Hundreds of thousands of people in the United States purchase goods and services online every day. Amazon alone had over $100 billion in revenue from sales last year. What some consumers do not realize, however, is that online purchases have been cheaper than “in-store” purchases because sales tax is often avoided when purchasing online. That changed last week. For months, both internet-based and brick-and-mortar based businesses have been anxiously awaiting the United States Supreme Court’s ruling in South Dakota v. Wayfair, Inc. That case pitted online businesses versus in-person storefront businesses. The issue was the legality of charging and collection of sales tax. Historically, states have not been allowed to collect

Arbitration agreements seem to be everywhere today. Perhaps the most prominent use of arbitration provisions is in the employment arena. Employers often require employees to agree to arbitrate any dispute relating to their employment, as opposed to seeking relief in court. The enforceability of an arbitration provision depends on the particular language and facts at hand. The Missouri Court of Appeals for the Western District recently examined the enforceability of an arbitration agreement in a unique fact pattern. In Theroff v. Dollar Stores, Inc., et al. (Mo. App. W.D. April 24, 2018), Plaintiff Theroff was hired by Dollar Store. As part of the hiring process, she was required to digitally execute

In today’s global society, many large corporations have operations in countries throughout the world. There are many reasons for this, ranging from favorable tax treatment in the host country to establishing better product distribution. Recently, United States corporations having international locales and operations have had to confront whether their international operations are subject to specific United States laws. Microsoft recently confronted this very issue. Microsoft conducts business in multiple countries, and stores email account information of its customers in foreign countries. In December 2013, the United States government obtained a warrant from a federal district court in New York, pursuant to the Stored Communications Act (18 U.S.C. § 2701 et seq.),

Many businesses in Missouri operate as limited liability companies. A limited liability company, often called an “LLC,” is a simple business structure that combines elements of a corporation, a partnership, and a sole propriety, but with unique characteristics. The owners of an LLC are called “Members.” An LLC can be managed by a Manager or its Members. A key aspect of an LLC lies within the name itself: “limited liability.” In essence, the Members of an LLC are not liable for the debts, obligations, and actions of the company itself. In Missouri, this protection against liability is provided for by statute (RSMo. § 347.057). This statute provides that a

Not long ago, companies reserved non-compete agreements for executives and high-paid employees. No longer. Times have changed, and many companies now ask employees at all levels to sign non-compete agreements, including low-wage employees. Even though non-compete agreements are increasingly common, many employees and employers remain unsure about what such agreements mean and whether they are enforceable. If you are an employer or employee and have a non-compete issue, you may find the following information helpful. What is a non-compete agreement? A non-compete is an agreement that limits an employee’s ability to work in a given industry after leaving his or her employer. In the hypothetical case of a healthcare executive,

Traveling by car is the most common method of transportation in America. It is also the deadliest. In 2010, for example, there were an estimated 5,419,000 auto accidents, and more than 30,000 fatalities. After steadily declining for years, accidents have been on the rise. Driverless cars have the potential to greatly reduce auto accidents in the future, but we are likely years away from any such change on a wide scale. Additionally, recent events show that even driverless cars are unlikely to totally eliminate the potential for auto accidents. Given the unfortunate reality that auto accidents will continue for the foreseeable future, what should you do if you are involved in an