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HTMLWhat Happens If We Abolish the IRS?
George W. Connelly; Chamberlain, Hrdlicka, White, Williams & Aughtry;
Legal Alert/Article
November 28, 2013, previously published on November 25, 2013
Hardly a day goes by when some politician or editorial person doesn’t suggest that we don’t need the IRS or should simply do away with it. Most of them come in connection with suggestions for changing the tax system to something like a national retail sales tax. What these people fail...


Adobe PDFGPT Class Action Settlement Raises Concerns about Legal and Funding Fees Charged in Australian Class Actions
John Emmerig, Michael Legg; Jones Day;
Legal Alert/Article
November 28, 2013, previously published on November 2013
The GPT class action was brought by shareholders alleging that GPT Management Holdings Limited and GPT RE Limited (collectively "GPT") had engaged in misleading conduct and breached its continuous disclosure obligations. The class action settled.


HTMLEmployer’s Arbitration Policy Unconscionable, Unenforceable under California Law, Ninth Circuit Rules
Jackson Lewis P.C.;
Legal Alert/Article
November 18, 2013, previously published on November 14, 2013
A grocery store’s arbitration policy was so one-sided that it “shocked the conscience” under California law and was unenforceable, the U.S. Court of Appeals for the Ninth Circuit has ruled, citing in part a provision requiring employees to split the arbitrator’s fees down...


HTMLBig Brother Is Watching You (Shop for Pants): Mobile Analytics Firms Implement Code of Conduct for Tracking Customers While They Shop
Jake Romero; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
November 14, 2013, previously published on November 8, 2013
If you’ve ever dealt with that pushy salesperson at Bed, Bath & Beyond who won’t take your word for it that you’re just browsing and not ready to commit to a high-end home espresso machine, you know that being followed around at a retail store can be unsettling and intrusive....


HTMLCourt Holds Arbitration Agreement Requiring Employee to Pay Half of Arbitration Costs is Unconscionable
Jacklina A. Len, Laura Reathaford; Proskauer Rose LLP;
Legal Alert/Article
November 7, 2013, previously published on November 6, 2013
In Chavarria v. Ralphs Grocery Co., No. 11-56673, 2013 WL 5779332 (9th Cir. Oct. 28, 2013), the plaintiff, a former deli clerk, brought a class action against Ralphs for various alleged wage and hour violations of the California Labor Code. As a condition of employment, Chavarria signed an...


HTMLFourth Circuit Finds District Court Erroneously Applied Wal-Mart Stores, Inc. v. Dukes In Denying Leave to Amend Complaint in Pay Discrimination Suit
Laura M. Fant, Robert W. Rachal; Proskauer Rose LLP;
Legal Alert/Article
November 7, 2013, previously published on November 5, 2013
In its recent decision in Scott v. Family Dollar Stores, Inc., No. 12-1610 (4th Cir. Oct. 16, 2013), the Fourth Circuit ruled that the district court abused its discretion by refusing to allow plaintiffs asserting claims of gender-based pay discrimination leave to file an amended complaint based...


HTMLTennessee: Revenue Letter Ruling Provides Guidance on Sales Taxes Applicable To Certain Cloud Computing Services
McDonald Hopkins LLC;
Legal Alert/Article
November 6, 2013, previously published on October 31, 2013
The Tennessee Department of Revenue (the Department) recently issued Revenue Letter Ruling #13-12 (the Ruling). In the Ruling, the Department addressed the application of the Tennessee Retailers’ Sales Tax Act (the Act) to various cloud computing services.


HTMLCourt Rejects Marijuana Retail Sale Defense
Laura L. Crane, G. Ross Trindle; Best Best & Krieger LLP;
Legal Alert/Article
November 1, 2013, previously published on October 31, 2013
A California appellate court recently held that neither the Compassionate Use Act (CUA) nor the Medical Marijuana Program Act (MMPA) allows the sale of marijuana for profit and provided clarification on how to determine whether a collective or cooperative is operating properly. The court ruling...


Susan Bassford Wilson; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
October 31, 2013, previously published on October 18, 2013
Paying employees is a complicated business. For employers in retail and other industries where employees may not have bank accounts, payroll cards have emerged as a potential solution.


HTMLCalifornia: Governor Signs Retroactive Tax Relief for Sale of Qualified Small Business Stock
McDonald Hopkins LLC;
Legal Alert/Article
October 28, 2013, previously published on October 24, 2013
Entrepreneurs who invested in California small businesses can breathe a sigh of relief because Governor Jerry Brown signed legislation (A.B. 1412) which fully relieves such investors from retroactive tax assessments from the sale of Qualified Small Business Stock (QSBS) between tax years 2008 and...


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