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An interview with New York Attorney General, Letitia James

By Divonne Smoyer, Stuart Cobb and Hubert Zanczak on Posted in State Attorneys General
In the October edition of IAPP’s Privacy Advisor, Divonne Smoyer, Hubert Zanczak, and Stuart Cobb interview New York State Attorney General, Letitia James, about her view of consumer privacy, her work to date in enforcing existing laws, as well as helping introduce new ones, and her thoughts about the future of privacy in New York … Continue Reading

Protecting consumers online: FTC and CFPB team up with State AGs

By Divonne Smoyer and Eric Manski on Posted in State Attorneys General
Man using mobile online banking and payment, Digital marketing. Finance and banking networking. Online shopping and icon customer network connection, cyber security. Business technology.The recent National Association of Attorneys General Presidential Summit marked a clear partnership between state AGs, the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) to accomplish Iowa AG Tom Miller’s “fight back” presidential initiative: Consumer Protection 2.0: Tech Threats and Tools. Given this, we expect to see enhanced coordination and enforcement … Continue Reading

Mental Health Parity is Garnering Attention From State AGs – Is A Multistate Enforcement Effort On the Horizon?

By Divonne Smoyer, Martin Bishop, Nicole Aiken-Shaban and Samantha Sedivy on Posted in State Attorneys General
Congress passed the Mental Health Parity and Addiction Equity Act (MHPAEA), which amended the Mental Health Parity Act of 2016 to fill in loopholes impacting the coverage of mental health care, in 2008. Several states have since passed similar legislation on the state level. The possibility of subsequent legislation to further update provisions in this … Continue Reading

Oh the Places They’ll Go (and Come From): Exploring the Roles of State AGs, Where They Come From, Where They Go, and Why It Matters

By Divonne Smoyer, Samantha Sedivy and Edrius Stagg on Posted in State Attorneys General
There is a joke that NAAG, the acronym for the National Association of Attorneys General, also stands for the “National Association of Aspiring Governors.” State attorneys general (“AGs”) have been perceived as politically ambitious and “upwardly” mobile, with the intent of using their position as a launch pad for “higher office.” Time and time again, they … Continue Reading

Privacy Advocates, Business Community Voice Opinions on Privacy Law in the Centennial State: AG Provides Open Forum for Informal Comment on CPA Implementation and a New Curveball Emerges in the Privacy Arena as Recent Dobbs Portends Further Changes

By Divonne Smoyer, Roger Gibboni, Samantha Sedivy and Sarah Bruno on Posted in State Attorneys General
Almost exactly one year ago, on July 7, 2021, Colorado Governor Jared Polis (D) signed the Colorado Privacy Act (“CPA”) into law. As we have previously highlighted, the Colorado Attorney General and the Department of Law (“Colorado AG”) have been a leading voice, both in Colorado and nationally, on privacy policy and enforcement. Consistent with … Continue Reading

Mid-season election update: Where AG elections stand post Dobbs decision and updates on AG races in D.C., Idaho, Nebraska, New Mexico, Oklahoma, South Dakota, Vermont, and the other 30 states up for grabs this election cycle

By Divonne Smoyer, Samantha Sedivy and Roger Gibboni on Posted in State Attorneys General
In this post, we build upon the electoral analysis provided in an earlier blog posted on February 10, 2022, entitled “New AGs Take the Reins in Key States with Largest AG Election Cycle in Years on the Horizon.” You can access that post, which provides interim developments on attorney general appointments in North Dakota and … Continue Reading

GAO sustains protest where agency fails to establish a competitive range and engages in unequal discussions only with the awardee

By Liza Craig, Edward Fultz and Karim Alhassan on Posted in Government Contracts & Grants, Government Relations
On April 25, 2022, the Government Accountability Office (GAO) sustained a protest filed by Rice Solutions LLC, challenging the award of a Department of Health and Human Services Indian Health Service (IHS) contract to SOPOR LLC. Rice Solutions alleged that IHS improperly engaged in discussions with only SOPOR, and not the other offerors, as required … Continue Reading

CO AG hosts forum on state privacy laws, announces new privacy advisor

By Divonne Smoyer and Roger Gibboni on Posted in State Attorneys General
This past Friday, the Attorney General Alliance and the Colorado Department of Law held a symposium, “Colorado Privacy Act: Rights, Obligations, and Next Steps.” The symposium is another signal that state attorneys general (state AGs) around the country intend to take a primary role in influencing, and ultimately enforcing, data privacy policies. The panel discussions … Continue Reading

New D.C. legislation signals strong state AG position on harmful algorithms

By Divonne Smoyer and Roger Gibboni on Posted in State Attorneys General
Last week, D.C. Attorney General Karl Racine announced new D.C. legislation aimed at holding “companies & organizations accountable if their algorithms harm vulnerable communities.” The bill was introduced by the Chair of the City Council at the request of the AG. This comes on the heels of a meeting held in Washington, D.C. last week … Continue Reading

Emerging digital technology, data privacy, and the surveillance economy: all high priorities for state AGs

By Divonne Smoyer and Roger Gibboni on Posted in Data Security, Privacy & Management, State Attorneys General
State attorneys general (AGs) have in many ways been the tip of the spear on prioritizing consumer protection in conversations around emerging digital technologies—perhaps more so than even any federal government agency. With newsworthy data breach incidents, ransomware attacks, and personal data misuse allegations plaguing a new major U.S. company seemingly every week, state AGs … Continue Reading

Virginia passes second state-level consumer data privacy law in the U.S.

