Eversheds Sutherland Legal Insights (audio)

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

On May 24, please join Eversheds Sutherland (US) attorneys Clifford Kirsch, Michael Koffler, 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. 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 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 and Vlad Bulkin discuss: 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.