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
Category Archives: Requests for Information
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
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
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
As holiday moviegoers shattered box office records this past weekend, both the Department of Justice and ten state attorneys general were in the midst of investigating why so many movie fans were headed to so few theater chains.
Ohio AG Mike DeWine’s office confirmed on Friday that he has been investigating the nation’s three largest movie theater chains — AMC, Cinemark, and Regal — for possible antitrust violations.… 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