Category Archives: New York Attorney General

“Fourth Branch”? Hawaii Wins Nationwide TRO against the President’s Revised Immigration Ban

Once again, a State AG lawsuit has put the brakes on the President’s immigration ban. This one comes from Hawaii. Last week, Hawaii challenged the new ban in district court and moved for a temporary restraining order. On Wednesday, March 15, the court granted the motion.[1]

Hawaii challenged the President’s first ban in early February. That one barred the entry of citizens of seven Muslim-majority countries—as well as all refugees,… More

With CFPB’s Future in Doubt, State AGs Prepare to Fight

In the first of what are becoming regular clashes between Democratic state attorneys general and the new President, the attorneys general of Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Mississippi, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia sought to intervene in federal court proceedings to defend the constitutionality of the Consumer Financial Protection Act (“CFPA”), which created the Consumer Financial Protection Bureau (“CFPB”),… More

Update: Six National Retailers Agree to Stop Using On-Call Shift Scheduling

Attorneys general from eight states, including Massachusetts and New York, and the District of Columbia, announced in December that six major retailers—Aeropostale, Carter’s, David’s Tea, Disney, PacSun, and Zumiez—have agreed to stop scheduling employees for on-call shifts.  The retailers agreed to end the practice after receiving letters from the AGs last April that sought information about the companies’ utilization of on-call shifts and expressed concern about the negative effects the practice has on employees. … More

Exxon Climate Change Investigation Updates

Exxon’s dispute with Massachusetts AG Maura Healey’s civil investigative demand related to Exxon’s knowledge of climate change both deepened and potentially widened in the last week.

First, on October 13, 2016 United States District Judge Ed Kinkeade handed down an order that will allow Exxon to conduct discovery on Healey’s motives for issuing the CID.  The order stems from the AG’s argument, in moving to dismiss, that Exxon’s claim is improperly before the federal court in the Northern District of Texas pursuant to Younger v.… More

Exxon-Healey Dispute Gets Hearing as State AGs Weigh In

This week in the Northern District of Texas, U.S. District Judge Ed Kinkeade heard oral argument on Exxon Mobil’s motion for preliminary injunction against Massachusetts Attorney General Maura Healey’s civil investigative demand, issued to Exxon on April 19, 2016, which sought documents from Exxon related to its analysis of research efforts to study climate change.  The argument followed two amicus briefs from state attorneys general across the country.

The first brief,… More

Exxon Sues Massachusetts AG to Block Civil Investigative Demand

On June 15, 2016, Exxon sued Massachusetts AG Maura Healey in federal court in Texas, seeking to bar the enforcement of AG Healey’s April 19, 2016 civil investigative demand, issued pursuant to M.G.L. c. 93A, the Commonwealth’s unfair and deceptive practice statute.  Under c. 93A, § 6, the AG may issue investigative demands “whenever [s]he believes a person has engaged in or is engaging in any method,… More

Update: NY AG Continues War on Ticket-Buying Bots

iStock_000074830015_SmallAs we wrote in February, NY AG Eric Schneiderman has made New York’s ticketing industry a prime target, beginning with a blistering report on ticketing practices in January.  The NY AG also announced settlements with six ticket brokers on April 26, 2016, worth approximately $2.8 million.

The latest salvo came on April 28, 2016, when the NY AG announced that he would propose legislation to toughen New York’s anti-ticket bot law. … More

State Attorneys General Send Requests for Information on Retailers’ Use of On-Call Shifts

In a continued effort to end the practice of using “on-call shifts,” several state attorneys general, including Massachusetts Attorney General Maura Healey and New York Attorney General Eric Schneiderman, sent letters last week to 15 national retailers requesting information about their use of “on-call shifts” to staff their businesses.

As we reported last June, AG Schneiderman sent letters seeking similar information about the use of “on-call shifts” to 14 major retailers last year.… More

NY Attorney General Tackles Ticketing Practices

Several news outlets are reporting that NY Attorney General Eric Schneiderman has begun an anti-trust investigation of the National Football League’s ticketing practices.  Though AG Schneiderman’s office has not yet confirmed the investigation, such an investigation would fit squarely within the AG’s continued interest in the ticketing industry in New York, as evidenced by his office’s release of the report “Obstructed View: What’s Blocking New Yorkers from Getting Tickets” just last month. … More

Kamala Harris Puts Exxon Under Her Microscope: California AG Reportedly Has Launched Review of Oil Giant’s Statements On Climate Change

Students of history know that fighting a two front war is a hazard to be avoided. According to the L.A. Times, however, that is precisely the dilemma that now faces Exxon Mobil:  dual investigations from attorneys general on each coast of the United States.

Several sources are reporting that California Attorney General Kamala Harris’ office is examining what Exxon knew about the science of climate change compared with what the company told investors. … More

NY Attorney General Turns Up the Heat on Exxon Mobil; Issues Subpoena to Investigate Climate Change Disclosures to Public and Investors

iStock_000058498448_SmallOn November 5, 2015, New York Attorney General Eric Schneiderman’s office confirmed that it has launched an investigation concerning Exxon Mobil’s statements to the public and investors about the risks of climate change and its potential impact on the company’s operations.  As first reported by the New York Times, the Attorney General has subpoenaed extensive financial records, emails and other documents from as far back as 1977.… More

Ignorance Is Not Bliss: Nonprofit Trustees Agree To Million Dollar Settlement With New York Attorney General For Lackadaisical Governance

In April 2015, the New York Attorney General entered into a $1.025 million settlement with the trustees of the Victor E. Perley Fund, a nonprofit that serves underprivileged children in New York City. A two-year probe revealed that the Fund’s chairman, along with a fellow trustee, had used its multi-million dollar portfolio as a private slush fund. The duo’s self-dealing and conflict-ridden, high risk investments would have been discovered had their fellow trustees exercised even a modicum of oversight.… More

Several National Retailers Receive Requests for Information from New York Attorney General On Practice of “On-Call Shifts”

In what must have been a bad start to the day, more than 12 of the nation’s retailers recently received requests for information from the New York Attorney General Eric Schneiderman inquiring into their use of “on-call shifts.” The AG’s letter explains that “on-call shifts” require employees” to call in to work just a few hours in advance, or the night before, to determine whether the worker needs to appear for work that day or the next.” If the employee is not needed,… More