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Fuerst Ittleman David & Joseph, PL is a law firm based in Miami, Florida, serving both domestic and international business clientele. The firm's practice was created to meet the unique business needs of those involved in domestic and international trade and commerce as well as their accompanying regulatory compliance and litigation needs.

Working together and with a talented team of associates, the firm's partners Mitchell Fuerst, Andrew Ittleman, Christopher David and Allan Joseph represent their clients in the areas of Tax and Tax Litigation, Complex Business-related Litigation, Food and Drug Law, Administrative Law and Litigation, Anti-Money Laundering Compliance, Complex Transactions, and White Collar Criminal Defense.

If you are a part of a domestic, foreign, or multi-national organization facing challenges in any of these areas, please feel free to contact Fuerst Ittleman David & Joseph, PL for an initial consultation either by electronic mail or telephone. Fuerst Ittleman David & Joseph, PL takes pride in its prompt response and looks forward to the opportunity to be of assistance to your company.

Fuerst Ittleman David & Joseph, PL is adept at both sophisticated, complex tax planning from an international business perspective as well as dealing with tax controversies both outside of litigation as well as in the courtroom. FI principals work one-on-one with top corporate leadership, building relationships geared to enhancing the future successes of the company client.

Tax News

 

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IRS official refuses to answer questions at scandal hearing

Target cuts full-year forecast after weak first quarter

Apple, former Washington wallflower, now at center of tax fight

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International Tax Compliance Update: Florida Couple Indicted for Failing to Report Offshore Bank Accounts as IRS Continues Enforcement Against Offshore Tax Evasion and FBAR Violations

Tax Compliance Update: IRS Aggressively Pursues Foreign Banks; Offshore Voluntary Disclosure Programto Remain Open Indefinitely

IRS Issues “John Doe Summons” to Wells Fargo Seeking Identities of U.S. Taxpayers with Offshore Accounts at First Caribbean International Bank

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

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

US Court Orders Wegelin to Pay a Total Penalty of $74 Million

Third Circuit Court of Appeals Affirms Tax Court Decision on CARDS Tax Shelter

Update: IRS Continues To Use Anti-Drug Trafficking Tax Code Provision To Limit The Ability Of Marijuana Dispensaries to Deduct Business Expenses

IRS Issues Guidance for Native Americans Regarding Tribal Trust Settlements

Eleventh Circuit Court of Appeals Sustains Required Records Exception to the Fifth Amendment

     

Sometimes, the goal is product approval. Sometimes, it’s to protect or advance a position in the market. Occasionally, the aim is just to prevent current operations from being interrupted.

Whatever the objective, an impersonal bureaucracy involving the Food & Drug Administration (FDA), the United States Department of Agriculture (USDA), US Customs Department (Customs), or the Federal Trade Commission (FTC) will be involved, as well as those of other countries. A labyrinth of global governmental oversight can exist when dealing with a worldwide marketplace.

One of the best advantages a food or drug manufacturer, processor, or distributor can have in these situations is an ally who not only is expert legal counsel, but who has career experience making his accustomed and adept in dealing with these agencies. For clients of Fuerst Ittleman David & Joseph, PL, that person is Mitchell S. Fuerst, Esq., head of the firm’s Food, Drug & Cosmetics section.

Food, Drugs & Cosmetics News

 

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FDA expands alert to health care providers about lack of sterility assurance of all sterile drug products from NuVision Pharmacy

FDA approves Nymalize--first nimodipine oral solution for use in certain brain hemorrhage patients

FDA warns consumers about potential health risk with Juices Incorporated juice products

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Update: FDA Regulation of Marijuana “Medibles” Presents Challenges and Uncertainty for Marijuana-based Food Manufacturers and Distributors

Energy Drink Regulatory Update: Monster Sues City of San Francisco in Federal Court, City Fires Back in California State Court

Medical Device Update: FDA Regulation of Tanning Beds, “Henceforth to be Known as Sunlamp Products”

FDA Shines a Light on Tanning Bed Safety, Proposes Device Reclassification and Warnings to Users Under 18

A Wake-Up Call to the Food Industry: FDA Announces Investigation into Use of Caffeine in Food

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

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

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

POM Appeals FTC Final Order Regarding Deceptive Claims

FTC Commission Upholds POM Wonderful Decision Regarding Deceptive Claims

     

In litigation, experience and skill are the keys to a successful result. International commerce is complicated and litigating its multi-faceted issues is complex. Sometimes, the laws and forums of several countries must be considered and weighed.

