Attorney Generals

News & Analysis as of

Minnesota AG Settles Suit Against California Online Lender Relating to Alleged “Rent-a-Tribe” Scheme

On August 19, the Attorney General’s Office for the State of Minnesota (Minnesota AG) announced that it had settled a lawsuit against a California-based online lender relating to an alleged “rent-a-tribe” scheme. The...more

CFPB proposes rule expanding disclosure of confidential supervisory information to state AGs

Without an announcement, the CFPB has proposed a rule that would expand its discretion to share confidential supervisory information (CSI) with state attorneys general and other agencies that do not have supervisory authority...more

New York A.G. Announces $100k Settlement Over Data Breach

On August 5, New York Attorney General Eric T. Schneiderman announced a settlement with Provision Supply, LLC d/b/a EZcontactsUSA.com, imposing $100,000 in penalties and ongoing obligations to maintain certain security...more

NY Attorney General Schneiderman Declares “War” on Non-Compete Agreements That He Perceives as Overbroad

In an initiative that is virtually without precedent in New York, in the past two months (June 15, June 22 and August 4) Attorney General Schneiderman announced agreements with three separate companies in three different...more

NYAG Announces Settlement with Synergy Fitness for Improper Billing

This week, the New York State Attorney General (the “Attorney General”) announced that it had settled with nine Synergy Fitness (“Synergy”) health clubs over alleged deceptive and improper billing practices. Specifically,...more

New York’s Fantasy Sports Law at Work

On August 3, 2016, Governor Andrew Cuomo signed a law legalizing fantasy sports in New York. The timing is critical to the industry, as it may enable major fantasy sports providers to reopen operations in New York by the...more

2 for 1—Private and Government Actions Regarding Price Comparisons

Amazon made recent news for pricing items without stating a list price or whether an article was on sale or was offered at a discounted cost. The policy was based on the idea that Amazon's numerous Prime members would buy...more

State Attorneys General on the Attack Against Noncompete Overuse

Too much of a good thing can be bad – a maxim that some employers have historically ignored by requiring entire workforces, including rank-and-file employees, to submit to post-employment noncompete obligations as a condition...more

Illinois AG Rules That Public Employees' Personal Emails Are Public Records - Messages Pertaining to Public Business in Personal...

Illinois Attorney General Lisa Madigan has issued a binding opinion under the state's Freedom of Information Act (FOIA) that email messages sent or received through public employees' personal email accounts may be public...more

DOJ Files FCA Complaint Against Recipient of Grant Funding

The FCA began as a response to procurement fraud by military contractors during the Civil War. In the intervening years, its reach has extended and increasingly the government is using the FCA as a tool in the context of...more

New Federal Law Will Require Disclosure of GMO Content in Food

A new federal law will require food makers to disclose when foods contain genetically modified ingredients. The law, which was recently signed by President Obama, will require such food products to be labeled with text,...more

Advertising Law - August 2016 #2

Electric Toothbrushes Battle It Out Before NAD - In a battle over electric toothbrushes, the National Advertising Division determined that Procter & Gamble can support superiority claims for its Oral-B models challenged...more

Gun Manufacturing's Large Role in MA Economy Has Not Deterred AG Healey

It was good, I guess, that the Massachusetts Medical Society weighed in on August 9th in favor of Attorney General Maura Healey’s actions strengthening the state ban on assault weapons by expressly having it cover an array of...more

Cybersecurity and Data Privacy: Attorney General Reaches Six-Figure Settlement With Entity That Failed to Provide Required Data...

A recent settlement announced by the New York Attorney General’s Office has made clear that failing to provide the required notifications after experiencing a data breach can prove very costly. On August 5th, the Attorney...more

New York State Attorney General Orders Companies to Stop Making Anti-Zika Claims In Connection with Minimum Risk Pesticides and...

On August 3, 2016, the New York State Attorney General issued cease-and-desist letters to seven companies making pesticidal claims to prevent or protect consumers against the Zika virus. The claims at issue were made in...more

Corporate Law & Governance Update - August 2016

The Hershey Governance Settlement - On Friday, July 29, the Pennsylvania Attorney General, the Hershey Trust Company and the Milton Hershey School, entered into a written settlement resolving an investigation conducted...more

Federal Judge: Arkansas Law Prohibiting Political Robocalls is Unconstitutional

A federal judge in the U.S. District for the Eastern District of Arkansas recently held that an Arkansas state law prohibiting political robocalls is unconstitutional. Under the Arkansas Code, - It is unlawful for...more

Unfair Competition in the Wine Industry

California counties are increasingly using California’s Unfair Competition Law (UCL) to bring government enforcement actions against local businesses for myriad reasons. California’s UCL is extremely broad, encompassing...more

FRANCHISOR 101: Outdated FDDs and Unregistered Franchises

The California Department of Business Oversight ("DBO") recently issued three Orders against franchisors for violating California's franchise laws....more

Seventh Circuit: Insurer Has Duty To Defend West Virginia’s Suit Against Drug Distributor Seeking To Recover Amounts Expended By...

Based on the policy language before it, the U.S. Court of Appeals for the Seventh Circuit recently found that an insurer has a duty to defend a pharmaceutical distributor in a lawsuit brought by West Virginia’s attorney...more

NY Attorney General Tightens the Screws on Direct Marketing Industry

In a move that will no doubt have ripple effects across the direct marketing industry, the New York Attorney General has reached a settlement with two marketers regarding allegations of deceptive advertising practices. If...more

NYAG Announces Deceptive Advertising Settlements

Last week, the New York State Attorney General (the “Attorney General”) announced settlements with two separate companies relating to claims involving allegations of deceptive advertising and billing practices. The...more

NY Attorney General Announces Infomercial Settlements

This week, the New York Attorney General announced that it had settled investigations with two companies for deceptive sales practices related to infomercials. ?One company agreed to pay $700,000 to settle the investigation...more

Exempt Organizations: Potential Amendments to the Nonprofit Revitalization Act of 2013 - New York State Legislature Adopts Bill...

On June 16, 2016, the New York State Legislature adopted yet another round of modifications to the Nonprofit Revitalization Act of 2013 (the "NPRA"). The latest revisions to the NPRA are found in Senate Bill No. S07913B (the...more

New PAGA Amendments Fail to Substantively Address Employers’ Concerns

Governor Brown recently approved Senate Bill No. 836, which amends the Private Attorneys General Act (“PAGA”) in a few minor technical ways, including new filing and notice requirements. Although employers had hoped for...more

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