George Isaacson Addresses Boston Bar Association On Wayfair’s Impact

On November 2, 2018, Senior Partner George Isaacson discussed the impact of the U.S. Supreme Court’s recent decision in South Dakota v. Wayfair for taxpayers and taxing jurisdictions at an event hosted by the Boston Bar Association. Isaacson represented Respondents Wayfair, Overstock.com, and Newegg in Wayfair, and argued the case in the Supreme Court—his second...

Schaefer Details Post-Wayfair Uncertainty in New Article

Partner Matthew Schaefer, who served as co-counsel to the Respondents in the landmark case of South Dakota v. Wayfair Inc., has published a feature article in the August 2018 edition of Digital Business Lawyer reporting on the Supreme Court’s Wayfair decision and the uncertainty it leaves for remote sellers and states regarding the enforceability of...

Isaacson Addresses Congressional Internet Caucus Academy on Wayfair’s Effects

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...

SUPREME COURT ISSUES 5–4 OPINION IN HIGH–PROFILE STATE TAX CASE

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...

B&I Wins High-Profile Alabama Tax Dispute Over “Kill Quill” Rule

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...

Unpatent To Take on Patent Trolls

Newegg and its Chief Legal Officer, Lee Cheng, have been outspoken and uncompromising in opposition to patent trolls. Cheng has now joined forces with two well–known hackers, Luis Cuende and Jorge Izquierdo, on their new venture, Unpatent, with the goal of “fixing the innovation framework,” beginning with patent trolls, which they describe as a “glitch...

B&I Files Second Set of Merits Briefs with the Ohio Supreme Court in Cases Challenging the Constitutionality of the Ohio Commercial Activity Tax on Behalf of Remote Sellers

Brann & Isaacson partners Martin Eisenstein, David Bertoni, and Matthew Schaefer filed a second set of merits briefs with the Ohio Supreme Court on November 19, 2015, in three separate cases challenging the constitutionality of the statutory, gross receipts nexus standard applicable to the Ohio Commercial Activity Tax (“CAT”). B&I represents Internet retailers Newegg Inc.,...

B&I Files Second Set of Merits Briefs with the Ohio Supreme Court in Cases Challenging the Constitutionality of the Ohio Commercial Activity Tax on Behalf of Remote Sellers

Brann & Isaacson partners Martin Eisenstein, David Bertoni, and Matthew Schaefer filed a second set of merits briefs with the Ohio Supreme Court on November 19, 2015, in three separate cases challenging the constitutionality of the statutory, gross receipts nexus standard applicable to the Ohio Commercial Activity Tax (“CAT”). B&I represents Internet retailers Newegg Inc.,...

Justice Delayed

Courts are busy, and generally understaffed and underfunded when you consider the workload they are expected to handle. At times, that means that cases slip through the judicial cracks. That can present a thorny problem for litigants awaiting a ruling. At what point, and through what means, do you try to (gently) remind a court...

Google Adds Prior Art To Patent Page

The Google Patents page has been for some time now a one–stop shop for copies of published U.S. patents and patent applications. This week, the search engine giant added a new wrinkle—prior art. In an announcement published on July 16, 2015, Google Deputy General Counsel for Patents, Allen Lo, and Software Engineer for Google Patents,...