Announcements, information and updates from CWAG Members and Associates
June 13, 2019
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Articles on topics relevant to the work of Attorneys General around the nation.
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OPIOID CRISIS/MARIJUANA
CNBC
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CWAG ANNUAL MEETING SANTA BARBARA
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The CWAG Annual Meeting
June 17 - 20, 2019
Santa Barbara, CA
The Conference of Western Attorneys General, New Mexico Attorney General and CWAG Chair Hector Balderas, and California Attorney General Xavier Becerra look forward to seeing our registered attendees at the CWAG 2019 Annual Meeting in Santa Barbara, California this June 17 to 20, 2019. While the meeting itself is now sold out, we are excited to announce that some of our sessions will be
live streamed throughout the conference. As always, the full conference will be available for complimentary viewing on the CWAG website 2 weeks after the close of the event, and most sessions will be available for CLE credit via our partnership with West LegalEdCenter after the event as well.
Our draft agenda is now available below, we will see you soon!
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ESPN and Fox Ante Up for Sports-Betting Jackpot
The Wall Street Journal
June 10, 2019
ESPN is covering the NBA Finals between the Golden State Warriors and the Toronto Raptors from every conceivable angle.
Sports gambling is only legal in a handful of states yet many of the major sports broadcasters are grabbing a piece of the action. The broadcasters are trying to capitalize on a Supreme Court ruling in 2018 that determined elements of a law banning sports betting in most states were unconstitutional.
Sports gambling is now active to varying degrees in eight states, and bills to legalize the practice have been passed in several others.
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We look forward to further discussing this issue in the Online Sports Betting panel at the CWAG Annual Meeting.
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Tuesday, June 18, 2019
11:15am – 12:00pm
Online Sports Betting
Moderator: Alan Wilson, South Carolina Attorney General
- Brian Kane, Assistant Chief Deputy Attorney General, Idaho Attorney General’s Office
- Stanton Dodge, Chief Legal Officer, DraftKings
- Chris Cylke, Vice President, Government Affairs, American Gaming Association
- John Pappas, Public Affairs, Geocomply
Panel Overview:
In the aftermath of DOJ’s release of its updated opinion on the application of the Wire Act of 1961 (18 U.S.C. §1084) in January, states and the gaming industry are continuing to weigh its potential impact. Reversing the government’s 2011 position, the recent opinion re-interprets the Wire Act’s prohibitions to apply to any form of gambling that satisfies the statute’s interstate commerce requirements—not just online sports betting. This decision effects industrywide systems and practices founded on long-held understandings and precedent limiting the statute’s application to sports wagering. Additionally, this decision potentially imperils state-operated lotteries, along with online gaming, intrastate gambling, and brick-and-mortar casinos. It may also reach interstate lottery games such as Powerball: on the face of DOJ opinion, many purely intrastate state lotteries and interactive gaming devices (progressive slot games, etc.) located throughout the country that use the Internet to transmit data in support of their operations could suddenly be deemed illegal by DOJ. This panel will explore the impact of this opinion on States and industries and the future of gaming and fantasy sports.
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New York's Privacy Bill Is Even Bolder Than California's
Wired
June 4, 2019
As tech giants and lobbying groups race to defang California’s landmark consumer privacy law before it takes effect next year, lawmakers on the other side of the country are considering a bill that's even more drastic.
The New York Privacy Act, introduced last month by state senator Kevin Thomas, would give residents there more control over their data than in any other state. It would also require businesses to put their customers’ privacy before their own profits. The bill is still seeking a cosponsor in the state assembly, but Thomas says he is confident that he has majority support in the senate and hopes to pass the bill this summer. The Committee on Consumer Protection, which Thomas chairs, is scheduled to hold a hearing on the bill Tuesday.
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We look forward to further discussing this issue on the AG Roundtable on Data Privacy at the CWAG Annual Meeting.
