In determining whether the commerce clause of the U.S. Constitution prohibits a state’s taxation of a remote seller, the U.S. Supreme Court for decades has upheld a tax if (1) there is a substantial nexus between the taxing state and the taxpayer; (2) the tax is fairly apportioned; (3) the tax does not discriminate against
In 2020, two Las Vegas communications consultants brought a lawsuit against a group of top online booking companies. The complaint alleges that the defendant travel companies avoided paying hundreds of millions of dollars in hotel room taxes by buying the rooms at discounted prices, selling them to consumers at higher rates, and then, paying taxes
On July 28, the Iowa attorney general’s office filed suit against Philip Morris, USA, R.J. Reynolds Tobacco Co., and 16 other tobacco companies, accusing them of defrauding Iowa of over $133 million by allegedly engaging in bad faith disputes over amounts due under the Master Settlement Agreement (MSA).
Tobacco company signatories to the MSA, also
On July 21, the Cannabis Administration and Opportunity Act (CAOA), a comprehensive bill to decriminalize, regulate, and tax cannabis, was introduced by Senate Majority Leader Chuck Schumer (D-NY), Senator Cory Booker (D-NJ), and Senate Finance Committee Chairman Ron Wyden (D-OR). According to the senators’ press release, the CAOA aims to “work towards reversing the
The Uniform Law Commission, which writes model laws proposing more clarity in key areas of state law, recently adopted the Uniform Alcohol Direct-Shipping Compliance Act (Model Law), receiving quite a bit of attention within the alcoholic beverage industry.
While the Model law addresses numerous topics, it focuses mostly on the shipment, rather than the
Clayton Friedman and Michael Yaghi Bring Decades of Consumer Regulatory Expertise to Firm
ORANGE COUNTY, Calif. – Clayton Friedman and Michael Yaghi, two leading authorities in the state attorneys general space, have joined Troutman Pepper’s nationally recognized State Attorneys General Practice Group in Orange County, CA as partners. The pair previously practiced at Crowell
In this Regulatory Oversight Podcast episode, Affiliated Monitors President and Founder Vin DiCianni joins Troutman Pepper Partner Ashley Taylor to discuss what role monitorships can play in federal, state, and private enforcement actions. During the episode, Vin and Ashley examine independent monitoring as a viable and effective resource that attorneys general offices should consider as a possible resolution for consumer protection matters.
This article was originally published in Westlaw Today and is republished here with permission.
As detailed in our articles[1] earlier this year, the “right to repair” movement has gained significant steam in the last year. The right to repair movement is an effort focused on ensuring that consumers and aftermarket businesses have the ability
On June 28, Governor Kristi Noem appointed Mark Vargo, Pennington County state’s attorney, as the acting attorney general of South Dakota to serve the remainder of former Attorney General Jason Ravnsborg’s term. Vargo will hold the position until the next elected attorney general takes office in January 2023. Former Attorney General Marty Jackley is
Vermont Governor Phil Scott appointed Republican Suzanne Young as Vermont Attorney General, effective July 5, to fill the vacancy left by Attorney General TJ Donovan, who resigned earlier this month. She will hold the position until the next elected attorney general takes office in January 2023. The primaries for both parties will take