Michael Kimberly

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Michael B. Kimberly is co-chair of the Firm’s Supreme Court and Appellate Practice Group. He has presented more than two dozen appellate arguments, including six times before the US Supreme Court and three times before the en banc courts of appeals. He has briefed and argued cases covering a wide range of subject matters, with particular experience in the areas of the Commerce Clause, preemption, the Social Security and Medicare Acts, ERISA, the Bankruptcy Code, and the antitrust laws. Read Michael Kimberly's full bio.

Maryland Digital Advertising Services Tax—Implementation Delay Likely

By , and on Mar 2, 2021
Posted In Allocation/Appointment, Constitutional Issues, Maryland, Nationwide Importance

On the morning of Friday, February 26, 2021, the Maryland Senate Budget and Taxation Committee added a new item to its agenda for the hearing later that morning. The new item was proposed amendments to Senate Bill 787, a bill that would amend the Maryland Digital Advertising Tax by excluding broadcasters and news media and...

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Maryland Sued over Digital Advertising “Tax”

By and on Feb 18, 2021
Posted In Allocation/Appointment, Connecticut, Constitutional Issues, Maryland, Montana, Nationwide Importance, New York

Today, McDermott Will & Emery filed suit in Maryland federal court on behalf of a number of leading trade associations against Maryland Comptroller Peter Franchot, challenging the state’s recently enacted 10% gross receipts “tax” applicable to digital advertising revenue. The plaintiffs in the suit are the US Chamber of Commerce, the Internet Association, NetChoice and...

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