By Divonne Smoyer, Samantha Sedivy and Charles Pierre on Posted in Data Security, Privacy & Management, Government Relations, State Attorneys General
On March 2, 2021, Virginia joined California as the second state to enact comprehensive data privacy protections for its residents. The Virginia Consumer Data Protection Act (CDPA), which will go into effect January 1, 2023, will mainly be interpreted and enforced by The Virginia Attorney General (AG). Our State Attorneys General and Virginia Government Relations … Continue Reading

DOJ and State AGs clash in Emoluments Clause arguments

By Divonne Smoyer and Kimberly Chow on Posted in Uncategorized
On June 11, 2018, arguments were held in Maryland District Court in the challenge brought by the D.C. and Maryland attorneys general over the president’s alleged violation of the Emoluments Clause of the Constitution. In Maryland v. Trump, D.C. Attorney General Karl Racine and Maryland Attorney General Brian Frosh have challenged President Donald Trump’s continued … Continue Reading

Acquisition of Some Non-TAA-Compliant Drugs to be Permitted by Veterans Affairs

By Jeffrey Orenstein and Lawrence Sher on Posted in Uncategorized
The Department of Veterans Affairs recently announced that it will now require all covered drugs under the Veterans Health Care Act to be offered on Federal Supply Schedule contracts, regardless of whether they meet the “country of origin” standards of the Trade Agreements Act. This decision represents a major reversal in policy for the VA.  … Continue Reading

OCC’s White Paper Addresses Responsiveness to FinTech Innovation

By Travis P. Nelson on Posted in Uncategorized
On March 31, 2016, the Office of the Comptroller of the Currency (“OCC”) issued its much-anticipated white paper on the growing intersection between financial services and technology, or “FinTech.”  In this white paper, the OCC outlines steps that it is considering to make the agency more receptive to what it deems “responsible innovation.”  From internal … Continue Reading

OCC Increases Focus on Internal Risk Management and Personal Liability of Bankers

By Travis P. Nelson on Posted in Uncategorized
The Office of the Comptroller of the Currency (“OCC”), the primary federal regulator for most large banks, recently issued a new policy on agency enforcement actions seeking civil money penalties (“CMPs”) against institutions and individuals.  There are several key developments that will directly affect institutions and the directors, officers, employees, major shareholders, and vendors associated … Continue Reading

Helping You Navigate CFPB Guidance

By Nicholas Smyth on Posted in Uncategorized
Reed Smith has put together two reference documents to help you more easily search for a particular piece of guidance from the CFPB. The first is a collection of all nine issues of the CFPB’s Supervisory Highlights, from 2012 to 2015. The second includes all of the CFPB’s Bulletins, as of 1 December 2015. CFPB … Continue Reading

What does the Consumer Rights Act 2015 mean for Businesses in the UK?

By Matthew Stone and Sakil Suleman on Posted in Uncategorized
On October 1, the Consumer Rights Act 2015 went into effect in the UK.  The Act, which is divided into three parts, encompasses the entire United Kingdom, and extends consumer rights and significantly restructures overall business-to-consumer relationships.  We have summarized the legislation and identified ways in which UK businesses that deal with consumers will likely … Continue Reading

Regulatory Round Up 4.20.12

By Michael Grant on Posted in Uncategorized
Significant gains in the development of renewal resources occurred in the past 5 years. Here’s a warning not to blow the advances in wind (get it?, of course you do), solar and other alternative energies. A new danger for government contractors operating in war zones: increased suspensions and debarments. So much for non-lawyer owned law … Continue Reading

New Federal Research Conflict of Interests Regulations

By Greg Jacobs on Posted in Uncategorized
This post was written by Lane Kneedler and Pakapon Phinyowattanachip. On September 26, 2011, the U.S. Department of Health and Human Services (“HHS”) issued new regulations governing the disclosure by faculty members and research staff of significant financial interests related to certain federal grants, and the reporting of “financial conflicts of interest” to certain federal … Continue Reading

Regulatory Round Up 11.21.11

By Michael Grant on Posted in Uncategorized
***Warning*** Falling Puns: Here’s a bright idea. (For those of you who followed the link, I know what you’re thinking: “Come on Mike, you’re better than this.” Turns out I’m not.) While it’s still a little early for Jolly ‘ole St. Nick to be making his list, the SEC is publishing its naughty list, and … Continue Reading

CPSC Stymies Congress

By Greg Jacobs on Posted in Uncategorized
This post was written by Stephen P. Murphy. Manufacturers and importers of children’s products in the United States were emboldened to think that the third party testing burden imposed by the Consumer Product Safety Improvement Act of 2008 (“CPSIA”) would be reduced by HR 2715, signed into law by the President on August 12, 2011. … Continue Reading
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