Announcements, information and updates from CWAG Members and Associates
June 7, 2018
Registration Is Now OPEN To All!
Arizona Attorney General and CWAG Chair Mark Brnovich, and New Mexico Attorney General Hector Balderas invite you to the 2018 CWAG Annual Meeting in Santa Ana Pueblo, New Mexico this July 22 to 25, 2018. Join your colleagues as CWAG explores the most pertinent legal issues during the days and spend the evenings enjoying the land of enchantment at our special events. The meeting website includes travel and hotel information to facilitate air and hotel arrangements, speaker details, CLE information and much more.

Registration is now open, and we encourage you to register now to secure your spot before the conference sells out.
  • Early Bird Registration Deadline: Friday, June 11, 2018 at 5:00 pm Pacific time. All registrations received or finalized after this time will be charged the full registration fee.
  • Final Registration Deadline: *Monday, July 9, 2018 at 5:00 pm Pacific time. No registrations will be accepted after this time. *Registration may close earlier if the meeting sells out.
  • No On-Site Registration.

The CWAG host hotel Hyatt Regency Tamaya Resort and Spa is sold out on Tuesday and Wednesday July 24 and 25. If you have been unable to secure a room, the nearest hotel is the Santa Ana Star Casino hotel.
ANNUAL MEETING PREVIEW
Hot Topics On The Agenda At The 2018 CWAG Annual Meeting
Check out the latest articles on topics that will be addressed during the Annual Meeting in New Mexico!
Opioid Crisis
OPIOID CRISIS
Attorney General Hunter Announces Commission On Opioid Abuse Will Look Deeper into the State Opioid Epidemic
May 31, 2018

Attorney General Mike Hunter and members of the Oklahoma Commission on Opioid Abuse today at a special meeting announced the commission will seek continuation of its work examining the scope of the state’s opioid epidemic next year.

Commission members agreed to recess over the summer months and schedule a meeting in the fall to begin looking at what more needs to be done during the 2019 legislative session, as well as request the legislature continue the commission. The commission members will also look at the recommendations made this year to determine what additional resources are needed by agencies to fully implement this year’s policies.

See all the new laws and how they will combat the state’s opioid epidemic, here: https://bit.ly/2JPI6eN .
AG Schimel Announces “A Dose of Reality” for Tribal Communities, Online Ad Campaign
May 31, 2018

Today, Attorney General Brad Schimel announced the Wisconsin Department of Justice (DOJ) is now offering a Dose of Reality to Native American Tribal Communities on the dangers of misusing opioid and narcotic pain medications. In addition to customized brochures, flyers, and posters, online advertisements will run throughout the summer, targeted at young tribal members and their influencers – parents, caregivers and elders.
 
“Here’s a dose of reality: nonmedical use of opioids in Native American youth occurs two-to-three times more than with other ethnic groups,” said Attorney General Schimel. “I’m excited to partner with tribal communities to bring this new phase of Dose of Reality, and equip tribal communities with tools and resources to prevent opioid abuse.”

Dose of Reality is a statewide prevention campaign designed to raise awareness about prescription drug abuse and its effect on the opioid epidemic. The campaign was launched in September 2015, and has prevention messages for the medical community, students, coaches, parents, educators, employers, and now, tribal communities. The Dose of Reality campaign has also been adopted and deployed statewide in Arkansas, Georgia, Maine, Minnesota, and Nebraska.
Utah Announces Lawsuit Against Purdue Pharma
Lawsuit seeks injunctive relief and damages for negligence, fraud, and misleading marketing practices by OxyContin producer
June 1, 2018

Attorney General Sean Reyes announced that the State of Utah filed a lawsuit against Purdue Pharma for violating state law, including the Utah Consumer Sales Practices Act (CSPA), involving the company’s prescription opioids, including OxyContin.

The complaint was filed in Carbon County, Utah, a rural community with a rich history and diversity that makes it representative of small towns throughout America. Rural communities have been disproportionately impacted by the scourge of opioid addiction and death by overdose, and Carbon County is among the most vulnerable and hardest hit in America.

