Constitutional Law › Health Law › Privacy

How Broad are Illinois' State Rights to Privacy and Gender Equality?

Our preview of the September term of the Illinois Supreme Court concludes with Hope Clinic for Women v. Adams. Although Hope Clinic arises from a constitutional challenge to Illinois’ Parental Notice of Abortion Act, the...more

Another Attempt to Curb the Sale of Prescription Data Comes Up Empty

Last year, the Supreme Court limited the ability of states to regulate the sale of prescription data.  In Sorrell v. IMS Health, the Supreme Court determined that a 2007 Vermont law that effectively banned the...more

Politicians Decide One Home Safety Question by Doctors Is Off Limits

Do you text while driving? Have a swimming pool at home without a cover? Have a gun in your house? All sensible questions for pediatricians to ask parents and adolescent patients, looking for ways they can help improve...more

Supreme Court Strikes Vermont Data Mining Law and Protects Pharmaceutical Marketing

On June 23, the U.S. Supreme Court issued a 6-3 decision in Sorrell v. IMS Health Inc., declaring a Vermont law designed to prevent data mining unconstitutional. The Vermont Prescription Confidentiality Law at issue...more

Healthcare Legal News - July 27, 2011 • Volume 1, Number 1

In This Issue: - ENFORCEMENT ACTIONS AGAINST MANAGEMENT OF HEALTHCARE PROVIDERS By Ralph Levy, Jr. - HEALTHCARE IT NEWS A PARTIAL MEANINGFUL USE REPRIEVE By Tatiana Melnik - CMS ANNOUNCES CHANGES IN...more

Supreme Court Strikes Down Vermont Prescriber Data-Restriction Law

On June 23, 2011, the United States Supreme Court struck down Vermont’s law restricting the sale, disclosure, and use of pharmacy records that reveal the prescribing patterns of individual physicians. Vermont and other states...more

IL CONSENSO INFORMATO IN PSICHIATRIA

La prassi clinica e psichiatrica non può e non deve discostarsi da quelli che sono i fondamenti legali e disciplinari della relativa competenza specialistica....more

United States Supreme Court Strikes Down Vermont Pharmaceutical “Data Mining” Law

On Thursday, June 23, the United States Supreme Court voted 6-3 to strike down a Vermont statute that sought to impose significant restrictions on pharmaceutical detailing and “data mining” activities. Justice Kennedy’s...more

U.S. Supreme Court Issues Opinion in Sorrell v. IMS Health, Inc., Striking Down Vermont Prescription Confidentiality Law (Vt....

The United States Supreme Court issued its decision in Sorrell v. IMS Health, Inc., et al. on June 23, 2011. The 6-3 decision, authored by Justice Anthony Kennedy, struck down the Vermont Prescription Confidentiality Law (Vt....more

Supreme Court Hints That Vermont’s Prescription Data Laws Violate Free Speech

Several Supreme Court justices strongly suggested recently during oral arguments that Vermont’s attempt to restrict the use of drug prescription records for marketing purposes violates corporate free-speech rights. Vermont’s...more

Sorrell, et al., v. IMS Health Inc., et al.,

Brief of Amici Curiae Electronic Privacy Information Center (EPIC) et cet., In Support Of The Petitioner

EPIC Files Amicus Brief on Risk of "Reidentification," Urges US Supreme Court to Uphold Vermont Privacy Law EPIC has filed an amicus brief in Sorrell v. IMS Health, a case now before the US Supreme Court concerning a state...more

Advertising Law Newsletter - January 31, 2011

In this issue: U.S. Supreme Court to Decide Marketing Consent Law; NAD Weighs In on Toning Shoes; ‘Well-Known’ Robocaller Banned from Telemarketing; FTC Settles False Environmental Certification Claims; and Kellogg Settles...more

NASA v. Nelson

Opinion of the United States Supreme Court

Supreme Court Affirms Right to Informational Privacy, But Says Privacy Act Safeguards Sufficient for NASA Records The Supreme Court has issued a decision in NASA v. Nelson, a case brought by NASA scientists who argued that...more

Electronic Privacy Information Center, et al., v. Janet Napolitano, et al.,

Reply Brief For Petitioners Electronic Privacy Information Center, et al.

EPIC Files Brief in Airport Body Scanner Case EPIC has filed its reply brief in the suit to suspend the Department of Homeland Security's controversial airport body scanner program. The brief argues that "the TSA has acted...more

Electronic Privacy Information Center, et al., v. Janet Napolitano, et al.,

Initial Brief For Respondents

DHS Files Brief in EPIC Airport Body Scanner Case The Department of Homeland Security has filed its answer brief in EPIC's suit to suspend the agency's controversial airport body scanner program. EPIC filed its opening...more

Second Circuit Court of Appeals Finds Vermont Prescriber Data-Restriction Law Unconstitutional

On November 23, 2010, the U.S. Court of Appeals for the Second Circuit dealt a blow to a controversial public policy trend in which states are restricting the use of information about physician prescribing habits in...more

Senate/Congress Judiciary Committee of USA Senate/ Congress Intelligence Committee of USA

Legal Claims in ACLU, CCR, CAIR, ALG, Plaintiffs… v. National Security Agency (NSA)

Subject: CASE SUMMARY: Mental torture, threats, intimidation, sabotage by USA's - NSA of an individual and family wrongfully approached outside of law for forced settlement of criminal charges filed in court....more

Learning from History: What the Public Health Response to Syphilis Teaches Us about HIV/AIDS

This article proposes a new public policy approach to HIV/AIDS modeled after the federal government...more

Federal Judge Dismisses Challenge to Maine Law Restricting Marketing to Minors under 18

On September 9, 2009, a federal judge in Maine agreed with retailers, marketers, and media companies that the recently enacted Maine law "An Act To Prevent Predatory Marketing Practices Against Minors" is likely...more

Wrongful Selection: Assisted Reproductive Technologies, Intentional Diminishment, and the Procreative Right

My article surveys the field of assisted reproductive technologies, and explores the issue of the use of such technologies to intentionally create disabled children. It was published in the Thomas M. Cooley Law Review, 25...more

IMS Health Incorporated, et al., v. Sorrell, et al.

Brief for Amici Curiae Association of National Advertisers, CATO Institute, Coalition for Healthcare Communication, Pacific Legal...

Vermont passed a law prohibiting the exchange of a variety of socially important information. Most notably, the law outlaws the transfer of doctors' prescription history to facilitate drug companies' one-on-one marketing — a...more

Vermont Data Mining Law Under Review By 2nd Circuit Appeals Court

We reported recently that Vermont’s data mining law (i.e. Vermont’s Prescription Confidentiality Law), which is to take effect on July 1, was upheld by the U.S. District Court for the District of Vermont. The law will ban all...more

Health Law Advisory: Federal Court Upholds Vermont Law Restricting the Sale and Use of Prescriber-Identifiable Data

On April 23, 2009, the United States District Court for the District of Vermont dealt another blow to pharmaceutical manufacturers and the data mining companies that sell prescriber-identifiable data to them by upholding a...more

IMS v. Ayotte, A.G., State of NH

Decision

Court Upholds New Hampshire Prescription Privacy Law. Today, the First Circuit Court of Appeals upheld a New Hampshire law that bans the sale of prescriber-identifiable prescription drug data for marketing purposes. In...more

Fenwick Employment Brief

IN THIS ISSUE: *Employers Need Not Accommodate Employees Who Use Medical Marijuana *NEWS BITES: ..Unnecessarily Broad Background Checks Halted As An Invasion Of Privacy ..FMLA Now Covers Leave To Care For Members Of...more