Exxon Mobil Loses at Supreme Court; Massachusetts Investigation Will Proceed

Last April, I predicted that the Massachusetts Supreme Judicial Court’s decision to allow Attorney General Maura Healey’s civil investigative demand regarding Exxon’s knowledge of climate change to proceed had “ended a significant chapter in [the] long-running dispute.”  In fact, that chapter managed to continue through January 7, 2019, when the United States Supreme Court rejected Exxon’s petition to review the SJC’s decision.

Exxon’s certiorari petition accuses the Massachusetts courts of “a breathtaking assertion of personal jurisdiction” that “flouts core notions of due process,” arguing that Exxon’s ability to control the advertising of its licensees in Massachusetts did not constitute sufficient contact with Massachusetts to be subject to a CID. … More

Cybersecurity 2019 — The Year in Preview: New Attorneys General and Trends in State Data Privacy Laws

Whether it was a Blue Wave or a “Big Victory,” the midterm elections unequivocally transformed state regulatory and enforcement landscapes by sweeping in four new Democratic Attorneys General and earning Democrats a majority of those key policymaking positions.  The Democrats flipped four offices with Aaron Ford (NV), Phil Weiser (CO), Dana Nessel (MI) and Josh Kaul (WI) each claiming victory over GOP opponents. … More

New Attorney General Spotlight: Colorado AG-elect Phil Weiser

This blog post is one of a series of posts highlighting newly elected Attorneys General, and commenting on how their priorities may differ from their predecessors’. Click here to read the full series.

Democratic AG-elect Phil Weiser will bring a strong academic and policy background to the Colorado AG’s office in 2019, following his defeat of Republican George Brauchler by a 51.60% to 45.13% margin. … More

New Attorney General Spotlight: Michigan AG-elect Dana Nessel

This blog post is one of a series of posts highlighting newly elected Attorneys General, and commenting on how their priorities may differ from their predecessors’. Click here to read the full series.

Before election on November 6, Michigan AG-elect Dana Nessel worked as an assistant prosecutor, a civil rights lawyer, and a defense attorney. She is best known for her work as lead attorney for plaintiffs April DeBoer and Jayne Rowse,… More

New Attorney General Spotlight: Wisconsin AG-elect Josh Kaul

This blog post is the first installment in a series of posts highlighting newly elected Attorneys General, and commenting on how their priorities may differ from their predecessors’. Click here to read the full series.

Wisconsin’s new Attorney General, Democrat Josh Kaul, won a narrow victory over the incumbent Republican, Brad Schimel, by about 20,000 votes.  Before his election Kaul was an associate at Jenner &… More

MA AG Announces Settlement with Lord & Taylor Resolving Complaints of Racial Profiling in Retailer’s Shoplifting Prevention Program

On November 13, 2018, Massachusetts Attorney General Maura Healey announced a $100,000 settlement with Lord & Taylor LLC (“Lord & Taylor”) to resolve allegations that the clothing retailer’s shoplifting prevention program disproportionately targeted black and Hispanic customers. Lord & Taylor also agreed to hire an expert to review its shoplifting policies and help create safeguards against implicit bias. In addition, the company’s employees will receive yearly anti-bias training,… More

A Trap for the Unwary: Cannabis Health Claims Likely to Draw Scrutiny from Advertising Regulators

With the opening of the East Coast’s first marijuana retailer just days away, consumers in Massachusetts may soon begin seeing advertisements promoting all manner of cannabis products, services, and establishments.  The state’s Cannabis Control Commission has drafted regulations that place restrictions on marijuana advertising, but even with those restrictions, there is still plenty of opportunity for retailers and product manufacturers to promote cannabis to consumers,… More

Martha Coakley Speaks with Tim Cheatham of Wal-Mart on Exploring Collaboration with State Attorneys General

This week was the Retail Industry Leaders Association (RILA) Retail Law Conference in Austin, Texas. For the first General Session, Foley Hoag’s Martha Coakley, who chairs our State Attorney General Practice, spoke with Tim Cheatham, Senior Vice President and General Counsel of Wal-Mart, about exploring collaboration between Attorneys General and General Counsel. Martha, a former Attorney General of Massachusetts, and Tim, the General Counsel of America’s largest retailer,… More

Watch: Nine Things You Need To Know About Your Attorney General And Other Regulators

Foley Hoag attorneys Martha Coakley and Emily Nash present a webinar for in-house counsel discussing the best practices for companies to effectively collaborate with the Attorney General and other regulators. They share strategies for building a strong partnership with state government officials and how that can improve business resources and success.

Topics include:

  • Attorney General Offices: How are they structured for decision-making
  • Top issues that Attorneys General are likely to get involved with in the future, either alone, in small groups, in large multistates, or with the Federal Government
  • How to distinguish whether you have an Attorney General problem, a press problem, or both
  • How to engage “friendly” AGs
  • The AG’s tools and tactics of choice, and how to fight back

Click here to download the slides.

Two AGs Notch Another Win Against the President in Emoluments Saga

The Attorneys General of Maryland and the District of Columbia again got a green light to proceed with their case alleging that the President has violated the Emoluments Clauses of the U.S. Constitution.[1] The ruling is the first of its kind to define “Emolument” and to hold that the clause barring foreign emoluments applies to the President.[2]

President Trump assumed office while maintaining ties to his businesses,… More