Thoughtful Insight and Updates on Legal Issues that Matter to You

Perspectives

Law 360: Jury Is Still Out On Scope Of Arbitration Clauses

By Allan A. Joseph August 28, 2014     Our country rose from the discontent of oppressive power. It is within our genetic makeup to be vested with fundamental rights […]

International Tax Compliance Update: Renouncing U.S. Citizenship to Avoid Taxes: Is It Worth It?

August 13th, 2014 As we have reported previously (see here, here, here, and  here) in recent years the United States has intensified its efforts to force United States persons to […]

Florida Appeals Court Clarifies Law On Derivative And Direct Shareholder Lawsuits

July 22nd, 2014 On July 9, 2014, Florida’s Third District Court of Appeal issued a landmark opinion in the case of Dinuro Investments, LLC vs. Felisberto Figueira Camacho, et al., 3D13-1242 […]

Operation Choke Point Update: Despite Congressional and Industry Criticism, DOJ Will Continue Crackdown On Payday Lending Industry

July 3rd, 2014 Since early 2013, the United States Department of Justice (“DOJ”) has been formally targeting banks and payment processors servicing a wide range of lawfully operating businesses that […]

United States Supreme Court: Warrants are required to search digital data on seized cell phones

July 2nd, 2014 On June 25, 2014, in Riley v. California, a unanimous United States Supreme Court held that the Fourth Amendment requires that police obtain a warrant prior to […]

Tax Litigation Update: Eleventh Circuit Holds Clear and Convincing Evidence Standard Applies to Penalties Imposed under IRC § 6701

June 25th, 2014 The Eleventh Circuit Court of Appeals, which hears appeals from the federal district courts in Florida, Georgia, and Alabama, ruled earlier this month that in order to […]

FTC Settlement with Payment Processor Highlights Importance of Anti-Money Laundering Programs for Non-Bank Financial Institutions

On June 11, 2014, the Federal Trade Commission (“FTC”) announced that it had entered into a stipulated permanent injunction with Independent Resources Network Corp., a payment processor, to settle charges […]

International Tax Compliance Update: Offshore Voluntary Disclosure Program Modifications: A Trap for the Unwary

Several weeks ago, we reported that changes to the IRS’s Offshore Voluntary Disclosure Program (“OVDP”) were imminent and would focus on distinguishing between taxpayers who willfully violated their reporting requirements, […]

Food Labeling and Marketing after POM LLC v. Coca-Cola Co.: Why Compliance with FDA Regulations May Not Be Enough

On June 12, 2014, the United States Supreme Court issued a unanimous decision in POM Wonderful LLC v. Coca-Cola Co., holding that competitors may bring Lanham Act claims challenging food […]

Governor Scott Signs Medical Marijuana Bill

Gov. Rick Scott quietly signed a bill Monday legalizing a limited form of medical marijuana known as “Charlotte’s Web,” even as much of the state’s GOP leadership continues battling a constitutional amendment allowing more sweeping use of pot.