Former Price Promotions, Current Legal Risk

Former price promotions, you say? Plus ça change, plus c’est la même chose. This isn’t just a quote from Jean-Baptiste Alphonse Karr or a line from Circumstances by Rush. It’s also a fitting description of the risks associated with California’s thorny and potentially unconstitutional Business & Professions Code § 17501. The combination of this statute and avaricious lawyers is...

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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....

Brann & Isaacson Wins Summary Judgment for NaviStone in Pennsylvania

On June 17, 2021, U.S. District Judge William S. Stickman IV of the Western District of Pennsylvania granted a motion for summary judgment filed by David W. Bertoni, David Swetnam-Burland, and Eamonn Hart on behalf of their client, NaviStone, Inc., which had been accused of violating the Pennsylvania Wiretapping and Electronic Surveillance Control Act (or...

Brann & Isaacson Secures Dismissal of California Case Against NaviStone

Within hours of hearing oral argument from Eamonn Hart, U.S. District Judge Vince Chhabria of the Northern District of California entered an order dismissing a complaint against Brann & Isaacson client NaviStone, Inc., which alleged that NaviStone engaged in unlawful wiretapping under California law. Originally filed as a class action seeking millions of dollars in...

B&I Partners Address Arbitration in Consumer Tax Cases in Tax Notes State Cover Article

On September 17, 2020, Tax Notes State featured a cover article by partners David Bertoni, David Swetnam-Burland, and Nathaniel Bessey, “A Shield, Not a Sword: Arbitration in Consumer Tax Cases” (subscription required). In their article, the authors discuss the emerging consensus on how to present a binding arbitration provision to consumers on business websites; how...

B&I Attorneys Pen Cover Story for State Tax Notes

On March 16, 2020, an article by David W. Bertoni, David Swetnam-Burland, and Jamie Szal, “Crossfire Hurricane: Perils in a Post-Wayfair World,” was featured as the cover story in State Tax Notes. The authors address three unanticipated consequences for business from the 2018 Supreme Court opinion in South Dakota v. Wayfair Inc. First, home-rule jurisdictions...

Web Arbitration Clauses: Federal Court Upholds “Terms of Use”

On June 7, 2019, the United States District Court for the Northern District of Illinois ruled in favor of retailer Wayfair LLC, and its parent company, Wayfair Inc., in a decision that both (1) upholds a web arbitration agreement and (2) provides useful guidance in presenting “terms of use” to website shoppers. What can we...

B&I Secures Dismissal of California Privacy Class Action Complaint

On May 1, 2019, the U.S. District Court for the Northern District of California dismissed a putative class action filed against Brann & Isaacson client, NaviStone, Inc., and New Moosejaw, LLC. NaviStone, represented by David Bertoni, David Swetnam-Burland, and Eamonn Hart, had moved to dismiss the complaint based on the plaintiff’s lack of standing and...

Federal Judge Orders Final End To Wiretapping Class Action Lawsuit

On December 4, 2018, U.S. District Judge Esther Salas of the District of New Jersey finalized the dismissal of a putative class action lawsuit filed by Michael Allen against NaviStone, Inc., represented by B&I partner David W. Bertoni, and Quicken Loans Inc. In an earlier order, Judge Salas had agreed with the arguments made by...

Brann & Isaacson Again Secures Dismissal Of Wiretapping Class Action Lawsuit

On November 9, 2018, U.S. District Judge Esther Salas of the District of New Jersey ordered the dismissal of a putative class action lawsuit filed by Michael Allen against NaviStone, Inc., represented by B&I partner David W. Bertoni, and Quicken Loans Inc. Allen’s complaint alleged that NaviStone provided Quicken Loans with a JavaScript code that...