• B&I Lawyers Prevail in Federal Civil Rights Jury Trial

      On November 2, 2017, following a two-day federal jury trial, associate Connor J.K. Beatty, supervised by litigation partner Daniel A. Nuzzi, obtained a unanimous plaintiff verdict in a federal civil rights case. In this case in the U.S. District Court for the District of Maine, the jury found that the prison disciplinary captain and prison warden violated the prisoner’s due pr ...

      Brann & Isaacson- 12 readers -
    • South Dakota Supreme Court Hears Oral Argument In Commerce Clause Challenge

      On August 30, 2017, the South Dakota Supreme Court heard oral argument in the State of South Dakota’s appeal from the entry of summary judgment by the Hughes County Circuit Court in favor of retailers Wayfair Inc., Overstock.com, Inc. and Newegg, Inc. The Circuit Court in March 2017 invalidated the South Dakota economic nexus statute as unconstitutional pursuant to the long-st ...

      Brann & Isaacson- 22 readers -
    • B&I Issues Fall Estate Planning Alert

      Partners Martha E. Greene and Kenleigh A. Nicoletta have issued their Fall estate planning alert for 2017. The focus of this bulletin is “What is Probate?” They address such issues as to ensure ...

      Brann & Isaacson- 19 readers -
  • Brann & Isaacson Wins Tax Refund Appeal In Pennsylvania

    On February 5, 2018, the Pennsylvania Board of Finance and Revenue rejected the Pennsylvania Department of Revenue’s denial of the claim for refund sales and use taxes of B&I client, Computer Science Corporation, represented by Martin Eisenstein and Jamie Szal. CSC successfully argued that two equipment purchases on which it had inadvertently paid sales taxes ...

    Brann & Isaacson- 13 readers -
  • Brann & Isaacson Wins Jurisdictional Fight In Contract Dispute

    On January 24, 2018, Justice MaryGay Kennedy sided with plaintiffs represented by Connor Beatty and Peter Brann in denying a motion to dismiss for lack of personal jurisdiction filed by Idaho–based defendants. The plaintiffs, Daniel Mason and Kira Barber, allege in their complaint that the defendants, Rocky Mountain Wings LLC and Stace Schrader, shipped them a defective airpla ...

    Brann & Isaacson- 9 readers -
  • Brann & Isaacson Represents Retailers in Major Supreme Court

    On January 12, 2018, the U.S. Supreme Court agreed to hear a key dispute over the scope and limits of state taxing authority over out–of–state businesses. Respondents Wayfair Inc., Overstock.com, Inc. and Newegg Inc., among the 40 largest Internet retailers in America, are represented by Brann & Isaacson partners George Isaacson, Martin Eisenstein, and Matthew Schaefer.

    Brann & Isaacson- 10 readers -
  • Brann & Isaacson Files Brief Opposing Supreme Court Review of South Dakota Tax Case

    On December 7, 2017, George S. Isaacson, Martin I. Eisenstein, and Matthew P. Schaefer filed a brief opposing the grant of certiorari in South Dakota v. Wayfair, Inc. et al. The brief, filed on behalf of Wayfair, Inc., Overstock.com, Inc., and Newegg, Inc., urges the Supreme Court not to review the South Dakota Supreme Court’s holding that the three companies could not be requ ...

    Brann & Isaacson- 12 readers -
  • Class Actions: What Might Be On Your Horizon as a Direct Marketer?

    Companies who have faced class action lawsuits, even (and maybe especially) frivolous ones, won’t soon forget the experience. Just getting a case dismissed, or fending off class certification in the first place, can be extraordinarily costly and stressful. The amounts at stake are often huge–with potential downsides of “per violation” penalties in the four or five figures; cos ...

    Brann & Isaacson- 11 readers -
  • B&I Partners Offer Webinar on Factor Presence Tax Nexus

    On September, 27, 2017, partners Martin Eisenstein and Matthew Schaefer co–led a webinar for Strafford Publications on “Factor Presence Nexus for State and Local Taxes: Meeting the Challenges of Developing State Standards.” The webinar provided corporate tax advisers with guidance on attempts by many states to enforce so–called “factor presence nexus” on nonresident corporate ...

    Brann & Isaacson- 8 readers -
  • A Sovereign Shield

    A previously-little known loophole in the patent system, which permits Native American tribes to assert sovereign immunity as defense in inter partes review (IPR) is getting a great deal of attention these days, following an unpopular deal by Allergan to shelter its patents with the Saint Regis Mohawk Tribe.

    Stacy Stitham/ Brann & Isaacson- 7 readers -
  • Crutchfield Files Court Challenge To Massachusetts “Economic Nexus” Regulation

    On October 24, 2017, Crutchfield Corporation filed suit in the Circuit Court for Albemarle County, Virginia, against officials in the Massachusetts Department of Revenue, challenging the validity of Massachusetts’ new “economic nexus” regulation. Crutchfield, represented by George Isaacson, Martin Eisenstein, and Matthew Schaefer, asserts that the new rule violates the Commerc ...

    Brann & Isaacson- 6 readers -
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