Eversheds Sutherland Legal Insights (audio)

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, Bria Adams 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 and Hanish Patel share their 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 (US) LLP Partner Jason McCarter and Eversheds Sutherland (International) LLP Partner Fabian Volz discuss 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!