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Taft Stettinius & Hollister are most popular: with Inhouse Counsel State and federal statutes often govern the same conduct. That raises constitutional concerns, especially when the statutes clash. Under the implied preemption doctrine, parties can challenge state statutes if (1) a federal statute covers the same ground (conflict preemption), or (2) if Congress generally has authority over the relevant activity (field preemption).
In a decision announced on Nov. 22, 2022, the Ohio Supreme Court ruled that the sale of NASCAR's broadcast rights and other intellectual property rights are not subject to the Ohio commercial activity tax. The decision overturns an Ohio Board of Tax Appeals decision and tax assessment that sourced more than $186 million of revenue to Ohio. The decision establishes a meaningful precedent for how the sale and licensing of intellectual property rights can be taxed in Ohio moving forward.
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