision, Labell v. City of Chicago, which upheld Chicago’s amusement tax on streaming services.
Data and disruptive technology are issues at the forefront of what is currently driving the legal environment across the globe. In this Bottom Line videocast, Eversheds Sutherland (US) Partner Lewis Wiener and Eversheds Sutherland (International) Partner Matthew Allen discuss:
- various aspects of technology in the legal and financial services world
- knowing your data
- knowing your technology
This is the first in a series of three Bottom Line videocasts discussing technology and innovation in the financial services industry.
There is a natural tension between buyers and sellers in M&A transactions. Buyers want to deduct the purchase price as soon as possible, and sellers want to maximize the after-tax proceeds. However, these transactions also involve a myriad of other considerations, including the impact of the corporate tax residence rules and the controlled foreign company rules.
In this Bottom Line videocast, Eversheds Sutherland (US) Partner Daniel Nicholas and Eversheds Sutherland (International) Partner David Jervis discuss:
- buyer and seller incentives
- tax due diligence/pre-closing considerations
- the corporate tax residence rules and the controlled foreign company rules
In this Bottom Line videocast, Eversheds Sutherland attorneys Aaron Payne and Todd Betor discuss the state tax consequences and considerations of IRC § 965. This videocast includes:
- A federal income tax overview of IRC § 965
- SALT considerations of IRC § 965
- Specific state responses
The next generation of cyber threats—data manipulation attacks—is already here.
Increasingly, organizations need not only protect their data from theft and ransomware, but also from subtle changes designed to disrupt, embarrass, extort or even undermine the integrity of systems, companies and institutions. Organizations therefore should consider getting out ahead of this new form of cyberattack and incorporate data manipulation considerations into their proactive cyber plans and policies.
In this Bottom Line videocast, Eversheds Sutherland (US) Partner Michael Bahar and Eversheds Sutherland (International) Partner Vicente Arias Máiz discuss:
- What data manipulation attacks are
- The importance of proactive planning to deal with them
- How low-tech solutions and high-tech solutions, such as blockchain technology, can help
Proposed regulations addressing the amendment and application of section 965 of the Internal Revenue Code of 1986, as amended, were recently issued. Section 965 generally imposes a transition tax on a US shareholder’s pro rata share of the accumulated earnings and profits of a specified foreign corporation. The proposed regulations provide specific requirements for making elections regarding the application of section 965, which generally are required to be made with a taxpayer’s 2017 federal income tax return for calendar-year taxpayers (or by October 9, 2018, for taxpayers that did not file for extensions).
This Bottom Line videocast discusses:
- two important examples in the proposed regulations addressing the application of the gain reduction and basis adjustment rules for distributions from a specified foreign corporation during an inclusion year
- the election to shift basis to reflect the sharing of deficits under section 965
- the implication of variations to fact patterns
Consumption-based taxes are spreading worldwide, and multinational businesses need to be aware of the global indirect tax landscape. Governments are looking for ways to react to and manage the disruptive effect of new and emerging business models, and they are using technology to collect, analyze and share taxpayer data.
In this Bottom Line videocast, Eversheds Sutherland (US) Partner Maria Todorova and Eversheds Sutherland (International) Partner Giles Salmond discuss:
- why taxpayers need to be aware of the global indirect tax landscape
- impact of the Wayfair decision on indirect taxes
- why indirect taxes are important if you supply digitized services
As a result of the OECD’s BEPS project, there is an increased emphasis on aligning income with substantive activity. Former "double country" structures may no longer be viable due to these BEPS DEMPE requirements.
In this Bottom Line videocast, Eversheds Sutherland (US) Partner Carol Tello and Eversheds Sutherland (International) Partner Alan Connell discuss:
- BEPS effects on US multinational IP structures
- impact of US 2017 TCJA on non-US double country structures
- Ireland’s IP tax incentives
The 21st century has ushered in new technologies and a new generation of consumers seeking a mobile and online customer experience. How has the digital age transformed the scope of "property" subject to reporting, and how do new technologies impact unclaimed property risks and compliance challenges? Escheat laws may affect how new products and services can be developed and deployed and companies that have not planned for unclaimed property can find themselves faced with potential exposure in a multi-state audit. Please join us for a webcast exploring unclaimed property issues in the digital age.
