• 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- 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- 19 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- 15 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- 18 readers -
  • Brann & Isaacson Lawyers Prevail in South Dakota Supreme Court Commerce Clause Challenge

    Brann & Isaacson partners George Isaacson, Martin Eisenstein, and Matthew Schaefer prevailed on September 14, 2017, in the South Dakota Supreme Court on a major statutory challenge to the leading U.S. Supreme Court Commerce Clause case protecting remote sellers with no physical presence from being obligated to collect and remit sales and use tax, Quill Corp. v. North Dakota, 504 U.S.

    Brann & Isaacson- 17 readers -
  • Peter Brann Again To Offer Course At Harvard Law School

    Partner Peter Brann will once again be co–teaching a class at the Harvard Law School as a Lecturer in Law during the Fall 2017 term on “The Role of the State Attorney General” with James Tierney, the former Maine Attorney General. Brann and Tierney have been teaching this class at Columbia and Harvard Law Schools for the past several years. Brann, who served a ...

    Brann & Isaacson- 14 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- 17 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 a “people search engine.

    Brann & Isaacson- 11 readers -
  • Oil States Versus The Administrative State

    The Supreme Court has now heard from the petitioner in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC. At issue is not only the fate of inter partes review of patents by the Patent Trial and Appeal Board, but possibly the ability of administrative agencies to review and retract their own erroneous decisions.

    David Swetnam Burland/ Brann & Isaacson- 15 readers -
  • Reference Prices: Are You at Risk?

    Reference prices advise consumers that they are getting a bargain. The California Court of Appeal, however, just upheld a $6.8 million penalty on the grounds that a company’s use of list prices and comparison prices constituted a deceptive trade practice. If past is prologue, we can expect a flood of class action lawsuits to follow.

    Brann & Isaacson- 11 readers -
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