The riots in NYC in early June affected many pharmacies. Pharmacy owners felt shocked at the very sight of their looted pharmacies. Shattered glass scattered everywhere. One pharmacy owner in the Bronx was watching the events as they transpired via security footage: “I felt so powerless. Watching on cell phone. You can’t do anything.”1 The situation was described as a “free for all for drugs.” Many of the shelves were filled with “prescription medications.” Another pharmacy owner recounted the fear she was experiencing: “I mean this was really scary, and to see it happening on my phone while I’m calling 911 watching it happen, it was very scary.”2

Pharmacy owners still have a duty to report all inventory theft to pharmacy regulating bodies.  Specifically, pharmacies that had their shelves emptied of prescription medications must report this theft to the Drug Enforcement Administration via DEA Form 106. This form allows pharmacies to detail exactly what was stolen to ensure their inventory shortages are properly documented as a result of looting.  

ìFurthermore, pharmacies that close temporarily as a result of the damage from looting and the riots must notify the Board of Pharmacy within 48 hours of their closure. Click the link http://www.op.nysed.gov/COVID-19%20Temp%20Close%20Pharm%202020.pdf to obtain the Temporary Closing Form pharmacies must send to PHARMBD@nysed.gov.

In addition, if pharmacies have to change their hours, they can notify the Pharmacy Board at the aforementioned e-mail.  

We hope everyone is staying safe during these difficult times.  Contact us if you have any questions at (646) 612-7847 or email us at admin.us@sapglegal.com.

Commercial litigation can be quickly resolved in a settlement or end up going to trial which may take as long as 3 years! Here are a few tips to remember when you are involved in a commercial litigation.

1. Cease all communications.

A commercial litigation commences when you notified through a summons and complaint. Once you verify the parties labeled in the caption, cease all communications with the opposing party. Anything you say after the commencement of a lawsuit may hurt your position and be used against your favor.

2. Gather and store all materials.

This includes both relevant and irrelevant documents. All documents related to your company or lawsuit should be gathered and stored in a safe place so you and your attorney can review them. Even if you believe some of the documents are irrelevant, it is your attorney’s discretion to decide whether or not it may be useful for your position. If your company has a document destruction policy, make sure all destruction policies are suspended until your attorney advises you to do so otherwise.

3. There is no guarantee.  

Almost all experienced attorneys will tell you, there is no guarantee in a commercial litigation. Even if the evidence is completely in your favor, the smallest factors, such as a witness testimony can change the direction of the case. Every professional and experienced attorney will prepare for the worst case scenario.

4. Stay involved.

Be involved in your litigation. Maintain consistent communication with your attorney about the litigation. Commercial litigation can become complex and difficult to follow. It is your job to ask and your attorney’s duty to explain the process so you can understand. 

Commercial litigation can occur anytime. Once you are in a commercial litigation, follow the tips above to ensure the most optimal outcome.

When selling your business focus on whether your selling your company as a whole or assets of the company, decide whether there will be financing, ensure you have landlord approval, decide on a non-compete, and agree on who will perform government filings.

The Trump Administration proposed a price increase for the process of becoming a U.S. citizen. The Department of Homeland Security stated that “current fees do not recover the full costs of providing adjudication and naturalization services,” and proposed increasing the citizenship application fee from $640 to $1,170 and the legal permanent residency fee from $1,220 to $2,195.

The Trump Administration has been trying to end the DACA program. Before the Supreme Court votes on whether the program will continue, the administration may use a price increase from $495 to $765 for DACA status renewal to limit the program. In a further effort to limit immigration, the administration is interested in transferring $207.6 million from the U.S. Citizenship and Immigration Services (USCIS) to Immigration and Customs Enforcement (ICE).

Previously, the fees for these applications were below estimated costs to promote naturalization; however, the recent major increase in citizenship applications, the Department of Homeland Security has decided to increase the fees by up to 83 percent. On December 16^th, the USCIS will consider public comments, which can be given from now until the December deadline.

The National Partnership for New Americans (NPNA) is encouraging eligible immigrants to apply for naturalization before the rule goes into effect. The rule discriminates against low-income immigrants, who have stated that the price is a major reason for them not applying for citizenship. The price hike will inevitably affect these immigrants’ future hopes of applying for naturalization and will favor the wealthy.

