On June 21, 2018, the U.S. Supreme Court ruled in Wayfair v. South Dakota that internet and catalogue retailers can be required to collect sales taxes from customers in states where they have no physical presence. In plain English, in most situations, no more tax-free shopping on the internet. Buyers have always technically been required to pay a use tax to their state if no sales tax was collected by the seller. This decision overrules two older decisions that allowed retailers to avoid collecting sales tax on customers outside of its home state and outside other states where the retailer had employees, a store, a warehouse or some other physical presence. This is likely the most significant state and local tax case in 25 years and will have a profound impact on businesses who sell taxable goods or services online. Further, there are implications for mergers and acquisitions and could have a chilling effect when the potential buyer of a company realizes that the target has major sales tax exposure.…
Regardless of industry, website accessibility has become an area of focus for ADA litigation. My colleague, Jamie LaPlante, was recently interviewed by the Bristol Herald Courier regarding a filing against Highlands Union Bank in the U.S. District Court in Abingdon, Virginia, where the plaintiff is a blind man from Fairfax county. The case follows a similar fact pattern to the 2017 Florida case against Winn-Dixie where a federal judge ruled the supermarket chain failed to make its website accessible due to the site’s lack of integration with screen reader technology. The last few years have seen an increase in threats of litigation and filings of lawsuits of this nature. We thought it was worth sharing this with you; check out the full article here.…
Porter Wright continues its tradition of providing cutting-edge information about how technology affects your business with the 2016 Technology Seminar Series, beginning May 18.
This year’s sessions are:May 18: Big Data, Data Analytics & the Law 2016: What Your Company Needs to Know About the Evolution of the Next Big Thing
“Big data” is one of today’s most prevalent buzzwords across virtually all industries worldwide. But who truly understands what big data is and how it’s used? How is information collected, stored and analyzed? How are businesses leveraging big data in the workplace and the marketplace? How should companies balance data-driven trend-spotting against consumer protection? What laws or ethical frameworks apply to the use of big data, and how can you be sure your company is complying with them? This seminar provides an introduction to big data analytics, to the legal and strategic issues that big data raises for business, and to the ways that companies can position themselves to handle these challenges. It then zeros in on the use of big data in the modern workplace to illustrate how some of these issues play out in a context familiar to many companies.
Speakers: Dennis Hirsch, Professor of Law, Faculty Director of the Program on Data, Law, Ethics and Policy (DLEAP), The Ohio State University Moritz College of Law and Brian Hall, Porter Wright Morris & Arthur LLP…
Our colleagues on Porter Wright’s product liability team shared an alert about a decision that should be of interest to our manufacturing readers. In Butts v. OMG, Inc., et al., the Sixth Circuit Court of Appeals clarified that a plaintiff’s burden, when bringing a design defect or inadequate warnings claim under the Ohio Products Liability Act, is to prove the injury was reasonably foreseeable to the manufacturer. Read more…
Our colleague at Employer Law Report, Brian Hall, conveys his thoughts about the first installment of our 2015 Technology Seminar Series. This May 13 seminar focuses on big data, data analytics and the law: What your company needs to know about the next big thing. Read more about what Brian plans to discuss at the seminar.…
We wanted to take a moment to announce our newest endeavor, Antitrust Law Source. Antitrust Law Source is a new site designed for visitors to quickly and easily learn about developments in this growing arena. The site will focus primarily on news and legal updates related to antitrust in a podcasting format. The podcasts will feature a variety of insights, educational offerings, discussions and interviews with thought leaders across a variety of industries.
The site is prepared by members of our firm’s Antitrust Practice Group and will feature news and information on a range of areas, including:
- Civil litigation
- Compliance programs/audits
- Consumer protection
- Criminal and civil government enforcement
- Distribution, pricing and promotional allowance programs
- Intellectual property/Technology
- International issues
- Legislative matters
- Mergers, acquisitions and joint ventures
- Privacy and data security
We encourage you to share your thoughts with us.…
Porter Wright continues its tradition of providing cutting-edge information about how technology affects your business with the 2014 Technology Seminar Series, beginning June 18. This year’s sessions are:Social media in litigation: a shield and a sword
The worlds of social media and litigation have collided. Social media evidence is used in employment discrimination lawsuits, in divorce and custody cases, in criminal cases – and intellectual property cases are won and lost based on the information disclosed on social media sites. Like it or not, social media is an aspect of litigation that is here to stay. Sara Jodka, Colleen Marshall and Jay Yurkiw will walk you through how social media affects the way companies prepare for and engage in litigation, including the good, the bad and the ugly. This session will provide guidance about how you can make sure that your company’s social media use will not get the company into hot water. Presenters also will share helpful insights regarding what to do about social media when litigation is filed and identify the biggest social media in litigation hazards.…
From time to time we share news about educational opportunities that may be of interest to our subscribers. Members of Porter Wright’s Appellate and Supreme Court practice will hold a roundtable April 8 to discuss the benefits of amicus advocacy before the Ohio Supreme Court.
