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New Michigan Law Prohibits Employers From Asking Applicants And Employees For Access To Personal Internet Accounts

The apparent practice by employers of requesting access to employees’ and applicants’ social media accounts, such as Facebook and Twitter, has led the state of Michigan to pass the Internet Privacy Protection Act (PA 478 of...more

Michigan's New "Internet Privacy Protection Act" Sets Limitations for Employers and Employees

On December 28, 2012, Michigan joined California,1 Illinois,2 and Maryland3 in enacting a social media password protection law when Governor Rick Snyder signed the "Internet Privacy Protection Act" (IPPA or the "Act"). In an...more

Michigan -- The Latest State to Ban Employers From Accessing Password Protected Social Media Accounts

On Friday, December 28, 2012, Michigan became the fourth state to ban employers from accessing password protected social media accounts....more

Bill Could Put Reins on Prosecutors’ Efforts to Seize Domain Names

Rep. Zoe Lofgren (D-Calif), a senior member of the House Judiciary Committee, has indicated that she is drafting legislation that would seek to increase judicial oversight over prosecutors’ efforts to act against Internet...more

Michigan’s Internet Privacy Protection Act and Its Effect on Educational Institutions

On December 13, 2012, the Michigan Legislature passed House Bill HB 5523, known as the Internet Privacy Protection Act (IPPA), which, if signed by Governor Rick Snyder, will become effective immediately....more

Leveson on Data Protection in the UK: What Do Allegations of Phone Hacking Have to Do With Data Protection?

The much-anticipated Leveson Inquiry on the Culture, Practices and Ethics of the Press (“Leveson Report” or “Report”) was released on November 29, 2012. The inquiry leading to the Report was initiated as a response to ongoing...more

Second Circuit Rules that Pharma Rep's Promotion of Drug for Off-Label Use is Protected Speech

The Second Circuit's December 3, 2012 decision in United States v. Caronia, No. 09-5006-CR, could cause a sea change in the growing number of prosecutions brought by the government to prevent the off-label promotion of drugs...more

Does Misdemeanor Misbranding Survive Caronia?

The Court of Appeals for the Second Circuit sent shockwaves through the pharmaceutical industry with its decision in United States v. Caronia. Alfred Caronia was a pharmaceutical sales representative convicted of a...more

Court’s Ruling about Off-Label Drug Promotion Defies Reason

Last week a federal appeals court made a ruling that chips away at a fundamental aspect of the FDA's gatekeeping function with new drugs. The court tossed a conviction of a drug sales representative who was promoting drugs...more

Second Circuit Holds that Criminal Penalties for Pharmaceutical Sales Representative’s Off-Label Promotion Violate the First...

On December 3, 2012, the United States Court of Appeals for the Second Circuit issued an opinion that stands to transform the regulatory landscape in which pharmaceutical and medical device companies operate. In recent...more

Second Circuit Holds Food, Drug and Cosmetic Act Does Not Prohibit Off-Label Promotion

In a significant blow to the U.S. government’s enforcement efforts against the pharmaceutical industry, a panel of the Second Circuit overturned the conviction of a pharmaceutical sales representative for conspiracy to...more

Second Circuit Delivers Blow to Off-Label Promotion Prosecutions in U.S. v. Caronia

In a much-anticipated decision, a federal court of appeals has ruled that the government cannot criminally prosecute pharmaceutical manufacturers and their representatives under the Food, Drug and Cosmetics Act (“FDCA”) for...more

In ‘Bitter Pill,’ FDA Seizes Domain Names of Firms Selling Illegal Pharmaceuticals

In an aggressive step against businesses selling drugs online, the U.S. Food and Drug Administration, in conjunction with the U.S. Department of Homeland Security, took legal action earlier this month against more than 4,100...more

Off-Label Marketing: Fines and Industry Exclusion

It is important to weigh enforcement risks with perspective. The Justice Department’s biggest FCPA enforcement year was approximately $1.4 billion in 2010. The Justice Department doubled that amount in the off-label...more

D.C. Circuit Holds That Former Purdue Pharma Executives Who Pleaded Guilty to Misdemeanor Misbranding May Be Excluded From...

On July 27, 2012, in Friedman et al. v. Sebelius, the United States Court of Appeals for the D.C. Circuit held that the Department of Health & Human Services may exclude from participation in federal health care programs...more

Don’t Bet on Online Gambling; But Online Trivia for Prizes?

The Texas Attorney General issued an opinion yesterday concluding the mere payment of an entry fee to participate in a contest that tests skill or speed, and that does not involve an element of chance, could be found not to...more

What Lawyers Lose When NGO's are Silenced

Who should be outraged by Egypt's recent move to obtain Red Notices against NGO staff members? Out of basic concern for the human condition, all of us. More specifically, and more selfishly, those of us who rely on the...more

CFAA Does Not Apply to Employee Data Theft According to Ninth Circuit

“Computers have become an indispensable part of our daily lives. We use them for work; we use them for play. Sometimes we use them for play at work. Many employers have adopted policies prohibiting the use of work computers...more

Standing Committee Recommends Further State Surveillance Powers

The House of Commons Standing Committee on Justice and Human Rights recently released its report on the “The State of Organized Crime“. Among the noteworthy recommendations of the Standing Committee relating to state...more

The Justice Department’s Slippery Slope — Enforcement Versus Regulation

The Department of Justice is proud of its record on FCPA enforcement. They take credit whenever and wherever they can. They trumpet every settlement. They proudly proclaim that over half of last year’s criminal...more

Bill C-22 – Mandatory Reporting Obligations

Bill C-22 (Mandatory Reporting of Internet Child Pornography by Persons Who Provide an Internet Service) (the “Act”) was passed in March, 2011 and was proclaimed in force as of December 8, 2011. Those caught by the Act now...more

Crackdown on Notarios Continues

Officials from the U.S. Citizenship and Immigration Services (the “USCIS”) announced this month that they are expanding the 2011 pilot program for crackdown on immigration scams that fraudulently promise immigration services...more

Congress Takes Aim at Counterfeit Drugs

Bills were introduced in both the House and the Senate earlier this month to increase the penalties for trafficking in counterfeit drugs. Both versions of the proposed “Counterfeit Drug Penalty Enhancement Act of 2011” (H.R....more

Will Internet Poker Survive, Thrive or Wither following the Black Friday Indictments

In his column in the Los Angeles Times on Sunday, May 1, 2011, Michael Hiltzik touches on some of the issues surrounding the business on internet poker, but there is more to be said. The “demand” for on-line poker has been...more

Ireland Requires Storage of Internet Traffic Data

In one of its last acts in office, the Irish government has finalized legislation that will require ISPs to keep logs of their subscribers’ use of the Web for one year. The information will be available to the police and...more

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