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The Problem With IMS Health V. Ayotte

Law360 (February 9, 2009, 12:00 AM EST) -- On Nov. 18, 2008, a three-judge panel of the U.S. Court of Appeals for the First Circuit overturned a well-reasoned decision by Judge Paul Barbadoro in the District of New Hampshire[1] holding a state statute violates the First Amendment by prohibiting the transfer of prescriber-identifiable information for use by pharmaceutical sales representatives in the course of detailing prescription drugs.

IMS Health Inc. v. Ayotte, No. 07-1945, 2008 WL 4911262 (1st Cir. 2008), pet. for rehearing and rehearing en banc denied (1st Cir. Jan. 14, 2009)....
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