Too often, the Ohio Supreme Court decides issues that affect an industry statewide without first hearing from the industry itself. Trade associations and companies can address this issue by filing “friend of the court” briefs. To learn more about how your organization can be part of this process, join Kathleen Trafford, Brad Hughes and Dennis Hirsch for a breakfast briefing. Using a roundtable format, they plan to cover the benefits of amicus advocacy, strategies for effective amicus advocacy and the rules governing “friend of the court” briefs.
Schedule Tuesday, April 8, 2014 7:30 a.m. – 8 a.m. — Registration and breakfast 8 a.m. – 9 a.m. — Roundtable discussion
Location Porter Wright 41 S. High St., 29th Floor Columbus, OH 43215
Register online for this complimentary event.…
Our colleagues on the Federal Securities Law Blog have been tracking new and updated SEC regulations that are likely to have an impact on your business now and in the near future. The compilation of articles in their most recent eBook — SEC Updates: Staying Ahead of the Regulatory Curve — discuss three important SEC regulatory changes: whether companies that use social media to communicate with investors are complying with Regulation Fair Disclosure, compensation committee rules, and conflict minerals reporting.
Download the SEC Updates: Staying Ahead of the Regulatory Curve eBook.…
This article was published originally at InsideCounsel.com. The article is the fourth in a six-part series focusing on evidence spoliation. Read more about previous posts. Technology Law Source will notify readers as InsideCounsel.com publishes additional articles in this series.
In its simplest terms, a legal hold (also known as a litigation hold, preservation order, suspension order, freeze notice, hold notice or hold order) is a process that an organization uses to preserve all forms of relevant information when litigation is reasonably anticipated, according to Shira A. Scheindlin and Daniel J. Capra, who wrote The Sedona Conference, Electronic Discovery and Digital Evidence. Legal holds can take many forms and may be initiated by individuals within and/or outside an organization. For example, a hold can be oral, written or electronic and may be implemented by company executives, in-house counsel, representatives from the human resources or information technology department or outside counsel.
No matter who or how a hold is implemented — issuing a proper hold is essential. The purpose of a legal hold is to inform all relevant personnel of their obligation to locate and preserve all information that may be pertinent to actual or threatened litigation. To accomplish this task, a legal hold must provide some type of description of the actual or anticipated proceeding, identify the scope and type of information to preserve, and specify the locations of the information to be preserved. The hold must also confirm that any applicable document destruction procedures or policies of an …
This article was published originally at InsideCounsel.com. The article is the first in a six-part series focusing on evidence spoliation. Read part 2: Events courts consider when deciding if duty to preserve evidence has been triggered; and part 3: Preservation obligations after a duty to preserve has been triggered. Technology Law Source will notify readers as InsideCounsel.com publishes additional articles in this series.
There is no consensus among state or federal courts on the standards that govern preservation and spoliation issues. Yet, whether and when a company has a duty to preserve evidence is among the first questions that come to mind for inside counsel considering spoliation issues. Generally, a company has no duty to preserve evidence before litigation is filed, threatened or reasonably foreseeable unless there is a statutory or regulatory mandate, a contractual obligation, some special circumstance, or an organization has voluntarily assumed an obligation to retain some document, data or thing. That means, unless a company has notice of a probable or pending litigation or a government investigation, it generally has the right to dispose of its own property, including documents, electronically stored information or tangible things, without liability.…
We wanted to take a moment and share our latest Porter Wright blog with you — the Oil & Gas Law Report is designed for readers to quickly and easily learn about the latest legal developments affecting producers, investors, transporters, land owners, and governing organizations.
It is prepared by members of Porter Wright’s Oil & Gas Practice Group and will cover news and information in a wide range of areas related to the industry , including:
- Oil and gas storage well leases
- Eminent domain, zoning and land use issues
- Joint operating agreements
- Drilling contracts, gas gathering and transportation contracts
- Construction matters
- Bank, financial institution and private financing agreements
- Tax considerations and incentives
- Real estate and oil and gas conveyances
- Regulatory compliance and permitting
- Environmental permitting and other issues relating to wastewater discharges and disposal, groundwater contamination
- Project finance
- Corporate mergers, acquisitions and dispositions
- Labor and employment, including OSHA and workers’ compensation matters
- Legislative developments
We invite you to visit the blog and let us know your thoughts.…
Wednesday, February 16, 2011 11:30 a.m. – 1:30 p.m. Lunch will be provided. Capital Club – 41 South High Street, 7th Floor Columbus, Ohio
One needs only to visit a site such as http://www.privacyrights.org/data-breach to learn the extent data breach incidents occur. This workshop will help you learn how to respond to data breach intrusions, whether as a result of a lost laptop, criminal hacking, or other unauthorized access or use of information.
Featuring: Robert J. Morgan, Esq., Porter Wright Morris & Arthur LLP Jeremy A. Logsdon, Esq., Porter Wright Morris & Arthur LLP Donna M. Ruscitti, Esq., Chair, Porter Wright’s Information Privacy and Data Security Practice Group
This is a complimentary seminar, however seating is limited. To reserve your spot at this program, please e-mail Deb Ballard at firstname.lastname@example.org before February 14.