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- Blog PostAccording to two reports from Pew Charitable Trusts, Illinois is one of four states that have seen consistent population declines since 2015. The continuing erosion of Illinois’ tax base is the state’s most pressing budget problem.
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- PodcastMike Witzke is joined by James Boutrous, managing member in the firm’s Detroit office. Jim informs listeners about the necessary steps their business must take when terminating an employee to avoid potential legal action. This is part one of a two-episode labor and employment discussion on MH Business Exchange.
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Host Mike Witzke is joined by James Boutrous, managing member in the firm’s Detroit office. In the episode titled “Terminating an employee, while protecting your business,” Boutrous informs listeners about the necessary steps their business must take when terminating an employee to avoid potential legal action. This is part one of a two-episode labor and employment discussion on MH Business Exchange.
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- Blog PostThe U.S. District Court for the Northern District of California recently denied summary judgment to two Korean companies (and their American subsidiaries) that attempted to use the Sherman Act’s statute of limitations to escape a class action, price-fixing claim concerning ramen noodles
- Blog PostThe South Carolina Department of Revenue recently issued a news release reminding drivers to “start saving receipts in January 2018 to claim new motor fuel income tax credit.” The news release further explains what South Carolinians need to know about the tax credit.
- Blog PostNew York’s Gov. Andrew Cuomo gave his 2018 state of the state speech, the first governor to do so in the new year. After acknowledging that “2017 was a tough year by any measure,” due to terrorism and Mother Nature, the governor celebrated “historic investments in education, health care and economic development.”
- Blog PostThe Ohio budget legislation that Gov. John Kasich signed into law last July contained an expanded statutory definition of “substantial nexus,” which governs the taxability of sales made by vendors that are located outside of the state. On Dec. 29, 2017, the American Catalog Mailers Association sued the Ohio Department of Taxation on behalf of “at least one member” subject to the new statute. The suit seeks a declaration that the newly enacted statute violates federal law.
- Blog PostA new bill was introduced that would force companies to file for bankruptcy protection in the state where they are headquartered or hold most of their assets.
- NewsDistinguished attorney Michael J. Hayes, Sr. joins McDonald Hopkins
- Blog PostA basic overview of succession planning and why it is important for minority business owners to have a plan in place for their business.
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4 tips that will assist employers in dealing with employee call-offs.
- Blog PostJust after Thanksgiving, Judge John Ruhl of the King County Superior Court in the state of Washington struck down Seattle’s ordinance imposing a 2.25 percent income tax on joint filers with incomes over $500,000, and single filers with incomes over $250,000. Seattle officials promised to take their case to the Washington Supreme Court, and so they have, with their Dec. 8, 2017 notice of appeal, which Bloomberg posted on-line.
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Among the many changes in the new Tax Cuts and Jobs Act is a little-noticed provision that is a clear nod to the current sexual harassment firestorm. The act includes a provision that directly impacts employers settling sexual harassment claims.
- Blog PostIn a Dec. 22, 2017 opinion in Graphic Packaging Corporation v. Glenn Hegar, et al., the Texas Supreme Court affirmed the lower court’s decision in favor of the state, costing Graphic Packaging close to $1 million in taxes.
- Blog PostIn December, the South Carolina Supreme Court weighed in on an apportionment case, declining to review the lower court’s ruling in Rent-A-Center West, Inc. v. S.C. Dept of Revenue. Thus, Rent-A Center’s use of a three-factor apportionment method to apportion the only income it had in the state, from royalties, stands as resolved by the appellate court.
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- Blog PostWhile the Midwest is still experiencing low natural gas pricing, the Northeast is seeing prices spike. The situation appears ready to climax this week as blizzard-like conditions strike, followed by more record cold.
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- Blog PostAs record cold grips a large portion of the country and folks worry about the increasing cost of heating their homes, natural gas pricing remains well below the 10 year average.
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- Blog PostA provision of the budget bill signed into law over the summer established a tax amnesty program that will run from Jan. 1, 2018, to Feb. 15, 2018, and the Ohio Department of Taxation is selling it with vigor.
- Blog PostOn Jan. 1, 2018, the sale and taxation of recreational marijuana will become lawful in California. In a recent press release, Fitch Ratings warned that California's relatively high tax rate will “encourage black market sales and limit potential local government revenues.”
- AlertThe U.S. Court of Appeals for the District of Columbia Circuit rejected all of the construction and other industries’ challenges to the Occupational Safety and Health Administration’s (OSHA) new Respirable Crystalline Silica in Construction Standard that went into effect on Sept. 23, 2017 (29 CFR 1926.1153).
- Blog PostAs it currently stands, federal tax rules allow individuals who itemize their deductions to deduct the full amount of their state and local tax (SALT) income tax payments from the taxable income on their federal returns. But the tax reform bill limits the deduction for income, sales or property taxes to $10,000, or $5,000 in the case of a married individual filing a separate return, for tax years 2018 through 2025.
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- Blog PostClose to 140 municipalities in Ohio are plaintiffs in a lawsuit against Joseph Testa and Mike DeWine, the state’s tax commissioner and attorney general, respectively. The 11 count complaint alleges that the so-called municipal income tax provisions contained in the budget that Gov. John Kasich signed into law over the summer, as well as certain enforcement provisions contained in H.B. 5, are legally impermissible.
- Blog PostThere 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.
- Blog PostThe 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.
- Blog PostThe 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.
- Blog PostIn 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.
- Blog PostCertain 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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- Blog Post6 action items employers need to ensure that their holiday parties are harassment free.
- Blog PostAmazon'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.”
- Blog PostTwo 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.
- Blog PostIn 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