Topics covered include:
- Digital challenges for "traditional" industries, including financial services, insurance, retail and others
- Developments in stored value, including gift cards, prepaid cards and stored-value accounts
- Unclaimed property issues for emerging payments, including mobile apps, cryptocurrency and other fintech issues
- Loyalty programs, customer rewards and "points"
The Tax Cuts and Jobs Act, enacted at the end of 2017, changed the federal tax rules governing the deductibility of client meals and entertainment.
This Bottom Line videocast considers the following questions:
- Can client meals be deducted? Are they entertainment?
- What should employers do now in light of this rule change?
- What guidance can be expected on this issue?
GDPR – the European Union’s new General Data Protection Regulation – is on everyone’s mind. Lawyers and others in the co-op community are no exception. But what does it mean? How will it affect electric cooperatives in the United States?
Presented on June 13, 2018, this webcast addresses how GDPR may affect your co-op.
Eversheds Sutherland (US) Partners Michael Bahar and Daniel E. Frank will discuss:
- A primer on GDPR
- How GDPR can affect electric cooperatives in the United States
- What can trigger GDPR compliance obligations
- What co-op lawyers and others can be doing now to avoid GDPR regulation
- What co-op lawyers and others can be doing now to come into compliance with GDPR
Cryptocurrencies, blockchain and distributed ledger technology continue to dominate financial news headlines. In this nascent virtual currency market, regulators around the globe are actively attempting to stamp out fraud, manipulation and money laundering while also encouraging technological innovation in financial services. Criminal activity aside, regulators are grappling to define this new asset class and are either applying existing regulations or developing new rules to oversee the market.
Presented on June 5, 2018, this webcast addresses the current regulatory outlook on cryptocurrencies in the United States, Hong Kong, the European Union and the United Kingdom. The webcast included an overview of:
- a primer on virtual currencies and tokenization
- important jurisdictional and definitional issues before US courts
- oversight by the Hong Kong Securities and Futures Commission and Monetary Authority
- the EU’s approach to the risks posed by cryptocurrency
- the UK Financial Conduct Authority’s facilitation and regulation of blockchain technology and cryptocurrency
Speakers:
Gregory S. Kaufman | Partner, United States | Email | +1 202 383 0325
Andrew Henderson | Partner, United Kingdom | Email | +44 20 7919 0898
Duncan Watt | Consultant, Hong Kong | Email | +852 2186 3286
On May 24, please join Eversheds Sutherland (US) attorneys Clifford Kirsch, Michael Koffler, Issa Hanna, Ben Marzouk and Sue Lee for our quarterly series of complimentary webcasts dedicated to issues affecting investment advisers. This webcast will focus on adviser regulatory developments and examinations and other important trends.
- The SEC’s proposed fiduciary duty interpretation
- OCIE’s risk alert on advisory fees and expenses
- The SEC’s 12b-1 share class initiative
- FinCEN’s customer due diligence FAQs
- FINRA’s OBA/PST rule proposal – and what it means for broker-dealer supervision of advisory activity
The US Securities and Exchange Commission (SEC) has proposed its comprehensive standard of conduct rules, forms and interpretation, which would:
- Require registered investment advisers and registered broker-dealers to provide a brief relationship summary to retail investors
- Establish a standard of conduct for broker-dealers when making a recommendation of any securities transaction or investment strategy involving securities to a retail customer
- Provide an interpretation regarding the fiduciary standard of conduct for investment advisers
Join Eversheds Sutherland for a webcast on May 8 as we help you analyze the proposed rules, forms and interpretation and dive into the many practical considerations that arise from the proposal, including:
- How does a broker-dealer standard of conduct differ from an adviser’s fiduciary obligations?
- What operational issues arise with the required disclosures?
- What will advisers need to do to satisfy the SEC’s fiduciary standard of conduct?
On April 25, 2018, Eversheds Sutherland (US) attorneys Lewis S. Wiener, Scott R. McLaughlin, Sarah Q. Chaudhry and Alexander P. Fuchs hosted a webcast titled, "Blocked Access: Seeing if your website is ADA compliant."
The webcast included an overview on:
- Should WCAG 2.0 AA be the applicable standard for website compliance?
- The impact of the Department of Justice withdrawing from any rulemaking on WCAG 2.0 AA
- The legal and practical implications of website accessibility, and how to ensure compliance
- Recent trends in litigation
- How to manage a class action lawsuit
The tax reform bill passed at the end of 2017, but Congress continues to propose and make changes to the Internal Revenue Code. Many provisions provided welcome relief; others created uncertainty.
