To Be Or Not To Be: Standing In Invasion of Privacy Cases

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In the case of Frank v. Gaos, argued before the United States Supreme Court on October 31, 2018, oral argument took an unexpected turn, leading the Justices to direct the parties (and the Solicitor General) to brief the question of whether any named plaintiff had standing, i.e., whether they were in fact injured, in a...

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Martin Eisenstein Gives Presentation on Wayfair for Foreign Sellers

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On February 5, 2019, managing partner Martin Eisenstein presented a Strafford Webinar entitled “New Economic Presence Nexus Standards for Foreign Remote Sellers: Impact of Wayfair Holding on Non-U.S. Companies.” Eisenstein addressed the challenges facing sellers outside the United States posed by the U.S. Supreme Court’s decision in South Dakota v. Wayfair, and the practical ways...

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Martin Eisenstein and Nathaniel Bessey Pen State Tax Notes Cover Story

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An article by managing partner Martin Eisenstein and partner Nathaniel Bessey, “Wayfair and P.L. 86-272 in a Services Economy,” is the cover story in the November 5, 2018, issue of State Tax Notes. In the piece, Eisenstein and Bessey explore the broader potential impacts of the Supreme Court’s recent opinion in South Dakota v. Wayfair...

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George Isaacson Addresses Boston Bar Association On Wayfair’s Impact

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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...

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B&I Partner Recalls His Day In The Supreme Court For Super Lawyers

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An article in the November 2018 issue of New England Super Lawyers, “The Whole Show: How Peter Brann Won by Throwing Away Everything and Starting Over,” Brann & Isaacson partner Peter Brann recalls his experience representing the State of Maine in the United States Supreme Court in 1999. Honored by Super Lawyers again in 2018...

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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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Schaefer Details Post-Wayfair Uncertainty in New Article

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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...

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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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TC Heartland Venue Argument Was Not “Available” Before TC Heartland Opinion Issued

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In this week’s episode of Patent Venue, when is a change in the law a change in the law? On May 22, 2017, the Supreme Court issued its opinion in TC Heartland, reversing the Federal Circuit and reaffirming that a corporate defendant can only be sued for patent infringement either in its state of residence...

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