- There is chatter about a meat tax, which, in some ways, is a hybrid of soda and carbon taxes, because it is aimed at improving public health and combating climate change. A recent article in The Atlantic cites a preliminary report from the private-equity firm Coller Capital, which predicts that “a tax on meat is becoming ‘increasingly probable.’”
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An overview of common planning and enforcement issues that are frequently associated with franchise intellectual property.
- The Florida Supreme Court recently found that the Chapter 558 pre-suit construction defect resolution process qualifies as a “suit” as commonly defined in commercial general liability policies.
- AlertCongress is on the brink of enacting comprehensive tax reform for the first time in over 30 years. Lawmakers are expected to vote this week on a final bill that passed out of a House-Senate conference committee.
- AlertClarifying a previous decision, the D.C. Circuit Court found that a laboratory cannot and is not required to determine medical necessity, but is allowed to rely on the ordering physician’s determination that the laboratory tests are medically necessary.
- The Ohio House of Representatives approved a measure, House Bill 132, which legalizes daily fantasy sports (DFS), by a vote of 92 to 3. The week prior, on Nov.29, 2017, it passed the Senate, 25 to 4.
- In Missouri v. Shanklin, a St. Louis resident hoped to leverage a voter-approved constitutional amendment, known as the right to farm, in his favor to cultivate marijuana. But in an early December decision, the Missouri Supreme Court held that the right to farm does not include the right to farm marijuana.
- Certain high-tax states are preparing for the worst as Congress debates eliminating deductions for state and local income, sales, and property taxes from federal liability as part of its tax code overhaul. New York is one such jurisdiction.
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- 6 action items employers need to ensure that their holiday parties are harassment free.
- Amazon's objection to the Department of Revenue's motion “vigorously disputes the department’s position” on third-party sales, as well as numerous other assertions contained in the motion. Ultimately, Amazon argues, “…the request for injunctive relief is a wild swing to compel unprecedented tax collection without justification or factual or legal basis.”
- Two federal courts have reached conclusions that are favorable to online travel companies. In the case Village of Bedford Park, et al. v. Expedia, Inc., et al., 13 Illinois municipalities claimed that Expedia, Priceline, Travelocity, and Orbitz, owe tax to them under their local hotel tax ordinances.
- In Texas, the 5th Circuit issued an opinion on Nov. 29, 2017, in the case City of San Antonio, Texas v. Hotels.com, L.P. et al., featuring a ruling in favor of yet another group of OTCs: Hotels.com LP, Hotwire, Expedia, Orbitz, and Travelocity.com.
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Fifteen attorneys at McDonald Hopkins have been recognized by Ohio Super Lawyers as among the top attorneys in Ohio. No more than five percent of the lawyers in the state are selected by Super Lawyers.
- AlertThe U.S. Department of Health and Human Services Office of Inspector General announced upcoming audits to determine whether Medicaid payments for services delivered through the use of telecommunication systems comply with Medicaid requirements
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- A California district court recently approved a $208 million settlement, including approximately $45 million in legal fees, which partially resolved class-action antitrust claims against the NCAA and so-called Power Five conferences
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The basic idea behind the franchise relationship is that past success of a franchise concept presents a unique opportunity for an entrepreneur to lower start-up risk while at the same time hedge in favor of long-term business successes. In a properly considered and structured franchise relationship, a hard working relative novice can successfully acquire and successfully run a business.
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- A court in Washington has struck down a Seattle ordinance that would have imposed an income tax on “high-income residents.” The measure would have subjected joint filers with income over $500,000, and single filers with income over $250,000, to a 2.25 percent income tax.
- The New England State and Local Tax Forum held a one-day conference for tax professionals, in which they addressed significant developments in the state and local tax arena with an eye toward helping practitioners with compliance. One of the speakers, Kevin Sullivan, the Commissioner of the Connecticut Department of Revenue Services, remarked that he plans for Connecticut to establish internet taxing regulations that “mimic Massachusetts’ digital ‘cookie’ tax rule.”
- Six factors used by various government agencies to determine whether a subcontractor is an independent contractor and not an employee.
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McDonald Hopkins has launched a bi-weekly podcast series that will feature in-depth conversations with attorneys on important and timely legal and business topics.
- NewsCarl Grassi discusses tax reform and small business tax breaks in an article fro Crain's Cleveland Business.
- New Jersey is joining a growing list of jurisdictions that are willing to consider incremental taxes on the very wealthy. A recent poll revealed that “[t]here is strong, bipartisan support for raising income taxes on the wealthiest 5 percent[,] and for restoring the estate tax for millionaires.”
- The South Carolina Department of Revenue has filed a motion for injunctive relief, asking the court to “require Amazon to collect taxes owed on all of its South Carolina retail sales (including sales of third-party owned items)-the same taxes owed by every retailer that makes retail sales in South Carolina.”
- In June 2016, Nestlé submitted a permit application to the Michigan Department of Environmental Quality seeking permission to increase the amount of water it withdraws from the state. But at least one Michigan lawmaker is not happy that Nestlé pays so little for the water that comes from state resources.
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States have increasingly been enacting stricter laws to limit the use of restrictive covenants. One of the more recent entrants into this debate is the Illinois Freedom to Work Act went into effect on Jan. 1, 2017.
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- A summary of the five key steps an employer must take when making an employment decision based on a background check.
- AlertA recent decision out of Ohio’s 3rd District Court of Appeals reinforces the seemingly well-settled Ohio law that the construction statute of repose applies only to tort actions and does not operate to preclude actions based upon a breach of contract.
- Hitting a five-year high, the Equal Employment Opportunity Commission filed 86 new lawsuits in September 2017. The EEOC made alleged violations of the American Disabilities Act a target of its year-end activity
- NewsMcDonald Hopkins LLC, a business advisory and advocacy law firm, will be hosting a Business Hour regarding the European Union’s General Data Protection Regulation and how the regulation could affect American businesses.
- Can you request a candidate’s salary history? In most states the answer is “yes.” However, concerns about equal pay issues between men and women have led some jurisdictions to pass laws that preventing employers from requesting historic wage information.
- In its recently adopted budget, North Carolina plans to adopt even more tax reforms in 2019. But as is par for the course in North Carolina, not everyone is so thrilled.
- On Oct. 30, 2017, Gov. Tom Wolf signed a measure that revises a number of provisions for horse racing, and the lottery, among other things. It also authorizes the Department of Revenue to operate internet games, referred to as “iLottery” and “Internet instant games.” Pennsylvania is only the fourth state to legalize online gambling.
- In a decision that the Texas Comptroller of Public Accounts released in late October, an Ohio-based corporation was liable for $36,000 of unpaid sales and use taxes, plus a 10 percent late-filing penalty, and accrued interest.
