Announcements, information & updates from the Attorney General Alliance Members and Associates
July 22, 2022
|
|
Industry Updates from the Bourbon State
280 W Jefferson St, Louisville, KY 40202
The Attorney General Alliance is pleased to host the upcoming Regulators Conference in Louisville, Kentucky, on August 3-4, 2022. The event will commence with an opening dinner on Wednesday, August 3rd, followed by a day of legal programming on Thursday, August 4th. Please join us as we discuss industry updates and explore issues regarding the regulation of the sale, service, and public consumption of alcohol products. Presentations will feature expert speakers that will help alcohol regulators and others stay informed about laws and best practices that govern the alcohol industry.
If you have any questions regarding logistics, please don’t hesitate to contact Ale Stephens, Director of Events at astephens@agalliance.org or 303.304.9206.
|
|
ATTORNEY GENERAL HIGHLIGHT |
|
The National Bar Association has announced that Nevada Attorney General Aaron D. Ford will be honored with an inaugural Power 50 Award at the Association’s 97th Annual Convention and Exhibits on July 27 in Memphis, Tennessee. The award is presented to members of the legal profession who have practiced for over 15 years and are accomplished in all areas of the legal profession. It is presented for “exemplary careers and selfless commitment to the legal community.”
The National Bar Association was founded in 1925 in Des Moines, Iowa, by 12 Black founders who focused on civil rights and justice. Some of these founders had been denied membership in the American Bar Association. It now represents more than 60,000 members of the legal profession, from law students to judges.
|
|
“To be chosen as a recipient of this award is a great honor. The National Bar Association is the oldest and largest organization of Black legal professionals, and to be honored in this way – by this historic organization – is an accolade of which I am deeply proud.”
-- Nevada Attorney General Aaron D. Ford
|
|
Utah Attorney General Sean D. Reyes filed motions to dismiss the lawsuit filed against two school districts, their Superintendents, and the Utah High School Activities Association over the participation of athletes in high school sports competitions. The Plaintiffs allege the new state law, HB 11, violates the Utah Constitution.
The State argues that Plaintiffs do not allege viable claims under the Constitution and that the Legislature is best situated and constitutionally vested with the power to balance the competing interests at stake. The State also filed its opposition to the Plaintiffs’ request for a preliminary injunction that would enjoin the law pending litigation.
|
|
VOTING RIGHTS ACT PROTECTION |
|
Attorney General Aaron D. Ford announced he has joined a coalition of 21 attorneys general urging the Supreme Court not to undo four decades of legal precedent protecting the voting power of minority communities in the pending case Merrill v. Milligan.
In a brief filed in the case, the coalition of attorneys general argue that the Supreme Court should affirm a lower court’s ruling that Alabama’s congressional district maps violate the Voting Rights Act and must be redrawn.
Under the Voting Rights Act, states may not draw legislative districts that dilute minority voting power and prevent communities of color from having a chance to elect their preferred candidates. The Supreme Court established standards for assessing the fairness of districts in the 1986 case Thornburg v. Gingles, and states have relied on that framework ever since. In their brief, the states also correct misrepresentations Alabama makes about vote dilution claims under the Voting Rights Act.
AG Ford joins AGs Racine and James on the brief, as well as the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, Oregon, Pennsylvania, Rhode Island, Vermont, Washington and Wisconsin.
|
|
ANTITRUST & DISCRIMINATION |
|
Seventeen Attorneys General sent a multistate letter to Google, led by Virginia Attorney General Jason Miyares and Kentucky Attorney General Daniel Cameron, expressing concerns about recent political pressure and promising to investigate potential violations of antitrust laws and religious discrimination.
Joining in on the comment letter are Attorneys General of Alabama, Arizona, Arkansas, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Carolina, Texas, Utah, Virginia, and West Virginia.
|
|
California Attorney General Rob Bonta led a coalition of nine attorneys general in urging Congress to respect the role of states to enforce and provide for strong consumer privacy laws while advancing legislation enacting long-overdue privacy protections nationwide. The states call on Congress to create a baseline of consumer privacy laws that do not preempt states’ ability to respond with legislation to address changing technology and data protection practices. Numerous states already have strong privacy protections in place — including California — and state laws and enforcement are critical to protecting consumers and their data.
