Commercial Law & Contracts, Criminal Law, Science, Computers & Technology

The Drugstore Cowboy And Compliance

by Thomas Fox on 5/20/2013

One does not have to look very far in the business world to come across the phrase “Know Your Customer.” A company certainly needs to know if an entity that it may sell products or provide services to will pay for those...more

Financial Crimes Enforcement Network Issues Guidance on Virtual Currency

by Elsa Broeker, JiJi Park, Amy L. Pierce, Deborah Thoren-Peden | Pillsbury Winthrop Shaw Pittman LLP on 5/16/2013

FinCEN recently issued interpretive guidance to clarify that it views certain activities involving convertible virtual currencies as money transmission services under the Bank Secrecy Act and FinCEN regulations. If your...more

Insurance Coverage for Cyber Attacks

by Roberta Anderson | K&L Gates LLP on 5/8/2013

There’s no denying that the present-day Internet, while extraordinary, is increasingly scary. Cyber attacks of various types continue to escalate across the globe. As stated by one recent commentator: “Cybercrime is raging...more

Global Connection - May 2013: Counterfeit Electronic Components in the Supply Chain—Avoiding and Coping with U.S. Customs...

by Richard Katz | Snell & Wilmer L.L.P. on 5/6/2013

On May 21, 2012, the Senate Armed Services Committee issued a report of its inquiry into counterfeit parts in the Department of Defense Supply Chain. The Committee’s report stated that the problem of counterfeit electronic...more

Preventing Corruption While Protecting Personal Information

by Suhna Pierce, Ruti Smithline, Marian Waldmann | Morrison & Foerster LLP on 5/6/2013

Multinational businesses are subject to a patchwork of laws of the various jurisdictions in which they operate. Complying with the myriad rules and regulations can be challenging. Compliance obligations vary from one country...more

Let the Games Begin: Legal Online Poker Starts Up in Nevada

by Jeff Ifrah on 5/2/2013

April 30 was an historic day for online poker players in the United States. Just a bit more than two years after the indictment and civil cases that were termed “Black Friday” shut down the industry, Ultimate Poker became the...more

Congress Drafts Compounding Legislation -- Defines Compounded Drugs as "New Drugs" Under the FFDCA and Creates Bright Line Between...

by Elinor Hart, Rachael G. Pontikes | Duane Morris LLP on 4/30/2013

In the wake of the New England Compounding Center meningitis outbreak, the federal government has actively pushed for greater legislative oversight over compounding pharmacies. On April 26, 2013, the U.S. Senate Committee on...more

Minefield for the Unwary: Cautiously Optimistic Outlook on Online Gaming Expansion in the United States

by Harsh Parikh, Heidi McNeil Staudenmaier | Snell & Wilmer L.L.P. on 4/19/2013

Gaming operations in the United States have traditionally been supply-side driven. Sheldon Andelson, CEO and Chairman of Las Vegas Sands Corp., recently analogized the industry to the movie Field of Dreams: If you build it,...more

DOJ Unseals Indictment Against Online Sports Wagering Operators and Affiliates

by Dan W. Goldfine, Harsh Parikh, Heidi McNeil Staudenmaier | Snell & Wilmer L.L.P. on 4/12/2013

On April 10, 2013, the United States Department of Justice (DOJ) unsealed an indictment against 34 individuals and 23 companies for their involvement with online sports wagers. According to the indictment, Legendz Sports,...more

The First Amendment and Off-Label Promotion: United States v. Caronia

by Quinn Emanuel Urquhart & Sullivan, LLP on 4/11/2013

For years, the U.S. Department of Justice has aggressively pursued and brought charges over “off-label promotions”—the promotion of drugs for uses that have not received FDA approval—by pharmaceutical manufacturers and their...more

Focus on Health Care Firms in FCPA Investigations

by Doreen Edelman | Baker, Donelson, Bearman, Caldwell &... on 4/10/2013

I am seeing a lot of interest from health care clients regarding the Foreign Corrupt Practices Act (FCPA). I usually stay away from this topic because so many others cover it in detail. However, I want to point out that in...more

McNulty’s Maxim No. 3 and Response to Allegations of Bribery

by Thomas Fox on 3/26/2013

In a Wall Street Journal (WSJ) article by Chris Matthews, Joe Palazzolo and Shira Ovide, entitled “U.S. Probes Microsoft Bribery Allegations”, they reported that the Department of Justice (DOJ) and Securities and Exchange...more