The lawsuit seeks significant penalties from the company for its illegal conduct and injunctive relief to prevent future harm to Utah. The allegations against Purdue include:
  • Misrepresentation or failure to disclose the risk of addiction of opioids;
  • Misrepresenting that there was no “ceiling dose”– falsely claiming that doctors and patients could increase opioid dosages indefinitely without risk;
  • Making false, unsubstantiated representations about “pseudoaddiction,” and falsely representing to doctors that common signs of addiction in patients are actually signs that the patient needs a higher dose of opioid.
Marijuana, Opioids Rival Alcohol As Factors in Traffic Fatalities
May 31, 2018

Marijuana, opioids and non-alcoholic drugs are more likely to be found in drivers killed in vehicular crashes than alcohol, according to a new study released Thursday by the Governors Highway Safety Association.

The study, titled “Drug-Impaired Driving: Marijuana and Opioids Raise Critical Issues for States,” does not dismiss the danger of drunk driving. But it does find that broader legalization of recreational marijuana use and the ongoing epidemic of opioid addiction have forced a more expansive view of impaired driving. That, in turn, raises the question of what, if any sanctions are appropriate for those who drive while drugged.

In 2016, 44% of fatally-injured drivers with known results tested positive for drugs, up from 28% in 2006. More than half of these drivers had marijuana, opioids or a combination of the two in their system. Over that same period the presence of alcohol in fatally-injured drivers fell slightly from 41% in 2006 to 38% in 2016.
MARIJUANA
Feds Will Target Marijuana Black Market, Overproduction In Oregon  
May 18, 2018

Federal prosecutors will target the illicit marijuana market, organized crime, outlaw grows and operations that "pose a substantial risk of violence" under new guidelines for cannabis enforcement in Oregon made public Friday.

Billy Williams, the U.S. attorney for Oregon, issued the guidelines in response to U.S. Attorney General Jeff Sessions' decision earlier this year to scrap an Obama-era policy that largely tolerated marijuana in states where the drug is legal.

The memo represents the first marijuana policy announcement by a U.S. attorney in a state that's home to a legal market since the Sessions' move.
Law Enforcement Concerns With Transnational Criminal Organizations Infiltrating Colorado’s State-Legal Marijuana Market, Prompts AG Coffman To Ask The Governor For A Veto
June 5, 2018

Colorado Attorney General Cynthia Coffman sent a letter to Colorado Governor John Hickenlooper, requesting a veto of H.B. 1011, citing concerns over criminal drug cartels infiltrating Colorado’s regulated marijuana businesses. Governor Hickenlooper vetoed the bill the same day.

Coffman wrote “H.B. 1011 would not require disclosure of publicly traded companies that own less than five percent of a Colorado marijuana business. There is no similar exception from the disclosure requirements for privately held companies and there is no sound policy basis for such an exemption. By not requiring disclosure or a finding of suitability for publicly traded companies that own less than five percent of a Colorado marijuana business, H.B. 1011 creates a significant loophole in the law that could allow criminal drug cartels to profit from Colorado’s regulated marijuana businesses.” 
ENVIRONMENTAL LAW
US Fifth Circuit Court Of Appeals Grants Nevada’s Motion To Dismiss In Texas Case Involving Yucca Mountain
June 1, 2018

Nevada Attorney General Adam Paul Laxalt announced that the U.S. Fifth Circuit Court of Appeals granted his office’s motion to dismiss in the Yucca Mountain nuclear waste lawsuit filed by the State of Texas. In filing its lawsuit, Texas sought to force congressional funding and rush the Nuclear Regulatory Commission into completing the Yucca Mountain licensing process within a year or less. Texas also sought to prevent the U.S. Department of Energy from pursuing a consent-based siting policy for nuclear facilities.
HATE CRIMES PREVENTION
Attorney General Becerra Launches New Hate Crimes Prevention Webpage
Webpage highlights resources and important information available to the public and law enforcement
May 31, 2018

California Attorney General Xavier Becerra launched the new California Department of Justice (CA DOJ) Hate Crimes Prevention webpage offering the public and law enforcement an online platform to view resources and important information. Included on the webpage are information on the Attorney General’s Hate Crime Rapid Response Team, a brochure on how to identify and report hate crimes, an information bulletin for law enforcement that summarizes California hate crimes laws, and services available to victims. 