Attorney General Bonta is joined by the attorneys general of Connecticut, Illinois, Maine, Massachusetts, Nevada, New Jersey, New Mexico, New York, and Washington in filing this comment letter.
|
|
FEDERAL EDUCATION & EMPLOYMENT LAWS |
|
Twenty attorneys general successfully obtained a preliminary injunction to stop the current Administration from enforcing expansive and unlawful interpretations of federal education and employment laws.
The complaint challenges federal guidance concerning sexual orientation and gender identity discrimination. The Equal Employment Opportunity Commission (EEOC) and the Department of Education issued the guidance. It purports to resolve highly controversial and localized issues. The coalition’s lawsuit argues that the agencies have no authority to resolve these sensitive questions unilaterally, let alone to do so without providing the public with notice and an opportunity to comment.
The following states were party to the challenge: Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, and West Virginia.
|
|
A bipartisan coalition of attorneys general joined together in urging the U.S. Food and Drug Administration (FDA) to swiftly adopt final product standards banning menthol cigarettes and flavored cigars from the U.S. marketplace. FDA action to remove menthol cigarettes and flavored cigars are long overdue and supported by ample scientific evidence. In the letter, the coalition specifically highlights the need to remove these products from the marketplace to protect public health and address the systemic and disproportionate impact of these products on minority communities and other vulnerable populations.
The attorneys general of California, Colorado Connecticut, Delaware, the District of Columbia, Hawaii, Idaho, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Mexico, New York, North Carolina, Pennsylvania, Rhode Island, South Dakota, Vermont, and the territories of Guam, Puerto Rico, and the U.S. Virgin Islands are all included in filing the comment letter.
|
|
AGA Sponsor Foley Hoag is an award-winning, mid-sized, international law firm that focuses on innovative industries and high-stakes litigation. The diverse backgrounds, perspectives and experiences of their lawyers and business services professionals contribute to the exceptional service they deliver to clients.
Former Massachusetts Attorney General Martha Coakley has rejoined AGA Sponsor Foley Hoag LLP as Co-Chair of the firm's State Attorney General practice, bringing decades of experience at the highest levels of civil and criminal law. Coakley will focus her practice on representing clients in matters involving State Attorney General and associated investigation matters. Coakley’s legal career spans more than 30 years, most notably her eight years as the first woman Massachusetts Attorney General, from 2007-2015.
Coakley will serve as Co-Chair of the State Attorney General practice, along with Kevin Conroy, Harlan Levy, and Dean Richlin. Conroy is a former Massachusetts Deputy Attorney General and Richlin is a former Massachusetts First Assistant Attorney General. Levy, a former NY Chief Deputy Attorney General, recently joined Foley Hoag's New York office.
|
|
AGA Sponsor Kelley Drye announced that they recently teamed up with the State of Alaska Governor Mike Dunleavy as he exhausted all options before filing a complaint today in U.S. District Court to compel the U.S. government to take responsibility for and address contaminated sites that it conveyed to Alaska Natives beginning some 50 years ago as part of the land exchanges under the Alaska Native Claims Settlement Act (ANCSA).
Alaska Natives agreed to relinquish their aboriginal land rights in exchange for 44 million acres of land from the federal government under ANCSA in 1971. Neither Alaska Native people nor Alaska residents expected that these lands would be contaminated.
The State of Alaska is also filing comprehensive Freedom of Information Act requests with the DOI/BLM, the Federal Aviation Administration, the United States Air Force, and the United States Army to obtain information that the DOI and BLM have not voluntarily shared with the State, including information regarding the nature and extent of any response activities at the identified contaminated sites. The filed complaint is the latest in a series of actions taken by the State to urge the federal government to take responsibility for contaminated lands it transferred to Alaska Natives.
The federal government, however, has disclaimed any responsibility in letters sent on January 6, 2022, and April 8, 2022.
|
|
Missed our live programs? No problem! Follow the button below to visit our Virtual Seminar Library for access to all recordings.
Do you have a webinar topic suggestion? We want to hear from you! Please email ideas to Patricia Salazar at PSalazar@AGAlliance.org.
|
|
CWAG Executive Committee
AG Alliance Co-Chairs
|
|
Attorney General Alliance 5050 | Laguna Blvd., Ste. 112-323 | Elk Grove, CA 95758
|
|
|
|
|
|
|
