Cal. Court of Appeal Clears Path for ACMA Challenge to Tax Reg.

On February 16, 2023, the California Court of Appeal issued a one-line order that will allow the San Francisco Superior Court to hear the merits of a lawsuit by the American Catalog Mailers Association (ACMA) against the California Franchise Tax Board. The ACMA filed suit in August 2022, challenging the Board’s legal authority to publish...

ACMA Lawsuit Challenging Cal. State Tax Guidance to Go Forward

On November 17, 2022, shortly after hearing oral argument from partner Nathaniel Bessey, San Francisco Superior Court Judge Richard B. Ulmer Jr. issued an order in favor of Brann & Isaacson client the American Catalog Mailers Association (ACMA), paving the way for high-profile tax litigation to proceed. The case centers on whether the California Franchise...

Martin Eisenstein and David Swetnam-Burland Present to National Association of Presort Mailers on Tax and Privacy Issues

On February 17, 2021, managing partner Martin Eisenstein and partner David Swetnam-Burland presented a webinar at the Virtual Annual Conference of the National Association of Presort Mailers (NAPM), moderated by Hamilton Davison of the American Catalog Mailers Association. In the Sales Tax and Data Privacy Update, Eisenstein talked about key issues in state sales tax...

B&I Attorney Presents at ACMA Webinar on California Consumer Privacy Act

On Wednesday, June 17, 2020, B&I partner David Swetnam-Burland participated in a webinar sponsored by the American Catalog Mailers Association on the “California Consumer Privacy Act: Are You Fully Prepared?” Swetnam-Burland spoke to a diverse group of catalog retailers and related businesses on the compliance requirements of the first-of-its-kind state privacy law; what businesses and...

B&I Publishes Employment Law Updates on Cloth Coverings, Reopening

B&I has added two employment law updates to its COVID-19 Legal Resource Library. The first offers an overview of federal and state guidance on cloth face covering requirements in Maine. The second responds to employer questions arising out of a webinar on “The Realities of Re-opening,” hosted by B&I and Career Management Associates, and should...

Martin Eisenstein, David Bertoni, and David Swetnam-Burland Speak at American Catalog Mailers Association Conference

Brann & Isaacson attorneys addressed members of the American Catalog Mailers Association at its annual conference in Washington, DC, from April 8-10, 2019. On April 8, managing partner Martin Eisenstein spoke to the conference in a panel called, “It’s a Wayfair World Now and We All Have to Live In It.” Eisenstein discussed the state...

Eisenstein and Schaefer Answer Questions About Post-Wayfair Compliance for ACMA “Legal Corner”

In a post on the American Catalog Mailers’ Association “Legal Corner” on July 26, 2018, B&I Partners Martin Eisenstein and Matthew Schaefer provided answers to some of the fundamental questions confronting remote sellers striving to comply with sales tax requirements in multiple states in the wake of the U.S. Supreme Court’s decision in South Dakota...

Indiana “Economic Presence” Nexus Law Suspended Pending Litigation

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,...

George Isaacson Testifies Before House Judiciary Committee

On July 25, 2017, Senior Partner George Isaacson gave testimony to the Subcommittee on Regulatory Reform, Commercial and Antitrust Law of the House Judiciary Committee in Washington, DC. His subject was state regulatory overreach and its negative impact on American business and consumers. In his testimony, available here, Isaacson addressed the increasing problem of extra–territorial...

ACMA and NetChoice Prevail In Challenge To Massachusetts Tax Rule For Internet Sellers

On June 28, 2017, in response to a lawsuit filed by Brann & Isaacson on behalf of the American Catalog Mailers Association and NetChoice, the Massachusetts Superior Court entered an immediate judgment halting implementation of Massachusetts Department of Revenue Directive 17–1, “Requirement that Out-of-State Internet Vendors with Significant Massachusetts Sales Must Collect Sales or Use...