Eyes on Ecom Law

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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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Proposition 65: Big Changes for Direct Marketers

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

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Crutchfield Files Court Challenge To Massachusetts “Economic Nexus” Regulation

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On October 24, 2017, Crutchfield Corporation filed suit in the Circuit Court for Albemarle County, Virginia, against officials in the Massachusetts Department of Revenue, challenging the validity of Massachusetts’ new “economic nexus” regulation. Crutchfield, represented by George Isaacson, Martin Eisenstein, and Matthew Schaefer, asserts that the new rule violates the Commerce Clause of the United...

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Class Actions: What Might Be On Your Horizon as a Direct Marketer?

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Companies who have faced class action lawsuits, even (and maybe especially) frivolous ones, won’t soon forget the experience.  Just getting a case dismissed, or fending off class certification in the first place, can be extraordinarily costly and stressful.   The amounts at stake are often huge–with potential downsides of “per violation” penalties in the four...

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South Carolina DOR Goes After Amazon Services For Unreported Sales/Use Tax On Third-Party Transactions

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Companies that operate online marketplaces should be aware of a recent determination issued by the South Carolina Department of Revenue upholding an assessment of uncollected sales tax against Amazon Services LLC (“Amazon Services”)  the entity that operates the website at www.amazon.com (the “Amazon website”), through which sales are made by both Amazon affiliates and non-affiliated...

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