Law Catches Up With E-Commerce
Patrick L. Kenney of Lathrop Gage
Business-to-consumer and business-to-business e-commerce has become a fact of life for most businesses. Even those businesses that, at the beginning of the Internet phenomenon, were reluctant to participate now include e-commerce as a regular part of their planning. A problem businesses face as they expand into e-commerce is whether their electronic agreements with other businesses and consumers will have the same legal effect as the paper counterparts traditionally used.
Massachusetts and Virginia Courts Strike down Nexus Regulations as Unconstitutional
Kenneth R. Werner of Angela E. Peters
Within the last year, the high courts of two states have found unconstitutional department regulations that required delivery of goods by common carrier as a prerequisite to the protection from net income tax of Public Law 86-272.
Employers Exhale: United States Supreme Court Medical Marijuana Decision Aids Employer Anti-Drug Programs
Nancy N. Delogu and Dale L. Deitchler of Littler Mendelson, P.C.
Employer drug and alcohol abuse prevention and testing programs recently received a boost when the U.S. Supreme Court ruled in Gonzales v. Raich, No. 03-1451 (June 6, 2005), that state laws authorizing the use of marijuana to treat illness do not insulate drug users from federal law making such behavior criminal.
Constitutional Challenge to New Jersey Blue Sky Law Fails
Cadwalader, Wickersham & Taft LLP
N.J. State Regulators Have Authority to Block Out-of-State Sales of Non-N.J. Registered Securities Ruling on the.
Can State Action Provide an Antitrust Defense If Such Action Violates the Commerce Clause?
Marc D. Machlin and Elizabeth A. Duffy of Pepper Hamilton LLP
This article examines scenarios where firms may avoid liability under the Sherman Act if state action is in violation of the Commerce Clause.
California's Deduction For Dividends Received From Insurance Companies Held Unconstitutional
Katherine E. Shlaudeman of Morrison & Foerster LLP
This article discusses a California ruling that limits the deduction available to those who receive dividends.
Migratory Bird Rule Upheld
Robert W. Thomson of Buchanan Ingersoll & Rooney PC
On October 7, 1999, the United States Court of Appeals for the Seventh Circuit upheld the U.S. Army Corps of Engine.
U.S. Supreme Court Rules on Direct Shipping
Matthew J. Lewis and David E. Stoll of Farella Braun + Martel LLP
On May 16, 2005, the United States Supreme Court struck down direct shipping laws in Michigan and New York holding that the laws in both States discriminate against interstate commerce in violation of the Commerce Clause, and that the discrimination is neither authorized nor permitted by the 21st Amendment.
Summary of the Hart-Scott-Rodino Act
Thomas G. Buchanan of Buchanan Ingersoll & Rooney PC
The Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the "Act") was adopted to provide the Federal.
Commerce & Federal Criminal Law: The Risks of Over-Criminalizing Commercial Regulation
George J. Terwilliger of The Federalist Society
We are here today to consider issues of corporate governance. Recent events have generated renewed interest in and highlighted the importance of one aspect of corporate governance, namely, dealing with government enforcement proceedings, including criminal investigations and prosecutions.
Once Again, South Carolina Breaks New Ground On Hotly Debated Nexus Issues
Amy L. Silverstein of Morrison & Foerster LLP
This article focuses on the highlights of the case of City of Charleston v. Government Employees Insurance Co as it relates to Nexus tax issues.