As part of the webpage launch, Attorney General Becerra is making available a new brochure that will be offered in nine languages and can be downloaded, printed or shared online.
CONSUMER PROTECTION
Attorney General Rosenblum Issues Price Gouging Consumer Alert Following State of Emergency in Marion and Polk Counties
May 31, 2018

Oregon Attorney General Ellen Rosenblum issued a consumer alert following Governor Brown’s declaration of a state of emergency for contaminated drinking water in Marion and Polk Counties.
 
“Our state’s price gouging law protects people impacted by an emergency from illegal price gouging on food, shelter, bottled water, fuel and other items necessary for the health, safety and welfare of Oregonians,” said Oregon Attorney General Rosenblum. “We have already received consumer complaints from Oregonians who believe they have been the victim of price gouging in the last 48 hours. Anybody else who believes they have been the victim of price gouging, or who has information regarding potential price gouging, should immediately file a complaint at www.oregonconsumer.gov or call the Attorney General’s Consumer Hotline at 1-877-877-9392.”
Attorney General Laxalt Partners with Federal Trade Commission to Educate Consumers on Fraud, ID Theft
May 31, 2018

Nevada Attorney General Adam Paul Laxalt announced that his office is partnering with the Federal Trade Commission (FTC) for a free webinar available to the public. The webinar, titled Fighting Consumer Fraud and Identity Theft in Nevada, begins at 11 a.m. on June 6th.
 
The webinar will be focused on the top scams reported throughout the State of Nevada, and the Attorney General’s Bureau of Consumer Protection and the FTC will partner together to offer tips on how to avoid being scammed and protect yourself from frauds. Topics included in the free webinar will be focused on identify theft, recovering from data breaches, IRS imposter calls, tech support scams, sweepstakes and grant scams, the grandparents scam, charity scams, debt scams, opportunity scams, and small business scams.
SCAM ALERT: AG Balderas Warns New Mexicans of Bogus “Publishers Clearing House” Calls
May 31, 2018

Attorney General Hector Balderas is issuing an alert, as scammers target senior citizens in New Mexico. As part of the scam, callers tell seniors they have won a sweepstakes or lottery. Those seniors are told to keep their lottery winnings confidential. The consumers receive checks in the mail, but those checks don't match the company that called. The scammers tell them to deposit the phony checks, and to make a phone call in which they are told to purchase a gift card or to send a check to cover fees.

The Attorney General urges all consumers NOT to cash the check they may receive based on a scam phone call, and NOT to release any personal or financial information to scammers. If a consumer doubts whether a call is legitimate, the caller can contact the Better Business Bureau or the Consumer and Family Advocacy Services Division of the Attorney General’s Office.

Callers are also encouraged to contact the Federal Trade Commission (FTC) to report the lottery scam. To report to FTC, consumers can file a complaint at ftc.gov/complaint and include “Lottery scam phone call” in the subject line of the complaint.
Attorney General Becerra Issues Consumer Alert After TEACH Grants Are Wrongly Converted to Loans
June 1, 2018

California Attorney General Xavier Becerra issued a consumer alert following news that federal grants awarded to some prospective teachers have been wrongly converted to loans that must be repaid with interest. The Teacher Education Assistance for College and Higher Education (TEACH) grant program is run by the U.S. Department of Education and provides up to $4,000 per year for students who intend to become teachers of a high-need field in a low-income area. Grant recipients must agree to teach full-time for four years and submit documentation of their service to the U.S. Department of Education. Last year, 3,822 students in California received TEACH grants. 

