Mitchell S. Fuerst
(in memoriam 1953-2016)

Mitchell S. Fuerst is a founding member of Fuerst Ittleman David & Joseph, PL. He concentrates his practice in the areas of Tax Law & Tax Litigation, Corporate Governance and Compliance, International Business Transactions, Complex Commercial Litigation, International Trade Law, Mergers & Acquisitions, Securities Law and Banking Regulation, Food and Drug Law, Anti-Money Laundering Compliance, and White Collar Criminal Litigation. Learn More

Overview

Mr. Fuerst’s practice is primarily devoted to the comprehensive representation of businesses. His ability to thoroughly analyze the strategies and goals of corporations, coupled with nearly 30 years of diverse legal experience, places him in a unique position to effectively guide businesses through the complexities of governmental regulations and corporate compliance requirements, while consistently maximizing shareholder value. This aspect of Mr. Fuerst’s holistic representation of businesses frequently takes the form of working in conjunction with corporate executives to develop ambitious business strategies that meet or exceed all legal requirements, while simultaneously promoting the growth and success of the corporation.

Prior to entering private practice, Mr. Fuerst worked as a trial attorney with the Internal Revenue Service’s Office of Chief Counsel in Chicago. In 1980, Mr. Fuerst entered private practice, concentrating on tax and tax litigation, and maintains that practice today.Mr. Fuerst’s tax and tax litigation practice consists of State and Federal Income and Excise Tax Litigation, State and Federal Income and Excise Tax Administrative Agency Controversies, Employee vs. Independent Contractor Tax Controversies and Audits, Tax Accounting Audits and Accounting Method Change Applications, Money and Monetary Instrument Compliance Examinations and Investigations and related Criminal and Civil Tax Litigation. Mr. Fuerst regularly practices in Tax and Governmental Compliance, including tax planning for businesses with domestic and international commercial transactions, providing instruction and compliance programs on money and monetary instrument handling and reporting, planning and advising on corporate formations, (such as partnerships and agency agreements), and advising and drafting instruments for commercial transactions such as OEM agreements, manufacturer distribution agreements, manufacturer quantity supply agreements and manufacturer product warranty and epidemic failure agreements.

The other areas of Mr. Fuerst’s practice flow organically from his tax practice. As a world renown tax attorney, Mr. Fuerst must become intimately familiar with every facet of a corporation’s business practices in order to effectively guide that business or represent it in front of state, federal and international taxing authorities. Similarly, with respect to the other areas of his practice – whether teaching international computer parts distributors about the complications associated with Brazilian Customs regulations, briefing Chinese aquaculture farmers on the developments in United States import law, advising domestic financial institutions about the Patriot Act and related BSA regulations and state requirements, or representing food and drug product manufacturers and importers under indictment in Federal District Court – Mr. Fuerst must become as familiar with the day-to-day operations and long-term goals of his client corporations as the corporations’ directors themselves. Only with that knowledge can Mr. Fuerst help his clients make the decisions which will sustain them far into the future.

Mr. Fuerst was born in New York, New York and is admitted to the Bar in Florida, the U.S. Supreme Court, U.S. Courts of Appeals for the Fifth and Eleventh Circuits, U.S. Tax Court, U.S. District Court for the Southern District of Florida, U.S. Court of Federal Claims and the United States Court of International Trade. He received his B.S.B.A. from American University in 1975, his Juris Doctor, Cum Laude, from the University of Miami School of Law in 1978 and was a Member of the University of Miami Law Review from 1977-1978. He was an adjunct professor at the University of Miami School of Law, Master in Taxation Program, from 1986 to 1990. Mr. Fuerst is a member of the Dade County, Federal and American Bar Associations (Member, Sections of Taxation, Litigation); The Florida Bar, Tax Litigation Association of South Florida; Florida Academy of Trial Lawyers; and The Association of Trial Lawyers of America.

Mr. Fuerst’s employment experience includes: Rodriguez O’Donnell Ross Fuerst Gonzalez Williams & England, P.C., Founding Shareholder, 2000-2006; Chief Legal Officer, Future Tech International, Inc., 1996-2000, Miami, Florida; Shareholder Attorney, Richman, Guttenmacher, Bohatch and Fuerst, P.A., 1988-1996, Miami, Florida; Associate Attorney, Squadron, Ellenoff, Mandler, Plesent and Lehrer, 1986-1988, Miami, Florida; Shareholder Attorney, Smith and Mandler, P.A., 1983-1986, Miami, Florida; Senior Attorney, Office of Chief Counsel, Internal Revenue Service, 1980-1983, Miami, Florida; Trial Attorney, Office of Chief Counsel, Internal Revenue Service, 1978-1980, Chicago, Illinois.