To find out how you can apply for naturalization contact an attorney at SAPG Legal.

The Ohio Board of Pharmacy (BOP) requires all businesses including, medical clinics, urgent cares, veterinary clinics, medical spas, research facilities, processors, and many others (with few exceptions) who store, administer, or distribute “dangerous drugs,” to obtain a Terminal Distributor of Dangerous Drugs (TDDD) license.  Obtaining this license allows the Board of Pharmacy to inspect the business at any time, with or without notice to the licensee, and imposes a biennial fee.  Dangerous Drugs refers to all prescription drugs including saline, Botox, and anything else with a prescription label as well as prescription compounds like topical numbing creams.

Each licensee is subject to strict and numerous laws and regulations which dictate the storage, quantity, destruction, record-keeping, inventory logging, and the credentials and necessity of a Responsible Person. Except in the case of a Pain Clinic which requires the Responsible Person to be a State Medical Board certified physician, the Responsible Person must be a licensed healthcare professional who will be physically present to provide supervision and control of dangerous drugs on-site, will provide enough security and control of the drugs and have sufficient safeguards in place, will comply with laws regarding the drugs’ distribution, and will monitor subscriptions for suspicious orders and unusual usage and distribution. Like employment posters, the TDDD license must be posted in a visible area and must be available for inspection at any time.  TDDD licensed facilities must always have a Responsible Person, and in case of a change in Responsible Person, the Board must be notified within 10 days of such a change.

Only a licensed healthcare professional may have access to the dangerous drug stock, which must be kept in an area with a physical barrier, which the BOP indicates can be in the form of a locked cabinet. While a full inventory is only required annually, a daily log must be kept of all dangerous drugs being accepted and leaving the stock.  Administration, which is documented in patient records, as well as detailed and inspected invoices or shipment slips are generally sufficient for this requirement.  Controlled and Hazardous substances require additional record-keeping, barriers, and safeguards.  Disposal of any dangerous drug is also regulated, must be documented, must be witnessed by the patient and sometimes by another healthcare provider.

There are a few distinctions based upon the category of the licenses as well.  For more information on whether your practices requires a TDDD license, the BOP has some guidance on its website:  
 https://www.pharmacy.ohio.gov/Documents/Licensing/TDDD/General/Responsible
%20Person%20Requirements%20for%20Licensure.pdf.

For additional information, consult with the experienced attorneys at SAPG Legal.

U.S. Citizenship and Immigration Services (USCIS) administers the EB-5 program to stimulate the U.S. economy by allowing foreign investors to bring their business to the United States and create jobs locally. To obtain an EB-5 visa, investors have to invest in new commercial enterprises, such as sole proprietorship, partnership, corporation, or other publicly or privately owned entities. This investment must employ at least legal ten employees to be considered sufficient for an EB-5 visa.

On July 24, 2019, the USCIS announced that alterations were to be made to the required amount of investment that will go into effect on November 21, 2019. The current regular required investment is $1,000,000, which will increase to $1,800,000. The reduced investment amount for target areas, which generally is 50% of the regular amount, will increase from the current $500,000 to $900,000.

All Form I-526 petitions, Immigrant Petitions by Alien Investors, filed prior to November 21, 2019, will qualify for the current standard $1,000,000 and reduced $500,000 investment amount. The new regulation will only affect petitions filed after the regulation goes into effect in the fall.

Under current regulations, different, “contiguous” census tracts can be combined so that the average of the unemployment rate for the combined tract is 150% that of the national average.

In addition to increasing the required investment amount, USCIS is also changing the way Target Employment Areas (TEAs) are determined and get to benefit from the lower investment allowance. Under old regulations, states got to designate certain geographic and political areas as high unemployment areas, but after the new regulation goes into effect, this will be determined by the Department of Homeland Security. The new regulations require the census tracts to be immediately adjacent, rather than contiguous to avoid gerrymandering. Gerrymandering is done by combining less prosperous census areas with more prosperous ones in order to benefit from the reduced investment price. The new regulations will help avoid having a project that is in a prosperous area, be designated as a TEA simply because they could link more distant tracts, thereby making it seem like it’s worse off than it actually is.

The overall intent of the regulation change is to strengthen the initial idea of the EB-5 visa, which is to provide full time work for American workers.

