Commerce Clause

The Commerce Clause describes an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress. It is common to see the individual components of the Commerce Clause referred to under specific terms: The Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause.
Posts about Commerce Clause
    • South Dakota Supreme Court Hears Oral Argument In Commerce Clause Challenge

      On August 30, 2017, the South Dakota Supreme Court heard oral argument in the State of South Dakota’s appeal from the entry of summary judgment by the Hughes County Circuit Court in favor of retailers Wayfair Inc., Overstock.com, Inc. and Newegg, Inc. The Circuit Court in March 2017 invalidated the South Dakota economic nexus statute as unconstitutional pursuant to the long-st ...

      Brann & Isaacson- 22 readers -
    • Brann & Isaacson Lawyers Prevail in South Dakota Supreme Court Commerce Clause Challenge

      Brann & Isaacson partners George Isaacson, Martin Eisenstein, and Matthew Schaefer prevailed on September 14, 2017, in the South Dakota Supreme Court on a major statutory challenge to the leading U.S. Supreme Court Commerce Clause case protecting remote sellers with no physical presence from being obligated to collect and remit sales and use tax, Quill Corp. v. North Dakota, 504 U.S.

      Brann & Isaacson- 15 readers -
  • Indiana “Economic Presence” Nexus Law Suspended Pending Litigation

    … and Overstock.com), the Department of Revenue informed that the Superior Court that the Department has no authority to enforce the sales/use tax collection and reporting requirements of the law during the pendency of the litigation against any out-of-state retailers that do not voluntarily register to collect the tax. We will keep you apprised of further significant developments in the Indiana litigation. The post Indiana “Economic Presence” Nexus Law Suspended Pending Litigation appeared first on Brann & Isaacson. …

    David Swetnam Burland/ Brann & Isaacson- 14 readers -
  • The Different Types of White-Collar Crime Laws in Texas

    …) Antitrust violations Credit card fraud Computer/internet fraud Bankruptcy fraud Embezzlement Tax evasion Public corruption Economic espionage/trade secret theft Environmental law violations Counterfeiting Financial institution fraud Insurance fraud Kickbacks Mail fraud Phone/telemarketer fraud Government fraud Intellectual property theft or piracy Money…

    The Law Office of Matthew D. Sharp- 9 readers -
  • B&I Attorneys Tackle Local Tax Issues In State Tax Notes Article

    … Managing partner Martin I. Eisenstein and attorney Jamie Szal, who recently joined Brann & Isaacson after practicing state and local tax law in Massachusetts, have written a news article for State Tax Notes on “The L in SALT: Limits on Local Jurisdiction to Tax,” which discusses the constitutional analysis applicable to taxes imposed…

    Brann & Isaacson- 13 readers -
  • Tennessee Chancery Court Enjoins Enforcement of New Sales Tax Collection Rule

    … Tennessee sales tax. As reported by BNA Bloomberg, the court enjoined enforcement of the rule while it considers whether it violates the Commerce Clause of the U.S. Constitution under Quill v. North Dakota. In the BNA Bloomberg article, Isaacson is quoted as saying, “I am especially pleased that the Order issued by the Tennessee Chancery Court…

    Brann & Isaacson- 8 readers -
  • Supreme Court Declines To Hear Challenge To Colorado Tax Reporting Statute

    … This week, the Supreme Court denied the petition for a writ of certiorari filed by Senior Partner George Isaacson and partner Matthew Schaefer on behalf of the Data & Marketing Association, previously known as the Direct Marketing Association, in one of the key tax disputes presented to the Court this term. The DMA sought Supreme Court…

    Brann & Isaacson- 13 readers -
  • Tennessee DOR and Attorney General Approve Unconstitutional “Economic Nexus” Rule

    … or not the seller has a physical presence in the state. See Rule 1320-05-01-.129(2) (“Rule 129”). Rule 129 is clearly unconstitutional under the Supreme Court’s holding in Quill Corp. v. North Dakota, 504 U.S. 298, 313-19 (1992), which provides that a state lacks the authority under the “substantial nexus” requirement of the dormant Commerce Clause…

    Brann & Isaacson- 15 readers -
  • Substantial Nexus Under Siege: Industry Fights Back!

    …. In addition to showing why the substantial nexus rule lives on, as strong as ever, in the decisions of the U.S. Supreme Court, the authors go over fights now underway in South Dakota and Alabama, and point to other states that appear to be ready to follow suit. George Isaacson and Matthew Schaefer represent ACMA and four major retailers in the two…

    Brann & Isaacson- 40 readers -
  • Wage Theft Updates: Service Industry, Food Service and More

    … overtime. Under the Fair Labor Standards Act, so-called independent contractors can bring a claim for misclassification. Simply because the employer classifies a worker as an independent contractor doesn’t mean he or she is. The law looks at a number of factors including the level of control the company has over the worker. Reynolds says he worked…

    Due Diligence- 13 readers -
  • Are Church and Religious Workers Covered by the FLSA?

    …. So do ministers and religious organizations. As a general rule, religious organizations and churches are exempt from the FLSA. For example, a priest or nun who takes a vow of poverty can’t later sue for unpaid overtime or wage theft. In passing the Fair Labor Standards Act, Congress relied on the Commerce Clause of the U.S. Constitution…

    Due Diligence- 25 readers -
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