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HTMLNAD Finds Fault with Taste Test’s Survey Universe and Test Locations
Thomas P. Jirgal, David Mallen; Loeb & Loeb LLP;
Legal Alert/Article
December 5, 2014, previously published on November 2014
In a recent decision involving taste tests and preference claims for sweetened breakfast cereals, the National Advertising Division (NAD) once again reminds advertisers that advertising claims must be substantiated by properly designed and conducted consumer testing. The MOM Brands Company case...

 

HTMLSupreme Court Hears Arguments on Appellate Standard of Review Over Patent Claim Construction
Kathleen M. Gersh, Mark E. Waddell; Loeb & Loeb LLP;
Legal Alert/Article
November 11, 2014, previously published on October 2014
The United States Supreme Court heard oral argument October 15, 2014, in Teva Pharm. USA, Inc. v. Sandoz, Inc., No. 13-854. The question before the Court in this case is whether the Federal Circuit should give Rule 52 deference to a district court's claim construction determination or if it may...

 

HTMLNARB Panel Cautions Use of Online Consumer Reviews to Substantiate Claims
Thomas P. Jirgal, David Mallen; Loeb & Loeb LLP;
Legal Alert/Article
November 11, 2014, previously published on October 2014
A recent ruling by the National Advertising Review Board (NARB) cautions companies about using online customer reviews to support "most recommended" claims, reminding advertisers that are eager to leverage customer feedback and online reviews for marketing purposes that they must adhere...

 

HTMLRegulators At SIFMA Regional Conference Highlight Regulatory, Litigation And Arbitration Risks
Eugene R. Licker, Jerry S. Phillips; Loeb & Loeb LLP;
Legal Alert/Article
October 15, 2014, previously published on October 2014
At a recent regional SIFMA conference, the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA) and state regulators discussed the risks inherent in the ongoing low-yield environment. The regulators expressed concern over individuals' investing in products...

 

HTMLFTC Updates Its Mail Order Rule
Kenneth R. Florin, James D. Taylor; Loeb & Loeb LLP;
Legal Alert/Article
October 15, 2014, previously published on October 2014
The FTC's "Mail Order Rule" is now the "Mail, Internet, or Telephone Order Merchandise Rule" (16 CFR Part 435).

 

HTMLIRS Streamlines Offshore Voluntary Disclosure Program
Thomas Lawson, Alan J. Tarr; Loeb & Loeb LLP;
Legal Alert/Article
October 2, 2014, previously published on September 2014
On June 18, 2014, the IRS announced new Streamlined Filing Compliance Procedures (Streamlined Programs) and changes to the existing Offshore Voluntary Disclosure Program (OVDP). These programs are intended to help taxpayers correct any failures to report foreign financial assets and income (and to...

 

HTMLWhat You Need to Know About Corporate Inversions
Thomas Lawson, Alan J. Tarr; Loeb & Loeb LLP;
Legal Alert/Article
October 2, 2014, previously published on September 2014
It seems like every day brings news of another possible corporate inversion transaction. The news reports usually describe these transactions as another United States corporation moving or relocating outside of the country. While the management of the U.S. company tries to downplay the tax impact,...

 

HTMLAnother Taxpayer Mistake Causes Loss of Charitable Contribution Deduction
Thomas Lawson, Alan J. Tarr; Loeb & Loeb LLP;
Legal Alert/Article
October 2, 2014, previously published on September 2014
It has become unusual for a month to go by without the tax news reporting another case where a taxpayer has lost a charitable contribution deduction due the failure of the taxpayer to follow all of the rules relating to the particular deduction. We have written about this before but it continues to...

 

HTMLThe End of the Year Is Rapidly Approaching
Thomas Lawson, Alan J. Tarr; Loeb & Loeb LLP;
Legal Alert/Article
October 2, 2014, previously published on September 2014
Now is a good time to think about year-end tax planning in multiple areas. Many people take advantage of the annual exclusion from gift tax that is available to each person to make gifts each year. For 2014, the annual exclusion amount is $14,000, and this amount can be given to an unlimited number...

 

HTMLIRS Issues Additional Guidance as to When Construction Begins for Production Tax Credit
Alan J. Tarr; Loeb & Loeb LLP;
Legal Alert/Article
October 2, 2014, previously published on September 2014
As described in prior newsletters, a taxpayer is entitled to a production tax credit (PTC) with respect to sales of electricity from certain qualified facilities where construction of the facility began before January 1, 2014. The IRS had previously provided two methods to determine when...

 


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