News & Analysis as of September 25, 2024

Supreme Court of the United States › Internet Retailers

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

A cautionary tale: Challenges for firms in Wayfair compliance

Bradley Arant Boult Cummings LLP on 12/6/2023

Law firms periodically receive requests for advice from CPAs regarding a client’s need to come into compliance with the relatively new and sometimes confusing “economic nexus” or “Wayfair” rules for selling goods or providing...more

Financial Daily Dose 6.2.2021 | Top Story: Ransomware Attack Hobbles World’s Top Meat Processor JBS

Robins Kaplan LLP on 6/2/2021

JBS, the world’s largest meat processor, shuttered operations at locations throughout the U.S. and Canada on Tuesday after a ransomware attack that also impacted its Australian operations. The White House has confirmed that...more

Nota Bene Episode 98: The U.S. Supreme Court’s Mark on U.S. Antitrust Law for 2020 with Thomas Dillickrath and Bevin Newman

Sheppard Mullin Richter & Hampton LLP on 10/6/2020

The United States Supreme Court infrequently hears antitrust cases but when it decides to hear a case, the Court has the power to shape the framework of American antitrust laws. In this episode, we’re examining the...more

Pennsylvania Administratively Sets Bright-Line Economic Nexus Threshold for Corporate Net Income Tax

Morgan Lewis on 10/4/2019

The Pennsylvania Department of Revenue issued a bulletin announcing its view that the US Supreme Court’s sales and use tax decision in Wayfair v. South Dakota applies equally to corporate net income tax and authorizes the...more

Insights from the Supreme Court’s Apple v. Pepper Antitrust Decision

Jones Day on 6/5/2019

In May 2019, the U.S. Supreme Court issued a 5–4 decision in Apple v. Pepper, one of the Court's most significant antitrust rulings of the last several years. In a majority opinion authored by Justice Kavanaugh, the Court...more

Follow The Money: The Supreme Court Defines the “First Purchaser” to Whom Illinois Brick Limits Antitrust Damage Claims as a...

K&L Gates LLP on 5/28/2019

In a 5–4 decision, in Apple, Inc. v. Pepper, the U.S. Supreme Court (the “Court”) followed the its 1977 precedent in Illinois Brick v. Illinois, which limits the assertion of antitrust damage claims to the first purchaser...more

Future of Antitrust Class Actions Foreshadowed in Apple Inc. v. Pepper

Faegre Drinker Biddle & Reath LLP on 5/24/2019

On May 13, 2019, the Supreme Court issued its most recent decision relating to antitrust class action litigation. The case, Apple Inc. v. Pepper, No. 17-204, could represent a significant shift in antitrust class action...more

Taxpayers Cannot Sue Out-of-State Taxing Authorities in Local Courts

Jones Day on 5/22/2019

The Supreme Court ruling will prevent taxpayers from challenging assessments from out-of-state taxing authorities in local courts. On May 13, 2019, the U.S. Supreme Court ruled that states retain sovereign immunity from...more

SCOTUS Blows Down Apple’s House Made of Illinois Brick

Bradley Arant Boult Cummings LLP on 5/21/2019

In a 5-4 split decision, the U.S. Supreme Court appears to have reworked a longstanding precedent that has been a foundation of antitrust litigation for more than 40 years—the “direct purchaser” rule of Illinois Brick, which...more

Evolving Antitrust Principles in the Age of Big Tech: Supreme Court Allows Antitrust Suit to Move Forward Against Apple

Patterson Belknap Webb & Tyler LLP on 5/21/2019

In a recent decision decided on May 13, 2019, the Supreme Court allowed an antitrust suit to move forward against Apple. Consumers brought suit based on Apple’s operation of its App Store – which serves as the exclusive...more

Supreme Court Upholds Ninth Circuit Decision: Antitrust Action Against Apple May Proceed

Carlton Fields on 5/20/2019

In a 5-4 ruling issued on Monday, the U.S. Supreme Court in Apple Inc. v. Pepper determined that iPhone users may proceed with their claims against Apple over its alleged anticompetitive app store practices. The decision...more

Apple Inc. v. Pepper: The Supreme Court Chips Away at Illinois Brick, Allowing iPhone Users to Sue Apple for Monopolizing iPhone...

