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This month we discuss IMS Health Inc. v. Sorrell,1 in which the U.S. Court of Appeals for the Second Circuit struck down as unconstitutional a Vermont statute that banned the sale, transmission, or use of prescriber-identifiable data for marketing purposes by data mining companies and pharmaceutical manufacturers. The decision, written by District Judge John G. Koeltl (sitting by designation) and joined by Senior Circuit Judge Wilfred Feinberg, concluded that the Vermont statute placed an impermissible restriction on commercial speech under the First Amendment. The majority’s decision was accompanied by a lengthy dissenting opinion, written by Circuit Judge Debra Ann Livingston, and is at odds with two recent decisions by the U.S. Court of Appeals for the First Circuit.

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