Constitutional Law, Election & Politics Law, Commercial Law & Contracts

South Carolina Supreme Court (Reluctantly) Upholds Sales Tax Exemptions

by Michael Jacobs, Alexandra Sampson | Reed Smith on 5/13/2013

Yesterday, the South Carolina Supreme Court issued its long-awaited decision in Bodman v. South Carolina, holding that the state’s sales and use tax exemption and cap scheme, as a whole, does not violate the state...more

Marketplace Fairness Act of 2013 Passes United States Senate

by Stanley Kaminski, Carolyn Sprinchorn | Duane Morris LLP on 5/9/2013

On May 6, 2013, the United States Senate passed the Marketplace Fairness Act of 2013 (the "Act") by a vote of 69 to 27. The legislation (S. 743) now moves to the House of Representatives for consideration....more

Senate Rejects Bill To Close Gun Background Check Loophole

by Aaron Kase | Lawyers.com on 4/18/2013

The U.S. Senate today rejected a bill that would have closed a major loophole in federal gun laws by subjecting firearm purchases made at gun shows and online to background checks....more

Paper Carryout Bag Charge Is Not A Tax

by Jeffrey L. Massey | Kronick, Moskovitz, Tiedemann & Girard on 3/12/2013

Taxpayers and a manufacturer of plastic bags challenged a county ordinance that prohibits retail stores from providing customers with plastic carryout bags and requires the stores to charge their customers ten cents for each...more

Legislator Fires Broadside At Franchisors

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 3/12/2013

California has not one, but two franchise laws. The Franchise Investment Law (“FIL”), Corporations Code Section 31000 et seq., is administered and enforced by the the Commissioner of Corporations. The Franchise Relations Act...more

NLRB Decisions To Fall Like Dominos?

by Adam Santucci | McNees Wallace & Nurick LLC on 2/12/2013

As you may have heard, the District of Columbia Circuit Court of Appeals recently sent shockwaves through the labor relations world by holding that President Obama's "recess" appointments to the National Labor Relations Board...more

NLRB Gets Busy – Part 2 NLRB Incursion Into Non-Unionized Workplace

by Michelle Bush, Charles Einsiedler, Jr. | Pierce Atwood LLP on 2/12/2013

In January, we told you about recent activity by the National Labor Relations Board that overturned or departed from settled precedent. As promised, in Part 2 of this Alert series we summarize recent decisions where the...more

War Over Gun Controls Explodes Nationwide

by Aaron Kase | Lawyers.com on 1/12/2013

Vice President Joe Biden met this week with government officials, victims of gun violence, retailers, media executives and firearm advocates on both sides of the issue as part of a task force designed to look for ways to...more

Redevelopment: Rising From The Ashes Or Final Death Rattle?

by Sheppard Mullin Richter & Hampton LLP on 10/3/2012

Two cases filed in Sacramento County, City of Cerritos v. State of California and Syncora Guarantee Inc. v. State of California, have challenged the constitutionality of AB 1X 26, the 2011 bill that provided for the...more

Congress May Act to Preempt State and Local Laws That Differ From Federal or Other State Agriculture Production Rules

by Davis Wright Tremaine LLP on 8/3/2012

With the current Farm Bill set to expire on Sept. 30, the U.S. House of Representatives Agriculture Committee adopted a provision in mid-July for the proposed 2012 Farm Bill. ...more

N.J. Moves Towards Legal Sports Betting This Fall, in Time for NFL Season

by Jeff Ifrah on 5/25/2012

It appeared for some time last year as if New Jersey was about to become the first state to legalize and regulate online gaming in the form of poker. But Republican Gov. Chris Christie vetoed state legislation to that effect,...more

Florida Supreme Court Denies Review in Gambling Expansion Case

by K&L Gates LLP on 5/14/2012

The Florida Supreme Court recently denied a request for it to review the Florida Court of Appeal’s determination that a Florida statute is valid even though it authorizes slot machines at entities other than those that are...more

For Investors There May Be a Brighter Side to the “Robo Settlement”

by Bilzin Sumberg Baena Price & Axelrod LLP on 3/27/2012

Further to Phil Stein’s post on Friday, as we continue to parse through the political rhetoric, the fine print of the settlement agreement, and the hoards of misinformation promulgated by the press, we do not believe that...more

