Category Archives: State Attorneys General

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How Companies Should Prep for Enforcement Shift to State AGs

State
“Top Cop” is how every state Attorney General wants to be known. In reality, state AGs have far more authority for civil enforcement than they do for criminal prosecution.  Their civil authority can be vast when partnering with federal agencies, utilizing federal enforcement statutes, and coordinating U.S. Department of Justice (DoJ) criminal investigations.… Continue reading this entry

State AGs are Flexing Their Muscles to Protect Your Technology Privacy

Technology
Headlines for state Attorneys General have been dominated by pursuits with the Trump Administration – whether the travel ban case going to the U.S. Supreme Court or challenges to legacy regulations at federal agencies. Less visible, state AGs are pushing forward on their interests and influence in technology-oriented consumer products, as highlighted in panel topics … Continue reading this entry

State AGs May Turn Up Enforcement Under Trump

Trump
With the incoming Trump Administration, regulatory and enforcement priorities for federal agencies are expected to change, and in response state Attorneys General will surely step into perceived gaps. Over the past eight years, state AGs have joined in significant joint federal-state enforcement often following the lead of the U.S. Department of Justice, the Federal Trade … Continue reading this entry

Old Consumer Protection Laws Don't Necessarily Fit Sharing Economy

Consumer
Within the sharing economy, consumers participate in an entirely new marketplace and are empowered as part of the historic shift of leverage from traditional businesses. It’s not just a different venue for delivering existing products and services. It’s a new commerce where consumers can obtain the experience and exactness of products and services they desire: … Continue reading this entry

State Attorneys General Return to Health Care Reform in U.S. Supreme Court

On Wednesday, the U.S. Supreme Court will hear arguments in what is being teed up to be “Round 2” on the Affordable Care Act (ACA). In the case King v. Burwell, the question before the Court is whether the IRS can extend tax credit subsidies to those using the federal health care exchange when the … Continue reading this entry

State AGs Take Sides as U.S. Supreme Court Hears Housing Discrimination Case

On January 21st, the U.S. Supreme Court will hear argument in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, on the question of whether disparate impact claims for discrimination are recognized under the Fair Housing Act (FHA). The third time may be the charm as the Supreme Court has twice dismissed recent … Continue reading this entry

The Supreme Court Hears Case Regarding Private Enforcement of the Medicaid Act Against States

On Tuesday, January 20, 2015, the U.S. Supreme Court will hear oral argument in a significant Medicaid-preemption case from the Ninth Circuit, Exceptional Child Center, Inc. v. Armstrong. In that case, Medicaid-participating health care facilities in Idaho sued the state’s Department of Health and Welfare officials for failure to properly reimburse the providers for their … Continue reading this entry

U.S. Supreme Court Hears Natural Gas Case in Which 21 State AGs File Brief

On Monday, January 12, the U.S. Supreme Court will hear oral argument in the preemption case, Oneok v. Learjet. In reliance on state law private action remedies, Learjet sued Oneok over market manipulation in natural gas prices to large volume purchasers. 21 bipartisan state Attorneys General filed an amicus brief defending their state regulatory authority on … Continue reading this entry

State AGs Urge FTC to Strengthen Telemarketing Sales Rule

This week, 38 state Attorneys General (AGs) submitted comments to update the Telemarketing Sales Rule (TSR). In a letter to the Federal Trade Commission (FTC), the AGs called for a number of new requirements as part of the FTC’s rule review. The letter is led by Florida Attorney General Pam Bondi and Pennsylvania Attorney General … Continue reading this entry