Credentials

Education

  • University of Miami School of Law
    Coral Gables, Florida
    J.D., cum laude
  • American University
    Washington, D.C.
    B.S.B.A.

Admitted

  • United States Supreme Court Florida
  • United States Supreme Court
  • United States Court of Appeals for the Federal Circuit
  • United States Court of Appeals for the District of Columbia Circuit
  • United States Court of Appeals for the Fifth Circuit
  • United States Court of Appeals for the Tenth Circuit
  • United States Court of Appeals for the Eighth Circuit
  • United States Court of Appeals for the Eleventh Circuit
  • United States Tax Court
  • United States Court of International Trade
  • United States District Court for the Southern District of Florida
  • United States District Court for the District of Colorado
  • United States District Court for the Northern District of Illinois
  • United States Tax Court
  • United States District Court for the Middle District of Florida

Publications

Publications and Blogs

Upcoming Speaking Engagements

Speaking Engagements: Tax Law

  •  Speaker, “How to Avoid Criminal Exposure in the New Regime of IRS Compliance Reporting Requirements” 29th Annual Accounting Show, Florida Institute of Certified Public Accountants, Ft. Lauderdale, Florida, (September 2014)
  • Speaker, “Litigation Support – Follow the Money, “28th Annual Accounting Show, Florida Institute of Certified Public Accountants, Fort Lauderdale, FL (September 26, 2013)
  • Presenter, “CFO Best Practices for Tax Breaks & Strategies to Capitalize on Before Year-End 2010,” ExecSense Webinar Series (November 23, 2010)
  • Presenter, “Attorney-Client Privilege and FASB’s Loss Contingency Disclosures,” Accounting Today, for WebCPA, (September 14, 2010)

Wealth Preservation

  • Guest Speaker, “Annual Wealth Protection – How a Lawyer Can Protect a Client’s Wealth,” The Florida Bar Tax Section (May 2013)

Food and Drug Law

  • Panel Member, “Responding to FDA Enforcement Actions,” Enforcement, Litigation and Compliance Conference, Food and Drug Law Institute, Washington, DC (December 10, 2013)
  • Speaker, “FDA Regulatory Guidelines,” 2013 World Congress on Advanced Liposculpture and Body Contouring, American Academy of Cosmetic Surgery, New York, NY (October 4, 2013)
  • Speaker, “The Practice of Medicine in the Current Regulatory Environment,” Cell Society Third Annual Clinical Meeting (Cell Society International), San Diego, CA (September 20, 2013)
  • Guest Speaker at the Spring 2012 Symposium American Academy of Cosmetic Surgery, FDA Regulation of Stem Cell Therapies.
  • Guest Speaker at the 11th Clinical Applications for Age Management Medicine Conference discussing the Regulatory Landscape for the Use of Stem Cells in medical care, Las Vegas, Nevada, November 3-6
  • Guest Speaker, “Practice of Medicine: Physicians, Stem Cells and the Current Regulatory Environment,” Age Management Medicine Group 2011 Conference (“Clinical Applications for Age Management Medicine”), Las Vegas, NV, (November 11-14, 2010)
  • Faculty Member, 2nd Annual International Congress on Regenerative and Cell Based Medicine, International Cellular Medicine Society, (November 2010)
  • Guest Speaker, “Introduction to U.S. Federal Food Law and Import Regulations,” Italian-American Chamber of Commerce (February 11, 2010)
  • Guest Lecturer, “Preemption: Recent Case Law Affecting Prescription Drug and Medical Device Safety,” University of Miami Medical School (June 5, 2009)
  • Conference Moderator, “China Imports and Exports: Trading Risks for Economic Rewards,” Fuerst Ittleman David & Joseph, PL, PL (May 28, 2009)
  • Panel Moderator, “Changes in Food Safety for 2009: How Will Your Company be Affected?” International Boston Seafood Show, (March 16-17, 2009)
  • Guest Speaker, “Examine the Regulatory Impact of New Legislation Aimed at Improving Prescription Drug and Medical Device Safety,” First Premium Forum for the Life Sciences Industry; Anti-Counterfeiting and Anti-Diversion Strategies, Center for Business Intelligence (October 21, 2008)
  • Guest Speaker, “Import/Exporting Medical Devices for Clinical Research, Understanding International Regulatory Standards, Logistical and Resource Challenges for the Trial Site, and Considering Strategic Endpoints for Approvals & Reimbursement,” International Medical Device Trials Conference, Q1 Productions (March 11-12, 2008)
  • Guest Speaker, International Boston Seafood Show (February 24-26, 2008)
  • Panel Moderator and Guest Speaker, “Navigating the FDA from Research to Market – Regulatory Insights and Perspectives from the Industry, FDA and FDA Regulatory Counsel,” BioFlorida 10th Annual Conference (October 15-17, 2007)
  • Guest Speaker, “Regulatory Projections Safety Security & Sarbanes Oxley,” Pharma Secure Chain Conference (July 26-27, 2007)
  • Presenter, “Achieving Commercial Success in the Face of Food Regulation and Litigation,” American Conference Institute (September 13-14, 2006)
  • Featured Speaker, “Regulatory Projections: Pharmaceutical Technology, Safety & Security, and Sarbanes-Oxley,” Pharma Secure Chain Conference, (July 25-27, 2005)
  • Organizer and Featured Speaker, “FDA Imports – Cost Effective Compliance,” Rodriguez O’Donnell Ross Fuerst Gonzalez & Williams, P.C. (April 2004)
  • Guest Speaker, “Bioterrorism Act Compliance,” Compliance Workbook: U.S. Food & Drug Administration Bioterrorism Act (April, 2004)
  • Guest Speaker, “Pharmaceutical Supply Chain – Imports,” Generic Pharmaceutical Association (March, 2004)

