Criminal Prosecution, First Amendment, Department of Justice (DOJ)

DOJ Will Use Compulsory Legal Process to Compel Production of Information From News Media Following Recent Update to Policy

Troutman Pepper Locke on 5/2/2025

On April 25, Attorney General (AG) Pam Bondi issued an internal memorandum to Department of Justice (DOJ) employees, changing the DOJ’s policy on obtaining information from, or records of, members of the news media. Under...more

DOJ Changes Policy To Authorize Compulsory Process For Reporters’ Records In Leak Investigations

WilmerHale on 4/29/2025

On April 25, Attorney General Pam Bondi issued a memorandum updating Department of Justice (DOJ) policy for “obtaining information from, or records of, members of the news media” (Bondi Memorandum)....more

Cannabis Advertising

Womble Bond Dickinson on 10/4/2018

On January 4th, Attorney General Jeff Sessions took a big step backward. He announced that the Department of Justice rescinded the " Cole Memo " and other internal enforcement guidelines, issued under the Obama Administration...more

Enforcement and Litigation Strategies: Skadden’s Eighth Annual Pharmaceutical, Biotechnology and Medical Device Seminar

Skadden, Arps, Slate, Meagher & Flom LLP on 3/30/2018

On March 15, 2018, Skadden hosted its Eighth Annual Pharmaceutical, Biotechnology and Medical Device Seminar in Palo Alto, California, which focused on U.S. enforcement issues faced by companies throughout the industry. The...more

DOJ Acknowledges in Proposed Jury Instructions That Dissemination of Truthful and Non-Misleading Off-Label Use Information Is Not...

Wilson Sonsini Goodrich & Rosati on 1/28/2016

For years, the U.S. Food and Drug Administration (FDA) has taken the position that a medical device (or drug) manufacturer that promotes an FDA-approved device (or drug) for an unapproved use violates the Federal Food, Drug,...more

"The Future of Government Regulation, Enforcement of Off-Label Promotion"

Skadden, Arps, Slate, Meagher & Flom LLP on 9/29/2015

Three years ago, in United States v. Caronia, the U.S. Court of Appeals for the Second Circuit held that the Federal Food, Drug and Cosmetic Act (FDCA) neither prohibits nor criminalizes truthful, nonmisleading speech that...more