United States: Sales Rep’s Conviction for Off-Label Promotion of FDA Approved Drugs is Overturned Under the First Amendment - Venable LLP
December 7, 2012 - In a decision that will likely pose significant challenges to the government’s regulation of marketing and promotion of pharmaceuticals and other FDA-regulated products, the Court of Appeals for the Second Circuit invoked the First Amendment in overturning the 2008 conviction of a sales representative for the promotion of a drug for uses not approved by the Food and Drug Administration ("FDA").
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Secret campaign donations -- so what?
Thursday, October 18, 2012 - 10:48 Joe Raedle/Getty Images Nonprofit social welfare organizations may become more potent political donors than super PACs. And they don't have to disclose who gave money. Campaign finance regulation is an endless game of Whac-A-Mole. There’s always something popping up to respond to new rules , from soft money to 527 groups to super PACs. This year, the scrutinized group pouring tens of millions into races is the 501(c)(4). That clunky IRS alphanumeric refers to nonprofit social welfare organizations. Because of a loophole, they can also finance political activity. Their donors can give as much as they want, with no public disclosure. Our reporting on campaign finance with PBS's Frontline got us thinking about a provocative question about anonymous donations. What’s the big problem with them, anyway? Tackling the question is tricky because it’s so rarely asked. There are fierce arguments about campaign finance, of course, but they’re largely about ...