Health Care & Hospital Law,
Appellate Practice
Dec. 18, 2010
Circuit Split on Free Speech And Drug Prescription Data
The constitutional debate over the sale of prescriber-specific data for commercial use.
Jonathan M. Rotter
Partner Glancy, Prongay & Murray LLP
Phone: (310) 201-9150
Email: jrotter@glancylaw.com
Harvard Univ Law School; Cambridge MA
Alana H. Rotter
Partner Greines, Martin, Stein & Richland LLP
Phone: (310) 859-7811
Email: arotter@gmsr.com
Alana handles civil appeals and writ petitions, including on probate and anti-SLAPP issue. She is certified as an appellate specialist by the State Bar of California Board of Legal Specialization.
Pharmaceutical companies use data from the prescribing histories of individual doctors to focus their in-person marketing. They get the information from data-mining companies, who in turn purchase it from pharmacies and insurers. This is big business: One of the major data-mining companies reported revenue of $1.75 billion in just one year from selling aggregated prescriber information.
Several states have recently enacted laws aimed at limiting this practice. These laws generally...For only $95 a month (the price of 2 article purchases)
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