I recently wrote an article¹ on the legal battle brewing between Maryland’s enactment of HB 732 and the Internet Tax Freedom Act (“ITFA”). Maryland’s HB 732 imposes a tax on companies based on their revenue generated from the sale of digital advertising services.²
Many observers believe HB 732’s tax on digital advertising revenues is in direct conflict with ITFA.³ There is currently a lawsuit filed in the U.S. District Court for the District of Maryland Northern Division alleging ITFA preempts HB 732.⁴ The reasoning is that ITFA prohibits “discriminatory tax” on electronic commerce and HB 732’s tax on digital advertising…
A major story last week was how the state of Maryland became the first to pass a law that will tax companies based on a percentage of their revenue derived from selling digital advertising (Digital Ad Tax). Whether a company will be subject to the tax will depend on its “Global Annual Gross Revenue” as defined under HB 732.
Long before the Digital Ad Tax was passed last Friday, the Office of the Maryland Attorney General submitted a letter analyzing the legal risks involved. In my opinion, one of those legal risks stands out above the rest.
In law school, we had to write a capstone paper as part of our graduation requirements. When deciding what to write about, I remember stumbling upon an article from Forbes explaining how Kim Kardashian and other celebrities could make $1 million from a single sponsored post on Instagram.
That was just three years ago in 2017. I remember being stunned at the headline. But today, the phenomenon is commonplace. People, ordinary people, profit from their social media accounts.
Just a couple of weeks ago, a man from Idaho Falls, Idaho hit the jackpot by posting a viral video of him…
I like to read memoirs for several reasons. They usually offer interesting stories and valuable insights on a life fully lived. Bryan Cranston offers both in his retelling of events that led to an acting career starring in one of the most iconic roles in television history, Walter White.
The organization of the book is original. As an actor, Cranston is accustomed to the notion of playing different roles and the titles those roles hold. He applies the same concept to his life. Each chapter of the book is marked with a particular title or role that he played (e.g…
As a freelancer, the value of having a form contract cannot be understated. A good form allows a freelancer to focus on what matters, providing quality services, without having to divert too much focus to the ancillary aspects of running a business (i.e. getting it in writing).
The benefit of a solid form lies in not having to rewrite an entire agreement from scratch for every new client or project. The idea being that certain elements of an engagement won’t vary from client to client.
However, most freelancers can attest that some terms will inevitably change depending on the client…
Last week I wrote an article briefly discussing why indemnities are such an important contract term to look for and understand before signing on the dotted line.
In the age of internet contract forms, it is not uncommon to find indemnity clauses thrown into the most unexpected of sections in a contract. Often, these clauses are wildly lopsided in favor of the “drafting” party. I call them blanket indemnities as they cover just about everything.
Because of their importance, I thought I would follow-up with a general discussion on common methods to tailor the scope of an indemnity when it…
How do you vote for elected officials? Perhaps based on a single policy, an entire platform, education, likability.
Add writing and editing skills to that list.
As a lawyer, I’m naturally interested in how laws are made. As a transaction lawyer, I’m especially interested in how courts interpret language and the impact that has on contracts and other legal writings.
In this interest, I’ve come to a realization about what our courts can tell us about our elected officials and the laws they make.
They tell us when the lawmakers have failed.
I’ve identified three court opinions about probate, eminent…
The typical estate plan generally covers the passing of assets from one generation to the next (i.e. from parents to their children). This often involves the passing of assets to more than one child.
Naturally, many parents are concerned with equity and fairness when it comes to their estate plan. We all love our children equally, right? And equality mitigates the risk of family feuds down the road, right?
So the common response when asked “Who gets what piece of the pie?” is to say —
“Divide it equally.”
On the surface, this makes sense. Not only from a fairness…
My contracts professor in law school had a few one-liners he would regularly throw out in class. One of which, has certainly held true in the early stages of my law career. He firmly believes every part of a contract boils down to one simple idea.
Who bears the risk?
Each part of a contract is allocating risk in some form or fashion between the parties involved. No contractual provision captures the idea of allocating risk more than an indemnity clause.
An indemnity is a common provision that will surface in all types of agreements such as a purchase agreements…
Access to legal information has never been greater. As a result, more and more people and businesses are relying on form contracts from the internet to meet their legal needs. Unfortunately, this also means a lot of people use contracts that are poorly drafted or aren’t quite tailored to their needs.
This can be problematic from a legal point of view for the variety of reasons listed in this article. But using poor contracts can also be detrimental to a business in another big way — Marketing.
From the perspective of a client, a contract provides a lot of useful…
Writing about the law and other topics. Creating value through context. All content is opinion only—not legal, financial, or tax advice.