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Thursday, June 20th, 2019
11:45am – 12:30pm
AG Roundtable on Data Privacy
Moderator: Doug Peterson, Nebraska Attorney General
- Joe Sciarrotta, Division Chief Counsel, Civil Litigation Division, Arizona Attorney General’s Office
- Sheila Colclasure, Senior Vice President, Global Public Policy, LiveRamp
- Tania Maestas, Chief Deputy Attorney General, New Mexico Attorney General’s Office
Panel Overview:
A Conversation with State Attorneys General on Privacy and Navigating Consumer Protection
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FINTECH REGULATORY SANDBOX
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Regulatory Sandboxes - The Debate Continues at CWAG Annual Meeting
A great deal of discussion has occurred over the last several years about the pros and cons of “regulatory sandboxes.” A regulatory sandbox essentially involves a trade-off wherein a government, by either statute or regulation, attempts to lower the cost of entry to a particular market by de-regulating or easing regulations imposed on certain entities to invite innovation, infuse capital or foster new ideas. Attorneys General have a keen interest in this concept given their dual role as consumer protector and regulator also charged with ensuring parity for business and consumers alike. Some believe strongly the sandbox approach is a benefit to consumers – when implemented carefully – and indeed, the State of Arizona has often been held out as a model. Attorney General Brnovich implemented a regulatory sandbox there; other states have looked at the concept but none have implemented a program. Many other states, however, are reluctant to embrace the sandbox approach deeming the practice risky and subject to abuse. Recently, the federal government engaged in rulemaking on a national sandbox approach and Attorneys General from across the country engaged in the debate by providing their comments. The Attorneys General were not unified in their views. See specifically the comment letters below. Paul Watkins, Director of the Consumer Financial Protection Bureau’s Office of Innovation, will be presenting on this idea and available for questions from all Attorneys General at the upcoming CWAG Annual Conference in Santa Barbara, California.
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We look forward to further discussing this issue on the FinTech Innovation and Regulation panel at the CWAG Annual Meeting.
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Thursday, June 20th, 2019
9:45am – 10:15am
FinTech Innovation and Regulation
Moderator: Eleasalo Ale, American Samoa Attorney General
- Paul Watkins, Director of the Office of Innovation, the Bureau for Consumer Financial Protection (CFPB)
- Jonathan Razi, Chief Executive Officer, CardX
Panel Overview:
The statutory mission of the CFPB includes facilitating innovation, competition and consumer
access within financial services. A FinTech Regulatory Sandbox is designed to facilitate
innovation within the highly regulated environment of financial services.
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CORPORATE COMPLIANCE PROGRAMS
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DOJ Updates Guidance for Corporate Compliance Programs
Authors: David Blake and Parya Mahmoudi
June 11, 2019
The US Department of Justice (DOJ) announced an update to its 2017 guidance on how the DOJ will evaluate the effectiveness of a company’s corporate compliance program. The updated compliance guideline (Updated Guidance) utilizes a more instructive approach, serving as a roadmap to prosecutors, and prudent companies. Although not binding on prosecutors, the Updated Guidance will likely strongly impact the way the DOJ evaluates corporate compliance programs during investigations and settlement negotiations. In prior guidance, the DOJ provided to prosecutors only examples of topics, sample questions, and relevant factors to evaluate a corporate compliance program. The new guidance provides a robust explanation of how prosecutors identify and evaluate various elements of a compliance program. This provides useful guidance for companies that wish to bring their programs in line with best practices.
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Colorado Joins Multi-State Coalition to Block T-Mobile and Sprint Megamerger
June 11, 2019
Colorado joined nine states in filing a multi-state lawsuit to halt the proposed merger of telecom giants T-Mobile and Sprint. The complaint alleges that the merger of two of the four largest national mobile network operators would deprive consumers of the benefits of competition and drive up prices for cellphone services.
The complaint was filed under seal in United States District Court for the Southern District of New York. States that joined the lawsuit include: California, Colorado, Connecticut, the District of Columbia, Maryland, Michigan, Mississippi, New York, Virginia, and Wisconsin.
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Wisconsin Attorney General Kaul & Coalition Advise FTC on Consumer Protection on Digital Platforms
June 12, 2019
Attorney General Josh Kaul, along with a coalition of 43 attorneys general, are urging the Federal Trade Commission (FTC) to develop new antitrust policies to enhance healthy market competition in on digital platforms.
Attorney General Kaul is joined in filing these comments by the attorneys general of Alaska, California, Colorado, Connecticut, Delaware, District of Columbia, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, and Washington.
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Texas First Assistant Attorney General Jeff Mateer to FTC: Big Tech Companies Must Comply with State Deceptive Trade Practices Law
June 12, 2019
At a roundtable of state attorneys general hosted by the Federal Trade Commission, Texas First Assistant Attorney General Jeff Mateer questioned whether big tech companies mislead users and run afoul of the states’ deceptive trade practices laws when they represent their social media platforms as viewpoint neutral and open to all protected speech.
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Oregon Attorney General Rosenblum and Other Leaders to Distribute “Elder Abuse Pocket Guides” for World Elder Abuse Day
June 11, 2019
In commemoration of World Elder Abuse Day tomorrow, June 12, 2019, Oregon Attorney General Ellen Rosenblum, U.S. Attorney Billy J. Williams, Portland Police Chief Danielle Outlaw, and Oregon DHS Aging and People with Disabilities Director Ashely Carson Cottingham will distribute new Oregon “Elder Abuse Pocket Guides” created by the Oregon Department of Justice at the Hollywood Senior Center in Portland. They will also meet tomorrow with seniors to discuss emerging scams, frauds and ways they can protect themselves and their families.
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