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Peter S. Vogel

My Bio

Peter S. Vogel has been involved with the computer industry and electronic data since 1967. Peter worked as a mainframe programmer, systems analyst and management consultant for companies acquiring computer technology and related services, and received a Masters in Computer Science. As a lawyer for the more than 30 years, Peter combines his technical and business background with his legal expertise to help companies with IT and Internet litigation, dispute resolution, and contract negotiation.

 

Peter's clients often seek his advice about practical business issues relating to electronic technology and the Internet, which often include ERP implementation projects, Internet security, website business management, outsourcing, software patents, copyrights, and trade secret protection. Because he is a seasoned IT professional with an accounting and marketing background, Peter also often advises clients about financial and marketing issues regarding IT and the Internet. His experience as an Adjunct Professor in the Law of eCommerce keeps him current on the fast moving evolution of the Internet. As a result Peter is often quoted in the media about Internet issues and crises. Peter’s blog on the Internet, IT, and eDiscovery is widely recognized for timely topics and thought- provoking ideas:

 

 

Peter is Chair of the Electronic Discovery Group and co-Chair of the Technology Industry Team at Gardere– where he helps clients maneuver business and technology issues through the legal mazes of electronic evidence, intellectual property, contracts, government regulation, and litigation. He assists many clients with ESI (Electronically Stored Information) issues and related creation, development and implementation of records retention policies.

 

Because of his unique background and expertise, Peter is often appointed as a Special Master to assist Courts throughout the US with eDiscovery & ESI, Internet, eCommerce, Intellectual Property, and computer technology matters. Peter is a fellow of the Academy of Court Appointed Masters. He also serves as a court ordered Mediator in eDiscovery & ESI, Internet, eCommerce, intellectual property, and computer technology litigation. For more than 20 years Peter has served as an Arbitrator for technology disputes.

 

In addition to helping businesses throughout the world, Peter has also devoted a substantial amount of time and energy serving government agencies and non-profit organizations by addressing their computer and Internet issues. Peter:

 

www.courts.state.tx.us/jcitwww.vogelitlawblog.com

 

     

  • Served as Founding Chair for 12 years of the Texas Supreme Court Judicial Committee on Information Technology whose mission is to put Internet on the desktops of all 3,200 judges in Texas.
    • Served on the Texas Task Force for the Uniform Electronic Transaction Act (UETA)
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    • Examined computer election systems for 13 years for the Texas Secretary of State

       

    • Served as Founding Chair of the Computer & Technology Section of the State Bar of Texas
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    • Posts blogs, writes, and speaks in the US, the EU, and Asia on topics including the Internet, IT, eDiscovery/ESI, software, intellectual property, and e-Commerce
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In 1994 Peter was President of the of the Dallas Bar Association and also served on the Board of Directors of the State Bar of Texas. Peter teaches courses on the Law of eCommerce as an Adjunct Professor at the SMU Dedman Law School, and is on the founding Board of Advisors of the SMU Computer Law Review and Technology Journal.

 

In June 2004 Peter received a Lifetime Achievement Award for Promoting Technology in the Law from the Computer & Technology Section of the State Bar of Texas. In addition, Peter is regularly recognized as one of America’s Leading Business Lawyers in Chambers, a Best Lawyer in America, a Top Lawyer in Dallas, and a Texas Super Lawyer.

 

 

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uscitizen wrote RE: Ebay waging war against Internet sales
on Mon, Aug 8 2011 9:48 AM

The current Legislation proposed by Senator Durbin is supported by and has been sponsored and cosponsored by Republicans. This is a bipartisan issue being brought to demand by the very State Representatives and Governors both Democrat and Republican that you have elected. The current effort by states requiring the passage of the Main Street Fairness Act is being lead by Tennessee Governor Republican Bill Haslam. 

This bill is far from outdated and has always been ahead of its time. Unfortunately in previous attempts the ability of technology to relieve the burden was the issue. 

There is now a simple solution: TaxCloud (http://taxcloud.net).

The statements by Ebay  stating online sales tax collection is too cumbersome confuse me. My company currently uses a PayPal checkout button that works with TaxCloud's service so my business (with less than $50k in annual sales) already calculates, collects and remits sales tax for any jurisdiction in any state.  It is simpler in most cases for my business to calculate and remit sales tax than to deal with shipping. 

My company actually benefits from utilizing new modern tax handling methods. Costly administrative burdens have been virtually removed, and no longer are Nexus affiliations a concern. I can do business in any state without fear. The liability of any audit prompted by any  participating Streamline states falls on TaxCloud not my company. So when MSFA act passes and all states become certified streamlined states the fear of burdensome audits will be lifted forever. 

If my business can manage to collect the legally due sales tax for my customers, why is it so hard for Ebay?

Technology available freely on the internet (like taxcloud) is more than capable of handling sales tax calculation and remittance. Sorry everyone, the "too burdensome" argument carried merit in 1967 and in 1992 (when SCOTUS last ruled on this matter), but in the era of modern computing where Ebay maintains a dominant position, multijurisdictional sales tax calculation and remittance is easily accomplished.

So what is the real reason Ebay and other large Ecommerce companies chooses to evade supporting your schools, hospitals, infrastructure, libraries, parks and so much more? 

Protecting shareholder value is admirable, however achieving it through the continual selfish segregation of businesses is not acceptable. Passage of the Main Street Fairness Act will encourage competition and innovation creating jobs while simultaneously restoring fairness to the marketplace.  Markets function most efficiently through the equal and unbiased application of laws. All businesses whether online, catalog or brick and mortar can easily calculate, collect and remit sales legally due in any jurisdiction in any state. Either we all vote and support to abolish sales tax entirely, or require all businesses to play by the same rules restoring equality in the marketplace. The alternatives to sales tax will be far worse and more invasive.

To make up for the evasion practices of their residents, states have been forced to replace lost sales tax revenues with higher existing taxes and fees. This year the state of CT enacted the largest tax increase in state history. They are phasing out beneficial clothing exemptions, have increases the state tax rate nearly .5% and on items over $1000 sales tax is now %7 versus the expired %6. Alcohol tax increased %20 alone. In the state of WV they were forced to enact tax on food to make up for the loss in revenue to online sales. West Virginia  would like to abolish the food tax in favor of enabling sales tax revenue. RI doubled all beach and parking fees just this year. Other states would like to eliminate death taxes in favor of being enables to collect legally due sales tax.

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