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

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

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

A recent lawsuit filed by Twitter against Texas AG Ken Paxton claims that an investigation into the company’s internal content moderation policies violates the First Amendment.

On January 13, Paxton issued a civil investigative demand (CID) to Twitter seeking information related to the company’s policies and procedures for content moderation. In addition to requesting all versions of Twitter’s terms of use,… More

Just over a year ago, the city of Berkeley, California, became the first City in the United States to ban natural gas hookups in new buildings.  The trend of municipalities enacting fossil fuel bans, driven by a desire to reduce greenhouse gas emissions and combat climate change, has spread across California and a few other states and has now reached the east coast.  Yesterday, the Massachusetts Attorney General’s Municipal Law Unit struck down the first such municipal fossil fuel ban to come across its desk as inconsistent with the general laws of the Commonwealth.… More

On June 4, 2020, the Massachusetts Office of the Attorney General (AGO) filed a petition with the Department of Public Utilities (DPU) requesting that the DPU open an investigation “to assess the future of local gas distribution company (LDC) operations and planning in light of the Commonwealth’s legally binding statewide limit of net-zero greenhouse gas (GHG) emissions by 2050.” Citing Massachusetts’ Global Warming Solutions Act, and the Executive Office of Energy and Environmental Affairs’ Determination of Statewide Emissions Limit for 2020,… More

Last week, a federal judge blocked the enforcement of Massachusetts regulations that temporarily restrict debt collection practices during COVID-19.  According to the judge, the regulations violate the First Amendment rights of collection agencies without adding useful protections for consumers.

Massachusetts Attorney General Maura Healey issued the emergency regulations (which Foley Hoag summarized here) on March 27, 2020.  The regulations prohibit creditors from confronting a debtor in person,… More

What do businesses need to do to comply with privacy and data security laws?  The first place to look is to relevant statutes.  If you store or process the personal information of Massachusetts residents, then you will at least be subject to the Massachusetts Data Breach Notification Statute and related security regulations.  These are important guides that require certain operational activities, such as maintaining a written information security program,… More

Earlier today, Massachusetts Attorney General Maura Healey announced emergency regulations temporarily restricting debt collection practices during the COVID-19 crisis. The Attorney General’s Office has long maintained regulations, promulgated under the Massachusetts Consumer Protection Law, that regulate the frequency and manner in which a creditor or debt collector may communicate with a debtor. The emergency regulations create additional restrictions on these communications for 90 days or until the State of Emergency declared by the Governor has expired.… More

In the wake of the COVID-19 pandemic, state Attorneys General have asserted their authority in a variety of ways, from issuing new guidance and regulations on price-gouging to stepping up enforcement of state laws on employment and health care.  Foley Hoag’s team of former senior Attorney General staffers and other attorneys will discuss how AG Offices around the country are refocusing their resources to address the crisis and what that might mean for their non-COVID-19 cases. … More