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Make sure to visit Troutman Pepper’s Regulatory Oversight blog to receive the most up-to-date information on regulatory actions and subscribe to our mailing list to receive a monthly digest.
Regulatory Oversight will provide in-depth analysis into regulatory actions by various state and federal authorities, including state attorneys general and other state administrative agencies, the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC). Contributors to the blog will include attorneys with multiple specialties, including regulatory enforcement, litigation, and compliance.
Jean Gonnell, a regulatory attorney with a significant focus cannabis and tobacco law, has joined Troutman Pepper’s Regulatory Investigations, Strategy and Enforcement (RISE) practice group. Resident in the firm’s Charlotte office, Gonnell joins from her private practice, Gonnell Law.
Gonnell began her legal career in Colorado, where she was at the forefront of cannabis legislation before the larger movement to legalize the drug. Over the course of her career, she has represented more than 100 clients in the cannabis industry, including approximately 15 percent of all licensed cannabis businesses in Colorado. With a deep commitment to her clients and dedication to the flourishing cannabis field, she continues to expand her practice and make a positive impact in the evolving landscape of cannabis law.
In the latest episode of Regulatory Oversight, the National Association of Attorneys General (NAAG) Executive Director Brian Kane joins co-host Ashley Taylor to discuss the role that NAAG plays among attorneys general. NAAG provides a community for attorneys general and their staff to collaboratively address issues important to their work, as well as training and resources to support attorneys general. From Supreme Court training to a multistate settlement database, NAAG offers a variety of resources to the attorneys general offices.
Brian also discusses how his background as chief deputy in the Idaho attorney general’s office helped prepare him for his role, as well as what he sees in the future for NAAG.
By Michael Jordan, Agustin Rodriguez, and Bryan Haynes
On June 29, Dr. Brian King, director of the Center for Tobacco Products (CTP) at the FDA, issued an update on CTP’s efforts to address the 15 recommendations outlined in a report by an independent expert panel facilitated by the Reagan-Udall Foundation. Although he acknowledged that “implementation is no small task,” Dr. King said CTP has “already made significant strides” in implementing its plans to respond to the Reagan-Udall report.
By Michael Lafleur and Ketan Bhirud
The Massachusetts Gaming Commission is in the process of shaping new regulatory standards for sports wagering in Massachusetts, following the state’s adoption last summer of the Massachusetts Sports Wagering Act, Mass. Gen. Laws ch. 23N, which legalized sports betting in the Commonwealth.
By Ketan Bhirud, Callan Stein, Michael Lafleur, and Whitney Shephard
The Massachusetts Gaming Commission recently issued decisions resulting in fines for three of the state’s sports betting operators — MGM Springfield, Plainridge Park Casino, and Encore Boston Harbor. These operators were found to have violated Gaming Commission regulations prohibiting wagers on regular season games of collegiate teams from Massachusetts unless part of a tournament.
By Callan Stein, Ketan Bhirud, and Whitney Shephard
The world of sports gambling has undergone a transformative shift in recent years, with the widespread legalization of betting in numerous states. The Supreme Court’s 2018 ruling striking down the Professional and Amateur Sports Protection Act (PASPA) paved the way for the rapid expansion of legalized gambling, sportsbooks, and mobile gaming. As the realm of sports wagering continues to evolve, it becomes crucial for governing bodies to adapt and establish comprehensive guidelines to preserve the integrity of collegiate athletics.
By Troutman Pepper State Attorneys General Team
On July 6, North Dakota Attorney General Drew Wrigley announced a settlement of an administrative complaint, accusing Western Distributing Company and affiliate companies Plains Gaming Distributing Inc. and Midwest Gaming Distributing Inc. of violating the state’s gambling laws and regulations by facilitating excessive rent payments and attempting to influence bars’ charitable gambling activities through the Wall of Honor veterans nonprofit.
By Agustin Rodriguez, Christina Sava, and Tracey Diamond
While many individuals are excited about the proliferation of state laws providing for medical and recreational use of marijuana across the country, inconsistencies in these state laws have made it difficult for employers to put in place consistent policies and practices on testing for marijuana as a condition of employment, upon reasonable suspicion, and post-accident. Employers are being forced to revisit their drug-testing policies not just because of changes to their state’s laws regarding medical and recreational use of marijuana, but also because it is becoming increasingly difficult to find employees who have not used, or do not use, marijuana. If employers want to continue testing for marijuana in states where use is legal, policies must be drafted carefully to account for the continued evolution of the law in this area.
