LexisNexis® Legal Newsroom
ACLU Sues North Carolina Over Its Sales/Use Tax Audit Practice

LEGAL ALERT June 28, 2010 The aggressiveness of some states to assert tax jurisdiction over out-of-state retailers (or to enforce tax against their customers) took another turn last week. On June 23, 2010, the American Civil Liberties Union (ACLU) filed a complaint in U.S. Federal District Court against...

Reports: Barnes & Noble To Settle With Investor Burkle

NEW YORK - (AP) Barnes & Noble will settle a lawsuit filed by investor Ron Burkle so it can avoid a costly proxy fight and concentrate on selling off the company, according to news reports. The book seller will add two independent directors to its board and assign another seat to Burkle's firm...

First Amendment Violation. Really?

The federal judge's ruling on October 25 that the North Carolina Department of Revenue cannot force Amazon.com to disclose customer information on the grounds that the state's request violates the First Amendment is incredible. For the uninformed, North Carolina asked Amazon for a list of its...

Litigation Challenging New York's Controversial Nexus Statute Continues

By Jeffrey A. Friedman , Michele Borens , and Mark W. Yopp On November 4, an appellate court held that the New York affiliate nexus law does not violate the Equal Protection Clause and is facially constitutional under the Due Process and Commerce Clauses. However, the court remanded the case to further...

Amazon.com, LLC v New York State Dept. of Taxation & Fin., 2010 NY Slip Op

Plaintiff on-line retailers (OLRs) appealed a judgment of the Supreme Court, New York County (New York), which dismissed their complaints, seeking a declaratory judgment that challenged the constitutionality of Tax Law § 1101(b)(8)(vi) , as amended on April 23, 2008, on commerce clause, due process...

Microsoft Aims At Android With E-Reader Lawsuit

SEATTLE - (AP) Microsoft Corp. broadened its attack on Google Inc.'s Android software, filing patent infringement lawsuits Monday against Barnes & Noble Inc. and two manufacturers over the Android-based Nook e-reader. In the complaint filed in U.S. District Court in Seattle, Microsoft said it...

Judge Echoes Google Critics In Digital Book Ruling

SAN FRANCISCO - (AP) As Google Inc. evolved from being an endearing startup to an Internet empire, the company has become used to critics depicting it as a copyright scofflaw and pushy monopolist. It's different when the unflattering portrait is being drawn by a federal judge. This week's ruling...

Amazon Sues College Store Group Over Ads Complaint

SAN FRANCISCO - (AP) Amazon.com Inc. is asking a judge to declare that the online retailer's ads for discounted new and used college textbooks are neither false nor misleading, contrary to complaints by the trade association that represents college bookstores. Amazon filed suit Tuesday in Seattle...

With Congress Stalled, States Work Their Own "Amazon Tax" Deals

by Rich Ehisen Like millions of Americans these days, Dena Davidson buys a lot of products online. From birthday gifts to home furnishings, she eschews crowded malls at every opportunity, preferring the comfort of shopping directly from her own living room. About half the time, she says, the final...