Bertoni, David

  • 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…

    Brann & Isaacson- 11 readers -
  • Proposition 65: Big Changes for Direct Marketers

    … Starting next summer, you’ll be required put Proposition 65 warnings in your catalogs and on your websites near every affected product. Big changes are coming to Proposition 65, and you need to be ready for them. Proposition 65: Background As a vendor or a consumer, no matter where you live, you’ve not doubt seen Proposition 65 warning stickers…

    Brann & Isaacson- 14 readers -
  • Proposition 65: Big Changes for Direct Marketers

    … Most of you have seen those little stickers that warn you that a product contains a chemical determined by the State of California to create a risk of cancer, birth defects, or reproductive harm. Well, starting next summer, you’ll be required put those warnings in your catalogs and on your websites near every affected product. Big changes…

    Brann & Isaacson- 18 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…

    Brann & Isaacson- 16 readers -
  • CAN-SPAM: Is the FTC Poised For Major Changes?

    … The FTC has asked interested parties to address a wide variety of questions concerning its CAN-SPAM rules, including whether the rule provides any benefits to consumers. Where might this lead? HISTORY OF CAN-SPAM RULES The Controlling the Assault of Non-Solicited Pornography and Marketing Act (or “CAN-SPAM”) went into effect on January 1, 2004…

    Brann & Isaacson- 18 readers -
  • Spokeo Speaks — Again

    … In Robins v. Spokeo, Inc., a case that made its way up to the U.S. Supreme Court and back again, the U.S. Court of Appeals for Ninth Circuit has allowed a case to go forward on the slenderest thread of alleged “harm,” despite the U.S. Supreme Court’s admonition that a concrete injury must alleged. Spokeo: Background Spokeo publishes online…

    Brann & Isaacson- 12 readers -
  • Alabama Court Cancels Alabama Use Tax Assessment Against Scholastic Book Clubs

    … In an order issued on August 18, 2017, the Circuit Court of Montgomery County, Alabama canceled an assessment of use tax issued against Scholastic Book Clubs, concluding that Scholastic, represented by partner David Bertoni, lacked sufficient contacts with Alabama to be required to collect and remit tax. The court found that the activities…

    Brann & Isaacson- 17 readers -
  • Former Prices: The Latest Class Action Trap In Sales Promotions

    … Do you offer products for sale and promote “former prices” to underscore the bargain you’re offering? If so, you should be on high alert. Seemingly governed by the principle that, if you throw enough against a wall, some of it will stick, class action attorneys are constantly on the lookout for obscure theories that appear to be getting traction…

    Brann & Isaacson- 12 readers -
  • State Tax Notes Runs Cover Feature On Private Tax Enforcement

    … An article by partners David Bertoni and David Swetnam–Burland, “Barbarians at the Gates: Private State Tax Enforcement,” is the cover feature in the November 21, 2016, issue of State Tax Notes (subscription required). In the article, Bertoni and Swetnam–Burland detail the rise in litigation over state tax obligations brought by private parties…

    Brann & Isaacson- 1 readers -
  • State Tax Notes Publisher Lauds Brann & Isaacson

    … In the June 27, 2016 edition of leading industry publication of State Tax Notes (Vol. 80, No. 13), Deputy Publisher David Brunori praised Brann & Isaacson’s work in defending the interests of online retailers and remote sellers in constitutional litigation regarding the physical presence “substantial nexus” standard of Quill Corp. v. North…

    Brann & Isaacson- 13 readers -
  • B&I Wins Dismissal Of Administrative Appeal Against SAD 75

    … within his statutory authority in enforcing a policy that charter school students would not be allowed to participate in extracurricular activities if the available places were filled by students enrolled at the public school. B&I partner David Bertoni and attorney Michael Carey represented SAD 75, with Carey making oral argument to the court…

    Brann & Isaacson- 12 readers -
  • Substantial Nexus Under Siege: Industry Fights Back!

    …. In addition to showing why the substantial nexus rule lives on, as strong as ever, in the decisions of the U.S. Supreme Court, the authors go over fights now underway in South Dakota and Alabama, and point to other states that appear to be ready to follow suit. George Isaacson and Matthew Schaefer represent ACMA and four major retailers in the two…

    Brann & Isaacson- 40 readers -
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