Civil Litigation Attorneys

in depositions by attorneys for federal agencies and by the United States Attorneys

in litigation involving or against the federal agencies, and in defense of government whistleblowers

in general civil litigation involving tortuous interference with business, defamation, unfair competition, and product disparagement

Advertising Law

In achieving and maintaining compliance with FTC advertising standards

In Lanham Act and unfair competition litigation

In defense of free speech and the First Amendment

In matters before the National Advertising Division of the council for Better Business Bureaus

Food, Drug, and Cosmetic Law

In the review of labels, labeling, and advertising for compliance with FDA and FTC requirements;

In disputes over labels, labeling, and advertising with the FDA and the FTC; and

In the preparation, filing, and prosecution of health claim petitions and appeals therefrom to the federal courts.

Food, Drug, and Cosmetic Law

In federal inspections of plants, pharmacies, and medical offices

In FTC and FDA enforcement actions

In responding to FDA Warning Letters, customs holds, quarantines, seizures, and injunction proceedings

Food and Drug Law | Import/Export

In disputes related to the import or export of products, including U.S. Customs and FDA related issues

In compliance with European Union standards for food and supplement products

Legal Drafting

In drafting contracts, including licensing and royalty agreements

In the drafting of covenants not to compete and confidentiality agreements

On behalf of clients who have suffered violations of their civil liberties, suing federal and state governments and agencies for declaratory and injunctive relief

Medical Licensing | Medicare | Controlled Substances

In advising employers, providers, and physicians on compliance with mandates in the Patient Protection and Affordable Care Act (PPACA), the Health Reform Law

In Medicare billing disputes, hearings, and appeals

Before medical licensing boards and administrative law judges concerning physician licenses or registrations

Civil and Business Litigation | Regulatory Matters | Appellate Counsel

In administrative hearings before the federal agencies and appeals therefrom to the federal courts

In rulemakings before the federal agencies and appeals therefrom to the federal courts

In achieving and maintaining compliance with federal agency requirements

In select state proceedings where attorneys of the firm are licensed

In his latest book, “Restore the Republic,” constitutional lawyer Jonathan Emord documents the transformation of the United States from a limited federal republic into an unlimited bureaucratic oligarchy.  

From the Foreword by Ron Paul:  “Restore the Republic combines Jonathan’s vast knowledge of constitutional law and history with his practical experience defending liberty in the courtroom. ...  

[L]iberty activists ... will benefit from Jonathan’s unique perspective as an expert in constitutional theory and history.”

RESTORE THE REPUBLIC is available on Amazon.com in paperback, hardbound, and eBook formats.  Click here for more information.  

Jonathan Emord on Coast to Coast with George Noory (January 18, 2012)

Constitutional and administrative attorney Jonathan Emord appeard on George Noory’s Coast to Coast AM radio to discuss the constitutionality of the National Defense Authorization Act (NDAA) of 2012, which contains highly controversial provisions such as the holding of suspects without due process or habeas corpus.  Emord explained that the NDAA is unconstitutional in that it permits the military to incarcerate individuals indefinitely, without charges or trial.  

[RADIO] Jonathan Emord on Coast to Coast with George Noory (December 13, 2011)

Listen to George Noory’s Coast to Coast AM radio program from December 13, 2011.  In the first hour, FDA and constitutional lawyer Jonathan Emord discussed the misguided approach of the

Transportation Security Administration (TSA).  He explained that the agency spent $57 billion in the last 10 years and maintains 65,000 employees, yet a recent investigation by Congress’s General Accounting Office found that 17 known terrorists were able to travel, on 24 different occasions, and pass through 8 separate TSA screening locations.  “The whole thing, sadly, is a game of smoke and mirrors,” he lamented.  Emord also detailed the FDA’s attempts to regulate mobile medical apps and its court case concerning graphic images on cigarette labeling.  Click here to read Congress’s ten-year report on the TSA.

