Are Large High-Tech Companies Shirking Tax Responsibilities? A Recent Study Suggests Just That

A recent report, "Tech Untaxed," published by The Greenlining Institute, shows that some of the nation's largest high-tech companies (Apple, Microsoft, and Google, to name a few) are paying significantly lower effective tax rates even as their yearly profits rise. Read More ›

Crowdfunding Flies Through Congress

It caught most observers by surprise, but the Jobs Act, which includes a Title authorizing crowdfunding, passed the U.S. Senate on March 22.  The bill replaced the House's provisions relating to crowdfunding with the Senate's more restrictive version.  The House passed the Senate's version of the Jobs Act on March 27 and President Obama signed it on April 5. Read More ›

Michigan Sales Tax on Internet Retailers...Possibly

The applicability of sales tax in Internet transactions is a contentious issue in the state tax arena.  Many Internet retailers do not collect sales tax on their sales unless they have a physical presence in a state.  As a result, states have alleged that they are losing millions in tax dollars and brick-and-mortar retailers are operating at competitive disadvantages to their online competitors that do not impose sales tax.  Although states have encountered Constitutional difficulties in taxing out-of-state retailers, the pendulum may be swinging in favor of the states. Read More ›

U.S. Senate Begins to Move on Crowdfunding

On Tuesday, March 6, the U.S. Senate Committee on Banking, Housing and Urban Affairs held a hearing on Spurring Job Growth Through Capital Formation While Protecting Investors, Part II.  There is a stated intent to take up the capital formation bills in the near future.  Crowdfunding is one of several areas being considered to improve the capital formation climate. Read More ›

Listen Up - Foster Swift Attorneys Discuss Interplay Between Intellectual Property and Your Business

Intellectual property is a valuable asset for any business.  Recently, on the Michigan Business Network Legal Impact Hour, Foster Swift intellectual property attorneys, Sam Frederick and Zach Behler, discussed the interplay between intellectual property and business success. Listen to podcasts of the discussion:

• Introduction to Intellectual Property
• Trademarks
• Trademarks & Patents
• Copyrights & Trade Secrets
• Trade Secrets
• Intellectual Property Overview

If you have a question regarding intellectual property, please contact one of Foster Swift's IP attorneys. 

U.S. Supreme Court Strikes Down Warrantless GPS Tracking

Let's revisit a previous posting regarding the scope of the Fourth Amendment in the digital era. 

Last year, the Department of Justice requested the U.S. Supreme Court to approve the warrantless and covert attachment by law enforcement of a GPS tracking device to an individual's vehicle. The DOJ’s request arose from a U.S. Court of Appeals decision, which vacated the life sentence of a convicted drug dealer.  In that case, the Court of Appeals held that law enforcement violated the individual’s Fourth Amendment rights by secretly attaching a GPS tracking device to the individual’s vehicle without a warrant. Read More ›

Make Sure you Know Who's Talking about Your Company!

In the age of instant access to online information, it is essential for a business to know what others are saying about it - both good and bad.  For example, a physician will want to confirm the glowing review of a recent article is properly acknowledged on the Internet but also that a negative patient comment is immediately refuted or deleted. Read More ›

Crowdfunding May Be Stalled in U.S. Senate

After the U.S. House of Representatives passed a crowdfunding bill in November, it appears that the crowdfunding concept has stalled in the U.S. Senate.  Two alternative bills have been introduced in the Senate, both of which would create greater regulatory roadblocks than the House bill, substantially limiting the ability of most start-up and seed stage companies to utilize crowdfunding to raise capital.  It has been reported that at the committee hearings in December, most of the testimony focused on concerns about the potential for fraud, rather than the importance of access to capital and the need for job creation.  So far in January, no further action has been taken by the Senate on the crowdfunding bills.

Into the Breach . . .

Smartphone usage has skyrocketed in the past few years.  Physicians are no exception to the trend - with more than 81% of physicians using smartphones.  Disturbingly, the number of health data breaches has risen in tandem with increased smartphone usage, and most experts agree that the increase is no coincidence.

Recent reports have indicated that 96% of all health care organizations have experienced at least one data breach during the past two years. Although the report did not detail the number of data breaches attributable to mobile devices, there is agreement that the widespread use of mobile devices is putting patient data at risk. Read More ›

Could Proposed Law Put Artists Like Justin Bieber in the Slammer?

The Commercial Felony Streaming Act (S.978) is pending introduction to the United States Senate.  If S.978 is passed, it would make the unauthorized streaming of copyrighted material a felony punishable by up to five years in prison.

The potential passage of S.978 has sparked fears that artists like Justin Bieber (who began his quest toward pop stardom by singing covers on YouTube!) could end up in jail. DemandProgress.org has even argued that S.978 could shut down Twitter, YouTube! and other popular sites. Read More ›