Litigation is a battle and FI attorneys stand with their clients in the fight. FI has fought for client rights not only in US State and Federal courts, but various national and international courts and tribunals.

Complex Litigation News

 

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LL Bakery, Inc. Announces the Recall of White Farm Enriched White Bread, Butter Farm Enriched White Bread, and Italian Cream Danish for Undeclared Milk Allergens

Letter to Biosense Technologies Private Limited concerning the uChek Urine Analyzer

Federal Register: Center for Devices and Radiological Health Appeals Processes: Questions and Answers About 517A; Draft Guidance for Industry and Food and Drug Administration Staff; Availability

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Florida Business Litigation Update: Florida Appeals Court Requires Insurer to Provide Separate Counsel for Multiple Insureds Under Single Policy

Florida Complex Litigation Update: Raymond James Financial Services, Inc. v. Phillips: Florida Supreme Court rules that statute of limitations applies to arbitration

Energy Drink Regulatory Update: Monster Sues City of San Francisco in Federal Court, City Fires Back in California State Court

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

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?

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

A Supreme Court Win for U.S. Consumers

Business Litigation Update: Suddenly, Contracting Parties Face Tort Risks in Florida

Business Litigation Update: The Economic Loss Rule Exiled to its Humble Beginnings

Florida Litigation Update: Does the Court Have the Authority to Sanction a Party After Voluntary Dismissal is Filed

     

The US Customs Department regulates the import and export of goods & services crossing all United States borders and in doing so, US Customs enforces not only its own import and export regulations but those of other US agencies, as well. For companies dealing with international commerce, US Customs must be dealt with side by side with the Customs agencies of foreign governments for all nations in which the company does business.

While national economies depend upon the efficient flow of global trade and therefore the coordination of these various Customs authorities, the ease with which individual international companies zigzag through the maze of Custom regulations may not be as smooth.

Custom, Import & Trade News

 

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GAO-13-626T, Elder Justice: Federal Government Has Taken Some Steps but Could Do More to Combat Elder Financial Exploitation, May 16, 2013

GAO-13-238, Diversity Management: Trends and Practices in the Financial Services Industry and Agencies after the Recent Financial Crisis, April 16, 2013

GAO-13-489R, Capitol Preservation Fund: Audit of Fiscal Years 2011 and 2012 Transactions, May 01, 2013

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Customs Sharing Hard Times with Importers and Travelers

11th Circuit Case Signals Split on Law vs. Regulation vs. … Contract?

CBP Inspects Almost a Billion Ways to Say “I Love You”

U.S. Lifts Ban on Imports from Burma: Continued Efforts to Ease Burma Back into the Global Economy

Fourth Circuit Court of Appeals Upholds Federal Ban on Trafficking of Certain “Culturally Significant Articles”

U.S. Indicts Multiple Companies and 165 Parties Added to the BIS Entity List for Alleged Involvement in Russian Military Procurement Network

Physicians and Pharmacies Must Be Aware of the Dangers and Potential Penalties Associated with Importing Prescription Drugs

CBP Expands its Simplified Entry Program

Time is Money: CBP Proposes New Mitigation Guidelines for Liquidated Damages Response Petitions

CBP Changes Regulations for Suspected Counterfeit Merchandise

     

White collar crime is a broad term that encompasses any illegal activity connected to a business or commercial transaction. It can involve US federal law or state law, civil statutes or criminal statutes and adjudication can result in loss of money in criminal fines or civil damages, together with criminal penalties that can include incarceration and forfeiture.

In the rough and tumble 24/7 world of international commerce, sometimes it may not be clear whether or not any illegality has, or may, occur. Any curiosity or concern here should not be dismissed: it is imperative that legal counsel be sought in order to protect and preserve defenses and strategic trial alternatives at the earliest possible juncture. Protecting yourself and your company against any white collar crime investigation is the epitome of applying the adage of ‘better safe than sorry.

White Collar Defense News

 

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International Tax Compliance Update: Florida Couple Indicted for Failing to Report Offshore Bank Accounts as IRS Continues Enforcement Against Offshore Tax Evasion and FBAR Violations

Update: Banking Difficulties May Lead Marijuana Dispensaries to Commit Bank Fraud

Queen Shoals Ponzi Scheme Defendant Pleads Guilty

US Court Orders Wegelin to Pay a Total Penalty of $74 Million

Senate Committee on Banking Holds Hearing on Lax Enforcement of the Bank Secrecy Act

Ernst & Young to Pay $123 Million to Resolve Federal Tax Shelter Fraud Investigation

Eleventh Circuit Court of Appeals Sustains Required Records Exception to the Fifth Amendment

Recent Conviction of Medical Marijuana Distributor Highlights Continuing Federal Efforts To Prosecute Medicinal Marijuana Under The CSA

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

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

     

September 11, 2001, changed the way that the world does business in many ways. US security issues, among other things, have resulted in US Anti-Money Laundering legislation and its Bank Secrecy Act (AML-BSA) being the current major focus of both US and foreign bank regulators and financial leaders alike.

