Losses Continue to Mount For ExxonMobil in its Fight to Prevent State Attorney General Climate Investigations

On March 15, 2022, the Second Circuit rejected an appeal brought by ExxonMobil attempting to block investigations by the New York and Massachusetts Attorneys General into historical claims made by Exxon regarding climate change.  These cases have a long procedural history in both state and federal courts as Exxon has employed multiple procedural vehicles to attempt to halt the investigations.  Generally, both investigations relate to whether Exxon intentionally mislead investors and the public regarding its knowledge and the risks of climate change. … More

Office of the Massachusetts Attorney General – 2022 Preview

This is the fourth post in this year’s series examining important trends in white collar law and investigations. Our previous post discussed trends in tax enforcement. Up next: trends in sanctions & export controls enforcement.

2022 is shaping up to be an interesting year for the Office of the Massachusetts Attorney General. It marks Maura Healey’s final year as AG as she gears up for her run for governor. … More

New York Proposes Broad New Pre-Merger Notification Requirement

The American Bar Association is hosting a panel discussion on New York’s 21st Century Antitrust Act and the pre-merger regime it could create moderated by Austin A.B. Ownbey on March 4. For more information and to register please click here.

The New York Attorney General would like to review your next transaction before you close.

The 21st Century Antitrust Act has primarily been described as an effort to strengthen the anti-monopoly provisions of Section 340 of New York’s General Business Law.… More

Appeals Court Rejects Argument That Whistleblower Protections Do Not Apply to Reporters of Texas AG Paxton’s Alleged Misconduct

The Texas Appeals Court has recently confirmed that employees of elected officials are protected under the Texas Whistleblower Act. In September 2020, high-ranking officials at the Texas Attorney General’s Office (the “OAG”) reported what they believed to be criminal misconduct by Texas Attorney General Ken Paxton to the FBI, the Texas Rangers, and other law enforcement agencies. In particular, the officials reported that Paxton used his official position to benefit Nate Paul,… More

Health Care Entities May Challenge MassHealth Financial Withholdings

The Massachusetts Appeals Court has issued an important ruling for health care entities who are being investigated by the Massachusetts Attorney General’s Office Medicaid Fraud Division and facing financial withholding, often without recourse while the AGO takes its time to resolve a matter.

The case, Rizkallah v. Attorney General, involved the following relevant facts: In March 2017, the AGO sent Mouhab Rizkallah,… More

Four State AGs Launch Consumer Protection Investigation of Major Republican and Democratic Fundraising Platforms, Congressional Effort Underway to Head Off Future Related Incidents

This blog post was written by Foley Hoag Summer Associate, Joshua Rosen

Major national media sources including The Hill, New York Times, Washington Post, and others, recently reported that four attorneys general have launched a consumer protection investigation of two popular political fundraising websites, WinRed and ActBlue. WinRed and ActBlue are primary fundraising platforms used by the Republican and Democratic parties,… More

WinRed Fights Back Against State Attorneys General Investigations

This blog post was written by Foley Hoag Summer Associate, Nicholas Hanel

Does federal election law preempt state AG investigations against Political Action Committees? WinRed believes so – the GOP fundraising platform has recently filed suit in the District of Minnesota seeking declaratory relief stating that only the Federal Election Commission (FEC) has enforcement power over the organization. A favorable court decision holding that federal law preempts the AGs’ investigations here could create a serious obstacle to future state investigations.… More

AGs Weigh in on SEC Regulation of Climate Change Disclosures

This blog post was written by Foley Hoag Summer Associate, Adam Aguirre

When would-be investors research a company, they often look to the company’s balance sheet and cash flow. But what about the company’s contribution to greenhouse gas emissions? Such information may become readily available if the SEC follows the advice of a coalition of Democratic Attorneys General.

In March 2021, the Securities and Exchange Commission (SEC) began to re-evaluate its regulation of how companies must disclose information regarding climate change,… More

Massachusetts Claims Against ExxonMobil Survive — Wave of the Future or Litigation Sideshow?

This week, Judge Karen Green denied Exxon Mobil’s motion to dismiss claims brought by Massachusetts under its Consumer Protection Act. The complaint alleges that Exxon Mobil both mislead Massachusetts investors in its marketing to them of Exxon Mobil securities and mislead Massachusetts consumers in its marketing of its products to those consumers.  Judge Green rejected Exxon Mobil’s arguments that it was not subject to jurisdiction in Massachusetts with respect to these claims. … More

Supreme Court to Review Sixth Circuit Decision Involving Sovereignty of State Attorney General

Can a state attorney general stand alone?  That is the question posed by an upcoming Supreme Court case concerning Kentucky Attorney General Daniel Cameron’s effort to intervene to defend to a Kentucky statute that was recently struck down by the Sixth Circuit.  The Supreme Court’s answer is likely to have implications in many future situations in which the political persuasions of state attorneys general and other state elected officials differ sharply.… More