Redevelopment Law Unconstitutional Because of Impairment of Contract?

by Sheppard Mullin Richter & Hampton LLP on 3/13/2012

Largely lost in the noise and furor surrounding the decision by the California Supreme Court upholding AB 1X 26 (California Redevelopment Association v. Matosantos (2011) 53 Cal.4th 231, which terminated the functions of...more

Two State citizens under the Constitution of the United States of America

by Dan Goodman on 10/26/2011

There are two state citizens under the Constitution of the United States of America. One is at Article IV, Section 2, Clause 1 of the Constitution. The other is at Section 1, Clause 1 of the Fourteenth Amendment. Legal...more

Illinois Supreme Court Sets Civil Argument Schedule for September

by Sedgwick LLP on 8/24/2011

In This Issue: This afternoon the Illinois Supreme Court published its Oral Argument Calendar for the September term, and the Court will hear oral argument in ten civil cases. The cases, with the issue or issues...more

Illinois Court Ruling Upholds State’s New Video Gaming Act

by Jeff Ifrah on 8/3/2011

In a 7-0 decision, the Illinois Supreme Court recently upheld legislation that will allow video gaming in the state for the first time. Earlier this month, the court ruled in favor of the Illinois legislature’s 2009 omnibus...more

With a Veto, N.J. Governor Stays Out of the Game

by Jeff Ifrah on 3/4/2011

Today’s news is that New Jersey Gov. Chris Christie has just vetoed a bill, overwhelmingly passed by both houses of the state legislature, that would have made New Jersey the first state in the country to legalize online...more

CPUC Authorizes Use of Tradable Renewable Energy Credits: Déjà vu all over again

by Davis Wright Tremaine LLP on 1/14/2011

On Jan. 13, 2011, by a 3-0 vote, the California Public Utilities Commission (CPUC) announced a decision again authorizing the procurement of tradable renewable energy credits (TRECs) by the three largest California...more

Georgia Non-Compete Statute: House of Representatives Aims to End Debate Over Effective Date

by Fisher & Phillips LLP on 1/7/2011

As discussed in an earlier post, the effective date of Georgia’s recently enacted non-compete legislation is in doubt. Some believe that it was not and never can be effective. Others believe that it was effective as of...more

Sandy Springs Restructures Its Business and Occupation Tax

by Sutherland Asbill & Brennan LLP on 12/22/2010

The Sandy Springs, Georgia, City Council revised its Business and Occupation Tax ordinance on December 21, 2010 in an effort to foster economic development and alleviate the potential chilling effect on the City’s business...more

Sutherland Salt Shaker- Vol. 1 No. 10- October 2010

by Sutherland Asbill & Brennan LLP on 10/18/2010

IN THIS ISSUE: Michigan Gears Up for 2011 Amnesty; Events in Neighboring Southern States May Foreshadow Changes to Come;Throw Out the Throwback: Maine Replaces “Throwback” with “Throwout” and Adopts Finnigan; SALT Pet of the...more

A Pinch of Salt, August 2010- Is Quill Dead? At Least One State Has Written the Obituary

by Sutherland Asbill & Brennan LLP on 8/2/2010

State departments of revenue and legislators are becoming increasingly bold in their efforts to raise revenue by forcing remote retailers to collect use tax, despite a clear constitutional barrier against doing so. Some...more

Supreme Court Decision in Citizens United v. Federal Election Commission Changes the Landscape for Corporate Funding of Election...

by Foley Hoag LLP on 2/22/2010

The Supreme Court’s recent decision in the Citizens United case has focused widespread public attention on the issue of corporate and union spending in federal election campaigns. On January 21, 2010, the Court ruled that...more

Telecommunications Alert: Supreme Court Case Allows Corporate Political Advertising, but Some Restrictions Remain; Disclosure...

by Mintz Levin - Communications on 1/26/2010

In a landmark 5-4 decision, the Supreme Court overturned a federal ban on corporate and union spending on political advertisements. The Citizens United v. FEC case allows corporations and labor unions to use unlimited general...more

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