Corporate compliance is a continuing focus of regulatory agencies. To the financial services industry, foreign and domestic, the expense alone of increasing financial reporting and other operating requirements can be daunting; competing in an international marketplace with these additional parameters is frustrating and cumbersome.

Anti Money Laundering News

 

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Schedule C Guidance (FCPA)

Myanmar – Should Angels Fear To Tread?

How to Improve Your Anti-Corruption Compliance Programme — Part 1

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Bitcoin Regulatory Update: Understanding the Federal Government’s Attack on Mt. Gox

Update: Florida Legislature Adopts OFC Workers’ Compensation Fraud Work Group Recommendations, Passes Law Establishing Real-Time Check Cashing Database and Check Casher Reporting Requirements

Queen Shoals Ponzi Scheme Defendant Pleads Guilty

Senate Committee on Banking Holds Hearing on Lax Enforcement of the Bank Secrecy Act

Update: Third Party Payment Processor Sentenced to Jail Time for Processing Internet Poker Company Funds

Update: Online Poker Executives Guilty Plea Highlights the Additional Penalties Payment Processors When Processing Illicit Gambling Proceeds

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

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

Senate Report Reveals Numerous Sustained AML Deficiencies at HSBC

Consumer Financial Protection Bureau Seeks Comments Regarding General Purpose Reloadable Prepaid Cards

     

Wealth Preservation

Fuerst Ittleman David & Joseph, PL wealth preservation and asset protection practice works with clients throughout the United States and abroad to ensure that their hard-earned financial success stays where they want it to stay and goes where they want it to go.

Our practice team of experienced attorneys, accountants and financial planners work with our clients to analyze their current or prospective financial goals and strategies, establish a master plan to achieve those goals, implement the structure (whether domestically or offshore), and monitor the results on an on going basis to ensure that your wealth preservation and asset protection plan remains as effective as possible.

Estate Planning

Whether performed as a result of a life-changing event such as marriage, the birth of a child, or the launch of a new business, or done in response to an influx or outflow of new wealth, assets, or responsibilities, estate planning is critical to assuring not only your long-term financial stability, but to giving you peace of mind as well. The professionals at Fuerst Ittleman David & Joseph, PL include experienced attorneys, certified public accountants, and wealth management specialists who can take you through the estate planning process. From identification and optimization of assets, to structuring and implementing the instruments and structures necessary to ensure the success of your estate plan, we are there for you.

As Medicare payments continue to comprise an increasing share of health care profits, it is crucial that providers and suppliers receive the full coverage allowed under these programs. Such programs currently account for a significant percentage of the market and provide the primary model for private sector reimbursement. Our health care practice group assists clients in obtaining the highest reimbursement possible, while also helping to develop and implement strategies to ensure regulatory compliance, billing and coding accuracy and business development.

Peer Review Rated

Our firm enjoys the highest rating awarded by The Martindale-Hubbell Directory of Lawyers and Law Firms, the most nationally recognized law directory. We are also included in the Martindale-Hubbell Bar Register of Preeminent Lawyers for 2008 through 2012.

South Florida Legal Guide

2012 – Named as a "Top Law Firm"

2011 – Named as a "Top Law Firm"

2010 – Named as a "Top Law Firm"

2008 – Recognized Practice Areas: Tax Litigation, Corporate Compliance

Super Lawyers

Mitchell S. Fuerst, Esq. – Included on the Florida Super Lawyers® list (2007-2012)

Andrew S. Ittleman, Esq. – Included on the Florida Rising Stars® list (2010-2012)

Allan A. Joseph, Esq. - Included on the Florida Super Lawyers® list (2006-2007, 2011-2012)

   Legal Elite

Mitchell S. Fuerst, Esq. - Named to Florida Trend's Legal Elite (2011)

Andrew S. Ittleman, Esq. - Named to Florida Trend's Legal Elite (2011)

Allan A. Joseph, Esq. - Named to Florida Trend's Legal Elite (2011)