Topic: First Amendment

Employers: 1, NLRB: 0 – Controversial “Poster Rule” Struck Down

Earlier this week, a federal appeals court ruled that the National Labor Relations Board’s “notice poster rule” – which would have required essentially all private sector employers to post a notice informing employees of various rights provided by the National Labor Relations Act – was invalid. The rule has been controversial since it was announced… Read more »

Off-Label Marketing Opinion Sends Warning to Pharmaceutical Companies

“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.” (Sheppard Mullin) Earlier this month, the Ninth Circuit issued an opinion that sends an important warning to pharmaceutical manufacturers: the First Amendment doesn’t protect off-label marketing… Read more »

Off-Label Marketing Conviction Violates First Amendment

“In an opinion that will certainly be welcomed by many in the industry, the court rejected the government’s interpretation of the Food, Drug and Cosmetic Act’s (FDCA) misbranding provisions, holding, ‘We conclude simply that the government cannot prosecute pharmaceutical manufacturers and their representatives under the FDCA for speech promoting the lawful off-label use of an… Read more »

3 Laws Every Employer Should Consider During Election Season

In this Bloomberg Law interview, Lee Pacchia and Jonathan Salant discuss the specific legal needs of a presidential campaign, and why attorneys are cashing in big in this year’s political contest. But staying on the right side of election laws isn’t a concern just for candidates. Businesses of all sizes – from small companies to… Read more »