Troutman Pepper State Attorneys General Monitor — May 30, 2024
State attorneys general increasingly impact businesses in all industries. Our nationally recognized state AG team has been trusted by clients for 20 years to navigate their most complicated state AG investigations and enforcement actions.
State Attorneys General Monitor analyzes regulatory actions by state AGs and other state administrative agencies throughout the nation. Contributors to this newsletter and related blog include attorneys experienced in regulatory enforcement, litigation, and compliance.
Contact our State AG Team at StateAG@troutman.com.
Troutman Pepper Spotlight
Decoding Privacy Laws: Insights for Small to Mid-Sized Businesses
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In the latest episode of Regulatory Oversight, Troutman Pepper attorneys Gene Fishel and Joel Lutz welcome guests Aurelia Lewis and Beth Saunders of Lewis Media Partners to discuss evolving privacy laws and their impact on small to mid-sized businesses. Aurelia, as founder and president, and Beth, as vice-president, highlight their wealth of knowledge and experience guiding companies through effective advertising including media channel planning and buying.
State AG Updates
Colorado Enacts Groundbreaking Artificial Intelligence Act
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On May 17, 2024, Colorado Governor Jared Polis signed into law Senate Bill 24-205, the Colorado Artificial Intelligence (AI) Act, making Colorado the first U.S. state to enact comprehensive legislation regulating the use and development of AI systems. The act is designed to regulate the private-sector use of AI systems, particularly addressing the risk of algorithmic discrimination arising from the use of so-called “high-risk AI systems.” The law will take effect on February 1, 2026, and the Colorado attorney general (AG) has exclusive enforcement authority.
FTC Noncompete Rule Risks a Wave of State AG Actions
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Published in Law360 on May 23, 2024. © Copyright 2024, Portfolio Media, Inc., publisher of Law360. Reprinted here with permission.
On April 23, the FTC promulgated its final rule banning noncompetes nationwide.
While most commentary has focused on the scrutiny noncompetes would now garner at the federal level, few discussed the waterfall enforcement effect at the state level that would follow as state attorneys general could deploy their broad authority under state unfair or deceptive acts or practices, or UDAP, laws to treat noncompetes as separate and independent violations.
North Carolina Attorney General Reaches $500,000 Settlement in False Claims Act Lawsuit Against Health Care Providers
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North Carolina Attorney General Josh Stein and the U.S. Attorney’s Office for the Middle District of North Carolina have reached a $500,000 settlement with Sharon Raynes Halliday and RAPHA Healthcare Services LLC, resolving a false claims lawsuit filed in July 2022 related to requests for payment submitted to the North Carolina Medicaid program.
Connecticut Attorney General Continues to Target Unlicensed and Unregulated Cannabis Sales
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Last week the office of the Attorney General of Connecticut announced that the state had reached a settlement with HighBazaar over allegations that the organization allowed the unlicensed sale of cannabis, and the presence of minors, at their outdoor social cannabis events in Connecticut. The settlement represents one of many enforcement actions aimed at eliminating the state’s gray market and protecting licensed businesses and consumers.
States Sue the EPA over New Emissions Rule
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A coalition of Republican attorneys general representing 25 states has sued the Environmental Protection Agency (EPA) to block a new rule issued by the Biden-Harris administration as part of a suite of standards promulgated to reduce pollution from fossil fuel-fired power plants.
AG of the Week
Kris Mayes, Arizona
Kris Mayes serves as Arizona's 27th attorney general. Mayes served in a senior role with the Napolitano Administration in the early 2000s before being appointed to the Arizona Corporation Commission. She went on to win two statewide elections and served as a commissioner from 2003 - 2010 and commission chair from 2009 – 2010.
During Mayes' time on the Arizona Corporation Commission, her leadership helped create tens of thousands of high-paying jobs, saved Arizona consumers billions of dollars, and required utilities to produce more clean and efficient energy — including solar and wind. She also worked to preserve Arizona's water resources. Mayes is the first mom and second woman ever to be elected attorney general in Arizona.
before her election as attorney general, Mayes was a professor at Arizona State University's School of Global Sustainability and taught a course on energy law for the Sandra Day O'Connor College of Law at ASU.
Arizona AG in the News
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On May 28, Mayes confirmed that former New York City Mayor Rudy Guiliani had been served with an indictment for allegedly conspiring to prevent the lawful transfer of presidential power in the 2020 election. Guiliani has pled not guilty.
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On May 23, Mayes joined the Department of Justice and 29 other state attorneys general in their antitrust lawsuit against Ticketmaster and Live Nation Entertainment.
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On May 13, Arizona's Supreme Court granted Mayes an additional 90 days to decide whether to pursue further legal action in regard to the 1864 abortion law that was restored earlier this year.
Upcoming AG Events
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June: AGA | 2024 Annual Meeting | CO
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June: RAGA | Summer National Meeting | WV
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June: DAGA | Presidential Retreat | CA
For more on upcoming AG Events, click here.