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- Blog PostA 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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- Blog PostA 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.
- Blog PostThe 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.”
- Blog PostSix 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.
- Blog PostNew 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.”
- Blog PostThe 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.”
- Blog PostIn 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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- Blog PostA summary of the five key steps an employer must take when making an employment decision based on a background check.
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- 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.
- Blog PostHitting 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.
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- Blog PostCan 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.
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- Blog PostIn 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.
- Blog PostOn 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.
- Blog PostIn 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.
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- NewsMcDonald Hopkins LLC held a Business Hour webcast on Nov. 2 regarding how antitrust laws do not only apply to large corporations, such as Google, Apple and Microsoft, but to businesses of all sizes.
- Blog PostThe 6th U.S. Circuit Court recently revived a punitive class action, antitrust lawsuit - Cates v. Crystal Clear Techs., LLC - where homeowners alleged that an arrangement between developers of their communities and a telecommunication service provider constituted an unlawful tie in violation of the Sherman Act.
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- Blog PostWhen you’re selecting a candidate to fill an open position at your company, there are many variables to consider. One thing, however, that cannot factor into your hiring decision is anything about a candidate that could fall under protected status.
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- Blog PostNearly 85 percent of Alaska’s budget is made up of revenues from oil and gas industry activities. Because of the state’s disproportionate dependence on oil production, the fluctuations in world pricing have had a substantial impact on Alaska’s economy.
- Blog PostAll partnerships and most LLCs need to amend their partnership and operating agreements in response to the IRS' new partnership audit rules. The good news is that many small partnerships can affirmatively opt out of the provisions ahead of time. In this video, tax attorney David Ebersole explains the opt out process and details who is eligible to opt out.
- Blog PostThe first complaint against the Vendors Making Internet Sales regulation was filed on Oct. 24, 2017, asking the court to declare that Massachusetts’ new regulation violates the commerce clause of the U.S. Constitution, and the Internet Tax Freedom Act, which the suit alleges preempts any state regulations that violate its prohibitions.
- Blog PostLawmakers in the Great Lakes State are taking the necessary steps to curb action on two unpopular taxes on soda and personal income. The prohibition on soda taxes became law last week, and one senator is readying a new proposal to eliminate personal income taxes.
- Blog PostThe IRS released guidance for its auditors to use in order to determine if a plan has a qualification issue when required minimum distribution has not been timely paid to missing participants or beneficiaries.
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- Blog PostJoking with your coworkers around the watercooler is one thing, but keep in mind what you think of as just fun, off-hand comments could lead to a lawsuit for your company.
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The Save Local Business Act provides that a person may be considered a joint employer in relation to an employee only if such person directly, actually, and immediately, and not in a limited and routine manner, exercises significant control over the essential terms and conditions of employment.
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