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Documents on Constitutional Law, Tobacco
 

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HTML6th Circuit Largely Affirms District Court Ruling on Constitutionality of the Tobacco Act
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
March 23, 2012, previously published on March 22, 2012
A divided 6th Circuit panel affirmed a lower court’s ruling that some provisions of the Family Smoking Prevention and Tobacco Control Act (“Tobacco Act”) are unconstitutional, but others are not. As we noted in a prior posting, a federal district court ruled in November 2009 that...

 

HTMLRequired Graphic Cigarette Labeling Held Unconstitutional
Richard J. Leighton; Keller and Heckman LLP;
Legal Alert/Article
March 8, 2012, previously published on March 7, 2012
The U.S. Food and Drug Administration's rule mandating the use of dramatic graphic images on cigarette labeling was found unconstitutional recently.

 

HTMLCourt Says First Amendment Bars Enforcement of FDA Graphic Cigarette Warning Rules
Tracy P. Marshall, Sheila A. Millar, Crystal N. Skelton; Keller and Heckman LLP;
Legal Alert/Article
November 11, 2011, previously published on November 10, 2011
In an important First Amendment decision, on November 7, 2011, the U.S. District Court for the District of Columbia issued a preliminary injunction enjoining enforcement of a U.S. Food and Drug Administration ("FDA") rule requiring tobacco companies to display graphic images on cigarette...

 

Adobe PDFFDA Moves to Limit Promotion of Tobacco Products, but Is It Legal?
Elinor A. Hiller, Peter M. Kazon, Marc J. Scheineson, Donald E. Segal, Julie K. Tibbets; Alston & Bird LLP;
Legal Alert/Article
March 31, 2010, previously published on March 22, 2010
In conjunction with the release of the revised 1996 regulations (modified per Congress’ directions in Section 102 of the Family Smoking Prevention and Tobacco Control Act), which take effect on June 22, 2010, on March 18, FDA released a series of documents designed to explain the rule,...

 

Adobe PDFSome Tobacco Control Act Advertising Limitations Held Unconstitutional
Richard J. Leighton; Keller and Heckman LLP;
Legal Alert/Article
January 27, 2010, previously published on January 8, 2010
Tobacco interests came away with a partial victory recently in their challenge to the constitutionality of the new Family Smoking Prevention and Tobacco Control Act.

 

HTMLDramatic Reversal for DOJ on Corporate Prosecution Policy
Craig D. Margolis, William E. Lawler; Vinson & Elkins LLP;
Legal Alert/Article
September 18, 2008, previously published on September 2, 2008
On August 28, 2008, a landmark decision of the U.S. Court of Appeals for the Second Circuit dramatically emphasized the importance of a nearly simultaneous release by the Department of Justice (DOJ) of a major revision of corporate prosecutorial policy.

 

Adobe PDFSecond Circuit Affirms Dismissal of Indictments against KPMG Employees
Richard J. McCarthy, Patricia Mullen; Edwards Angell Palmer & Dodge LLP;
Legal Alert/Article
September 11, 2008, previously published on September 2008
Two years ago in the wake of the federal district court decision in the United States v. Stein, we cautioned that "greater clarity and finality" were still needed on the question of where the boundaries lie for prosecutorial conduct in investigating corporations for criminal wrongdoing.

 

HTMLDoctors, Religion, and Discrimination: Can A Medical Clinic Discriminate In The Name Of Religion?
Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
September 10, 2008, previously published on August 20, 2008
In a recent case handed down by the California Supreme Court entitled North Coast Women's Care Medical Group, Inc. v. Superior Court, the Court was asked to decide whether a medical clinic's physicians could discriminate for religious reasons against an individual based on that person's sexual...

 

HTMLDistrict Court Upholds Veterinarian's Constitutional Claim to License under New York Education Law 6704
Pierre Georges Bonnefil, Héctor A. Chichoni, Robert S. Groban, Jang Hyuk Im, William M. Poole; Epstein Becker & Green, P.C.;
Legal Alert/Article
September 5, 2008, previously published on August 2008
In Kirk vs. New York State Department of Education, 2008 EL 2492268 (W.D. N.Y. 2008), the U.S. District Court for the Western District of New York upheld a claim that Section 6704 was unconstitutional if construed to restrict application by a foreign national for an unrestricted professional...

 

HTMLBusiness Travelers Beware: New Customs Policy Allows the Government to Search Documents, Laptops and Other Data Storage Devices at the Border
Baker & Hostetler LLP;
Legal Alert/Article
August 20, 2008, previously published on August 8, 2008
Next time you travel outside the United States, don't be surprised when U.S. Customs and Border Protection agents give your laptop a closer look than ever before.

 


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