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Retail Market Constitutional Challenges

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation and Regulatory Update - April 2023

FDA Proposes Changes to Standards of Identity for Foods Including Salt- The U.S. Food and Drug Administration (FDA) has issued a proposed rule that would change the standards of identity (SOIs) for foods that include salt to...more

Hogan Lovells

Preliminary injunction issued against new Proposition 65 lawsuits for acrylamide in food & beverage

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On 29 March 2021 the United States District Court for the Eastern District of California entered a significant ruling temporarily halting the filing of new lawsuits by the California Attorney General and anyone else related...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - December 2020

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CYBERSECURITY - Cyber Exposures Rise During Pandemic - Although it is logical that cyber-attacks have risen during the pandemic, and there is anecdotal evidence that it is occurring, including our own experience, an...more

Seyfarth Shaw LLP

The Week in Weed: June 2020

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Louisiana is expanding medical marijuana, and the United Nations may reschedule cannabis.  Meanwhile, PetSmart faces a lawsuit over pet CBD.  MedMen has campaign finance problems, and the 9th Circuit looks at taxes....more

Robins Kaplan LLP

Financial Daily Dose 2.19.2020 | Top Story: Arguments Begin Regarding Facebook’s 2010 Tax Bill

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On Tuesday, a U.S. federal tax court began hearing arguments regarding Facebook’s 2010 tax bill. The IRS valued Facebook at $13.8 billion, while Facebook reported only $6.5 billion. The final tally could potentially cost...more

Skadden, Arps, Slate, Meagher & Flom LLP

The State of Congressional Investigations Heading Into 2020

When members of the U.S. House of Representatives and Senate were sworn into office in January 2019, Democrats took control of the House and its oversight agenda for the first time in eight years, 235-200 seats, and...more

Robins Kaplan LLP

Financial Daily Dose 1.16.2020 | Top Story: US and China Make Phase One Official While Trade Questions Linger

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Well, Phase One is official, thanks to a White House signing yesterday that included Chinese Vice Premier Liu He. With that act comes our first substantive look at the deal that’s been thus-far shrouded in secrecy. Some...more

Ballard Spahr LLP

Parties in case challenging constitutionality of NY “no credit card surcharge” law jointly seek dismissal of complaint and appeal

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The NY Attorney General and the plaintiffs in Expressions Hair Design v. Schneiderman have filed a joint motion with the U.S. Court of Appeals for the Second Circuit asking the court to vacate the district court’s final...more

Ballard Spahr LLP

NY Court of Appeals issues interpretation of NY “no credit card surcharge” law

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The New York Court of Appeals has issued an opinion in Expressions Hair Design v. Schneiderman interpreting the state’s law that prohibits merchants from imposing a surcharge on credit card purchases (Section 518 of the...more

Neal, Gerber & Eisenberg LLP

Client Alert: Illinois Imposes Economic Nexus Standard Impacting Remote Sellers

On June 21, 2018, the United States Supreme Court dramatically altered the state tax world when it issued its decision in South Dakota v. Wayfair, Inc....more

Robins Kaplan LLP

Another Online Sales Tax Update: SCOTUS Overrules Quill

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On June 20, 2018 the United States Supreme Court held in South Dakota v. Wayfair that states can collect sales tax from online retailers. ...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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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

Foley & Lardner LLP

Ninth Circuit Holds That a Prohibition on Credit Card Surcharges Abridges Merchants’ Freedom of Speech in Violation of First...

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The Ninth Circuit’s recent decision in Italian Colors Rest. v. Becerra (“Italian Colors”), upheld an as-applied constitutional challenge to a California law prohibiting retailers from imposing a surcharge on customers paying...more

Seyfarth Shaw LLP

Freedom To Surcharge—Ninth Circuit Rules Businesses Can Charge Card Fees

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Seyfarth Synopsis: Ninth Circuit upholds district court decision granting five businesses injunctive relief, finding that state law banning credit card surcharges is unconstitutional as applied to the five businesses. ...more

Ballard Spahr LLP

Ninth Circuit Rules California "No Credit Card Surcharge" Law Violates First Amendment

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A California law that prohibits merchants from imposing a surcharge on credit card purchases violates the First Amendment of the U.S. Constitution, a unanimous panel of the U.S. Court of Appeals for the Ninth Circuit has...more

Robins Kaplan LLP

Sales Tax for Online Sales: An Update

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With retailers reporting huge online sales from Black Friday and Cyber Monday, now seems like a great time for an update on the online sales tax issue. In our recent article we mentioned that a group of online retailers that...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | October 2017 #2

Chicago Repeals SSB Tax After Two Months of Enforcement - Chicago officials have voted to repeal a sugar-sweetened beverage (SSB) tax approved in November 2016 by the Cook County Board of Commissioners but delayed by a...more

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