By Christina Sava, Agustin Rodriguez, and Kevin Andres Rodriguez*
Virginia’s new hemp-derived products statutes (Va. Code § 3.2-5145.1 et seq.) went into effect as of July 1, standing to drastically alter the availability of hemp-derived products in Virginia.
By Ketan Bhirud and Michael Yaghi
The rapid advancement of generative artificial intelligence (AI) raises important competition concerns, prompting the Federal Trade Commission (FTC) to analyze potential risks and propose solutions. In its recent June 29 blog post, the FTC highlighted the need for proactive measures to address competition issues in the evolving generative AI industry. This article analyzes the FTC’s blog post, summarizing its key points and offering insights into the potential implications for stakeholders.
By Daniel Waltz, Ketan Bhirud, and Nick Gouverneur*
On June 2, the Federal Trade Commission (FTC) announced modifications to its in-house adjudicative proceedings of agency challenges to mergers and acquisitions by reducing the decision-making power held by administrative law judges (ALJs). This change will affect how the agency’s antitrust challenges are decided. Even though the previous process had been in place for decades, the FTC was not required to receive public comment because the change affects only internal procedures.
By Troutman Pepper State Attorneys General Team
A bipartisan coalition of attorneys general (AGs) from 22 states is urging the federal district court in South Carolina to reject a proposed $12.5 billion settlement between 3M and a group of public water utilities, who are suing the company over alleged per- and polyfluoroalkyl substance (PFAS) contamination.
By Troutman Pepper State Attorneys General Team
Tennessee AG Jonathan Skrmetti is suing more than 20 per- and polyfluoroalkyl substance (PFAS) manufacturers, including 3M and DuPont, seeking injunctive and monetary relief under the state’s public nuisance and uniform fraudulent transfer laws.
By Troutman Pepper State Attorneys General Team
A bipartisan coalition of attorneys general (AGs) representing each state and Washington D.C. joined forces with the Federal Trade Commission (FTC) and the Department of Justice (DOJ). They have announced their unified commitment to an initiative known as ‘Operation Stop Scam Calls,’ which has already made a significant impact. Illinois AG Kwame Raoul — a fervent advocate for consumer rights — underscored this commitment, saying, “[c]ompanies responsible for these illegal, annoying calls must be held accountable.”
By Troutman Pepper State Attorneys General Team
On July 6, Illinois Attorney General Kwame Raoul announced a $950,000 settlement concerning the Illinois Wage Payments and Collection Act, marking the conclusion of an investigation into GrapeTree Medical Staffing (GrapeTree), a medical staffing company that operates in 12 states.
By Troutman Pepper State Attorneys General Team
As a result of legislation passed this month, Mississippi Attorney General Lynn Fitch filed lawsuits against two companies, The Depository Trust and Clearing Corporation and NaturaLawn of America, for allegedly violating the Mississippi Telephone Solicitation Act. The lawsuits allege that these companies made nearly 1,000 unauthorized calls to Mississippians on the state’s Do Not Call Registry.
By Troutman Pepper State Attorneys General Team
On June 5, the Judicial Panel on Multidistrict Litigation (JPML) in Texas v. Google, LLC ruled that the State Antitrust Enforcement Act of 2021 applies to pending state antitrust enforcement actions, including to actions the JPML previously centralized. Specifically, the JPML ordered that a 16-state multistate attorneys’ general antitrust litigation against Google should be remanded to federal court in Texas.
By Troutman Pepper State Attorneys General Team and Justin Karlin*
On June 6, Alabama, California, Illinois, Kentucky, Maryland, New Jersey, South Carolina, Vermont, Washington, and Wisconsin each filed enforcement actions against leading cryptocurrency exchange Coinbase and its parent, alleging that Coinbase’s staking rewards program constituted unregistered securities sales in violation their states’ securities laws. These actions followed an investigation by a multistate task force with assistance from the Securities and Exchange Commission (SEC).
Stephanie Kozol, Senior Government Relations Manager – State Attorneys General, also contributed to this newsletter.
*Nick Gouverneur, Ryan Graham, Justin Karlin, and Kevin Andres Rodriguez are 2023 summer associates with Troutman Pepper and not admitted to practice law in any jurisdiction.
Our Cannabis Practice provides advice on issues related to applicable federal and state law. Marijuana remains an illegal controlled substance under federal law.
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