News & Analysis as of

Commerce Clause Retailers

Pillsbury Winthrop Shaw Pittman LLP

Federal Court Temporarily Pulls the Teeth Out of California’s Alligator and Crocodile Product Ban

California’s recent ban on the importation and sale of alligator products in the state has faced significant legal pushback from retailers and wholesalers of alligator products, the federal government, and others, and has...more

McDermott Will & Emery

Examining Lebamoff Enterprises v. Whitmer

McDermott Will & Emery on

The US Court of Appeals for the Sixth Circuit’s recent decision in Lebamoff Enterprises v. Whitmer upheld Michigan laws permitting direct-to-consumer shipping by in-state alcohol beverage retailers but prohibiting such...more

White and Williams LLP

United States Supreme Court to Decide Internet Sales Tax Case

White and Williams LLP on

The United States Supreme Court will soon decide a significant sales tax case that is expected to have broad implications for internet businesses. The Supreme Court recently heard oral argument in South Dakota v. Wayfair...more

Parker Poe Adams & Bernstein LLP

Supreme Court Hears Case that May Fundamentally Change the Rules – Are You Ready for Potential Sales Tax Turmoil?

Today the United States Supreme Court heard oral arguments in South Dakota v. Wayfair – a case that could fundamentally change the rules governing when a state may impose sales or use tax collection responsibilities on a...more

McDermott Will & Emery

The Uncertain Legal Future of Wine Direct Shipping by the Retail Tier

McDermott Will & Emery on

The Supreme Court of the United States’ 2005 decision in Granholm v. Heald, which required states allowing their own wineries to direct-ship to consumers to also grant such privileges to out-of-state wineries, marked the...more

Chambliss, Bahner & Stophel, P.C.

Tennessee Takes Out-of-State Sales Tax into Its Own Hands

Are you an out-of-state retailer doing business in Tennessee? If so, take note. The Tennessee Department of Revenue is proposing a new rule mandating certain out-of-state dealers to collect and remit sales and uses taxes to...more

Kilpatrick Townsend & Stockton LLP

Tenth Circuit Rules Colorado Can Require Remote Retailers to Notify Customers of the State's Use Tax

On Monday, the U.S. Court of Appeals for the Tenth Circuit upheld the constitutionality of a Colorado law that requires remote retailers to notify customers of the state’s use tax requirements and report certain customer tax...more

Eversheds Sutherland (US) LLP

Back in Court: DMA Argues Before the Tenth Circuit to Follow Quill

Direct Marketing Association (DMA) continued its fight against Colorado’s use tax reporting regime during oral arguments today before the United States Court of Appeals for the Tenth Circuit. After getting sidetracked with a...more

Eversheds Sutherland (US) LLP

This is Not a Joke: Federal Court to Consider Quill and Comity

In the ongoing saga over Colorado’s use tax reporting laws in Direct Marketing Association v. Brohl (DMA), the U.S. Court of Appeals for the Tenth Circuit ordered a full briefing on the Comity Doctrine and the Commerce Clause...more

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