News & Analysis as of

Internet Retailers

Preparing for a Retail Storm

by Goulston & Storrs PC on

Demand for products has always been driven by fairly predictable seasonal weather, both in brick-and-mortar stores and online. It seems obvious that colder weather boosts the sales of things like boots and snow removal...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Another day, another massive Chinese IPO. This time, its ride-hailing company (and former Uber rival) Didi Chuxing, which could go public later this year and has its sights set on a $70-$80 billion valuation....more

Vertical Agreements in the Online Sales of Goods

by Shearman & Sterling LLP on

The growth of e-commerce and the resulting increase in price transparency and price competition have a significant impact on companies’ distribution strategies and consumer behavior. While the emergence of e-commerce has the...more

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

Supreme Court Hears Oral Arguments on State Taxation of Online Retailers

by Bryan Cave on

The U.S. Supreme Court heard long-awaited arguments yesterday in South Dakota v. Wayfair, the case brought by the state against several retailers, hoping that the court will overturn over 25 years of precedent on the issue of...more

Expanded Beer, Wine and Spirits Sale and Delivery Options in Michigan Now Include On-Line Purchases

by Varnum LLP on

If your on-line grocery list looks similar to my typical assortment of items, a snapshot would undoubtedly include eggs, pretzels, Twinkies (love those mysterious carb-filled creations!) and, if the list was generated post...more

Wayfair Oral Arguments: U.S. Supreme Court Sharply Divided on Sales Tax for e-Commerce

The U.S. Supreme Court on April 17, 2018 heard oral arguments in South Dakota v. Wayfair, on whether the justices should overrule the 1992 Quill decision, which prevents states from collecting sales taxes from vendors who...more

The Supreme Court Weighs a New State Tax Nexus Standard, Again

by Alston & Bird on

The U.S. Supreme Court heard oral arguments in the latest challenge to Quill’s physical-presence standard for collecting state use taxes. Our State & Local Tax Group provides a first-hand account of the lively debate and...more

Third Time’s the Charm

by McGuireWoods LLP on

A 51-year old tax decision may finally be overturned as the Supreme Court takes a third look at a highly controversial sales tax issue: Should companies be required to remit sales taxes to states in which they sell products...more

Supreme Court Hears Wayfair Oral Arguments: Are Most Internet Sales Now Subject to Sales Tax?

The U.S. Supreme Court will hear oral arguments in South Dakota v. Wayfair, Inc. on Tuesday, April 17, 2018. In response to a possible change in the law of state tax nexus, we suggest that businesses should evaluate their...more

The impact of the Geo-blocking Regulation after Brexit

by Hogan Lovells on

In anticipation of the UK’s withdrawal from the European Union, the European Commission has released a Notice to Stakeholders on the impact of Brexit on the incoming rules on geo-blocking (the “Notice“)....more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

The SEC has opened a probe into Guggenheim Partners’ asset-management arm over an $85-million real-estate transaction and a series of other deals involving ABS Capital—including a loan to BCBG Max Azria just months before the...more

Georgia Poised to Require Out-of-State Online Retailers to Collect Georgia Sales Tax

by Burr & Forman on

Friday March 30th marked the end of Georgia’s 2018 Legislative Session. For out-of state online retailers, though, the session lasted two (2) days too long. Thursday morning, March 29th, Georgia’s House and Senate passed HB...more

U.S. Senators Ask Supreme Court To Overturn Quill

by Fox Rothschild LLP on

A number of parties have filed amicus curiae briefs in South Dakota v. Wayfair, a case that could substantially reshape the state sales tax landscape. Perhaps one of the most interesting amicus briefs was filed by a group of...more

Antitrust Alert: ACCC Pushes for General Safety Provision on Sale and Marketing of Products

by Jones Day on

The Australian Competition and Consumer Commission (ACCC) has announced product safety priorities for 2018. A key priority is for the Commission to work towards the introduction of a General Safety provision within the...more

Ninth Circuit Finds Data Breach Customers Have Initial Standing to Sue

by Jones Day on

The Situation: Relating to a 2012 data breach lawsuit against Zappos.com, a district court had found that a certain group of plaintiffs lacked standing to sue because they "failed to allege instances of actual identity theft...more

The Future of COTS Procurement: The Proposed Section 846 Business Models

On March 16, 2018, the General Services Administration (“GSA”) and the Office of Management and Budget (“OMB”) released their Phase 1 Implementation Plan (the “Plan”) for “Procurement Through E-Commerce Portals” as directed...more

Consumer Products Sellers Beware: New Prop 65 Warnings Coming in California

New Proposition 65 safe harbor warnings will take effect on August 30, 2018. While these new warnings relate to a wide range of goods and services, we are focused on changes that impact consumer products due to the focus of...more

Ninth Circuit Wades into Growing Debate over Data Breach Standing

Is the risk of future harm enough to satisfy Article III standing in a data breach suit? That’s the question courts of appeals around the country are wrestling with now – and reaching opposing results. ...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

A look at the some of the losers—cities, mostly—in Amazon’s recent move to start collecting sales taxes in more states. The problem? While Amazon now collects sales taxes in every state that has one, it’s collection deals...more

No Relief in Sight from Website Accessibility Lawsuits

by Goulston & Storrs PC on

In February 2017, we reported on a surge in website accessibility lawsuits brought under the Americans with Disabilities Act (“ADA”). This litigation trend has accelerated over the past year and shows no signs of slowing...more

Ninth Circuit Gives Leg Up To Shoe Purchasers’ Data Breach Suit

by Carlton Fields on

On March 8, a Ninth Circuit panel held that fear of identity theft in the wake of a data breach satisfies the standing requirements of Article III of the United States Constitution....more

What Might Wayfair Mean for Me? The Changing Landscape of State and Local Sales Taxes and Retroactivity Concerns

by Pullman & Comley, LLC on

The rise of the internet retailer has created significant loss of sales tax revenue for state revenue agencies due to the loss of revenue from sales and use tax collected in brick-and-mortar retail establishments....more

Subscription Services and Their Impact on Retail

by Robins Kaplan LLP on

Subscription services are becoming increasingly popular. Once offered by e-commerce retailers, subscription services have caught the attention of traditional retailers....more

Cross-border parcel delivery – European Parliament approves the regulation proposal

by Hogan Lovells on

Some time ago now, the European Commission launched an initiative to improve transparency and regulate the cross-border parcel delivery sector as part of its aspiration to create a real Digital Single Market. Clearly, no...more

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