• Law Court Affirms B&I Trial Court Victory

    Peter Brann and Michael Carey prevailed today in the Law Court, Maine’s highest court, on an appeal concerning a class action lawsuit challenging a probate judge’s scheduling decisions on constitutional grounds. Brann and Carey took over the defense just prior to trial and won despite findings by the trial judge that the probate judge knew the scheduling changes would cause or ...

    David Swetnam Burland/ Brann & Isaacson- 6 readers -
  • George Isaacson Testifies Before House Judiciary Committee

    On July 25, 2017, Senior Partner George Isaacson gave testimony to the Subcommittee on Regulatory Reform, Commercial and Antitrust Law of the House Judiciary Committee in Washington, DC. His subject was state regulatory overreach and its negative impact on American business and consumers. In his testimony, available here, Isaacson addressed the increasing problem of extra–terr ...

    David Swetnam Burland/ Brann & Isaacson- 5 readers -
  • Skepticism from the Heartland

    Last week we reported on the initial efforts to apply the Supreme Court’s opinion in TC Heartland, with particular interest in what impact that case may end up having on the business of patent litigation in the Eastern District of Texas. As we noted, on first read, TC Heartland seemed to herald the end of the kind of forum–shopping that enabled the Eastern District of Texas to ...

    Stacy Stitham/ Brann & Isaacson- 10 readers -
  • Texas Welcomes TC Heartland

    What does the Supreme Court opinion in TC Heartland mean for the business of patent litigation in Texas—particularly the Eastern District of Texas? On first read, TC Heartland seemed to herald the end of the kind of forum–shopping that enabled the Eastern District of Texas to land 40% of all newly filed patent cases.

    David Swetnam Burland/ Brann & Isaacson- 12 readers -
  • Eisenstein gives Webinar on Cloud Computing

    Martin Eisenstein recently presented a webinar for Strafford Publishing on sales tax issues in connection with cloud computing. His presentation focused on the thorny questions of sourcing cloud computing services as well as of character ...

    Brann & Isaacson- 11 readers -
  • B&I Attorneys Tackle Local Tax Issues In State Tax Notes Article

    Managing partner Martin I. Eisenstein and attorney Jamie Szal, who recently joined Brann & Isaacson after practicing state and local tax law in Massachusetts, have written a news article for State Tax Notes on “The L in SALT: Limits on Local Jurisdiction to Tax,” which discusses the constitutional analysis applicable to taxes imposed by local home rule jurisidictions, as f ...

    Brann & Isaacson- 13 readers -
  • Supreme Court’s Federal Circuit Reversal Streak Continues

    The 2016 Term of the Supreme Court has not been kind to the Federal Circuit Court of Appeals, the specialized appellate court that handles all patent appeals. In each of the six patent cases from the Federal Circuit decided by the Supreme Court, reversal was the result. Specifically, the high court: Reversed the Federal Circuit on the proper way to calculate damages in cas ...

    David Swetnam Burland/ Brann & Isaacson- 17 readers -
  • A Case of First Impression

    It will hardly come as a surprise to frequent readers of this blog that the U.S. Supreme Court has (once more) jettisoned a legal principle fashioned by the Federal Circuit, nor that the opinion was largely without dissent (Justice Ginsburg did dissent in part). The case, Impression Products v. Lexmark International, concluded that a patentee’s decision to sell a product exha ...

    Stacy Stitham/ Brann & Isaacson- 15 readers -
  • Supreme Court Sharply Limits Patent Forum–Shopping In TC Heartland

    Today, May 22, 2017, the Supreme Court struck a powerful blow against forum–shopping in patent litigation and the related patent troll plague. In a concise opinion by Justice Thomas in TC Heartland v. Kraft Foods Group Brands, a unanimous Supreme Court held that a domestic corporation “resides” only in its State of incorporation for purpose of determining where a patent lawsui ...

    David Swetnam Burland/ Brann & Isaacson- 15 readers -
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