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...

Brann & Isaacson Lawyers Obtain Dismissals of Two More ADA Website Accessibility Cases

Brann & Isaacson lawyers, Peter Brann and Hannah Wurgaft, obtained dismissals in two more ADA website accessibility cases in New York and California, on behalf of TackleDirect and JP Boden. In the New York case, they filed a motion to dismiss, and the plaintiff’s counsel, Mizrahi Kroub, which files more of these cases in New York than anyone...

Mailers Hub Article Highlights CCPA Compliance Issues for Mail Producers

In the first of a new, regular series of articles for Mailers Hub News, B&I attorneys Martin I. Eisenstein, David Swetnam-Burland, Stacy O. Stitham, and Jamie Szal reminded mail producers, “Ready or Not, the California Consumer Privacy Act Is Here” (at page 3). Their article provides an overview of the CCPA and the numerous and...

To Be Or Not To Be: Standing In Invasion of Privacy Cases

In the case of Frank v. Gaos, argued before the United States Supreme Court on October 31, 2018, oral argument took an unexpected turn, leading the Justices to direct the parties (and the Solicitor General) to brief the question of whether any named plaintiff had standing, i.e., whether they were in fact injured, in a...

Online Terms of Use: An Update

On June 10, 2019, we discussed an Illinois federal court decision enforcing an online consumer arbitration agreement. There are now decisions from federal courts in New York and California that touch on related issues, and offer important guidance for online terms and conditions.

EU-US Privacy Shield: What You Need To Know

On December 19, 2018, the European Commission published its second report on the EU-US Privacy Shield, under which companies can certify adequate compliance with EU privacy standards to be able to receive data from or concerning EU citizens.  If you obtain such data, we present an overview of what you should know about the EU-US Privacy...

Toxics In Packaging: Are You Protected?

As many direct marketers wrestle with the new Proposition 65 regulations (set to go into effect on August 30, 2018), there are other state laws relating to product safety as to which they should be aware.  We address here the nineteen (19) states that have enacted so-called “toxics in packaging” laws that regulate the presence...

Bertoni and Nuzzi Publish Article, Will Host Webinar On California Prop. 65 Changes

Partners David Bertoni and Daniel Nuzzi highlight key changes to California’s Proposition 65 that will go into effect on August 30, 2018, in their newly published article, “Are You Ready for the Fast–Approaching Prop 65 Amendments?” The article discusses critical changes to labeling requirements, warning responsibilities, and the law’s safe–harbor provision that will go into...

Proposition 65: Big Changes for Direct Marketers

Starting next summer, you’ll be required put Proposition 65 product safety warnings in your catalogs and on your websites near every affected product.