With David Adams, Geoffrey Garinther, W. Hamel, Todd Harrison, Claudia Lewis, Matthew Rabinowitz, Ralph Tyler
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").