Akin Gump Strauss Hauer & Feld LLP on 5/20/2019

• The U.S. Supreme Court split 5-4 on how to apply Illinois Brick’s prohibition on federal indirect purchaser lawsuits to a case where plaintiff app purchasers bought apps from the Apple App Store, paying a price set by the...more

App Store Purchasers Entitled To Bite At The Antitrust Apple, Says Supreme Court

Fox Rothschild LLP on 5/20/2019

The United States Supreme Court decided this week that purchasers of apps through the Apple App Store have standing under federal antitrust law to bring a class-action lawsuit against the tech giant....more

U.S. Supreme Court Clarifies the Direct-Purchaser Rule, Allows App Purchasers to Proceed Against Apple

Alston & Bird on 5/20/2019

Wondering if you’re a direct purchaser from a monopoly? There’s a Supreme Court ruling for that. Our Antitrust Team downloads the Court’s Apple v. Pepper decision and considers its conclusions and implications....more

U.S. Supreme Court Allows App Store Anti-Trust Class Action To Proceed Against Apple

Weintraub Tobin on 5/17/2019

In APPLE INC. v. PEPPER ET AL., case number 17-204, the United States Supreme Court considered a case alleging Apple has monopolized the retail market for the sale of apps and has unlawfully used its monopolistic power to...more

Supreme Court Holds Antitrust Claims of iPhone App Consumers Are Not Barred by Illinois Brick

Skadden, Arps, Slate, Meagher & Flom LLP on 5/15/2019

On May 13, 2019, in a 5-4 decision in Apple Inc. v. Pepper, the U.S. Supreme Court held that consumers of iPhone apps are direct purchasers of Apple and therefore have standing to sue the company for alleged monopolization of...more

Supreme Court Decides Apple Inc. v. Pepper

Faegre Drinker Biddle & Reath LLP on 5/14/2019

On May 13, 2019, the Supreme Court decided Apple Inc. v. Pepper, No. 17-204, holding that iPhone owners who purchase apps from Apple’s App Store are “direct purchasers” from Apple and may sue Apple for alleged monopolization...more

Impact of the U.S. Supreme Court Wayfair Decision on the Outdoor Industry

Holland & Hart LLP on 12/13/2018

BACKGROUND: In June 2018, the U.S. Supreme Court issued an important tax decision in the matter of South Dakota v. Wayfair. In Wayfair, the Court determined that a state can impose a sales tax collection and remittance...more

5 Key Takeaways: U.S. Sales and Use Tax: Where are we after South Dakota v. Wayfair?

Kilpatrick on 12/10/2018

Jeffrey S. Reed, Chair of Kilpatrick Townsend’s State and Local Tax Group, spoke in Washington DC on November 29, 2018 at the International Tax Dispute Resolution & Litigation Summit, on the topic “U.S. Sales and Use Tax:...more

Don’t Snooze on Potential New Sales Tax Collection Obligations

MoFo Tech on 12/6/2018

Until recently, retail sellers of goods and services were not required to collect sales tax unless they had a physical presence in a state. Sellers that operated primarily from one location and offered goods and services via...more

California Update Regarding Implementation of Sales and Use Tax Collection Requirement After Wayfair

Morrison & Foerster LLP on 11/13/2018

On October 24, 2018, the California Department of Tax and Fee Administration (CDTFA), including Director Nick Maduros, held a meeting for taxpayers and stakeholders to discuss implementation of the California sales and use...more

What to Know About Wayfair and Its Impact on Maryland Sales Tax Audits

Rosenberg Martin Greenberg LLP on 11/12/2018

Earlier this year, the Supreme Court decided on the much-anticipated case of South Dakota v. Wayfair, 585 U.S. ___, 138 S.Ct. 2080 (2018). At issue was the validity of a statute applying sales tax to internet retailers that...more

Client Alert: Illinois Imposes Economic Nexus Standard Impacting Remote Sellers

Neal, Gerber & Eisenberg LLP on 9/25/2018

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

Antitrust, Competition, and Economic Regulation Quarterly Newsletter - Summer 2018

Hogan Lovells on 9/19/2018

Read the latest news on antitrust, competition, and economic regulation in this summer edition of our quarterly ACER newsletter. ...more

U.S. and Foreign Businesses: You are Now “Virtually” Certain to Have Multistate Tax Obligations

Womble Bond Dickinson on 9/7/2018

Executive Summary - After Wayfair, unless Congress intervenes: The physical presence sales tax taxability standard is now gone - at least under circumstances like those presented by South Dakota’s situation. Income...more

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Supreme Court of the United States › Internet Retailers

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