State AG Insights

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…
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…
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.  Ford and Kaul each unseated GOP incumbents.  While these new…
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.  Weiser served as the Dean of the University of Colorado…
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, whose lawsuit was…
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 & Block, a federal prosecutor in Baltimore, and a voting…
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, and Lord & Taylor will develop a…
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, particularly online and on mobile apps, where age screens help…
This week was the Retail Industry Leaders Association (RILA) Retail Law Conference in Austin, Texas. For the first General Session, Foley Hoag’s Martha Coakley, who chairs our State Attorney General Practice, spoke with Tim Cheatham, Senior Vice President and General Counsel of Wal-Mart, about exploring collaboration between Attorneys General and General Counsel. Martha, a former Attorney General of Massachusetts, and Tim, the General Counsel of America’s largest retailer, were uniquely positioned to discuss ways in which…
Foley Hoag attorneys Martha Coakley and Emily Nash present a webinar for in-house counsel discussing the best practices for companies to effectively collaborate with the Attorney General and other regulators. They share strategies for building a strong partnership with state government officials and how that can improve business resources and success. Topics include: Attorney General Offices: How are they structured for decision-making Top issues that Attorneys General are likely to get involved with in the…