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On Monday, November 7, 2016, acting as counsel to the Direct Marketing Association, Brann & Isaacson filed a Brief in Opposition to the Conditional Cross-Petition for a Writ of Certiorari filed by the State of Colorado with the United States Supreme Court in Brohl v. Direct Mktg. Ass’n, No. 16-458. The DMA opposes the effort of the State to convert the DMA’s petition for cert. in DMA v.
On August 30, 2017, the South Dakota Supreme Court heard oral argument in the State of South Dakota’s appeal from the entry of summary judgment by the Hughes County Circuit Court in favor of retailers Wayfair Inc., Overstock.com, Inc. and Newegg, Inc. The Circuit Court in March 2017 invalidated the South Dakota economic nexus statute as unconstitutional pursuant to the long-st ...
We (and others) have written frequently and at length about the impact of Alice v. CLS Bank on patent litigation—how the test set out in that case has enabled litigants and courts to obtain an early determination of whether a patent claims a viable invention or just an abstract idea. Parties who assert patents in litigation—especially patent trolls—have been predictably upset ...
Brann & Isaacson partners George Isaacson, Martin Eisenstein, and Matthew Schaefer prevailed on September 14, 2017, in the South Dakota Supreme Court on a major statutory challenge to the leading U.S. Supreme Court Commerce Clause case protecting remote sellers with no physical presence from being obligated to collect and remit sales and use tax, Quill Corp. v. North Dakota, 504 U.S.
Companies that operate online marketplaces should be aware of a recent determination issued by the South Carolina Department of Revenue upholding an assessment of uncollected sales tax against Amazon Services LLC (“Amazon Services”) the entity that operates the website at www.amazon.com (the “Amazon website”), through which sales are made by both Amazon affiliates and non-affi ...
Partner Peter Brann will once again be co–teaching a class at the Harvard Law School as a Lecturer in Law during the Fall 2017 term on “The Role of the State Attorney General” with James Tierney, the former Maine Attorney General. Brann and Tierney have been teaching this class at Columbia and Harvard Law Schools for the past several years. Brann, who served a ...
The FTC has asked interested parties to address a wide variety of questions concerning its CAN-SPAM rules, including whether the rule provides any benefits to consumers. Where might this lead? HISTORY OF CAN-SPAM RULES The Controlling the Assault of Non-Solicited Pornography and Marketing Act (or “CAN-SPAM”) went into effect on January 1, 2004.
On August 28, 2017, the Indiana Department of Revenue acknowledged that it has no authority to enforce Indiana’s new “economic presence” nexus statute (House Enrolled Act 1129) as a result of ongoing litigation regarding the law’s constitutionality now pending in state Superior Court in Indianapolis.
In Robins v. Spokeo, Inc., a case that made its way up to the U.S. Supreme Court and back again, the U.S. Court of Appeals for Ninth Circuit has allowed a case to go forward on the slenderest thread of alleged “harm,” despite the U.S. Supreme Court’s admonition that a concrete injury must alleged. Spokeo: Background Spokeo publishes online a “people search engine.
The Supreme Court has now heard from the petitioner in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC. At issue is not only the fate of inter partes review of patents by the Patent Trial and Appeal Board, but possibly the ability of administrative agencies to review and retract their own erroneous decisions.
Reference prices advise consumers that they are getting a bargain. The California Court of Appeal, however, just upheld a $6.8 million penalty on the grounds that a company’s use of list prices and comparison prices constituted a deceptive trade practice. If past is prologue, we can expect a flood of class action lawsuits to follow.
Partners Stacy Stitham and Peter Brann, acting as local counsel, assisted Microsoft in obtaining a dismissal with prejudice of a patent lawsuit filed in the District of Maine. While the federal lawsuit was pending, Microsoft invalidated the patent in the Patent and Trademark Office (PTO), which was then affirmed on appeal. The plaintiff sought a dismissal without prejudice o ...
In an order issued on August 18, 2017, the Circuit Court of Montgomery County, Alabama canceled an assessment of use tax issued against Scholastic Book Clubs, concluding that Scholastic, represented by partner David Bertoni, lacked sufficient contacts with Alabama to be required to collect and remit tax.
The buzz in the (IP) blogosphere this week relates to Romag Fasteners v. Fossil, Inc., in which the Federal Circuit joined the Third, Fourth, Fifth, Sixth, and Ninth Circuits in concluding that fee recovery under the Lanham Act follows the standards of the Supreme Court’s decision in Octane Fitness.
Do you offer products for sale and promote “former prices” to underscore the bargain you’re offering? If so, you should be on high alert. Seemingly governed by the principle that, if you throw enough against a wall, some of it will stick, class action attorneys are constantly on the lookout for obscure theories that appear to be getting traction in one court or another, and t ...
Seven Brann & Isaacson attorneys have been selected for inclusion in The Best Lawyers in America© 2018: George S. Isaacson, Commercial Litigation; Litigation and Controversy—Tax; Martin I. Eisenstein, Litigation and Controversy–Tax; Tax Law; Martha E. Greene, Trusts and Estates; Peter D. Lowe, Employment Law—Management; Benjamin W. Lund, Corporate Law; Real Estate Law; Peter. J.