By David Bertoni, Partner, Brann & Isaacson Long a staple of retail selling, reference price advertising — shorthand for promotions that include a reference to a higher price, which is often “slashed” through — has generated more than its share of state and federal investigations and class action lawsuits. These include a highly-publicized case brought by California […]
By Martin Eisenstein and Eamonn Hart of Brann & Isaacson If you sell gift cards, you may not be aware of the special legal rules that apply to their sale. What may catch you by surprise are the potential exposures to your business if you do not take suitable measures to address such laws. This article provides […]
By Martin Eisenstein of Brann & Isaacson It is hard to believe that it has been more than 3-1/2 years since the U.S. Supreme Court, by a slim majority, decided South Dakota v. Wayfair. In a rush to their legislatures, the states quickly adopted economic nexus laws. Every state that has a sales tax, except Missouri, is now requiring […]
By Peter Brann and Hannah Wurgaft, Brann & Isaacson For the last few years, plaintiffs have filed over 2,000 lawsuits a year, on average, asserting in cut-and-paste complaints that company websites are not accessible, which they claim violates Title III of the Americans with Disabilities Act (ADA). Last year was the biggest yet, with over […]
By George S. Isaacson, Martin Eisenstein, David Swetnam-Burland & Jamie Szal of Brann & Isaacson In the world of state and local tax law, it’s almost cliché to say that Wayfair — that is, the U.S. Supreme Court’s June 2018 opinion in South Dakota v. Wayfair — changed everything for remote merchants. In that case, a divided Court overruled earlier precedent, […]
By David Swetnam-Burland of Brann & Isaacson Over the summer, the number of states enacting comprehensive and potentially burdensome state privacy laws has grown to four. The most recent is the Colorado Privacy Act (CPA), which follows similar statutes in California, Nevada, and Virginia. First, the good news: The CPA does not go into effect until July 1, […]