Many teachers have found that their TEACH grants have been converted to loans even though they have fulfilled the requirements of the grant program. Small clerical mistakes, such as a missing signature or date, or a delay in processing paperwork by the servicer, have resulted in grants being converted to thousands of dollars of loans, which must be repaid with interest. Teachers have reported difficulties in getting these mistakes corrected. After receiving complaints, the U.S. Department of Education announced last week that it is now reviewing the grant program.
SCAM ALERT: AG Balderas Warns of Scammers Posing as IRS Agents and Threatening New Mexicans
June 4, 2018

Attorney General Hector Balderas is warning New Mexicans, as scam callers are targeting consumers with aggressive phone calls, posing as IRS agents. Those scam calls range from threats of monetary penalties for lack of tax payments, to threats of immediate arrest. “No matter who calls threatening to represent the IRS, I'm urging New Mexicans not to send any money to these scammers,” Attorney General Hector Balderas said. “Inevitably, they are out to get unsuspecting people to send them money—for absolutely nothing. If the IRS believes you owe money, you will be notified in writing in the mail.”
DATA PRIVACY
Google Emerges As Early Winner From Europe’s New Data Privacy Law
Digital ad giants are gathering individuals’ consent for targeted ads at far higher rates than many competing online-ad services, early data show
May 31, 2018

GDPR, the European Union’s new privacy law, is drawing advertising money toward Google’s online-ad services and away from competitors that are straining to show they’re complying with the sweeping regulation.

The reason: the  Alphabet  Inc. is gathering individuals’ consent for targeted advertising at far higher rates than many competing online-ad services, early data show. That means the new law, the General Data Protection Regulation, is reinforcing—at least initially—the  strength of the biggest online-ad players , led by Google and  Facebook Inc.

Hundreds of companies along the chain of automated bidding and selling of digital ads—from ad buyers to websites that show ads—have been  scrambling to comply  with the law while continuing to target people based on the personal information such as web-browsing histories, offline purchases or demographic details.

Since the law went into effect Friday, Google’s DoubleClick Bid Manager, or DBM, a major tool ad buyers use to purchase targeted online ads, has been directing some advertisers’ money toward Google’s own marketplace where digital-ad inventory can be bought and sold, and away from some smaller such ad exchanges and other vendors. That shift has hurt some smaller firms, where Google says it can’t verify whether people who see ads have given consent.
AILD
Updated American Indian Law Deskbook Is Now Available
*Access may require subscription

The American Indian Law Deskbook  is a concise, direct, and easy-to-understand handbook on Indian law. Indian law is a dynamic, ever-evolving field of law that overlaps other areas of the law as tribes expand their economic and political reach in our society. As the chief legal officers of the states, the State Attorneys General offer a unique insight into Indian law. The states have been parties before the United States Supreme Court and the lower courts to many of the cases that have shaped Indian Law over the years. The chapter authors of this book are experienced state lawyers who have been involved in Indian law for many years.

American Indian Law Deskbook  addresses the areas of Indian law most relevant to the practitioner. Topics include:
  • Definitions of Indians and Indian tribes
  • Indian lands
  • Criminal, civil regulatory, and civil adjudicatory jurisdiction
  • Civil rights
  • Indian water rights
  • Fish and wildlife
  • Environmental regulation
  • Taxation
  • Gaming
  • Indian Child Welfare Act and tribal-state cooperative agreements
AG ELECTION TRACKER
Follow the 31 AG Races in 2018 on this Interactive Website
A significant number of states, 30 and the District of Columbia, have contests for the Office of Attorney General. Cozen O’Connor’s State Attorneys General Practice hosts an interactive map for those interested in following the races throughout the country. The State AG Election Tracker includes state-by-state AG candidate snapshots, filing deadlines and primary election dates; daily news, insights, polling and fundraising data; and the ability to sign up for real-time election-night updates via text and email. Access is free.
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