Constitutional Law › Criminal Law › Administrative Law

DOES AUTHORITY EXIST FOR CRIMINAL PROSECUTION FOR VIOLATIONS OF BAIL LICENSING LAWS WITHOUT CERTIFICATION OF CRIMES BY THE...

California attorney Joseph Cavallo was convicted of violating Title 10, CCR section 2071, "recommendation of attorney by bail licensee". The authority to prosecute violations of the bail licensing regulations lies with the...more

Update on INTERPOL's Red Notice for TCI's Michael Misick: Part 2

In the last post, I addressed the latest events in the case of Michael Misick, former Premier of Turks and Caicos Islands (TCI). Today's post is a continuation of that discussion and an update of a related post from earlier...more

LAW AND GOVERNANCE IN THE FACE OF PUBLIC PRESSURE : A perspective in the backdrop of public outrage over the New Delhi gang rape...

LAW AND GOVERNANCE IN THE FACE OF PUBLIC PRESSURE: A perspective in the backdrop of public outrage over the New Delhi gang rape incident The paper examines the possible consequences of an executive under public pressure to...more

Marijuana Officially Legal but States Await Feds’ Reaction

Marijuana stores in Colorado and Washington won’t be open for at least a year, but new laws legalizing the drug Marijuana pipe on its sidetook full effect in both states this month. Washington’s Initiative 502 kicked in on...more

Federal Court Tosses Illinois Concealed Carry Ban

The 7th U.S. Circuit Court of Appeals yesterday threw out an Illinois law banning concealed handguns, which had been the nation’s only blanket law against concealed carry. Lawmakers will have 180 days to rewrite the...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

Ohio Internet Gambling

Gambling, wagering and games of chance are generally prohibited in Ohio by virtue of the state's Constitution of 1851 and its amendments until 2011, but there are certain exceptions set forth in Article 15, section 6. These...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

‘Off-Label’ FDA Cases Can Run Afoul of First Amendment, Appeals Court Holds

A recent decision by the U.S. Court of Appeals for the Second Circuit may significantly curtail enforcement efforts relating to the so-called “off-label” use of drugs approved by the Food and Drug Administration for specific...more

"Second Circuit Vacates Conviction Based on Off-Label Promotion, Deals Blow to Government Theory in Drug Marketing Cases"

In a much-anticipated opinion, the U.S. Court of Appeals for the Second Circuit vacated and remanded the conviction of Alfred Caronia, a former pharmaceutical sales representative convicted of conspiring to introduce a...more

Crown Appeals Tax Court Decision in Guindon – Are Advisor Penalties “Criminal”?

On October 31, 2012, the Crown filed a Notice of Appeal with the Federal Court of Appeal against the judgment of the Tax Court of Canada in Julie Guindon v. The Queen (2012 TCC 287). In that decision, the Tax Court held that...more

State Treasurer and Chairman of the Massachusetts State Lottery Commission Letter to Sen. Reid & Sen Kyl Objecting to Draft...

Below is a complete text-version of the attached -- Mass. Treasurer Steven Grossman's Letter to Sen. Reid and Sen. Kyl objecting to the Draft iGaming Prohibition Bill expected to be dropped during the Lame Duck session of...more

Can Your Boss Tell You Whom To Vote For?

With Nov. 6 drawing closer, the nation waits to see who will win the upcoming presidential election: Barack Obama or Mitt Romney. Debates, campaign commercials and bitter rants on Facebook all compete for people’s attention...more

Internet Gambling Prohibition, Poker Consumer Protection, and Strengthening UIGEA Act of 2012

Reid-Kyl Draft iPoker and iGaming Prohibition Bill Leaked -- "Internet Gambling Prohibition, Poker Consumer Protection, and Strengthening UIGEA Act of 2012" A copy of the Kyl-Reid draft bill on Internet poker enabling...more

Tax Court holds that advisor penalties under section 163.2 of the ITA constitute criminal offences

In what is certain to be the first step in a very important precedent, the Tax Court of Canada held on October 2, 2012 that the advisor penalties created under section 163.2 of the Income Tax Act constitute criminal offences...more

Chafee v. United States and Pleau v. United States

Brief For Amici Curiae The CATO Institute And The Independence Institute in Support Of Petitioners

The Interstate Agreement on Detainers, a compact authorized by federal statute, provides a simple procedure for transferring custody of prisoners between states. Because the federal government annually seeks to prosecute...more

AUDIT OF THE DRUG ENFORCEMENT ADMINISTRATION’S ADOPTIVE SEIZURE PROCESS AND STATUS OF RELATED EQUITABLE SHARING REQUESTS

EXECUTIVE SUMMARY of the OIG Report: During law enforcement operations, state and local law enforcement agencies often seize assets and proceeds from assets linked to criminal activity. The purpose of the seizures...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

Sixth Amendment Requirement That Juries Find Facts Necessary to Impose Fines Above Statutory Maximum Raises New Questions for...

On June 21, 2012, the United States Supreme Court ruled that under the Sixth Amendment, before a criminal fine can be imposed for multiple days of violations of the Resource Conservation and Recovery Act, a jury, not the...more

When Courts Exercise Interest of Justice Jurisdiction

As Justice Felix Frankfurter aptly observed, "Wisdom too often never comes, and so one ought not to reject it merely because it comes late." With certain limited exceptions, however, issues raised for the first time on appeal...more

Oppressive Arizona Immigration Law Struck Down by Supreme Court

The Supreme Court today overturned most of a controversial Arizona immigration law, but left in place a provision that allows local and state police to check a person’s immigration papers while making a stop or arrest for...more

Gun-Toting Michigan Teen’s Arrest Angers Gun Rights Advocates

What does it mean to “brandish” a firearm? A Michigan jury will have to answer that question in next month’s trial of 18-year-old Sean Combs, who was arrested in April after being stopped by police while carrying a loaded M-1...more

Occupy Phoenix Protesters Exonerated

A group of Occupy Wall Street protesters who were arrested and accused of forcing cops to spend thousands of dollars on unnecessary overtime has been at least partially vindicated. Of 47 protesters who were arrested...more