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Eyes on Ecom Law

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Unclaimed Property Dispute in Supreme Court May Impact Retailers

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We have written previously about various issues relating to state unclaimed property (here, here, and here). This term, the Supreme Court is set to decide a case that may have a significant impact on companies’ obligations under these laws. As background, unclaimed property law has its roots in the doctrine of “escheat,” a term dating...

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State Tax Notes Runs Cover Feature On Private Tax Enforcement

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An article by partners David Bertoni and David Swetnam–Burland, “Barbarians at the Gates: Private State Tax Enforcement,” is the cover feature in the November 21, 2016, issue of State Tax Notes (subscription required). In the article, Bertoni and Swetnam–Burland detail the rise in litigation over state tax obligations brought by private parties, either as class...

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Brann & Isaacson Opposes State’s Conditional Cross-Petition for Certiorari on Behalf of Direct Marketing Association in DMA v. Brohl

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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...

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Supreme Court Denies Cert in Gillette

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On Tuesday, October 11, 2016, the U.S. Supreme Court denied the petition for a writ of certiorari to the California Supreme Court filed by The Gillette Company and three other corporations, seeking review of the California high court’s decision in Gillette v. Franchise Tax Board. 363 P.3d 94 (Cal. 2015). The issue presented by the...

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Tennessee DOR and Attorney General Approve Unconstitutional “Economic Nexus” Rule

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On Monday, October 3, 2016, the Tennessee Attorney General approved for publication by the Secretary of State a new rule promulgated by the Department of Revenue that requires out-of-state sellers who make at least $500,000 in sales to Tennessee customers to register for, collect and remit Tennessee sales and use tax, regardless of whether or...

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Brann & Isaacson Files Petition for a Writ Certiorari on Behalf of Direct Marketing Association

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On Monday, August 29, 2016, the Direct Marketing Association filed a Petition for a Writ of Certiorari with the United States Supreme Court seeking review of the decision of the Tenth Circuit Court of Appeals in Direct Mktg. Ass’n v. Brohl, 814 F.3d 1129 (10th Cir. 2016). Brann & Isaacson senior partner George Isaacson and...

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Matthew Schaefer Publishes Article in E-Commerce Law & Policy on State Efforts to Overturn Quill

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Brann & Isaacson Partner Matthew Schaefer authored the article “Internet sales taxes: US states aim to put Quill on the agenda,” appearing in the August 2016 issue of E-Commerce Law & Policy. In the article, Schaefer describes recent and newly-proposed state “economic nexus” laws that seek to undermine the “physical presence” standard of substantial nexus...

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State Tax Notes Publisher Lauds Brann & Isaacson

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In the June 27, 2016 edition of leading industry publication of State Tax Notes (Vol. 80, No. 13), Deputy Publisher David Brunori praised Brann & Isaacson’s work in defending the interests of online retailers and remote sellers in constitutional litigation regarding the physical presence “substantial nexus” standard of Quill Corp. v. North Dakota, 504 U.S....

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Substantial Nexus Under Siege: Industry Fights Back!

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Martin Eisenstein and David Bertoni have published their latest blog for members of the American Catalog Mailers Association:  The Industry Is Fighting Back.   The blog goes over each of the major battlefronts in the states’ multi-pronged effort to overturn the long-settled Commerce Clause rule of “substantial nexus,” which requires that companies have a physical presence...

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BREXIT and Trademark Protection: Dangerous Territory Ahead?

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There has been much discussion about the potentially dramatic impact of last week’s historic vote in the U.K. to withdraw from the European Union-from the plummeting pound sterling to the reunification of Ireland and the secession of Scotland from the U.K. Perhaps slightly less cataclysmic in the global sense, the Brexit also has the potential...

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