Bertoni, David

    • 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.

      Brann & Isaacson- 18 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- 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 -
  • Class Actions: What Might Be On Your Horizon as a Direct Marketer?

    … stringent requirements. Did you have “free” product promotions, but failed prominently to disclose limitations on the offer? Such limitations need to be sufficiently disclosed in proximity to the offer, and can include responsibility for return shipping, handling charges, or other limitations or requirements, including enrollment in continuity…

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

    … into a regulatory gray zone. The agency’s apparent sensitivity to the business impact of the rules is also a positive development which may lead to a renewed focus on simplicity. We’ll report back as soon as we learn more. The post CAN-SPAM: Is the FTC Poised For Major Changes? appeared first on Brann & Isaacson. …

    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…

    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

    … Dakota, 504 U.S. 298 (1992). Discussing an appeal filed by Brann & Isaacson in the Alabama Tax Tribunal on behalf of Newegg Inc., in which the retailer challenges an assessment of sales tax under Alabama’s new “economic nexus” regulation, Rule 810-6-2-.90-.03, Brunori wrote: “This will be a heavyweight battle. Alabama will throw its best…

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

    … The Maine Superior Court has dismissed an appeal filed by Harpswell Coastal Academy against Maine School Administrative District 75, challenging the school district’s decision not to allow a charter school student to try out for the eighth grade basketball team at a public middle school. Justice Warren ruled that the school superintendent acted…

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

    … Martin Eisenstein and David Bertoni have published their latest blog for members of the American Catalog Mailers Association: The Industry Is Fighting Back. The blog goes over each of the major battlefronts in the states’ multi-pronged effort to overturn the long-settled Commerce Clause rule of “substantial nexus,” which requires that companies…

    Brann & Isaacson- 40 readers -
  • Quill: Rumors of Its Death Are Greatly Exaggerated

    … Connecticut and Minnesota), and developments in so-called “clickthrough nexus” and affiliated company-created nexus laws, and efforts by Minnesota, Nebraska, and Oklahoma to require tax collection by so-called “marketplace providers” such as Amazon and eBay. An up-to-the-moment review of the federal legislative front is also provided. The post Quill: Rumors of Its Death Are Greatly Exaggerated appeared first on Brann & Isaacson. …

    Brann & Isaacson- 31 readers -
  • David Bertoni Cited On Constitutionality Of Reducing Copyright Terms

    … be an unconstitutional taking under the Fifth Amendment to the U.S. Constitution. Bertoni, as Carlisle notes, has significant experience litigating constitutional issues, including cases implicating the Fifth Amendment’s “takings clause.” To read the article, click here. The post David Bertoni Cited On Constitutionality Of Reducing Copyright Terms appeared first on Brann & Isaacson. …

    Brann & Isaacson- 12 readers -
  • State Tax Notes Nexus Article Highlights Brann & Isaacson Constitutional Litigation

    … the Tenth Circuit Court of Appeals, where the DMA argues that the Colorado law violates the Commerce Clause of the U.S. Constitution by discriminating against out–of–state retailers in favor in-state businesses and by unduly burdening interstate commerce. In Ohio, B&I Managing Partner Martin Eisenstein and Partner David Bertoni, along with Schaefer…

    Brann & Isaacson- 14 readers -
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