Thoughtful Insight and Updates on Legal Issues that Matter to You

Perspectives

Senate Rejects Amendments To Repeal 1099 Rules From Health Care Reform Bill

On November 29, 2010, the United States Senate rejected two proposals to repeal new 1099 filing requirements for small businesses that were passed as part of the Patient Protection and […]

U.S. And Panama Sign Tax Information Exchange Agreement

On November 30, 2010, the United States Department of the Treasury announced that the U.S. and Panama have signed a new tax information exchange agreement (“TIEA”). A copy of the Department of the Treasury’s press release can be read in full here.

Stakeholders Seek Additional Clarifications From IRS In Wake Of Its Initial Guidance On FATCA

As the Internal Revenue Service moves towards full implementation of the Foreign Account Tax Compliance Act (“FATCA”), businesses and financial institutions are seeking greater clarifications, and in some cases exemptions, from the law’s broad new reporting and disclosure requirements.

IRS Withdraws “John Doe” Summons Against UBS

On November 16, 2010, the Internal Revenue Service (“IRS”) and the government of Switzerland announced that the IRS has withdrawn its legal proceedings against Swiss bank UBS stemming from the bank’s role in assisting its U.S. clients to shield income from the IRS. Had the summons been fully enforced, it could have led to the revocation of UBS’s operating license in the United States.

FDA Clearance of New Embryonic Stem Cell Clinical Trials and Upcoming Arguments in Federal Court of Appeals

Earlier this week, the U.S. Food and Drug Administration (FDA) cleared a human clinical trial using embryonic stem cells. This clinical trial will examine the effects of the stem cells on a rare disease causing serious vision loss, Stargardt’s Macular Dystrophy. The approval of the trial marked only the second time human trials involving embryonic stem cells have been cleared by the U.S. government.

Mitchell Fuerst Presents Webinar on Year-End Tax Planning for CFOs

On November 23rd, Mitchell Fuerst, Managing Partner of Fuerst Ittleman, PL, presented a webinar on “CFO Best Practices for Tax Breaks & Strategies to Capitalize on Before Year-End 2010.” Offered […]

Physicians’ Ties With Pharmaceutical Companies: Down, but not out

Medical doctors’ relationships with pharmaceutical industry representatives are insidious. Industry representatives seek to induce physicians to prescribe certain drugs through the use of free samples, sponsored lunch programs, educational symposiums, gifts, reimbursements, payments, and sales calls whereby representatives are armed with detailed prescribing data. Although this interaction remains highly pervasive, a number of attempts have been made to control the situation and offset the rising prescription drugs costs in the United States.

Recent Action Against Caffeinated Alcoholic Beverage Manufacturers Highlights The Dual Jurisdiction Of FDA and TTB In Federal Labeling Issues

On November 17, 2010, the FDA issued warning letters to four companies that manufacture caffeinated alcoholic beverages. The FDA declared that the caffeine added to the companies malt alcoholic beverages […]

FDA Releases Detained Shipment After Company Brings Suit

Last week, Amphastar filed a Notice of Withdrawal, voluntarily dropping its Motion for a Preliminary Injunction in the Company’s suit against the FDA. The Motion, which was filed just eight days earlier, concerned the detention of two shipments from Amphastar’s foreign-manufacturer. The two shipments detained by the FDA contained semi-purified heparin, an intended starting material, for which the Company needs to complete the FDA’s qualification process.

Freight Forwarder and Oil Service Companies Pay Huge Fines For Violating The Foreign Corrupt Practices Act

In another example of the recent enhancement in enforcement of the Foreign Corrupt Practices Act, (FCPA) a global freight forwarder and five oil and gas service companies resolved FCPA investigations conducted by the Department of Justice and the Securities and Exchange Commission by agreeing to pay $156,565,000 in criminal penalties and civil disgorgement, interest and penalties in the sum of $80,000,000.