ACMA Files Suit to Challenge NY Tax Regulation

On April 5, 2024, Brann & Isaacson filed a complaint in New York state court on behalf of the American Catalog Mailers Association (ACMA), challenging a recently issued New York Department of Taxation and Finance regulation, 20 N.Y.C.R.R. § 1-2.10. That regulation improperly expands the authority of the Department to impose income tax obligations on...

California Court Confirms Invalidity of California Tax Rules, Awards ACMA over $330,000 in Attorney Fees

On February 13, 2024, in a lawsuit brought by Brann & Isaacson on behalf of the American Catalog Mailers Association (ACMA) against the California Franchise Tax Board (FTB), San Francisco Superior Court Judge Ethan P. Schulman issued orders on post-judgment motions affirming the ACMA’s victory and awarding the association attorney fees of $332,895.50 and costs...

California Court Invalidates Unlawful Franchise Tax Board Regulations

On December 13, 2023, in a lawsuit brought by Brann & Isaacson on behalf of the American Catalog Mailers Association (ACMA) against the California Franchise Tax Board (FTB), San Francisco Superior Court Judge Ethan Schulman issued an order that two 2022 publications of the FTB are void as invalid “underground regulations,” indicating that he will...

Cal. Court of Appeal Clears Path for ACMA Challenge to Tax Reg.

On February 16, 2023, the California Court of Appeal issued a one-line order that will allow the San Francisco Superior Court to hear the merits of a lawsuit by the American Catalog Mailers Association (ACMA) against the California Franchise Tax Board. The ACMA filed suit in August 2022, challenging the Board’s legal authority to publish...

ACMA Lawsuit Challenging Cal. State Tax Guidance to Go Forward

On November 17, 2022, shortly after hearing oral argument from partner Nathaniel Bessey, San Francisco Superior Court Judge Richard B. Ulmer Jr. issued an order in favor of Brann & Isaacson client the American Catalog Mailers Association (ACMA), paving the way for high-profile tax litigation to proceed. The case centers on whether the California Franchise...

Martin Eisenstein and David Swetnam-Burland Present to National Association of Presort Mailers on Tax and Privacy Issues

On February 17, 2021, managing partner Martin Eisenstein and partner David Swetnam-Burland presented a webinar at the Virtual Annual Conference of the National Association of Presort Mailers (NAPM), moderated by Hamilton Davison of the American Catalog Mailers Association. In the Sales Tax and Data Privacy Update, Eisenstein talked about key issues in state sales tax...

B&I Attorney Presents at ACMA Webinar on California Consumer Privacy Act

On Wednesday, June 17, 2020, B&I partner David Swetnam-Burland participated in a webinar sponsored by the American Catalog Mailers Association on the “California Consumer Privacy Act: Are You Fully Prepared?” Swetnam-Burland spoke to a diverse group of catalog retailers and related businesses on the compliance requirements of the first-of-its-kind state privacy law; what businesses and...

B&I Publishes Employment Law Updates on Cloth Coverings, Reopening

B&I has added two employment law updates to its COVID-19 Legal Resource Library. The first offers an overview of federal and state guidance on cloth face covering requirements in Maine. The second responds to employer questions arising out of a webinar on “The Realities of Re-opening,” hosted by B&I and Career Management Associates, and should...

Martin Eisenstein, David Bertoni, and David Swetnam-Burland Speak at American Catalog Mailers Association Conference

Brann & Isaacson attorneys addressed members of the American Catalog Mailers Association at its annual conference in Washington, DC, from April 8-10, 2019. On April 8, managing partner Martin Eisenstein spoke to the conference in a panel called, “It’s a Wayfair World Now and We All Have to Live In It.” Eisenstein discussed the state...

Eisenstein and Schaefer Answer Questions About Post-Wayfair Compliance for ACMA “Legal Corner”

In a post on the American Catalog Mailers’ Association “Legal Corner” on July 26, 2018, B&I Partners Martin Eisenstein and Matthew Schaefer provided answers to some of the fundamental questions confronting remote sellers striving to comply with sales tax requirements in multiple states in the wake of the U.S. Supreme Court’s decision in South Dakota...