This Bottom Line videocast discusses:
- administrative controversy processes and procedures available to taxpayers
- the certainty achievable in an otherwise uncertain climate
The tax reform bill passed at the end of 2017 includes a number of changes specific to the insurance industry. These provisions, in conjunction with other changes brought about by the new law, can create strategic opportunities or pitfalls for the unwary, depending on the circumstances.
This Bottom Line videocast discusses:
- New provisions affecting tax reserve calculations
- Changes to proration and to the DAC provisions
- Revisions to net operating loss provisions
Section 162(m) was revised as part of the tax reform bill passed at the end of 2017 to place additional limitations on the ability of certain corporations to deduct amounts in excess of $1 million paid to officers of a corporation.
This Bottom Line videocast discusses:
- the expanded rule, including the loss of the performance-based compensation exception
- the impact of the rule on affected companies in designing future compensation
- open issues, including the transition rule for grandfathered compensation agreements
The changes made to the Internal Revenue Code by the Tax Cuts and Jobs Act (TCJA) included a number of modifications to the rules associated with income recognition. Although the TCJA codified certain taxpayer-favorable methods (i.e., the Deferral Method under Rev. Proc. 2004-34), the revised Section 451(b) likely will result in an acceleration of taxpayers’ historic recognition of income. In light of these changes and the changes, made under ASC 606 regarding revenue recognition for financial accounting purposes, taxpayers now more than ever should be reviewing and evaluating their treatment of items of income and expense to ensure they are complying with the new law, while also utilizing the most advantageous methods.
This Bottom Line videocast discusses:
- the new income recognition standard provided under Section 451(b)
- the codification of Rev. Proc. 2004-34’s Deferral Method under Section 451(c)
- implications of the explicit, and implicit, repeal of other income deferral opportunities
On March 23, 2018, Congress passed long-sought legislation, the Small Business Credit Availability Act, as part of its omnibus spending bill. The Small Business Credit Availability Act includes various changes to regulations under the federal securities laws that impact Business Development Companies (BDCs).
This Bottom Line videocast discusses the impacts to include:
- BDC-related provisions that could improve access to capital for US businesses;
- Provisions that will permit BDCs to use more leverage in their investment operations by increasing the allowable debt-to-equity ratio from 1:1 to 2:1; and
- Aligning BDC communication and offering rules with the more liberalized rules available to operating companies.
Civil and criminal enforcement of Foreign Bank and Financial Accounts (FBAR) violations are on the rise. This Bottom Line videocast discusses the changes to the rules impacting FBAR filing obligations and the impact of the changes on potential penalties, including:
- The IRS Offshore Voluntary Disclosure Program, which is ending September 28, 2018
- What companies should do now if they discover that their filing obligations are not compliant
- What civil and criminal enforcement efforts are underway where FBARs were not filed and how you should prepare
The state and local tax (SALT) implications of federal tax reform are numerous, yet still often unclear. With states releasing new law and guidance about federal tax reform, taxpayers must stay abreast of this very dynamic area of law.
This Bottom Line videocast discusses:
- the gating question to the SALT implications of federal tax reform—state conformity to the IRC
- the major international tax provisions of federal tax reform and relevant SALT considerations
- the major general/domestic tax provisions of federal tax reform and relevant SALT considerations
Initial public offerings (IPOs) by Special Purpose Acquisition Companies, or SPACs, are growing at their most robust rate since before the financial crisis, giving more visibility to a once remote corner of the IPO market.
In this Bottom Line videocast, Eversheds Sutherland (US) attorneys Cynthia Krus discusses:
- current SPAC market trends;
- the structure and appeal of SPACs; and
- the IPO and business combination process for a successful SPAC.
In the past few months, investment company structures known as interval funds have become popular among money managers.
This Bottom Line videocast discusses:
- what makes a fund an "interval fund"
- how interval funds differ from other investment vehicles
- how interval funds are regulated.
Private business development companies (BDCs) are an alternative way to raise capital without conducting a public offering or going through the exchange listing process.
This Bottom Line videocast discusses:
- What is a private BDC?
- What are the advantages to a private BDC?
- What is the timeline to raise a private BDC?
On March 13, 2018, the Eversheds Sutherland Capital Markets and Investments team hosted a webcast on private business development companies (BDCs).
The webcast included an overview on:
- The private BDC structure and its advantages;
- The process of raising a private BDC;
- Key private BDC terms; and
- Potential liquidity events.
