Clause & Effect
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New York Internet Tax Law Does Not Violate Commerce Clause
Joel Stashenko
An appeals court ruled last month that a state law requiring most online retailers to collect sales taxes on purchases by New Yorkers is constitutional on its face, though the panel ordered the reinstatement of claims that the tax law may violate the Commerce and Due Process clauses as applied to Amazon.com and Overstock.com.
Features
Selling Your e-Commerce Company in 2011
Stanley P Jaskiewicz
Entrepreneurs once able to cash out on their own terms, to eager buyers unwilling to risk negotiating lest a competitor get the deal, now must accept markedly less favorable terms.
Features
Sugarland Suit Offers Look at Dynamics of Litigating Intra-Band Disputes
R. Robin McDonald
Fresh off their November 2010 win for Vocal Duo of the Year at the Country Music Awards in Nashville, Sugarland faced a far different contest in a federal courtroom in Atlanta, GA, in a fight stemming from a 2005 split with the band's founder and former member, Kristen Hall. The trial, if held following more than two years of litigation, could easily have been billed as the anatomy of a band breakup. Though fact-specific to Sugarland, Hall's suit raises issues that are relevant to all-too-common litigations over intra-band disputes.
Features
Mediate Your Clients' Employment Claims
Steven Adler
While growing in popularity, mediation still remains underutilized in employment disputes. From the employee's perspective, mediation should be a "no-brainer."
Features
Acquisition of Company Assets
Stanley R. Kaminski
With a little knowledge and planning, a purchasing company may be able to avert the expensive surprise of acquiring thousands of dollars in hidden unclaimed property that it must subsequently report and remit to multiple states.
Features
Honest-Services Fraud in the Wake of Skillings
Robert Plotkin
&
Nicholas B. Lewis
The Supreme Court has tried again to restrict application of the honest-services fraud statute (18 U.S.C. ' 1346), which has been zealously used by prosecutors to target a wide swath of allegedly unethical behavior by public officials and private employees alike.
Features
FAA Updates Its Procedures for Registration of Aircraft
ALM Staff
&
Law Journal Newsletters
This article discusses a new FAA rule designed to improve the accuracy of aircraft registration records, and its effect on aircraft financiers.
Features
Can a Victim of Domestic Abuse Get Out of a Lease?
Karen Meislik
In our day-to-day practice as family law practitioners, we help clients negotiate their way through the maze that is divorce. Besides the usual parenting and financial issues, some clients experience abuse at the hands of their spouse, a significant other or another household member. If this happens, the victim can obtain a Protective Order. However, as is too often seen in the newspapers, the Protective Order is merely a piece of paper and does not guarantee safety.
Features
Child Pornography on Workplace Computers
Marjorie J. Peerce
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Carolyn Barth Renzin
What are the implications of having child pornography on the premises? In businesses, child pornography generally is discovered by IT personnel. Or, if a corporation undergoes an unrelated internal investigation in which all computers, hard drives, e-mail servers, etc. are frozen and searched for responsive material, such a search can to lead to the discovery of child pornography stored on the corporation's server or on an individual's hard drive. What can/must/should be done as a result?
Features
The Courts: Active Players in White-Collar Cases
Stanley A. Twardy, Jr.
&
Doreen Klein
In June, the Supreme Court unanimously held that Enron's former CEO Jeffrey Skilling did not commit "honest services" fraud, ruling that the statute under which he was convicted must be limited to bribery and kickback schemes to avoid constitutional concerns over vagueness. The decision should curtail prosecution of a variety of conduct that the government would otherwise seek to criminalize through the statute. In contrast, the courts are expanding the reach of other criminal statutes to encompass conduct previously regarded as outside their scope.
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