• 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- 16 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- 15 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- 13 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 -
  • B&I Partners Assist Microsoft In Ending Patent Case

    Partners Stacy Stitham and Peter Brann, acting as local counsel, assisted Microsoft in obtaining a dismissal with prejudice of a patent lawsuit filed in the District of Maine. While the federal lawsuit was pending, Microsoft invalidated the patent in the Patent and Trademark Office (PTO), which was then affirmed on appeal. The plaintiff sought a dismissal without prejudice o ...

    Brann & Isaacson- 11 readers -
  • Understanding the Exceptional Trademark Case

    The buzz in the (IP) blogosphere this week relates to Romag Fasteners v. Fossil, Inc., in which the Federal Circuit joined the Third, Fourth, Fifth, Sixth, and Ninth Circuits in concluding that fee recovery under the Lanham Act follows the standards of the Supreme Court’s decision in Octane Fitness.

    Stacy Stitham/ Brann & Isaacson- 12 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 in one court or another, and t ...

    Brann & Isaacson- 12 readers -
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