Topic: marketing

JD Supra Corporate Brief: Attorney-Client Privilege, Brazil Corruption Law, Patent Troll Bill, JP Morgan Settlement

Dateline, November 22, 1963: President John F. Kennedy is assassinated in Dallas, Texas. Avoid embarrassment! Impress your friends! Know the difference between warranty and indemnity! (Richard Hsu at Shearman & Sterling) Who owns attorney-client privilege after a merger? (Herbert Kozlov and Edward Prokop at Reed Smith) Brazil’s new anti-corruption law goes into effect soon –… 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: Social Media Dangers, Online Injury Records, Italian Google Tax, Anti-Raiding Agreements

Start your day the JD Supra way: large coffee, cherry Danish, and the morning’s law news delivered straight to your inbox. Sign up here. What did Home Depot do when a “dumb, stupid, and offensive” tweet was sent out from its account? (James Ryan at Cullen and Dykman) Three unsettled TCPA issues that could potentially… Read more »

JD Supra Corporate Brief: Social Media Disclosure, Federal Shutdown Costs, Shanghai Free-Trade Zone, Ireland Whistleblower Protections

Sign up for email delivery of the JD Supra Corporate Brief, and you’ll never go looking for law news again… Facebook, Twitter, YouTube, and LinkedIn provide a 24/7 outlet for corporate disclosure… (Akin Gump) Contractors may be entitled to recover costs arising from the federal shutdown, but they’ve got to act quickly… (Morrison & Foerster)… Read more »

JD Supra Corporate Brief: Health Care Enforcement, Web Privacy Policies, GMO Food Labels, Green Chemistry Rules

Why yes, I would love to get the JD Supra Corporate Brief delivered straight to my inbox. Where do I sign up? Whistleblowers are driving stepped up government health care enforcement… (Mintz Levin) Study finds about half of companies worldwide fail to comply with web privacy policy requirements… (Pillsbury) What does the EU’s Alternative Investment… 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 »

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 »

Let the Games Begin! (Just Don’t Win Olympic Gold in Trademark Infringement…)

Little known fact: apparently, you can also win a gold medal in trademark infringement at the Olympics. Of course, you likely won’t see much coverage of the event (Saturday morning at 7:30, squeezed between the lawn bowling and potato sack races?), but the U.S. and International Olympic Committees take very seriously any infringement upon their… Read more »