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State Attorneys General Monitor analyzes regulatory actions by state AGs and other state administrative agencies throughout the nation. Contributors to this newsletter and related blog include attorneys experienced in regulatory enforcement, litigation, and compliance. Also visit our State Attorneys General Monitor microsite.

Contact our State AG Team at StateAG@troutman.com.

Troutman Pepper Locke Spotlight

Balancing Law and Public Service: Insights From AG Formella

By Stephen C. Piepgrass and Chuck Slemp

In this episode of Regulatory Oversight, Chuck Slemp is joined by New Hampshire Attorney General (AG) John Formella to discuss his journey to becoming New Hampshire’s AG. Formella highlights his career in private practice, his role as legal counsel to Governor Chris Sununu, and his eventual appointment as AG in 2021. As the new president of the National Association of Attorneys General (NAAG), Formella outlines his initiative to combat substance abuse and drug trafficking, emphasizing bipartisan collaboration and support for law enforcement. He also addresses emerging issues such as elder abuse, data privacy, civil rights, and mental health.

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Regulatory Updates

New York Issues Proposed Regulations About Overdraft Fees

By Troutman Pepper Locke State Attorneys General Team and Dascher Pasco

Given the future uncertainty of the Consumer Financial Protection Bureau’s (CFPB) efforts to regulate bank overdraft fees, New York’s Department of Financial Services (DFS) has stepped in to fill a perceived gap. The DFS announced proposed regulations to tackle what it perceives as unfair overdraft fees. The proposed regulations will “ensure consumers will no longer be burdened with overdraft fees for minor transactions and require banks to provide timely notifications to consumers about overdraft fees to improve transparency.

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AG of the Week

Marty Jackley, South Dakota

Marty Jackley was raised in Sturgis and graduated from the South Dakota School of Mines with a bachelor’s degree in electrical engineering, with honors. After receiving his law degree from the University of South Dakota, he served as a clerk for then Chief U.S. District Judge Richard Battey. Jackley then joined the law firm of Gunderson, Palmer, Nelson and Ashmore, and also served as a special assistant AG prosecuting controlled substance felonies.

In 2006, Jackley was appointed and unanimously confirmed by the U.S. Senate as a U.S. attorney for South Dakota.

From 2009 to 2019, Jackley served as South Dakota’s AG. In 2015, he served as a chairman of NAAG and as a past chairman of the Conference of Western Attorneys General (CWAG). In 2016, he received the National Attorney General of the Year award from his fellow AGs. After serving 10 years as AG, Jackley returned to the law firm of Gunderson, Palmer, Nelson and Ashmore as a senior partner. He also served as state’s attorney for both Jones and Haakon counties, and as a special prosecutor for the Sisseton Wahpeton Oyate during this time. In 2022, Jackley was elected for a fourth term as the South Dakota AG. For the 2023 – 2024 year, he is serving as chairman to the Attorney General Alliance (AGA). Jackley was elected as vice chairman of NAAG in 2024.

South Dakota AG in the News:

• On February 11, Jackley announced that two government accountability bills he proposed were approved by the Senate Judiciary Committee.

• On February 7, Jackley warned the public about the discovery in Eastern South Dakota of marijuana that appears to have been laced with opioids, possibly including fentanyl.

• Jackley and Dakota State University (DSU) announced a request for proposals for the SecureSD: Cybersecurity for Municipalities and Counties Initiative that would strengthen the cybersecurity defenses of South Dakota’s local governments.

Upcoming AG Events

• February: DAGA | Los Angeles Policy Conference | Los Angeles, CA
• February: RAGA | Victory Fund Ski Retreat | Big Sky, MT
• March: AGA | Women’s Empowerment Summit | Del Mar, CA

For more on upcoming AG Events, click here.