Katz Quoted on Drug "Data Mining" Disputes

Katz Quoted on Drug "Data Mining" Disputes

"Drug 'data mining' digs up suits", The National Law Journal

January 28, 2008

Laura L. Katz, Partner in the Life Sciences Practice Group, was quoted in this article that covers the national legislative debate over states’ attempts to regulate how information obtained from "data mining" should be used, and whether prohibiting its use violates First Amendment rights to commercial free speech.

Drug “data mining” is the practice of buying information from doctors’ prescription records to sell to drug companies, which use the information to tailor marketing approaches toward particular doctors. Three states have passed laws regulating the practice and six others have bills pending.

“Maryland’s proposed law, which allows doctors to opt into a prescription information sharing program, seems to address some of the concerns raised by Maine's and New Hampshire’s laws, including the argument that they restrict commercial free speech,” said Ms. Katz.