Internet Retailers

News & Analysis as of

How Online Sales and In-Store Pick-Up Can Muddy the Waters on Calculating Percentage Rent

In today’s internet-reliant economy, retailers are expanding their online presence to stay relevant among customers that are increasingly looking to the internet for their shopping experience. Many customers prefer to shop...more

Sales Tax Nexus Roundup – Introducing Louisiana and Tennessee

We have been closely following the rapid rise of state laws and regulations imposing sales tax nexus or reporting requirements on out-of-state sellers with no physical presence in the state. In the wake of decisions by the...more

Set Pickup Location: Uber Is Coming to Retail

On-demand delivery services, such as Uber and its competitors Lyft and Postmates, are increasingly taking steps that have the potential to offer a counterpunch to online retailers such as Amazon and may shake up the brick and...more

2016 Oklahoma Tax Legislation

Investment/New Jobs Credit, $25 Million Cap, 2016-2018. The income tax credit for investment in manufacturing facilities or increasing jobs was amended to provide that for tax years beginning on or after January 1, 2016, and...more

Breaking News: Tennessee Submits Proposed Economic Nexus Regulation for Publication

On June 16, 2016, the Tennessee Department of Revenue (DOR) submitted a new sales and use tax regulation for publication titled “Out-of-State Dealers” that would administratively create an economic nexus threshold. While the...more

Alabama Issues Remote Sellers Use Tax Assessments, Newegg Inc. Appeals

Ever since Alabama’s new economic nexus regulation went into effect, litigation over its constitutionality has been expected given that Alabama Commissioner Julie Magee and Governor Bentley said as much when announcing it...more

Online Traders: New Obligation in EU for Provision of Link to Online Dispute Resolution (ODR) Platform

On January 19, 2016 the Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes entered into force (henceforth "Regulation"). The aim of the Regulation is to provide a European online dispute resolution...more

Don’t Get Caught In A Web of Claims: ADA Website Accessibility Claims On The Rise

In today’s technology-driven society, retailers are increasingly using the internet to provide information, goods, and services to the public. While having a website is almost a mandatory aspect of operating a retail...more

Subscription-Based Business Models: An Overview of Auto-Renewal Regulations

The demand for subscription-based and recurring revenue business models is growing faster than ever. According to a 2014 report by The Economist Intelligence Unit, 80 percent of customers are demanding new consumption models...more

Oklahoma Retail Protection Act of 2016: New Oklahoma Sales Tax Law on Internet Sales

Internet sales to Oklahomans will now be subject to new sales tax requirements. HB 2531, entitled the “Oklahoma Retail Protection Act of 2016” (the “Act”), enacted May 17, 2016, becomes effective November 1, 2016....more

Amazon’s clear labelling defeats MTM trademark claims

The US Supreme Court has denied certiorari for the Ninth Circuit decision in Multi Time Machine Inc (MTM) v Amazon.com Inc on February 29 2016, which held that Amazon did not infringe MTM’s trademark in its presentation of...more

Florida Supreme Court: Origin Sourcing for Sales Tax is Constitutional

The Florida Supreme Court upheld the imposition of a sales tax obligation on an in-state florist for all of its worldwide sales regardless of delivery destination. This “origin sourcing” method of determining transactions...more

Florida Sales Taxes on Internet Sales Outside of Florida [Florida]

Question: A Florida corporation, with a physical location and principal address in Florida, sells flowers, gift baskets, and other items of tangible personal property over the Internet. The company does not maintain any...more

What Are We Going to Do About Amazon?

My client Sarah is a talented graphic designer who developed the idea of printing unique designs on curtains. She began selling them on Amazon and the product became wildly successful. Due to this popularity, counterfeiters...more

Retailers Take Notice: Will Customers .shop at Your .store?

Have you thought about establishing a new distinctive web address for your business? Do you worry that someone else may try to register your brand name within one of the new generic top level domains (gTLDs)? Whether...more

U.S. States Expand Efforts to Collect Taxes from Out-of-State Businesses

Twenty-four years ago, the U.S. Supreme Court announced in Quill v. North Dakota, 504 U.S. 298 (1992), that in order for a U.S. state to require an out-of-state business to collect and remit sales and use taxes on its sales...more

The New Jersey Truth-In-Consumer Contract Warranty and Notice Act: What You Need to Know About “TCCWNA” and the Rise in Consumer...

Businesses with consumer products should be aware of the rise in class action filings based on the New Jersey Truth-In-Consumer Contract Warranty and Notice Act (“TCCWNA”). Although the statute has been in place since 1981,...more

How to Pass Data Between Retailers to Facilitate Transactions

Online retailers often learn information about a consumer that may be used to help identify other products, services, or companies that may be of interest to the consumer. For example, if a consumer purchases an airplane...more

Retail and Consumer Products Law Roundup - May 2016

SPECIAL FOCUS: California Proposes Emergency Prop 65 Regulation for Products Containing BPA - Why it matters: BPA remains prevalent in the packaging of food and beverage items sold by retailers throughout California....more

How Smartphones, Showrooming Impact Property Taxes and More

The battle between physical stores and online retail rages on, but the recent explosion in smartphone usage is blurring the battle lines. Using smartphones, consumers in a store now can simultaneously shop and compare pricing...more

ADA Website Accessibility Cases Continue to Grow

An increasing number of retailers are facing lawsuits or threats of lawsuits regarding website accessibility under the Americans With Disabilities Act (“ADA”), despite the fact that the ADA and its implementing regulations do...more

Apparel Peril!

These are perilous times in the apparel sector. What seems on the surface to be a contradiction–a series of underwhelming sales reports in apparel sales, coinciding with a dramatic and ongoing expansion in many types of...more

Supreme Court of Ohio Hears Oral Argument in Crucial Case for Factor-Presence Nexus

The Supreme Court of Ohio heard oral argument in a case involving the Ohio Commercial Activity Tax (the “CAT”)—which provides that taxpayers have nexus with Ohio and are subject to tax if they have at least $500,000 of annual...more

South Dakota Takes Action Against Out-of-State Sellers

On Thursday, April 28, 2016, South Dakota filed a lawsuit against Wayfair Inc., Overstock.com Inc., Newegg Inc. and Systemax Inc. — all large, online retailers — to enforce its new law, Senate Bill 106, imposing sales tax...more

East Coast to the West Coast: Consumers Continue to File Deceptive Pricing Class Actions

Earlier this year, consumers filed class action lawsuits against retailers Zulily and Burberry in federal court in New York alleging unfair and deceptive sales practices in connection with their respective marketing of...more

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