What are PBM Audits and how to handle these matters when they arise. In this video SAPG Legal Attorney Steve Polyakov explains the details around PBM Audits.

Do you have an extraordinary ability that you’ve been recognized for? It’s time to bring your talent to the United States. You can do so by applying for an O-1 visa.

An O-1 visa is a non-immigrant visa for persons with extraordinary abilities, such as actors, musicians, scientists, athletes, models, artists, and designers. There are different types of O-1 visas for different fields. The O-1B visa is for individuals with high achievements in arts or motion pictures. When applying for an O-1B visa, you must prove that you have been critically acclaimed in your field. You can prove this by showing evidence of three of the following:

• Performance in a starring role in a critically acclaimed production, this can be proven by endorsements, publicity releases, etc.
• Received national or international praise in reviews by critics in newspapers, magazines, and major publications.
• Performance in a starring role in a critically acclaimed production proven by newspaper or magazine articles or publications.
• Being a part of a majorly successful production.
• Having received national or international awards in your field, such as an Emmy or Academy Award.

Step 1:

To receive an O-1 visa, first your potential employer, must file a Form I-129 Petition on your behalf. In addition to the I-129 form, you will need a contract between you and your employer, detailing the terms of your employment in the U.S., as well as written advisory opinions by a peer group, which describe what makes your abilities extraordinary.

Step 2:

Once the I-129 is approved the petitioner will receive an approval notice. If the application was submitted through consular processing the beneficiary will need to attend an in person interview at the consulate in their home country. If it was filed as a change of status, once approved the beneficiary may remain in the United States under their new O-1 status.

Step 3:

O-type visas are valid for up to three years and can be indefinitely extended in increments of up to three years. Additionally, while not required, an approved O-1 petition could serve as the foundation for an EB-1 (Green Card) petition.

Kimberly McHugh was an unauthorized seller of Patagonia goods on Amazon. She sold Patagonia products for more than their retail price. Patagonia filed a complaint against McHugh for unauthorized use of its “Fitz Roy” logo and interfering in the business dealings of authorized online sellers. McHugh’s Amazon Store, Our Little Corner, sold Patagonia Men’s Nano jackets for $272.00, when they regularly retain for $199.00. This became problematic for Patagonia, since its merchandise was getting a different reputation, and McHugh was selling in such large quantities that it intervened with authorized dealers’ business and put consumers’ brand perception at risk.

It is legal for resellers to sell goods even if they are not authorized dealers; however, such sales are not protected from the law when they provide a “materially different” product. Patagonia claims that the material difference in this case arises from the price Our Little Corner puts on its products, as well as the different warranty terms consumers receive when they purchase products directly from Patagonia and its authroized dealers.

One trick Amazon resellers use is coming up with fake ASINs (Amazon Standard Identification Number) for items they sell that belong to brands they are not affiliated with. These products don’t show up in regular ASIN checks that companies do for their inventory because the ASINs unauthorized sellers use are fake. There are, however, ways to protect one’s brand, to a certain extent, from unauthorized sellers on Amazon.

Amazon has become such a huge platform for selling that it is impossible to prevent unauthorized sellers from selling certain brands’ products for their own financial gain. However, Amazon’s Brand Registry feature allows trademarked brands to claim their brands on the website, which allows them to receive greater influence and control over listings on the site. When a brand is on Brand Registry, its products show up at the top of searches on Amazon. Additionally, Amazon has an automated system that uses information about brands to weed out the suspected unauthorized sellers which seem to be infringing on brands’ trademarks.

While it may not be possible to completely prevent unauthorized sellers from selling brand name products, there are ways to distinguish one’s brand from the fake sellers. Maintaining a public image for the brand, so that consumers are aware of its public standing is imperative for being distinguished. Additionally, printing the brand name or logo on shipping packaging can differentiate the authorized dealers from the unauthorized ones. If brands are adamant about not having their products sold on Amazon, they can put in their official agreements with authorized sellers that they do not consent to their products being sold on Amazon.

Selling one’s own products on Amazon, in addition to being a member of Amazon’s Brand Registry, allows trademark owners to control their inventory and make sure their real, authorized products are prioritized during searches. It also helps weed out the unauthorized sellers, and overall helps protect brand trademarks.