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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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Eisenstein and Bessey Pen Cover Article in State Tax Notes on Cloud Services and State Income Tax

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In their cover article in the May 21, 2018, issue of State Tax Notes (“Public Law 86-272: Sunlight for a Cloud Service”), Managing Partner Martin I. Eisenstein and Partner Nathaniel A. Bessey analyze the 1959 Interstate Commerce Tax Act (commonly referred to as Public Law 86-272) as it applies to out-of-state providers of cloud computing services.  The authors...

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George Isaacson Reflects On Supreme Court Argument in Law360 Profile

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Law360 has published an in–depth profile (subscription required) of senior partner George Isaacson, fresh off of his second appearance in the United States Supreme Court. On April 17, 2018, Isaacson argued on behalf of Wayfair, Overstock.com, and Newegg in South Dakota v. Wayfair, the state’s challenge to Quill v. North Dakota, in which the Court...

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Law360 Article Quotes Peter Lowe On Legal Marijuana And Employer Drug Use Policies

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A May 7, 2018, article, “Employers Scrambling to Revisit Boilerplate Drug Policies,” in Law360 (subscription required), quotes partner Peter Lowe on the challenges for employers of keeping up with new state laws legalizing marijuana for medical or recreational purposes. Lowe notes that many state laws governing the use of medical marijuana prohibit employers from denying...

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B&I Attorneys Address Maine HR Convention On Key Employment Law Issues

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B&I attorneys Peter Lowe, Dan Stockford, and Connor Beatty appeared at the Maine HR Convention at the Samoset Resort in Rockport, Maine. This week–long convention is perennially the largest convention of human resources professionals in Maine, and among the largest in the country. On Tuesday, May 8, Peter Lowe gave a presentation on recent high–profile...

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Isaacson Argues Major U.S. Supreme Court Tax Case On Behalf of Retailers

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On Tuesday, April 17, 2018, Brann & Isaacson senior partner George Isaacson  presented oral argument in South Dakota v. Wayfair on behalf of three leading Internet retailers, Wayfair, Overstock, and Newegg, in the most important sales tax case to face the Supreme Court in the past 25 years. In their brief for the Respondents, the...

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