Announcements, information & updates from the Attorney General Alliance Members and Associates
October 21, 2021
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Cannabis Law Deskbook
The AGA and Thomson Reuters are proud to announce the release of the Cannabis Law Deskbook!
This work is a broad, in-depth accounting of the complexities found in the ever-evolving field of cannabis law, authored by public sector attorneys and staff who are on the front lines in states implementing groundbreaking cannabis adult-use and medical programs.
A special thanks to Attorneys General Phil Weiser (CO) and Wayne Stenehjem (ND), who co-authored the Foreword.
Click the link below to visit Thomson Reuters' online store.
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The Las Vegas National Bar Association (LVNBA) announced that the Nevada Attorney General's Office will be honored as the Law Firm of the Year at the Annual Scholarship Gala and Ruby Red 40th Anniversary Celebration.
The LVNBA, the country’s oldest and largest association of predominantly African-American lawyers, judges, law professors, and other legal professionals. Each year, the LVNBA awards the Law Firm of the Year Award to a law firm in Southern Nevada that has handled matters that benefit the community and demonstrated a commitment to diversity in its office.
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New York’s Martin Act sets forth a broad list of instruments that are declared to be securities. As courts have stated for almost a century, the Martin Act is a remedial statute, intended to protect the investing public, which means that its provisions — including those setting forth the definition of a “security” — are to be given a broad reading.
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Alaska Attorney General Treg Taylor is warning Alaskans of scammers seeking to swindle Alaska consumers who want to sell their timeshares. There are unscrupulous companies that are advertising free meals or gift cards to timeshare owners who attend their presentations. During these presentations, which often take place in area hotels, the scammers use hard sales tactics to pressure consumers. The scammers give consumers the impression that the only way to get out of their timeshare is to sign a contract and pay money immediately. However, after the consumer hands over thousands of dollars, these companies do little or nothing to help the consumer sell their timeshare or otherwise exit their timeshare agreement.
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The Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), and North Carolina Attorney Josh Stein filed an amicus brief in support of the consumer plaintiffs in Henderson v. The Source for Public Data, L.P. The case is currently on appeal before the U.S. 4th Circuit Court of Appeals. The plaintiffs allege The Source for Public Data is a consumer reporting agency that uses the internet to obtain public records and assemble them into consumer background check reports for its customers.
“This case highlights a dangerous argument that could be used by market participants to sidestep laws expressly designed to cover them. Across the economy such a perspective would lead to a cascade of harmful consequences,” said CFPB Director Rohit Chopra and FTC Chair Lina M. Khan in a joint statement. “As tech companies expand into a range of markets, they will need to follow the same laws that apply to other market participants.
The CFPB and FTC will be closely scrutinizing tech companies’ efforts to use Section 230 to sidestep applicable laws and will seek to ensure that this legal shield is not being used or abused to gain an undue competitive advantage over law-abiding businesses.”
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Sports betting and the legal landscape surrounding it are rapidly changing. Legalized sports betting in the United States dramatically evolved since the U.S. Supreme Court decision in 2018 to overturn the Professional and Amateur Sports Protection Act of 1992 (PASPA), a federal law that, with limited exceptions, barred states from legalizing sports betting.
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“Americans do not abandon their religious liberties at the door of their workplace,” said Attorney General Mark Brnovich. “Especially at this moment in our country’s history, it is imperative that heavy-handed government be restrained from trampling on our rights to personal expression as recognized and protected by the First Amendment.”
This amicus brief was led by Arizona, Alaska, and Texas and has now been joined by Attorneys General from 21 additional states.
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In the District, businesses are legally required to pay employees a minimum wage, pay employer-side taxes, and provide overtime pay and other benefits. Businesses do not have the same responsibilities to independent contractors, who are not protected by most employment laws and are often excluded from workers’ compensation or unemployment insurance programs.
The Office of the Attorney General's complaint alleges that Dynamic, Gilbane, Consigli, GSA, P&CM, JC, and AVE violated the District’s Workplace Fraud Act, Minimum Wage Revision Act, and Sick and Safe Leave Act by misclassifying workers, failing to pay overtime, failing to provide paid sick leave and failing to keep payroll records.
In this lawsuit, the Office of the Attorney General is seeking an injunction against the defendants to stop them from engaging in workers’ rights violations. OAG is also seeking damages and penalties against the defendants for violating District law.
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The U.S. Department of Justice issued a memorandum decrying a “disturbing spike in harassment, intimidation, and threats of violence against school administrators, board members, teachers, and staff.” On that premise, U.S. Attorney General Merrick Garland called for the FBI and other federal law enforcement agents to fan out across the United States and monitor activities in the nation’s school districts to suppress what they deem unruly behavior.
The Department of Justice memorandum echoes a National School Board Association (NSBA) letter sent September 29, to the Biden administration that laments the rise of parents pushing back against divisive ideologies, including critical race theory (CRT). The NSBA letter raises the specter of local protests rising to the level of "domestic terrorism.”
Attorney General Marshall joined attorneys general from 16 other states in sending a letter today to President Biden and U.S. Attorney General Garland strongly opposing the unconstitutional memorandum.
Attorney General Marshall joined attorneys general from Arizona, Arkansas, Georgia, Indiana, Kansas, Louisiana, Mississippi, Missouri, Montana, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, and Utah in writing the letter to the Biden administration.
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A proposed settlement was also filed with the Court. The settlement would assess penalties and attorney’s fees against the defendants in the amount of $3.35 million, to be divided equally between the state and the federal government, and an extensive injunctive relief to protect human health and the environment.
The Office of the Attorney General represents the Texas Commission on Environmental Quality in this matter. The U.S. Department of Justice represents the U.S. Environmental Protection Agency.
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Approximately one year after it launched its Counterfeit Crimes Unit, AGA Partner Amazon published “A blueprint for private and public sector partnership to stop counterfeiters.” The blueprint details Amazon’s thoughts on how it can collaborate with government entities to better protect the nation’s borders from counterfeit goods shut down confirmed counterfeiters across the retail industry, and increase resources for law enforcement to pursue and prosecute individuals trafficking in counterfeits. Over the course of one year, Amazon’s Counterfeit Crimes Unit has made significant progress and forged beneficial relationships with law enforcement, demonstrating that anti-counterfeiting efforts are more effective when private and public sector entities work cooperatively.
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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.
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CWAG Executive Committee
- AG Wayne Stenehjem - AG Phil Weiser -
- AG Jason Ravnsborg - AG Hector Balderas -
AG Alliance Co-Chairs
- AG Lawrence Wasden - AG Sean Reyes - AG Karl Racine -
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