Eversheds Sutherland Legal Insights (audio)

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. 

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.   

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.   

On December 6, please join Eversheds Sutherland attorneys Clifford Kirsch, Michael Koffler, Issa Hanna, Bria Adams 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 i

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 discriminati

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

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 

On September 13, please join Eversheds Sutherland (US) attorneys Clifford Kirsch, Michael Koffler, Brian Rubin, Issa Hanna, Ben Marzouk, Bria Adams 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

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