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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...

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