Customs and Trade Law

  • Quoted and Featured in “Tea Party May Throw Kink Into GOP Trade Policies,” Business Lawyers Online (Law360) (November 3, 2010)
  • Conference Moderator, “China Imports and Exports: Trading Risks for Economic Rewards,” Fuerst Ittleman David & Joseph, PL (May 28, 2009)
  • Guest Speaker, “Successfully Exporting Foods to the United States,” Italian-American Chamber of Commerce (April 29, 2009)
  • Guest Speaker, “Effective Use of U.S.A. as a Gateway to Central and South America,” 8th Annual Hong Kong Trade Development Council World SME Expo (Hong Kong) (December 10, 2008)
  • Guest Speaker, “Exporting to the United States from Abroad,” 2008 Americas Food and Beverage Show (September 25, 2008)
  • Guest Speaker, “Developing a Successful Strategy for Importing Food into the United States: Food Litigation,” Mediterranean Experience 2006, American Congress (September, 2006)
  • Panel Moderator, “Top Experts Convene in Miami to Discuss Business Climate and Democratic Progress in Latin America,” Council of the Americas (March 17, 2005)
  • Guest Speaker, “The Broader Aspects of Complying with the Government’s Expectations: Sarbanes-Oxley, Import-Export Controls,” “Who is Watching the Borders of International Business, What Are They Watching For, What Looks Suspicious, and Why, and Transfer Pricing” (February 13, 2005)
  • Panel Moderator and Featured Speaker, “Compliance and Self-Governance,” AAEI 83rd Annual Conference and Exhibition, American Association of Exporters and Importers, (May 22-24, 2004)

Anti-Money Laundering

  • Featured Speaker, “Collaborative Approaches to Universal Challenges,” Second Annual International Money Transmitters Convention (November 15-16, 2007) (with Andrew S. Ittleman)
  • Guest Speaker, “The Broader Aspects of Compliance after September 11th and Enron,” (March 7, 2004)

Publications: News and Events

  • Mitchell S. Fuerst was quoted in the Corporate Counsel, FCPA Lessons From Smith & Wesson Misfires, August 05, 2014
  • Mitchell S. Fuerst, guest speaker in Hong Kong at The 8th HKTDC World SME Expo held on December 10. The Seminar entitled “Effective Use of U.S.A. as a Gateway to Central and South America” covers important legal aspects involved in international business transactions between China and Latin America utilizing Florida and Miami as a legal and logistics platform.
  • Panelist – National Money Transmitters Association Program on Regulation of Money Transmitting – November 2007
  • Quoted in Food Chemical News on Import Alert 16-131 and Laboratory Practices on Food Imports – November 2007
  • Moderator – BioFlorida on Regulatory Aspects of Food and Drug Practice – October 2007
  • Speaker – American Conference Institute – Food Regulation and Litigation – September 2006

