Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:
S&C's Cohen: Brown-Vitter Punishes Banks For Being Big
Cohen: Cyprus Is Not A Template For Future Restructurings
D.C. Court Wreaks Havoc on NLRB Pro-Worker Cases
Can You Patent Human Genes? ACLU Says No
Konczal: Dodd-Frank Reforms Get Roughed Up in Court
Journalist Who Changed How SCOTUS Is Covered
Analysis of Oral Arguments in the Two Same-Sex Marriage Cases Before the Supreme Court
Weekly Brief: $350K in Wine Leads to $14M Lawsuit
Viewer's Guide to Gay Marriage Oral Arguments
Why Did Godzilla & James Bond Need Congress' Protection?
Justices Kagan & Sotomayor Do 180s On Video At High Court
With Probable Cause and Drug-Sniffing Dogs, Supreme Court Would Rather Keep Things Fluid
Hot Trends in Federal Enforcement on the Web in 2013 from Ifrah Law Partners
N.Y. Anti-Terror Law Diminishes Pursuit of Terrorism: Lawyer
Newsbreak: Your Rights
Newsbreak: Sexual Predators on Facebook and More
Weekly Brief: DOJ Memo Details Justification For Killing US Citizens
What Next for the NLRB?
Corporate Law Report: Managing Cyber Risks, BYOD, Obama's NLRB Crisis, Iran Sanctions, and More
Former Solicitor General Ted Olson Discusses 2013's Biggest Supreme Court Case—His.
Arizona's restaurant scene is buzzing these days with last Friday's season finale of "Kitchen Nightmares". Just Google "Amy's Baking Company" and a proliferation of stories about the featured business appears, including a...more
The FDA announced that it is conducting an investigation into the use of caffeine in foods and beverages. Since the FDA’s announcement, the energy drink industry has continued to receive significant media attention. On May 6,...more
Our preview of the oral arguments at the Illinois Supreme Court during the May term concludes with Performance Marketing Association, Inc. v. Hamer. PMA will be heard by the Court during the 9:00 a.m. session on Thursday, May...more
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
The 4th Circuit Court of Appeals had the opportunity to consider constitutional standing requirements in two very similar cases. The opinions offer some insight into the application of the Lujan test....more
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
A federal judge in the Northern District of California recently added to the growing list of cases rejecting attempts to recover damages resulting from data breaches. In In re LinkedIn User Privacy Litigation, Case no....more
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
Here at Law Law Land, there are a few pearls of wisdom we like to repeat — perhaps to a fault — just because they are so helpful and right. Copyright law doesn’t protect ideas, only the expressions of ideas. Being legally...more
In January, we told you about recent activity by the National Labor Relations Board that overturned or departed from settled precedent. As promised, in Part 2 of this Alert series we summarize recent decisions where the...more
Now that 2013 has arrived, we look forward to a new year of media cases. However, in order to orient ourselves for 2013, it is important to stop and take a look back at some of the relevant entertainment and media cases of...more
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
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
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
In a long-awaited decision, on December 3, 2012, a divided panel (2–1) of the U.S. Court of Appeals for the Second Circuit vacated the conviction of Alfred Caronia, a former pharmaceutical sales representative for Jazz...more
It's an odd week for wins in the federal appellate courts.
The Second Circuit ruled that the First Amendment protects (some kinds of) promotional activity for off-label use of drugs. Any time the First Amendment is...more
In the recent UK case of Smith v. Trafford, the Claimant was awarded just £98 (approx. $150) by the English High Court for a successful breach of contract claim against his housing trust employer (the “Trust”)....more
In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we examine why social media marketing strategies should be concerned with clearing more than just copyrights; we revisit...more
The U.S. Court of Appeals for the 2nd Circuit upheld a First Amendment challenge to the federal prosecution of pharmaceutical salesperson Alfred Caronia for off-label marketing, http://www.ca2.uscourts.gov/decisions. Given...more
The US Court of Appeals for the Second Circuit, in a decision issued on December 3, 2012, in United States v. Caronia, threw out a criminal conviction of the defendant Alfred Caronia, a pharmaceutical sales person, for an...more
The Second Circuit, New York’s federal court of appeals, this week issued its long-awaited decision in United States v. Caronia and vacated the conviction of a pharmaceutical sales representative for off-label promotion. In a...more
In This Issue:
FTC, CFPB Target Mortgage Ads; FTC Working on Data Collection "Nutrition Label"; Suit Filed Over "Giant Soda" Ban; Red Light: Hyundai, Kia Face Suits Over Fuel Estimates; Does California's Credit Card Law...more
The intersection of domain names and the First Amendment is not new. Indeed, in the early days of the domain name system, courts considered the issue of whether a domain name registrar could prohibit the registration of...more
Today the High Court of Australia has handed down its judgment on the challenge to the Federal Government's Tobacco Plain Packaging legislation.
The High Court has upheld the Plain Packaging Legislation.
In This Issue:
- Stacy Allen Speaks:
In Neely et al. v. Wilson et al., the Texas Supreme Court will decide the fate of the third-party allegation rule -- a decision that could have a substantial impact on newsrooms...more
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