Science, Computers & Technology, Constitutional Law, 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

Are "Click-Through" Internet Marketing Tax Laws Constitutional?

by Kirk Jenkins | Sedgwick LLP on 5/2/2013

Our preview of the oral arguments at the Illinois Supreme Court during the May term concludes with Performance Marketing Association, Inc. v. Hamer. PMA will be heard by the Court during the 9:00 a.m. session on Thursday, May...more

Sixth Circuit Rules School’s Search Of Student Cellphone Violated Fourth Amendment

by Jackie Wernz | Franczek Radelet P.C. on 4/24/2013

In a recent decision, the first federal appellate court to address the rights of school officials to search student cell phones held that a student’s violation of a school rule regarding technology did not justify a general...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

FDA Emphasizes Patient-Specific Prescriptions

by Elinor Hart, Rachael G. Pontikes | Duane Morris LLP on 3/21/2013

On March 7, 2013, the United States Food and Drug Administration (FDA) issued a warning letter to compounding pharmacy Medi-Fare Drug & Home Health Center (Medi-Fare Drug), taking the FDA's most aggressive position to date...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

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

Setback for Apple in iPhone MDL

by Evan Nadel | Mintz Levin - Privacy & Security on 3/13/2013

In a case about exposing user data, Apple suffered a setback due to its concealment of information in litigation. Last week, in the multi-district litigation, In Re iPhone Application Litigation, Judge Lucy Koh of the...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

Court: Data on Unsecured Network May Qualify for 4th Amendment Protection

by Jeff Ifrah on 3/11/2013

The vast increase in the use of wireless data networks has led to new legal issues regarding network users’ right to privacy. A recent opinion issued by the U.S. District Court for the District of Oregon indicates that, under...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

Social Media Law (Part 3: Defamation)

by Field Law on 2/26/2013

The use of social means to engage in defamation is nothing new. Indeed, defamation requires the very social element of publication. Social media - Facebook pages or posts, tweets, blogs and online comments - merely make...more

Re-Publishing a Third-Party’s Unbiased Endorsement Can be Perilous

by Shep Davidson | Burns & Levinson LLP on 2/22/2013

It should come as no surprise that making a false statement about a competitor’s product or service is actionable. Similarly, albeit slightly less obvious, repeating a false statement that someone else makes about a...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

#Edchat Followup: Legal Issues For BYOD And 1:1 Programs In Schools

by Jackie Wernz | Franczek Radelet P.C. on 2/12/2013

Each Tuesday the #Edchat hashtag brings together educators from across the globe to discuss education-related topics on Twitter. Last week one of the questions on #Edchat was “How do we train educators to teach in programs...more

Courts Attempt to Reign in Social Media Use by Jurors

by Richard Raysman | Holland & Knight LLP on 2/5/2013

Technology has indeed infiltrated the jury box. Jury service, which necessarily involves hours of quiet observation of the proceedings, evokes, for some, a hunger for expression or quick entertainment....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

Corporate Law Report: Managing Cyber Risks, BYOD, Obama's NLRB Crisis, Iran Sanctions, and More [Video]

by JD Supra Law News on 1/31/2013

Our latest Corporate Law Report looks at: - top ways to manage cyber risks in the workplace; - the growing trend of employees bringing their own electronic devices (BYOD) to work; - new reporting requirements as a result...more

The Police Are Watching Your Google Searches

by Aaron Kase | Lawyers.com on 1/29/2013

Google released a transparency report last week showing that government snooping into your personal data is on the rise. The numbers released by the Internet giant show that law enforcement officials in the United...more

Indiana Sex Offender Social Website Ban Law Is Unconstitutional

by Balough Law Offices, LLC on 1/24/2013

An Indiana statute prohibiting most registered sex offenders from using social networking websites is unconstitutional because it is an overly broad infringement of First Amendment rights. The Indiana law prohibited...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

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

Second Circuit Jettisons Criminal Conviction for Pharma Rep Convicted for Off-Label Promotion

by Christopher R. Hall, Gregory G. Schwab | Saul Ewing LLP on 12/20/2012

On December 3, 2012, the United States Court of Appeals for the Second Circuit overturned the conviction of a pharmaceutical sales representative convicted for misbranding in violation of the federal Food, Drug and Cosmetic...more

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

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

Are "Click-Through" Internet Marketing Tax Laws Constitutional?

Sixth Circuit Rules School’s Search Of Student Cellphone Violated Fourth Amendment

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

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

FDA Emphasizes Patient-Specific Prescriptions

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

Ninth Circuit Affirms Prosecution for Off-label Marketing

Setback for Apple in iPhone MDL

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

Court: Data on Unsecured Network May Qualify for 4th Amendment Protection

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

Social Media Law (Part 3: Defamation)

Re-Publishing a Third-Party’s Unbiased Endorsement Can be Perilous

A Charter Right to Search Google?

#Edchat Followup: Legal Issues For BYOD And 1:1 Programs In Schools

Courts Attempt to Reign in Social Media Use by Jurors

Second Circuit Vacates Pharmaceutical Misbranding Conviction on Free Speech Grounds

Corporate Law Report: Managing Cyber Risks, BYOD, Obama's NLRB Crisis, Iran Sanctions, and More [Video]

The Police Are Watching Your Google Searches

Indiana Sex Offender Social Website Ban Law Is Unconstitutional

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

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...

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

Second Circuit Jettisons Criminal Conviction for Pharma Rep Convicted for Off-Label Promotion

Corporate Law Report: Managing Cyber Risks, BYOD, Obama's NLRB Crisis, Iran Sanctions, and More [Video]

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