Thoughtful Insight and Updates on Legal Issues that Matter to You

Perspectives

Class Action Lawsuits Allege Deceptive “Natural” Labeling Claims

As we previously reported here and here, there has been a noticeable increase in the number of lawsuits filed by consumers aiming to challenge “natural” advertising and labeling claims for […]

Sixth Circuit Court of Appeals Vacates Sentence for Violating Constitution’s Ex Post Facto Clause

On August 2, 2012, the United States Court of Appeals for the Sixth Circuit vacated a criminal defendant’s sentence, because it violated the ex post facto clause of the U.S. […]

Federal Circuit Invalidates Section 263A Regulation Under the Chevron Test

On May 31, 2012, the U.S. Court of Appeals for the Federal Circuit concluded that the associated property rule in Treas. Reg. § 1.263A-11(e)(1)(ii)(B) as applied to property temporarily withdrawn […]

Federal Appeals Court Affirms Collateral Consequences of Park Doctrine

On July 27, 2012, the United States Court of Appeals for the D.C. Circuit in Freidman v. Sebelius upheld the U.S. Department of Health and Human Services (“HHS“) determination to […]

IRS Win in Appellate Case Portends Bigger FBAR crackdown

On July 20, 2012, the U.S. Court of Appeals for the Fourth Circuit concluded that the district court clearly erred in finding that the Government failed to prove that J. […]

U.S. Tax Court Rules Silent Illinois Politician Committed Tax Fraud; Statute of Limitations does not Bar Assessment of Old Deficiency

On July 30, 2012, the U.S. Tax Court concluded that Betty Loren-Maltese, a locally well-known Illinois politician, fraudulently underreported income on her 1994 income tax return by omitting two substantial […]

Update: Workers Compensation Fraud Task Force Announces Multiple Arrests in Workers Compensation Check Cashing Scheme

On July 30, 2012, Florida Chief Financial Officer Jeff Atwater and Broward County Sheriff Al Lamberti announced multiple arrests in an investigation conducted by the Florida Workers’ Compensation Fraud Task Force known as “Operation Dirty Money.” The arrests come as part of a larger effort of the Florida Department of Financial Services’ Division of Insurance Fraud to combat workers’ compensation fraud facilitated by money services businesses (“MSB”)

Update: Online Poker Sites Reach Settlement With Justice Department Over Fraud Allegations; Payment Processor Associated with Online Poker Fraud Sentenced

As we have detailed in previous reports here and here, on April 15, 2011, federal prosecutors shut down online poker sites PokerStars, Full Tilt Poker and Absolute Poker and indicted eleven people in connection with their involvement with the sites’ operation.

FDA Clears Ingestible Medical Device through De Novo Review Process

On May 1, 2012, the U.S. Food and Drug Administration (“FDA”) cleared the Proteus Digital Health, Inc. (“Proteus”) ingestible sensor for marketing as a Class II medical device through the de novo review process. The ingestible sensor is part of digital health feedback system that will relay information to a patient’s healthcare professional from a microchip embedded in pills to monitor a patient’s response to treatment

Is it drug manufacturing or the practice of medicine? Stem cell therapy debate just getting started

The latest round of a stem cell debate may have concluded, but as far as the lawyers representing an orthopedics company that has offered stem cell treatments are concerned, it’s a long way from over.