Tax Law

  • Co-authored, Bitcoin Taxation: Understanding IRS Notice 2014-21,” Bitcoin Magazine, April 4, 2014
    • Co-authored, Marijuana Taxation Update: IRC § 280E — An Albatross For the Marijuana Industry,” Law360.com, March 19, 2014
    • Quoted in “Madoff clients should refile tax returns ASAP, attorney says ,” Dayton Daily News, (December 19, 2008)
    • Co-Authored “Foreign Bank Accounts and the IRS – Failure to File an FBAR Will Incur Heavy Penalties,” Business Leader Magazine, (August 2008)
    • Quoted in “Bad Financial Advice Behind Wesley Snipes” Tax Woes, Lawyer Argues,” Fox News Report, (January 16, 2008)
    • Quoted in “Make the IRS Share Your Pain”, Forbes Magazine, (June 7, 2004)
    • Co-Authored “Tax Procedures and I.R.S. Controversies,” Lecture Outlines and Program, FICPA (1990)
    • Authored “Procedure and Administrative Contracts of Florida Sales Taxes,” Dade County Division, FICPA (1987)
    • Authored “Partnership Level Tax Audits and The Tax Matters Partner,” Lecture Outlines and Program, The Florida Bar (1984)

    Food and Drug Law

    • Co-authored, “Chapter XII – FDA Enforcement Actions: Potential Consequences of Non-Compliance” in FDLI Primer FDA’s Regulation of Veterinary Drug Products, (2013)
    • Co-authored, “Medical Device Dispute Resolution: Administrative and Judicial Options,” South Florida Legal Guide, (December 2011)
    • Inside the Minds: Recent Developments in Food and Drug Law: Leading Lawyers on Dealing with Increased Enforcement, Keeping Up-to-Date with FDA Requirements, and Developing Compliance Practices, 2013 Edition: “The FDA’s Regulation of Autologous Stem Cell Therapies”
    • Co-Authored, “Does the FDA have regulatory authority over adult autologous stem cell therapies? 21 CFR 1271 and the emperor’s new clothes.” Journal of Translational Medicine 2012, Michael Freeman and Mitchell S. Fuerst
    • Co-authored, “Is cosmetic platelet-rich plasma a drug to be regulated by the Food and Drug Administration?” Journal of Cosmetic Dermatology (September 2011)
    • Quoted and Featured in Jim Prevor’s Perishable Pundit in an online article entitled “What to Expect from the New Food Safety Modernization Act”, published December 24, 2010
    • Quoted and Featured in “J&J Could Face Further Regulatory Action if Intent Of GMP Violation Proven,” Pharmawire (August 24, 2010)
    • Co-Authored, Inside the Minds: Working with Government Agencies in Food and Drug Law : Leading Lawyers on Building Relationships with Government Agencies, Representing Clients in Enforcement Proceedings, and Understanding the Impact of Recent Political Controversies, Aspatore Books (Thompson Reuters), (May 2009)
    • Co-Authored, “Is FDA Approval and Compliance Enough? Heparin and the FDA Globalization Act of 2008,” Pharmaceutical Commerce (September 2008)
    • Quoted in Jim Prevor’s Perishable Pundit, “Special Edition IV: Salmonella/Tomato Crisis Creates Collateral Damage,” (June 12, 2008)
    • Quoted and Featured in Jim Prevor’s Perishable Pundit, “Fix Suggested For FDA’s Vigilante System of Banning Product Through Import Alerts,” (April 16, 2008)
    • Quoted and Featured in “Chinese Seafood Exporter Sues FDA over Import Restrictions,” Food Chemical News (December 3, 2007)
    • Quoted in “Wave of ‘Brazilian’ Diet Pills Puts Consumers at Risk,” NewsInferno.com (January 3, 2006)
    • Quoted and featured in Health Care: FDA trials and tribulations. Silicon Valley/ San Jose Business Journal (January 7, 2011) by Lisa Sibley which can be found at
    • http://www.bizjournals.com/sanjose/print-edition/2011/01/07/health-care-fda-trials-and-tribulations.html
    • Anti-Money Laundering
        Quoted in “Gold Rush: Online Payment Systems Like E-Gold Ltd. Are Becoming the Currency of Choice for Cyber Crooks,” BusinessWeek Online (January 9, 2006)