Eyes on Ecom Law

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EU-US Privacy Shield: What You Need To Know

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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...

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Class Arbitration and Other Risks: Are You Protected?

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More companies, large and small, are including arbitration clauses in their consumer agreements, including clauses that seek to bar class arbitration.  Such clauses may be easier said than done, and there remain traps for the unwary.

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Plain Meaning: Conservative Judges Reining In the FTC?

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In recent decisions analyzing the plain meaning of the FTC Act, two federal district courts have held that the FTC cannot file suit under § 53(b) of the Act where the alleged misconduct has ceased.  If upheld on appeal, the impact of these cases could be extraordinary.

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Autodialers: Ninth Circuit (Again) Opens Class Action Floodgates

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Businesses who market by text or telemarketing beware.  On September 20, 2018, the Ninth Circuit adopted the most radical and expansive definition of what constitute autodialers for purposes of liability in the Telephone Consumer Protection Act (“TCPA”).  This startling interpretation of the TCPA, which could make even smartphones autodialers, is a potent reminder that, in...

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On the Cover of State Tax Notes: Isaacson and Bertoni Discuss Stare Decisis

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George Isaacson and David Bertoni made the cover of State Tax Notes this month with the latest installment of Brann & Isaacson’s quarterly column Eyes On E-Commerce.   In their article, “The Strange Death of Stare Decisis” Isaacson and Bertoni contend that the U.S. Supreme Court’s recent decisions in South Dakota v. Wayfair and Janus v....

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Proposition 65: Compliance Issues

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As of August 30, 2018, big changes went into effect for Proposition 65.  These changes include new warning obligations for Internet and catalog sellers, a limited “safe harbor” for certain retailers, and a great deal of ambiguity and uncertainty.  There are two issues we are seeing again and again, and which are worth special attention.

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Alabama Court of Appeals Rules In Favor of Scholastic Book Clubs

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Brann & Isaacson partner David W. Bertoni, representing Scholastic Book Clubs, Inc., successfully argued to the Alabama Court of Civil Appeals that the company had no obligation to collect and remit use taxes in connection with its sales of children’s books and related items to teachers, homeschooling parents, and schoolchildren.  The decision, which affirmed a judgment...

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Toxics In Packaging: Are You Protected?

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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...

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Matthew Schaefer Discusses Post-Wayfair Landscape in Podcast

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Partner Matthew Schaefer recently spoke with host Mike O’Brien of MultiChannel Merchant on the MCM CommerceChat podcast in a session assisting retailers in “Breaking Down the Aftermath of the Wayfair Decision.” Schaefer explained key aspects of the U.S. Supreme Court’s recent decision in South Dakota v. Wayfair, in which he took part as a member...

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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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