Thoughtful Insight and Updates on Legal Issues that Matter to You

Perspectives

FTC Commission Upholds POM Wonderful Decision Regarding Deceptive Claims

As we previously reported, on September 27, 2010, the Federal Trade Commission (“FTC“) filed an administrative complaint against POM Wonderful LLC (“POM“) for allegedly making unsubstantiated claims, which were also false […]

Eleventh Circuit Upholds Florida’s “Patient Self-Referral Act of 1992” as Constitutional

On January 10, 2013, the United States Court of Appeals, Eleventh Circuit, issued a ruling upholding Floridas “Patient Self-Referral Act of 1992” (Fla. Stat. §456.05) as constitutional. The full text […]

Diamond Aircraft Piloting a Change in Floridas Attorneys Fees Law

In Florida, in the absence of a written “prevailing party” clause in a contract or another such contractual basis for fees, prevailing civil litigants generally may recover their attorneys fees […]

How to Ensure That Your Company’s Data Doesn’t Get Lost in the Clouds

Within the past few years cloud computing has become popular with respect to everyday personal and business productivity. Between email, file sharing, word processing, web chatting and social media, the […]

Uncertainty Regarding the Future Regulation of Compounding Pharmacies

As we previously reported, the nationwide outbreak of fungal meningitis linked to contaminated injections produced by New England Compounding Center (“NECC”), a compounding pharmacy in Framingham, Massachusetts, prompted calls by the […]

FDA Releases Two More Rules Implementing the Food Safety and Modernization Act

As we previously reported, President Obama signed the Food Safety and Modernization Act (“FSMA”) in January 2011 to help ensure the safety and security of foods in the United States.  […]

ZPICs and Skilled Nursing Facilities: Medicare’s Wild Wild West

I. General Background Fraud and abuse in the Medicare system undoubtedly increases healthcare costs for healthcare providers and healthcare beneficiaries. Healthcare providers, as a whole, can appreciate the efforts of […]

Say Today, Pay Tomorrow: Florida Court Refuses to Enjoin Defamation

Bob and Sue were once passionately in love. Until Bob decided he wasnt. Sue did not like being jilted one bit. So, Sue took her revenge through the social media, […]

Ninth Circuit Interprets Fifth Amendment’s “Foregone Conclusion” Exception in IRS Summons Enforcement Case

On January 8, 2013, the United States Court of Appeals for the Ninth Circuit affirmed the decision of the U.S. District Court for the Northern District of California in the […]

Eleventh Circuit Holds Fair Debt Collections Act Requires That District Court Adjudicate Any Contested Ownership Interests In Property Subject To A Writ Of Execution

In addition to the criminal penalties which stem from a fraud based convictions, a court may also order a convicted defendant to pay restitution. “The purpose of restitution . . […]