Brann & Isaacson Secures Dismissal Of Wiretapping Class Action Lawsuits

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On July 12, 2018, Senior United States District Judge William H. Pauley III of the Southern District of New York issued an opinion and order dismissing three separate class action privacy lawsuits alleging claims under federal wiretap and electronic surveillance statutes and New York consumer protection laws.  The court agreed with the arguments made by...

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

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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...

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Isaacson Addresses Congressional Internet Caucus Academy on Wayfair’s Effects

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Senior Partner George Isaacson joined a distinguished panel of experts on Monday, July 9, 2018, to consider the effects of the U.S. Supreme Court’s opinion in South Dakota v. Wayfair, Inc. In that opinion, the Court overruled long–standing precedent and held that a state tax authority may require an out–of–state business to collect and remit...

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SUPREME COURT ISSUES 5–4 OPINION IN HIGH–PROFILE STATE TAX CASE

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On June 21, 2018, the United States Supreme Court issued its opinion in South Dakota v. Wayfair, Inc., the most significant state tax case to face the high court in decades. In a narrow, 5-4 decision, the Court overruled long–standing precedent, announced first in National Bellas Hess v. Department of Revenue of Illinois (1967) and...

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B&I Wins High-Profile Alabama Tax Dispute Over “Kill Quill” Rule

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On June 14, 2018, the Alabama Tax Tribunal entered an Opinion and Final Order voiding a sales/use tax assessment issued against Newegg Inc. by the Alabama Department of Revenue under the Department’s economic nexus regulation, Ala. Admin. Code r. 810-6-2-.90.03. The regulation and Newegg’s appeal received considerable attention because the rule targeted of out-of-state retailers...

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J. Crew Wins Summary Affirmance In Patent Dispute With Intellectual Ventures

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On November 20, 2017, the Federal Circuit Court of Appeals summarily affirmed the invalidity of two patents asserted against J. Crew by Intellectual Ventures without opinion, just two weeks after hearing oral argument from Partner David Swetnam–Burland. In August 2016, Judge Rodney Gilstrap of the Eastern District of Texas granted J. Crew’s motion to dismiss...

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TC Heartland Venue Argument Was Not “Available” Before TC Heartland Opinion Issued

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In this week’s episode of Patent Venue, when is a change in the law a change in the law? On May 22, 2017, the Supreme Court issued its opinion in TC Heartland, reversing the Federal Circuit and reaffirming that a corporate defendant can only be sued for patent infringement either in its state of residence...

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Eisenstein Presents Webinar on Management of State Tax Audits

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On October 3, 2017, Managing Partner Martin Eisenstein participated as a presenter in a Strafford Publishing webinar on “Sampling and Audit Management.” He discussed best practices in managing sales and use tax audits, and gave examples of typical problems taxpayers encounter when they do not follow best practices. Eisenstein provided specific practice pointers for tax...

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“Place of Business” Means Place of Business, Says Federal Circuit

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Previously, on Patent Venue: May 22, 2017: The Supreme Court issues its opinion in TC Heartland, returning to the rule of law that a corporate defendant can only be sued for patent infringement either in its state of residence or a judicial district in which alleged acts of infringement have occurred and the business has...

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Indiana “Economic Presence” Nexus Law Suspended Pending Litigation

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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.  Under the new law, which took effect on July 1,...

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