Internet Retailers

News & Analysis as of

Ohio Supreme Court Finds Quill Does Not Apply to the Commercial Activity Tax

The Ohio Supreme Court has ruled that the Ohio Commercial Activity Tax is a business privilege tax and that the physical presence requirement articulated by the U.S. Supreme Court in Quill does not limit Ohio’s ability to...more

Ohio Imposes Tax on Online Retailers with No Physical Presence in State

Ohio Supreme Court decides physical presence is not a necessary condition for imposing commercial activity tax. The Ohio Supreme Court recently ruled that Ohio may impose its commercial activity tax (CAT) on...more

The “Unstore”: The Future of Brick and Mortar Retail?

The upcoming holiday weekend brings with it Black Friday and Cyber Monday, dates that have become shorthand for the different ways people shop. While e-commerce and physical retailers’ sales are still not comparable, many...more

Legislative Opportunities for Tribal Governments Under the Trump Administration

With the advent of a Republican-controlled White House and Congress, many who work in Washington, D.C., on behalf of Indian tribes may be tempted to adopt a defensive posture. But while it always is important to defend tribal...more

Your Daily Dose of Financial News

The IRS isn’t waiting around for virtual currency to gain wider acceptance. No, it’s more than happy to go after Bitcoin users who have sought to use the virtual currency as a means of evading taxes....more

EU Competition Newsletter - November 2016

The European Commission issues Statement of Objections against Brussels Airlines and TAP Portugal over “anticompetitive” codesharing arrangements - The European Commission have expressed concern over the possible...more

CMA continues crackdown against price fixing online

On the 7th November 2016, the UK Competition and Markets Authority (CMA) launched a campaign to remind online sellers that agreeing and discussing price level with competitors is illegal and can result in serious penalties....more

Industry-Wide Confidence Shines Through At ICSC’s 2016 Law Conference

The 2016 ICSC Law Conference was held last week at the Diplomat Resort in Hollywood, Florida. Attendance was very strong this year, with over 1425 lawyers, paralegals, lease administrators, brokers and other retail real...more

Video-Streaming Companies See the “Netflix Tax” Going into Effect Around the Country to the Dismay of “Cord Cutters”

If you are like many other Americans, then you may have “cut your Cable TV cord” and turned to streaming movies and shows through your accounts with Netflix, Amazon Prime, Hulu, HBO GO, SlingTV, or other video streaming tech...more

EU Retail News – October 2016

Can retailers find the perfect mix? Retailers are increasingly under pressure to evaluate their business models and, in particular, the mix of their in-store, online and mobile offerings. Just as there are few pure-play...more

Black Friday: May You Finally Shop in Peace

Black Friday has traditionally been the day that retailers and consumers gleefully mark on their calendars. Since its inception in the late 1980s and early 1990s, Black Friday has been considered the blast-off point for the...more

“E-Commerce must live up to its promise…”

These are the words of Europe’s chief antitrust enforcer, Margrethe Vestager, introducing the Commission’s public hearing on October 6, 2016, on its preliminary findings of the e-commerce sector inquiry. The promise of...more

Retailers Seek Perfect Balance Between In-Store, Online and Mobile Customers

Retailers are increasingly under pressure to evaluate their business models and, in particular, the mix of their in-store, online and mobile offerings. Just as there are few pure-play e-tailers, there are very few retailers...more

WARNING: Prop 65 Can Expose Product Manufacturers to Increased Litigation in California

California's Proposition 65 ("Prop 65") requires product manufacturers and sellers to provide a "clear and reasonable" warning before knowingly and intentionally exposing anyone in California to a chemical listed by the...more

The Power of Pop-ups: From Fad to Retail Mainstay

Pop-up stores or “flash retail” have graduated from passing trend to popular practice. Historically utilized for the sale of seasonal products (think temporary stores that only sell Halloween costumes), the pop-up has evolved...more

Can retailers find the perfect mix?

Retailers are increasingly under pressure to evaluate their business models and, in particular, the mix of their in-store, online and mobile offerings. Just as there are few pure-play e-tailers, there are very few retailers...more

Congress Considers Legislative Solutions to Internet Sales Tax War

As we reported on September 15, several states have enacted or proposed laws related to the collection of sales tax from online retailers without a physical presence in those states, as required by United States Supreme...more

Retailers: Embrace Virtual Reality Now (But Also Be Careful)!

We’ve previously addressed the hype that it is only a matter of time until brick and mortar retail succumbs to its online competitors. While we concluded that brick and mortal retail is not in danger of immediate extinction,...more

On the Way to a European Digital Single Market: Whether You Sell Online or Offline – Listen Up!

The European Commission’s Directorate-General for Competition has issued a lengthy preliminary report of its ongoing sector inquiry into the e-commerce of goods and digital content. The sector-wide inquiry was launched on May...more

California Adopts New Regulations For Warnings Under Proposition 65: CAVEAT VENDITOR (Sellers Beware)

Come August 30, 2018, consumer products to be released into the California marketplace must meet new regulations under California’s infamous Proposition 65. On August 30, 2016, the California Office of Administrative Law...more

As Retailers Show, You Have to Go Dark Sometimes to Bring a Crisis into the Light

Not that it’s the job of the press to toss bouquets, but I still found the headline on a recent [9-26-16] Boston Magazine story on a new web initiative by the Retailers Association of Massachusetts (RAM) to be surprisingly...more

Alabama Department of Revenue Submits Response in Economic Nexus Test Case

The Alabama Department of Revenue (ADOR) quietly filed its Answer in the ongoing challenge by Newegg, Inc. to the so-called economic nexus threshold set forth in ADOR Rule 810-6-2.90.03 for certain out-of-state retailers. In...more

Preliminary Report on the E-commerce Sector Inquiry: Key findings

On 15 September 2016, the European Commission published its Preliminary Report on the E-commerce Sector Inquiry. Although the Report is preliminary, its findings already highlight concerns on the part of the European...more

Buying and selling online: the EU's new findings on e-commerce

On 15 September 2016, after more than a year of information-gathering and analysis, the European Commission published a voluminous report (291 pages) of preliminary findings from its large-scale e-commerce inquiry (the...more

E-Commerce Inquiry – A Threat to Rights Holders and Retailers

The European Commission today published its preliminary report on the e-commerce sector inquiry (the “Preliminary Report”). The Preliminary Report focuses on the online sale of consumer goods and on digital content and has...more

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