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...

David Bertoni to Moderate Panel on Ethics and Wiretapping Class Actions

On May 6, 2024, David W. Bertoni will moderate a panel on The Ethics of Wiretapping and Data Privacy Class Actions at the 2024 Class Action Money & Ethics Conference in New York. Bertoni and a panel of leading practitioners will explore the legal, ethical, and technological dimensions of wiretapping claims in the internet age....

Nathaniel Bessey Named to Law360 Editorial Board, Tax Authority State & Local

Brann & Isaacson congratulates Nathaniel Bessey on being named to the 2024 Editorial Advisory Board of Law360, Tax Authority State & Local (subscription required). Bessey brings to the position his extensive experience representing the firm’s clients, including Fortune 500 companies and some of the largest Internet retailers, in all aspects of the state tax dispute...

Peter Brann Assists Pro Bono in Major Environmental Win

Brann & Isaacson lawyer Peter Brann was co-counsel for environmental groups and tribes in lengthy proceedings and public hearings before Maine’s Land Use Planning Commission (LUPC) that resulted in denial of a rezoning application by a Canadian company, Wolfden, which would have allowed mining in northern Maine near Baxter State Park and the Katahdin Woods...

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...

Peter Brann and Eamonn Hart Prevail in VPPA Lawsuit

Brann & Isaacson lawyers, Peter Brann and Eamonn Hart, won a motion to dismiss a federal lawsuit in the Southern District of California brought under the Video Privacy Protection Act against, Boden, a British clothing retailer. B&I argued that it was wholly insubstantial to claim that the VPPA applied to showing a small snippet of...

Kevin Haley and Adam Mooney Pen MaineBiz Article on Trademarks for CBD Products

On February 7, 2024, MaineBiz published an article by attorneys Kevin Haley and Adam Mooney on the trademark issues relating to cannabis products and their suppliers, entitled, “How to find a path to trademark protection for CBD products.” Haley and Mooney discuss the difficulties of securing trademark protections for products that are legal recreationally in...

David Bertoni and David Swetnam-Burland Publish Article on Private Tax Enforcement in Tax Notes State

On January 29, 2024, Tax Notes State published the latest article by attorneys David Bertoni and David Swetnam-Burland in Brann & Isaacson’s Eyes on e-Commerce series, “New Year, Old Threats: Private Tax Enforcement Looks Back to the Future” (subscription required). The authors highlight recent developments in the private enforcement of state tax laws that practitioners...

Brann & Isaacson Obtain Dismissal of Another Website Accessibility Case

Brann & Isaacson lawyers, Peter Brann and Hannah Wurgaft, obtained dismissal of another website accessibility case filed in NY state court by Mizrahi Kroub, the law firm that has filed more of these types of cases in NY than any other law firm. This case had been filed in NY Supreme Court in Queens against...

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...