Ballot Question Fights Looming in 2020

As a quick glance at any news outlet makes clear, the 2020 Election cycle is in full swing. While the early press coverage is already focusing on the large field of aspiring presidential nominees barnstorming in Iowa, New Hampshire, and South Carolina, by August 2019 Massachusetts voters will also get an early look at which state ballot questions will be seeking a spot on the November 2020 Massachusetts ballot.… More

Partner Colin Zick Discusses Why Law Firms Are Building State Privacy Practices as Enforcement Heats Up with Bloomberg Law

Partner Colin Zick speaks to Bloomberg Law about how big law firms are expanding their state-focused practices to help clients deal with heavy state fines for alleged privacy violations.

Companies are turning to state-centric practices “because they see the threats from individual state enforcers,” Zick said. They want expertise from former officials, like former Massachusetts Attorney General Martha Coakley, who know the proper approach to limit enforcement risks,… More

New Attorney General Spotlight: Nevada AG Aaron Ford

Aaron Ford will bring a wide array of legal and political experiences, as well as consumer protection zeal, to the Nevada Attorney General’s Office in his coming four year term.  Ford has been a political force in Nevada since his election to the Nevada State Senate in 2012, after which he served as Minority Leader from 2014 – 2016, and Majority Leader from 2016 – 2018, following Nevada Democrats’ re-taking of the Senate chamber in 2016.… More

Exxon Mobil Loses at Supreme Court; Massachusetts Investigation Will Proceed

Last April, I predicted that the Massachusetts Supreme Judicial Court’s decision to allow Attorney General Maura Healey’s civil investigative demand regarding Exxon’s knowledge of climate change to proceed had “ended a significant chapter in [the] long-running dispute.”  In fact, that chapter managed to continue through January 7, 2019, when the United States Supreme Court rejected Exxon’s petition to review the SJC’s decision.

Exxon’s certiorari petition accuses the Massachusetts courts of “a breathtaking assertion of personal jurisdiction” that “flouts core notions of due process,” arguing that Exxon’s ability to control the advertising of its licensees in Massachusetts did not constitute sufficient contact with Massachusetts to be subject to a CID. … More

Cybersecurity 2019 — The Year in Preview: New Attorneys General and Trends in State Data Privacy Laws

Whether it was a Blue Wave or a “Big Victory,” the midterm elections unequivocally transformed state regulatory and enforcement landscapes by sweeping in four new Democratic Attorneys General and earning Democrats a majority of those key policymaking positions.  The Democrats flipped four offices with Aaron Ford (NV), Phil Weiser (CO), Dana Nessel (MI) and Josh Kaul (WI) each claiming victory over GOP opponents. … More

New Attorney General Spotlight: Colorado AG-elect Phil Weiser

This blog post is one of a series of posts highlighting newly elected Attorneys General, and commenting on how their priorities may differ from their predecessors’. Click here to read the full series.

Democratic AG-elect Phil Weiser will bring a strong academic and policy background to the Colorado AG’s office in 2019, following his defeat of Republican George Brauchler by a 51.60% to 45.13% margin. … More

New Attorney General Spotlight: Michigan AG-elect Dana Nessel

This blog post is one of a series of posts highlighting newly elected Attorneys General, and commenting on how their priorities may differ from their predecessors’. Click here to read the full series.

Before election on November 6, Michigan AG-elect Dana Nessel worked as an assistant prosecutor, a civil rights lawyer, and a defense attorney. She is best known for her work as lead attorney for plaintiffs April DeBoer and Jayne Rowse,… More

New Attorney General Spotlight: Wisconsin AG-elect Josh Kaul

This blog post is the first installment in a series of posts highlighting newly elected Attorneys General, and commenting on how their priorities may differ from their predecessors’. Click here to read the full series.

Wisconsin’s new Attorney General, Democrat Josh Kaul, won a narrow victory over the incumbent Republican, Brad Schimel, by about 20,000 votes.  Before his election Kaul was an associate at Jenner &… More

MA AG Announces Settlement with Lord & Taylor Resolving Complaints of Racial Profiling in Retailer’s Shoplifting Prevention Program

On November 13, 2018, Massachusetts Attorney General Maura Healey announced a $100,000 settlement with Lord & Taylor LLC (“Lord & Taylor”) to resolve allegations that the clothing retailer’s shoplifting prevention program disproportionately targeted black and Hispanic customers. Lord & Taylor also agreed to hire an expert to review its shoplifting policies and help create safeguards against implicit bias. In addition, the company’s employees will receive yearly anti-bias training,… More

A Trap for the Unwary: Cannabis Health Claims Likely to Draw Scrutiny from Advertising Regulators

With the opening of the East Coast’s first marijuana retailer just days away, consumers in Massachusetts may soon begin seeing advertisements promoting all manner of cannabis products, services, and establishments.  The state’s Cannabis Control Commission has drafted regulations that place restrictions on marijuana advertising, but even with those restrictions, there is still plenty of opportunity for retailers and product manufacturers to promote cannabis to consumers,… More