Criminal Law, Science, Computers & Technology, Communications & Media Law

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

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

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

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

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

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

How to Protect Your Company From Hackers [Video]

by Bloomberg Law on 3/8/2013

March 8 (Bloomberg Law) -- With reports of corporate espionage and hacking on the rise, the US government and private companies need to take steps to prevent the loss of trade secrets and threats to national security says...more

Domain Name Seizure – It’s Not Just a U.S. Law Enforcement Tactic

by Jeff Ifrah on 2/13/2013

We have previously reported in this space about the use of domain name seizures by American law enforcement. Recent media reports show that domain name seizure has become the go-to tactic for law enforcement for other...more

A Charter Right to Search Google?

by Martin P.J. Kratz Q.C. | Bennett Jones LLP on 2/13/2013

The Internet has transformed society in so many ways. Even the ways we find information and the sources we rely upon have been fundamentally transformed. It appears our legal systems need to adapt to this new...more

Second Circuit Vacates Pharmaceutical Misbranding Conviction on Free Speech Grounds

by John L. Brownlee, William F. Gould, Timothy J. Taylor | Holland & Knight LLP on 2/1/2013

After two years of deliberation, the U.S. Second Circuit Court of Appeals has finally issued its decision in United States v. Caronia, holding that the government cannot prosecute pharmaceutical manufacturers or their...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

Second Circuit Declares Off-Label Promotion Ban Unconstitutional: Implications for False Claims Act Defendants

by Aileen Mcgill | Patterson Belknap Webb & Tyler LLP on 1/17/2013

On December 3, 2012, the United States Court of Appeals for the Second Circuit held that the First Amendment protects pharmaceutical companies who truthfully promote the lawful, off-label use of prescription drugs from...more

Bitcoins: Online Currency’s Uncharted Frontier

by Jeff Ifrah on 1/16/2013

Bitcoin – it sounds like a token you might use to play skeeball at a beachside arcade. It is actually a relatively new, virtual online “currency” being used for payments across the Internet. While some observers have noted...more

Will Australia Ban Non-Real Money Gambling Apps?

by James G. Gatto | Pillsbury Social Media, Entertainment &... on 1/15/2013

As real money online gambling remains bogged down in the legislative and regulatory morass, social gaming applications have been on a tear. As we have previously reported, major players are leveraging social gaming...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

Bill Could Put Reins on Prosecutors’ Efforts to Seize Domain Names

by Jeff Ifrah on 12/28/2012

Rep. Zoe Lofgren (D-Calif), a senior member of the House Judiciary Committee, has indicated that she is drafting legislation that would seek to increase judicial oversight over prosecutors’ efforts to act against Internet...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

California SB 51 (Wright) relating to Internet gambling, making an appropriation therefor, and declaring the urgency thereof, to...

by Ian Imrich on 12/19/2012

COMPLETE BILL HISTORY BILL NUMBER : S.B. No. 51 AUTHOR : Wright TOPIC : Internet gambling. TYPE OF BILL : Active Urgency Appropriations 2/3 Vote...more

Leveson on Data Protection in the UK: What Do Allegations of Phone Hacking Have to Do With Data Protection?

by Maryanne Stanganelli | BakerHostetler on 12/18/2012

The much-anticipated Leveson Inquiry on the Culture, Practices and Ethics of the Press (“Leveson Report” or “Report”) was released on November 29, 2012. The inquiry leading to the Report was initiated as a response to ongoing...more

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Criminal Law › Science, Computers & Technology › Communications & Media Law

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

Cyber Crimes – When LOL Leads to OMG

DOJ Unseals Indictment Against Online Sports Wagering Operators and Affiliates

The First Amendment and Off-Label Promotion: United States v. Caronia

Internet Privacy Laws Under Debate

Court Upholds Executive’s Conviction Stemming from Off-Label Drug Promotion

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

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

Ninth Circuit Affirms Prosecution for Off-label Marketing

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

Recent Developments In Information Technology Law - First Quarter 2013

Ninth Circuit Off-Label Marketing Decision Suggests More Prosecutions Will Be Coming

How to Protect Your Company From Hackers [Video]

Domain Name Seizure – It’s Not Just a U.S. Law Enforcement Tactic

A Charter Right to Search Google?

Second Circuit Vacates Pharmaceutical Misbranding Conviction on Free Speech Grounds

App Law & Privacy

Second Circuit Declares Off-Label Promotion Ban Unconstitutional: Implications for False Claims Act Defendants

Bitcoins: Online Currency’s Uncharted Frontier

Will Australia Ban Non-Real Money Gambling Apps?

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...

Bill Could Put Reins on Prosecutors’ Efforts to Seize Domain Names

Second Circuit Vacates Off-Label Promotion Conviction on First Amendment Grounds in U.S. v. Caronia

California SB 51 (Wright) relating to Internet gambling, making an appropriation therefor, and declaring the urgency thereof, to...

Leveson on Data Protection in the UK: What Do Allegations of Phone Hacking Have to Do With Data Protection?

How to Protect Your Company From Hackers [Video]

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