In light of the major changes to the Internal Revenue Code (the Code) resulting from the recent enactment of the Tax Cuts and Jobs Act (TCJA), now more than ever, companies have the opportunity to revisit their treatment of income and expenses to ensure they are properly applying the Code and taking advantage of the many opportunities available to them as a result of the TCJA.
This Bottom Line videocast discusses:
- Four procedural tools that companies should consider as they begin planning for the 2017 federal income tax return
- Three steps to provide support for positions that may be taken with respect to the TCJA notwithstanding limited administrative guidance
- Best tax controversy practices to minimize implementation risks
Join Eversheds Sutherland attorneys Clifford Kirsch, Michael Koffler, Issa Hanna, Ben Marzouk and Sue Lee for our quarterly series of complimentary webcasts dedicated to issues affecting investment advisers. This webcast focuses on adviser regulatory developments and examinations and other trends that will likely advance in 2018. Topics to be discussed include:
- The SEC’s Uniform Standard of Conduct Initiative and Related State Developments
- Senior Investors
- The SEC’s 2018 Rulemaking Agenda
- The SEC’s Exam Priorities Letter
The Internal Revenue Code has historically limited the ability of corporations to deduct certain interest paid to related parties. The recent Tax Cuts and Jobs Act modified this limitation and expanded its application, such that the current limitation applies to all taxpayers and to all business interest, whether or not paid to related parties.
This Bottom Line videocast discusses:
- Differences between the historic and current versions of this limitation on interest expense
- Application of the current limitation on interest expense
- Exceptions to the current limitation on interest expense
The recent Tax Cuts and Jobs Act adopted a provision subjecting certain US shareholders of controlled foreign corporations (CFCs) to tax on their global intangible low-taxed income (GILTI). GILTI is effectively a new worldwide minimum tax on the earnings of a US shareholder’s CFCs.
This Bottom Line videocast discusses:
- What is GILTI?
- Deductions and credits taken into account in determining the US tax on GILTI
- How GILTI is calculated, including a simple example
The new base erosion and anti-abuse tax (BEAT) generally imposes a 10% minimum tax (5% in 2018) on a taxpayer’s income determined without regard to tax deductions arising from base erosion payments (including the portion of a taxpayer’s NOL treated as related to base erosion payments) which generally cannot be reduced by credits other than, until 2025, the R&D credit and 80% of certain other credits.
This Bottom Line videocast discusses:
- A brief overview of BEAT
- A simplified example of the BEAT calculation
Financial institutions are the leading players in our dynamic global economy creating a challenge for in-house Counsel who must be able to stay abreast of developments across jurisdictions as well as manage the appropriate compliance and legal risks that exist within a global dynamic regulatory environment.
This Bottom Line videocast discusses:
- The GC’s role in internal investigations and regulatory considerations in internal investigations
- Interpreting and synthesizing changing regulatory, legal and political dynamics
- Increased focus on the GC by regulators when investigating alleged regulatory violations
On November 2, 2017, members of the House Ways and Means Committee released a proposed bill to reform the current tax code. Eversheds Sutherland (US) attorneys Cynthia M. Krus, David A. Roby, Jr., and Dwaune L. Dupree host a Quick Call to discuss the proposed legislation on November 6, 2017. The call includes an overview of:
- The tax reform legislation process and proposal;
- The potential impact on the economy; and
- The potential impact on the BDC industry.
The attorneys also provide an update on BDC-related legislative and regulatory reforms, including an update on the Small Business Credit Availability Act
US companies and global companies with US operations face the risk of unclaimed property audits as these have occurred in all economic sectors in 2017. While states continue to press their audits forward, recently enacted legislation has rewritten the rules in this already uncertain area. Companies under audit confront difficult choices while those companies not (yet) under audit face an uncertain risk and compliance landscape.
This Bottom Line videocast discusses:
- Audit Risks and Estimation
- The Rapidly Evolving Legal Landscape
- The New Uniform Act
- Preparation for an Audit
Since 1975, the Supreme Court has issued opinions in a stunning 128 employee benefit and ERISA cases. Our team has assembled a white paper, which we believe to be the first of its kind, taking a detailed look at the numbers and substance behind these cases.
This Bottom Line videocast discusses:
- The key data points that our analysis uncovered
- The reasons employee benefit cases are so prevalent
- The participation of the justices, such as which justice participated in the most cases
Read the white paper.
Establishing overseas educational programs or campuses comes with significant employment-related challenges such as work permits, pensions, health and safety, data protection and ownership of intellectual property.
