A recent article mentioned that Amazon has distributed instructions to its employees identifying which states to avoid visiting for and on behalf of Amazon; until further notice, only non-business travel to these ‘problem’ States is permitted. The sole purpose of this directive by one of the world’s largest Internet retailer is avoidance of sales taxes….

Effective October 1, 2010, PHMSA may begin to issue violations for failure to institute new practices in order to fully comply with new rules and procedures. For instance, PHMSA is adopting new criteria for the 24-hour Emergency Response System (ERS). The new regulation requires shippers of hazardous materials to include their ChemTel issued ‘Contact Number’…

Floating Fireworks- dateline, Panama City, Florida In a prior article I wrote about the hazards and perils associated with fireworks displays over water and, as an example of life imitating art, an unexploded fireworks shell was found floating in the waters off Tyndall Air Force Base. The date of discovery is July 24th, meaning that…

Effective damage control starts with the policies that govern your business operations. While it is vitally important to direct the flow of information you do not, however, have to assume the role of control freak to accomplish this task. This article will briefly describe the two types of damage control most commonly encountered in the…

August 10, 2007 – Fargo, North Dakota, the site of the 2007 convention of the Pyrotechnics Guild International, billed as Fargo Firestorm – 2007. I am pleased to report that great things happen at these events, and I have drunk the Kool-Aid and I like it; so much so, that this year I was joined…

Appleton, Wisc. The U.S. Department of Transportation, Office of Special Permits and Approvals, is in the process of making changes to the current EX Application form. Although the new application form should be publicly available in the near future, the January 1, 2007 effective date is approaching fast. Therefore, a prudent businessman is best served…

The Internal Revenue Service, and its state counterpart, The Commissioner of Labor, continues to aggressively pursue reclassification of independent contractors as employees. For fireworks display companies that rely upon technicians to temporarily supplement its full-time technical staff, an assessment by federal and state agencies can put a company out of business, given the significant dollars…

Below is a survey of the penalties imposed by PHMSA upon fireworks businesses only for the previous ten-years; this does not include penalties paid upon the issuance of a ticket or, alternatively, by settlement or compromise. This information was accessed through the PHMSA website. With respect to reported penalties, there is a discernible increase in…

Two words that always get the attention of lawyers and their clients, alike, are stricti juris; meaning, the rule of law will be interpreted strictly and without extension or enhancement in interpretation. Think of it as a zero tolerance standard. I mention these words to describe the continued trend in regulatory enforcement of hazardous materials…

In the course of fine-tuning purchase contacts for several large Chinese manufacturers, it became apparent to me that most businesses that transact business with foreign manufacturers and exporters are unaware of the United Nations Convention on Contracts for the International Sale of Goods (“CISG” or “The Convention”). By its name, CISG is the global equivalent…

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