Alliance for Natural Health-USA Files Public Comment Challenging the FDA’s Guidance on New Dietary Ingredients (December 2, 2011)

The Alliance for Natural Health-USA (“ANH”) filed public comments with the FDA on December 2, 2011 calling the FDA’s interpretation of the DSHEA and its New Dietary Ingredient provisions “outrageous.”  FDA accepted public comments in response to its July 2011 Guidance document concerning the New Dietary Ingredient statute, 21 U.S.C. 350b.  Under the FDA guidance, the ANH explained that between 22,240 and 41,700 nutritional supplements would likely be removed from the market, at an economic loss of between $5.6 billion and $10.5 billion.  Moreover, ANH explains that the FDA’s interpretation of the NDI statute is legally infirm and without authority.

• Click to read Emord & Associates’ Press Release
• Click to read the ANH-USA’s Press Release
• Click to read the Public Comments

Emord’s “Freedom, Technology and the First Amendment” Turns 20

By Adam Thierer, The Technology Liberation Front (October 17, 2011)

Read Adam Thierer’s article on the 20th Anniversary of “Freedom, Technology and the First Amendment.”  Thierer writes:

“Twenty years ago, one of the best books ever penned about freedom of speech was released. Sadly, many people still haven’t heard of it. That book was Freedom, Technology and the First Amendment, by Jonathan Emord. With the exception of Ithiel de Sola Pool’s 1983 masterpiece Technologies of Freedom: On Free Speech in an Electronic Age, no book has a more profound impact on my thinking about free speech and technology policy than Emord’s 1991 classic. Emord’s book is, at once, a magisterial history and a polemical paean. This is no wishy-washy apologia for free speech, rather, it is a celebration of the amazing gift of freedom that the Founding Fathers gave us with the very first amendment to our constitution.”

Click here to read the full article at techliberation.com.

Jonathan Emord appeared on the Health Ranger Report on March 29, 2012.  Watch Jonathan Emord discuss the March 26-28 oral arguments before the Supreme Court concerning the Patient Protection and Affordable Care Act (“Obamacare”).  

[RADIO] Jonathan Emord Appears on George Noory’s Coast-to-Coast AM

(August 10, 2011)

Listen to George Noory’s Coast to Coast AM radio program from August 10, 2011.  Constitutional lawyer

specializing in food and drug law, Jonathan Emord, talked about the FDA's raids on raw milk producers, and how FDA guidelines are eroding Americans' freedoms.  He was joined during the third hour, by Karine Bouis-Towe and Laurie Cohen-Peters, both consumer leaders in the Farm Freedom Coalition. They described FDA raids/sting operations on an Amish dairy farmer in PA, and the company Rawesome in California. If dairy products are not pasteurized, the FDA considers them illegal. Yet, as Bouis-Towe pointed out, the pasteurization process kills off nutrients such as enzymes, minerals, and vitamins and makes no sense to force small farmers to use it, when they maintain hygienic farming practices, and have had no history of contamination.

The Stossel Show with John Stossel

November 3, 2011

Jonathan Emord appears on the FOX Business Channel’s Stossel Show on November 3, 2011 to discuss the FDA’s regulation of mobile medical apps.  Watch Jonathan’s appearance during the third segment.  Visit Stossel’s webpage here.

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HEALTH CARE REFORM LITIGATION

On May 12, 2010, Attorneys for the United States Citizens Association (USCA) and two individual plaintiffs (James Grapek and Maurice Thompson) filed suit challenging the constitutionality of the Patient Protection and Affordable Care Act (Pub. L. No. 111-148, H.R. 3590).  The suit contends that the federal government has no constitutional power to compel citizens to purchase a particular product with after tax dollars.  No such power exists in Article One of the United States Constitution under the Commerce Clause (U.S. Const. Art. I, § 8, cl. 3). The suit also contends that the mandatory requirement violates the freedom of association protected by the First Amendment (U.S. Const. amend. I) by forcing Americans to obtain unwanted insurance; violates the liberty provision of the Fifth Amendment’s Due Process Clause (U.S. Const. amend. V) by forcing Americans to buy a product, insurance, that they wish not to buy; and the right to privacy protected as a liberty right under the First, Third, Fourth, Fifth, and Ninth Amendments because it compels them to divulge confidential health information to an insurer against their will. Review the pleadings here.