This Bottom Line videocast discusses:
- Key issues to consider in the planning process
- Different models for engaging staff
- Tips on how to manage some of these employment-related challenges
Establishing overseas educational programs or campuses can be a complex, expensive and resource consuming endeavor that can take years. Regulations, local laws and tax implications differ from jurisdiction to jurisdiction thus creating multifaceted challenges beyond simply instituting a curriculum. Furthermore, institutions run the risk of reputational and brand damage if these programs or campuses are set up incorrectly or a wrong partner is chosen.
This Bottom Line videocast discusses:
- Key considerations such as the nature of an operation, its location and the applicable local laws
- Due diligence required for setting up a program
- Tax implications that a new program must consider
In the 2017 Mid-Year State Tax Review, Charles Capouet shares his observations for significant state tax litigation in 2017 and compare mid-year 2017 results with 2016’s results.
This Bottom Line videocast discusses:
- The overall results for 2017, including a breakdown of corporate income tax and sales and use tax case results;
- An overview of the most significant cases of Q2 2017; and
- The Maine Supreme Judicial Court’s holding in State Tax Assessor v. MCI Communications Services, Inc.
Cyber breaches do not discriminate across industries and can occur even with the best policies, procedures and preventive measures in place. As such, cyber litigation is not going away and cybersecurity is now increasingly a board-level issue.
In this Bottom Line videocast, Eversheds Sutherland Partners Michael Bahar and Robert Owen discuss cybersecurity issues and provide five key takeaways on how to handle a hack.
The latest cyberattack across multiple countries shows that hackers do not discriminate by industry. It’s not just about targeting "data" such as credit card or insurance information. Rather, it is increasingly about stealing valuable trade secrets, disrupting global supply chains and even causing physical, destructive effects.
In this Bottom Line videocast, Eversheds Sutherland Partner Michael Bahar and Associate Alexander F. L. Sand discuss ways to manage our ever-evolving regulatory environment and alleviate the risk of cyberattacks.
Connected and automated vehicles are being built with components that enable them to not only access information, but also collect, store and transmit data for performance and safety purposes as well. Furthermore, these vehicles are expected to produce an enormous amount of data, some of which will be personal and sensitive, such as precise real-time geolocation data and the contents of communications that result when drivers connect their mobile phones to a vehicle’s computer system.
In this Bottom Line videocast, Eversheds Sutherland (US) LLP Partners Michael Bahar and Kymberly Kochis discuss cybersecurity threats and privacy issues related to connected and automated vehicles.
As currently written, our laws are not well-equipped to handle the increase in automated vehicles on the road. Moreover, the law and ethics often differ, and doing the safe thing on the road could cause a human to drive illegally. Would an autonomous vehicle drive faster than the speed limit if it needed to, drive at all if a loose gas cap turned on a check engine light, or execute the safest route around an obstacle if it meant breaking the rules of the road?
In this Bottom Line videocast, Eversheds Sutherland (International) LLP Partner Fabian Volz discusses the legal and ethical risks associated with automated driving.
Automated driving is not coming – it’s here. The entire automotive industry is implementing strategies, tools and technologies to not only allow the car to drive, but to operate using Internet of Things devices.
In this Bottom Line videocast, Eversheds Sutherland (US) LLP Partners Mary Jane Wilson-Bilik and Griff Griffin discuss the Internet of Things and how it will impact:
- Big data
- Cybersecurity and data protection
- Intellectual property and patents
Next week, don’t miss an additional videocast on automated transportation’s legal and ethical risks.
The question isn’t whether automated technology will impact the auto insurance industry, but how big that disruption will be and when that disruption will happen.
In this Bottom Line videocast, Eversheds Sutherland (US) LLP Partner Kymberly Kochis and Eversheds Sutherland (International) LLP Partner Fabian Volz discuss numerous ways the insurance industry will be impacted by automated technology.
In the coming weeks, don’t miss additional videocasts on cybersecurity and intellectual property issues with Internet of Things devices in autonomous vehicles, and automated transportation’s legal and ethical risks.
The quarterly Eversheds Sutherland SALT Scoreboard tallies significant state and local tax litigation wins and losses. In this videocast, Charles C. Capouet and DeAndre R. Morrow share 2016 year-end observations, including results for income tax apportionment cases, sales tax manufacturing exemption cases, and a recap of Avnet, Inc. v. Washington Department of Revenue. Stay tuned for upcoming 2017 editions of the Eversheds Sutherland SALT Scoreboard!