State Attorney General Insider – Spring 2020
March 26, 2020 | Issue No. 2
Partner and Former Maryland Attorney General

Understandably, much of the recent focus of the state Attorneys General has been on reacting to the COVID-19 pandemic. In particular, state Attorneys General have been targeting companies that have been price gouging consumer necessities; supporting the needs of healthcare workers; and advising state educational systems. Moreover, state Attorneys General have been providing counsel and insights on the enforcement of executive orders implementing shutdowns and social distancing.

On the price gouging issue, almost every state Attorney General is receiving literally hundreds of complaints from consumers alleging that companies are artificially raising prices on necessities. State Attorneys General are issuing CIDs (civil investigative demands) to many of these companies and requiring a very short turnaround for document production. North Carolina Attorney General Josh Stein, New Mexico Attorney General Hector Balderas and Florida Attorney General Ashley Moody have been amongst the most active. 

Meanwhile, the state Attorneys General remain vigilant in multistate efforts targeting e-cigarettes and opioids, and attacking Big Tech on antitrust grounds. One step lower, despite extremely thin legal underpinnings, some state Attorneys General are starting to probe internet lenders and their relationship to “true lenders”; continue their assault on Big Tech over privacy concerns; probe the use of PFAS (per- and polyfluoroalkyl substances); and investigate student loan servicers regardless of clearly articulated federal preemption.

Here are a few of the major cases of interest within the state Attorneys General community that are receiving significant press coverage.

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Now that we are well into 2020, we should note that there were three state Attorney General seats up for grabs in 2019.

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A recap of the recent AG meetings.

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Cadwalader lawyers were featured in a number of press reports related to state AG topics.

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Several conferences have been cancelled due to COVID-19 precautions, while others have not.

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Key Contacts

Douglas Gansler
T. +1 202 862 2300

Ellen Holloman
T. +1 212 504 6200

Jodi L. Avergun
T. +1 202 862 2456

Joel Mitnick
T. +1 212 504 6555

Jason M. Halper
T. +1 212 504 6300

Rachel Rodman
T. +1 202 862 2210

Kya Henley
T. +1 212 504 6849

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