In the last week of December 2017, Democratic senators introduced the “Accountability for Wall Street Executives Act of 2017,” which would amend the National Banking Act to allow state AGs to request a wide variety of information from nationally-chartered banks. As the Supreme Court explained in Cuomo v. Clearing House Ass’n, L.L.C., 557 U.S. 519 (2009), the National Banking Act distinguishes between “visitorial powers” – such as examination of a bank’s accounts or inspection of its records – and law enforcement,… More
As state Attorneys General continue to flex their muscles in response to serious data security lapses nationwide, patchwork enforcement continues. Strategies employed by state Attorneys General in response to nationwide data breaches are as diverse as the profusion of data security threats alarming consumers on a daily basis. The recent Equifax data breach offers a prime example. The disparate reactions of Massachusetts, California, Texas and New York reflect the various tools at the disposal of state AGs in the increasingly difficult struggle to protect consumer information,… More
U.S. District Judge Valerie Caproni on Thursday, November 30, 2017 heard argument on Massachusetts Attorney General Maura Healey’s and New York Attorney General Eric Schneiderman’s motions to dismiss Exxon’s federal court challenge to their ongoing climate investigations. Law360 has reported that Exxon faced considerable skepticism, particularly of its arguments that the investigations impinged on Exxon’s freedom to participate in the climate change debate: “You don’t have the right to lie in your securities filings,… More
Like many things in Washington, the HIPAA landscape in 2018 will be shaped by the shifting priorities of President Trump’s new administration. Early signs point to less funding for the Office of Civil Rights (“OCR”) within the Department of Health and Human Services, which is responsible for enforcing HIPAA. This is likely to lead to fewer enforcement actions, but not necessarily less aggressive enforcement within those actions,… More
In recent decades – and notably in the past eight months – state attorneys general have played a prominent role in making public policy through legal process on the state and national level. While most recent headlines have focused on AG efforts to affect national immigration policy, state AGs continue to wield substantial power over private companies and even whole industries. State AGs have the resources and the authority to change how a company conducts business; this is true whether AGs are acting alone, as part of multi-state investigations, or collaborating with federal agencies.
State AGs are not omnipotent or infallible; they can be defeated. As in most things, succeeding requires skill, experience and a fine understanding of AG vulnerabilities. This 60-minute webinar, featuring former Massachusetts Attorney General Martha Coakley, is designed exclusively for business leaders and in-house counsel.
- The Exxon-Mobile counter-attack strategy
- What to do when the AG hires private attorneys on a contingency fee basis
- The extent of state AG authority over false claims and unfair trade practices
- How to engage “friendly” AGs
- The AG’s tools and tactics of choice, and how to fight back
Click here to download a copy of the materials.
As most are aware, the Massachusetts Attorney General has won the race to the courthouse and been the first regulator to file suit against Equifax.
- The 28 page complaint is summed up on paragraph 4:Consumers do not choose to give their private information to Equifax, and they do not have any reasonable manner of preventing Equifax from collecting, processing, using, or disclosing it. Equifax largely controls how,…
In recent decades – and notably in the past eight months – state attorneys general have played a prominent role in making public policy through legal process on the state and national level. While most recent headlines have focused on AG efforts to affect national immigration policy, state AGs continue to wield substantial power over private companies and even whole industries. State AGs have the resources and the authority to change how a company conducts business;… More
In a rare departure from the typically-deferential court treatment of AG investigations, a New York appeals court allowed in part a motion to quash a document subpoena from the New York Attorney General, citing constitutional concerns, in Matter of Evergreen Assn., Inc. v. Schneiderman, 54 N.Y.S.3d 135 (2017).
The subpoena, issued in 2013, arose from investigations by the NY AG begun in 2010 of “crisis pregnancy centers.” Evergreen,… More
Initiative petition proponents filed with the Massachusetts Attorney General’s Office earlier this week 28 proposed initiative petitions that, if certified by the AG and endorsed by the requisite number of registered voters, could appear on the November 2018 ballot. (See this post for more details on the ballot initiative process.) Interested parties have until Friday, August 11 to (1) submit memoranda setting forth why the AG should or should not certify the measure,… More
On Monday, July 24, 2017, the Supreme Judicial Court ruled in Commonwealth v. Lunn that Massachusetts law did not permit court officers to hold the plaintiff, Lunn, solely on the basis of a federal immigration detainer. The ruling was a victory not only for Lunn, but for the Commonwealth as well, because of the somewhat unusual position the Attorney General had taken in the case.… More