Thoughtful Insight and Updates on Legal Issues that Matter to You

Perspectives

Online Sales Taxes Emerging as New York Court of Appeals Shoots Down Overstock and Amazon’s Constitutional Objections

Introduction: In a March 28, 2013 decision, New York’s highest state court, the New York State Court of Appeals, held that New York’s “click-through” nexus statute, Tax Law § 1101 […]

FDA Issues Two Warning Letters for Social Media Use: FDA Does Not Approve of “Liking” Consumer Claims and Targets Website Search Results

In 2009, the U.S. Food and Drug Administration (FDA) announced that it intended to release a guidance document explaining how it will regulate industry’s use of social media to advertise […]

Third Circuit Court of Appeals Issues Landmark Decision in Virgin Islands Economic Development Program Case

Disclosure: Joseph A. DiRuzzo, III of Fuerst Ittleman David & Joseph was part of the trial team that representedthe taxpayers in the June 2010 bench trial in the District Court […]

Capital Records v. ReDigi, Inc.: New York District Court Determines that First Sale Doctrine does NOT apply to Digital Media. Did They Get it Right?

On March 30, 2013, only 11 days after the United States Supreme Court’s decision in Kirtsaeng v. Wiley to extend the first sale doctrine to foreign made goods, a United […]

Federal Court Orders FDA to Approve OTC Sales of “Morning-After Pill,” Finds Current Age and Point-of-Sale Restrictions to be Arbitrary and Capricious

On April 5, 2013, Judge Edward R. Korman of the United States District Court for the Eastern District of New York found that the Secretary of Health and Human Service’s […]

CMS To Post Additional Nursing Home Deficiency Data Online

On March 22, 2013, the Centers for Medicare and Medicaid Services (“CMS”) announced that it would increase the amount of information available online by posting a nursing home’s three (3) […]

FDA Energy Drink Regulation in the News: Health Experts Push for Regulatory Changes and Monster Moves to Market as a Beverage Instead of as a Dietary Supplement

On March 19, 2013, a group of doctors, researchers, and public health experts sent a joint letter to the Commissioner of the U.S. Food and Drug Administration (“FDA”) urging the […]

Real Estate Litigation Update: Statute of Frauds? It Had Better Be Written. Sort of.

Leave it to Don King to muddy the legal waters. Consistent with its recent pattern of strictly enforcing agreements, the Florida Supreme Court issued a decision that refused to expand […]

A Supreme Court Win for U.S. Consumers

The Economic Effect of the Supreme Court’s Ruling in Kirtsaeng v. Wiley In a 6 to 3 decision handed down on March 19, 2013, the United States Supreme Court chalked […]

POM Appeals FTC Final Order Regarding Deceptive Claims

As we previously reported, on May 17, 2012, an FTC Administrative Law Judge (“ALJ”) held in an Initial Decision that POM Wonderful LLC’s (“POM“) claims that its products can treat, […]