Criminal Law, Communications & Media Law

Can the Government Search Your iPad or iPhone at the Border?

by Christopher Hopkins on 5/17/2013

Can the United States search your laptop, camera, iPhone/iPad, or other devices at the border? Read this article on the Fourth Amendment rights and exceptions....more

California Moves One Step Closer to Passing Privacy Bill Requiring a Search Warrant for Providers' Customers' Emails

by Amy L. Pierce | Pillsbury Social Media, Entertainment &... on 5/17/2013

In a 33-1 vote, on May 13, the state Senate approved Senator Mark Leno's bill that would require state law enforcement officials to obtain a search warrant before asking service providers to disclose the contents of their...more

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

Context, Content And Privacy In Warrantless Searches Of Cell Phone And Cameras

by Tim Banks | Dentons on 4/25/2013

Context and content matters to the assessment of reasonable expectations of privacy in criminal law matters. Recently, in R. v. B. (C.), 2013 CarswellOnt 3851 (SCJ), P. Smith J. considered the constitutionality of a...more

Jackson Walker's VIA Media Postcard - April 2013

by Steve Fogel, Robert (Bob) P. Latham | Jackson Walker on 4/19/2013

In This Issue: - Steve Fogle's Feature: Out of the Blue - A recent unexpected court order restricting the media from reporting on certain details of a high-profile criminal case serves as a reminder that the...more

Anti-counterfeiting strategies in the United States

by Lynda Zadra-Symes | Knobbe Martens Olson & Bear LLP on 4/19/2013

Counterfeiting is a critical problem for trademark and copyright owners (‘IP owners’) affecting all industries, from pharmaceuticals and medical devices to electrical and auto products, toys and fashion items. To effectively...more

Man Gets Caught Through Facebook Post

by Lanier Law Group, P.A. on 4/15/2013

An Oregon man learned that the best way to get caught committing a crime is to talk about it on Facebook. On New Year's Day police showed up at his door after they were alerted to a Facebook post he wrote about driving drunk....more

Cyber Crimes – When LOL Leads to OMG

by Law Offices of Adrian H. Altshuler &... on 4/12/2013

As much as we may hate to admit it, many of us have an Internet addiction. Whether through Facebook, Twitter, MySpace, or LinkedIn, there are endless ways to stay in contact with others, share our thoughts and ideas, and find...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

Corrections Officer Posts Gory Injury Pic on Facebook

by Lanier Law Group, P.A. on 4/10/2013

A correction officer at Rikers Island snapped a photo of a nasty wound which resulted from a random attack in the visitors’ center and shared it on Facebook with the caption of "The Things That Happens On The Island Shhh"....more

BB&K Police Chief Bulletin: Distracted Driving - Looking at Map on Cell Phone While Driving Violates “Hands-Free” Law

by Paul A. Cappitelli, G. Ross Trindle III | Best Best & Krieger LLP on 4/9/2013

Overview: The Appellate Division of the Fresno County Superior Court recently held that using a cell phone solely for its map function violated the Vehicle Code. Section 23123(a) prohibits driving while “using” a cell phone...more

Internet Privacy Laws Under Debate

by Audet & Partners, LLP on 4/4/2013

The explosive pace of new technology has enabled people to connect and communicate in ways never before possible. Lawmakers and Internet advocates must now tango with each other in a scramble to keep up with the technology...more

Levick Weekly - March 29, 2013: 6 Ways To Survive The U.S. Congress

by Peter LaMotte, Richard S. Levick, John Lovallo, Kathleen Wailes | LEVICK on 4/1/2013

In This Issue: - Financial Regulators Compete; JPMorgan Loses - Six Ways to Survive the U.S. Congress - How to Protect Your Brand from a Twitter Hacking - Blogs Worth Following - LEVICK In the News -...more

Supreme Court Rules Text Messages are Private Communications

by Lisa K. Abe-Oldenburg | Bennett Jones LLP on 3/28/2013

The Supreme Court of Canada in R v. Telus has ruled that text messaging is essentially another form of conversation and should receive the same protection to which private communications are entitled under the Criminal Code....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

Employment Law Newsletter - March 2013

by Arianna Gleckel | Bean, Kinney & Korman, PC on 3/20/2013

In This Issue: - Government Contractor Alert: Criminal Convictions and Employment Decisions Don’t Mix - New Rulings on Social Media Policies May Impact Your Company’s Policy - Meet Our Attorneys - William F....more

Pilfered Funds & The FCC’s Online Political Public File Rule: The Law Of Unintended Consequences

by Jim Kahl, Gregg Skall | Womble Carlyle Sandridge & Rice, PLLC on 3/15/2013

In recent months, a number of media buyers have had funds stolen from their bank accounts. Even after repeatedly opening and closing accounts to stop the theft, tens of thousands of dollars have been diverted to accounts...more

Two New Developments in First Amendment Challenges to Off-Label Promotion: What's Next?

by King & Spalding on 3/14/2013

Following the Second Circuit’s marquee First Amendment ruling in the Caronia case, two recent developments demonstrate a shift in the battleground for First Amendment challenges to the prohibition on off-label promotion under...more

Appeals Court Rejects Drug Company Executive’s First Amendment Defense and Upholds Wire Fraud Conviction

by King & Spalding on 3/14/2013

A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, in a recent unpublished opinion, upheld the conviction and sentencing of former InterMune, Inc. executive Scott Harkonen for wire fraud. In 2009, a jury...more

Ninth Circuit Affirms Prosecution for Off-label Marketing

by Lane Powell PC - White Collar Criminal... on 3/13/2013

Over the past two years, courts began to recognize that at least some off-label marketing is protected lawful commercial speech under the First Amendment. Specifically, the Second Circuit in New York in a case called United...more

Ninth Circuit Affirms Conviction in Harkonen, Rejects the Defendant’s “Off-Label” First Amendment Challenge

by Vernon Francis, Thomas Lee | Dechert LLP on 3/13/2013

On March 4, 2013, a panel of the United States Court of Appeals for the Ninth Circuit issued its opinion in United States v. Harkonen,1 a case in which the CEO of a pharmaceutical company was prosecuted for transmitting...more

Recent Developments In Information Technology Law - First Quarter 2013

by David Syrowik | Brooks Kushman P.C. on 3/12/2013

Table of Contents: *I. U.S. Supreme Court - A. Trademarks *II. U.S. Courts of Appeal - A. Patents - B. Copyrights - C. Copyrights/Criminal - D. Trademarks - E. Trademarks/Unfair...more

Defrauding Facebook: How One Man Almost Stole The World’s Largest Social Network

by The Law Offices of Tacopina Seigel and... on 3/11/2013

In October 2012 Paul Ceglia of New York was arrested on charges he forged documents in a multibillion-dollar scheme to defraud Facebook and its chief executive Mark Zuckerberg. Mr. Ceglia had brought a much publicized lawsuit...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

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Criminal Law › Communications & Media Law