Criminal Law, Commercial Law & Contracts, Communications & Media Law

DOJ Files First Criminal Action On CFPB Referral, CFPB Files Parallel Civil Suit

by BuckleySandler LLP on 5/17/2013

On May 7, the U.S. Attorney for the Southern District of New York announced mail and wire fraud charges against a debt settlement firm, its owner, and three of its employees. ...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

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

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

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

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

Second Circuit Rules That Certain Speech Regarding the Off-Label Use of Drugs Is Protected Under the U.S. Constitution

by Stuart M. Gerson, David C. Gibbons, Wendy C. Goldstein, Daniel G. Gottlieb, Benjamin S. Martin, Natasha F. Thoren | Epstein Becker & Green, P.C. on 12/13/2012

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

Short Wins - Off-Label Drug Use And the First Amendment In The Second Circuit; Machine Guns And Grenades In The Eighth Circuit

by The Kaiser Law Firm PLLC on 12/12/2012

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

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

by S. Jeanine Conley | BakerHostetler on 12/11/2012

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

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

by Demme Doufekias, Adam S. Hoffinger, Robert A. Salerno | Morrison & Foerster LLP on 12/6/2012

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

Off Label Marketing – First Amendment Challenge Ruling

by Ellyn L. Sternfield | Mintz Levin - Health Law on 12/6/2012

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

Second Circuit Rules Off-Label Prosecution Violates First Amendment

by Michael Volkov on 12/6/2012

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

Second Circuit Vacates Conviction Against Sales Representative for Off-Label Promotion

by Ara Beth Gershengorn | Foley Hoag LLP on 12/5/2012

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

SC Business Law Blog- This Ain't Backup (And Maybe Not Storage, Either): SC Supreme Court Considers the Stored Communications Act

by Ellis, Lawhorne & Sims, P.A. on 10/15/2012

The South Carolina Supreme Court recently had occasion to consider the application of the federal Stored Communications Act. Three of the five Justices on the Court issued opinions in the case, underscoring the difficulties...more

Criminal Competition Law Developments in 2011

by Osler, Hoskin & Harcourt LLP on 1/11/2012

The enforcement of sanctions against antitrust cartels remained at the forefront of both Canada’s Competition Bureau and global antitrust regulators in 2011. While there continue to be only a small number of multinational...more

Murphy – 2, Football Association Premier League – 2

by Reed Smith on 10/13/2011

On 4 October 2011 the Court of Justice (the "CoJ") handed down its much awaited judgment on questions referred to it from the English High Court. The questions related to two joined cases, including Ms. Murphy's well...more

Media Update

by Quinn Emanuel Urquhart & Sullivan, LLP on 8/23/2011

Poker Pro Files Suit in Wake of Online Poker Crackdown: In April 2011, in connection with a criminal indictment, federal prosecutors filed a civil complaint against the three online poker companies — Poker Stars, Full Tilt...more

Corporatize Corruption

by Monica Lakhanpal on 8/11/2011

Corporatize Corruption: Its a win win situation for all concerned, our government stands to gain by way of taxes from the government officials which opens up the largest segment for earning tax, the officials stand to gain by...more

Ifrah Law’s Blog Wrap-Up, June 1-20

by Jeff Ifrah on 6/30/2011

This is the sixth of a regular series of posts that summarize and wrap up our latest thoughts that have appeared recently on Ifrah Law’s blogs. 1. Perjury, Obstruction and Barry Bonds’ Conviction Read why we regard the...more

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

by Sanford Millar on 5/2/2011

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

Would You Like a Side of Fraud with That? What Your Organization Should Learn from the McDonald’s (and Walgreens) Breaches

by Poyner Spruill LLP on 12/21/2010

Last week McDonald’s Corp. and Walgreen Co. notified customers that their personal information had been compromised by hackers. The hackers appear to have targeted an email provider subcontracted to a marketing firm used by...more

Legal Aspects & LAW of Software Piracy in India

by Prashant Mali on 9/28/2010

This article talks about Software Piracy related laws in India apart from copyright protection act this article also talks about provisions of Information Technology (amendment) Act,2008-ITA 2008, the cyber law of India...more

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