Court Upholds Executive’s Conviction Stemming from Off-Label Drug Promotion

by Christopher R. Hall, Gregory G. Schwab | Saul Ewing LLP on 3/25/2013

The U.S. Court of Appeals for the Ninth Circuit has upheld the wire fraud and misbranding convictions and sentence of InterMune Inc. founder W. Scott Harkonen. United States v. Harkonen, No. 11-10209 (9th Cir. March 4, 2013)....more

Treasury Department: Bitcoin Dealers Are Regulated Under Money-Laundering Laws

by Jeff Ifrah on 3/20/2013

Timothy Lee at Forbes magazine has reported today that the Financial Crimes Enforcement Network (FinCEN), a branch of the Treasury Department, has issued new guidelines on the legal status of Bitcoin under U.S. money...more

Casinos Go Virtual

by Peter Hahn | Pillsbury Social Media, Entertainment &... on 3/12/2013

In late February 2013 the New Jersey Legislature passed legislation allowing on-line wagering, subject to certain limitations. This legislation was signed into law by Governor Chris Christie. Under the new law, licensed...more

Ninth Circuit Off-Label Marketing Decision Suggests More Prosecutions Will Be Coming

by David Douglass | Sheppard Mullin Richter & Hampton LLP on 3/8/2013

The Ninth Circuit has reopened a door for off-label marketing prosecutions, and it is important to review your compliance and risk management programs in light of this recent decision. Last December, the pharmaceutical and...more

The Storm Has Arrived: Cybersecurity, Risks And Response

by Michael Volkov on 2/25/2013

Every day the headlines report another Fortune 500 company suffering a hacking incident. For companies, the hack itself creates substantial risks of economic devastation caused by the theft of valuable trade secrets. Add to...more

The Rising Threat Of Trade Secrets Theft

by Michael Volkov on 2/20/2013

One of the drawbacks of a global economy is the rise in trade secret theft. In the absence of a seamless global enforcement infrastructure foreign actors have had little fear of being caught and suffering any consequences. ...more

Software Developer Accused Of Aiding And Abetting Illegal Gambling

by Andrew Grant, Jordan Green, Kirk Soderquist | Perkins Coie on 1/25/2013

On January 8, 2013, the Supreme Court of the State of New York conducted a hearing in a criminal case that may cause concern among software developers whose software could be used for illegal activities. ...more

Criminal Antitrust Update - January 2013

by Andrew Friedman | Patton Boggs LLP on 1/21/2013

In This Issue: - INDUSTRY SCORECARD - Technology: An executive of AU Optronics Corp. (“AUO”) was convicted of price-fixing in the LCD flat screen markets in a re-trial. Steven Leung was involved in the sale of LCD...more

App Law & Privacy

by Field Law on 1/17/2013

Several recent stories have highlighted the concerns over personal information, privacy and the reach of mobile apps. Once again, the law is labouring to keep up with technology....more

Are the Feds Enlisting FedEx to Police the Illegal Pharma Market?

by Jeff Ifrah on 1/4/2013

The government may be coming up with a new cost-effective measure to help balance the federal budget – enlisting private companies to do their policing. A 2011 settlement between the Justice Department and Google for $500...more

Telling People They Can Use A Drug In A Way Different Than How The FDA Says They Can Use A Drug Is Not A Crime, Says the Second...

by Matthew G. Kaiser | The Kaiser Law Firm PLLC on 1/3/2013

Alfred Caronia was a sales rep for a pharmaceutical company. And, despite what you might think by reading some of the literature, being a pharmaceutical sales rep is not a crime. It's even more emphatically not a crime after...more

Second Circuit Vacates Off-Label Promotion Conviction on First Amendment Grounds in U.S. v. Caronia

by King & Spalding on 12/22/2012

On December 3, 2012, a panel of three judges on the U.S. Court of Appeals for the Second Circuit overturned the November 2009 conviction of Alfred Caronia for conspiracy to introduce a misbranded drug into interstate commerce...more

Off-Label Marketing Questioned as a Viable Criminal Theory – But Stay Tuned

by Jeffrey L. Bornstein, Michael R. Gordon, Leanne E. Hartmann, Michael H. Hinckle, Steven M. Kowal, Megan C. Lambert, Suzan Onel, Michael D. Ricciuti, Mark A. Rush, Paul W. Shaw | K&L Gates LLP on 12/17/2012

On December 3, 2012, a divided Second Circuit held in United States v. Caronia (“Caronia”) that the misbranding provisions of the Federal Food, Drug, and Cosmetic Act (“FDCA”) do not criminalize “the truthful off-label...more

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