In this arbitration, for example, the FINRA Arbitration Decision fails to satisfactorily inform us as to whether Respondent Sillman had a written, executed employment agreement with Claimant Merrill Lynch, and further fails to clarify whether he was subjectto a non-solicitation clause.
This broad definition of the economic activity subjectto congressional regulation lacks logical limitation and is unsupported by Commerce Clause jurisprudence.
However, the Court found a commerce clause problem with non-present sellers being subjectto sales tax collection due to the existence of thousands of jurisdictions with non-uniform sales tax rules.