Topic: First Amendment

JD Supra Corporate Brief: Marijuana Industry Banks, Moldy Washing Machines, Deferred Prosecution Agreements, Foreign Sanctions Evaders

Go ahead, sign up for email delivery of the JD Supra Corporate Brief. It is Tuesday, after all… The bottom line? Banks should think twice before doing business with a marijuana-related business… (Jay Baris and Oliver Ireland at Morrison & Foerster) Injury or no injury, consumers are free to join class action lawsuits against Whirlpool… Read more »

JD Supra Corporate Brief: Cybersecurity Standards, Drone Laws, Employee Handbooks, SEC Trials

Stop looking for something to read every morning: get the JD Supra Corporate Brief delivered straight to your inbox. Sign up here. The US Senate is moving quickly to address the need for federal data security and breach notification standards… (Francine Friedman and Alice Hsu at Akin Gump) Drones are a normal part of life… Read more »

JD Supra Corporate Brief: BYOD Policies, Conflict Minerals, Cyber Crime, Class Actions

Go ahead, sign up for email delivery of the JD Supra Corporate Brief. It is Friday, after all… Unfortunately for employers, there is no boilerplate BYOD policy that will work for all situations… (Michelle Keogh at Snell & Wilmer) What if the key to overturning the SEC conflict minerals rule were the First Amendment? (Frank… Read more »

PFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFTTTT…

(…that’s the sound of your company’s goodwill disappearing, like a punctured tire, after a social media disaster that took mere seconds to unfold.) You’d think companies would know better, right? That they’d develop procedures for approving tweets sent out by third-party vendors under their name, right? That they wouldn’t be so foolish as to allow… Read more »

JD Supra Corporate Brief: Cuban Wins, Rabobank Pays, FDIC Warns, Australia Repeals

This day in legal history: on October 31, 2002, a federal grand jury indicts former Enron CFO Andrew Fastow on 78 counts of wire fraud, money laundering, conspiracy, and obstruction of justice related to the company’s collapse. Scary! Fake Graveyards, Insulting Tombstones, & A Lawsuit Over Free Speech Violations… (Is That Legal?) It took the… Read more »

JD Supra Corporate Brief: Fracking Rule Comments, Commercial Crime Insurance, SOX Whistleblower Protections, Retail Energy Contracts

Register for email updates, and you’ll never go looking for the JD Supra Corporate Brief again. It’s as easy as click, type, send… The BLM’s proposed rules for fracking on public lands garnered substantial attention: more than 1,000,000 comments’ worth, to be exact… (BakerHostetler) India’s accession to the Madrid Protocol means that trademark registrations in… Read more »

JD Supra Corporate Brief: Fair Working Conditions, WARN Act Notices, Deferred Employee Compensation, Human Gene Patents

It’s Friday, and here at the JD Supra Corporate Brief, that means an extra Danish on the way into the office. Care to join us? How can multinationals ensure fair working conditions for workers on the other side of the globe? (NAVEX Global) The exemption from WARN Act notices for companies in Chapter 11 just… Read more »

JD Supra Corporate Brief: Public Company ESOPs, First Amendment Defense, Patent Law Treaty, Stark Law Enforcement

Can’t decide whether you should wear the black or brown shoes? The JD Supra Corporate Brief goes well with either… Public companies may need to revise their ESOPs to comply with a recent IRS notice (Katten) Is the First Amendment a viable defense for off-label marketing of pharmaceuticals? You might think so six months after… Read more »

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 »