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22 AGs Challenge New York’s Climate Superfund Law

A coalition of industry associations and 22 state attorneys general (AG), led by West Virginia AG JB McCuskey, filed a lawsuit against the State of New York in the U.S. District Court for the Northern District of New York...more

Vermont AG Clark Secures $2.7M Judgment Against Mental Health Counselor

On February 4, a Vermont Superior Court judge entered a $2,733,989.47 judgment against Phoenix Counseling & Wellness, PLC (Phoenix), and the company’s owner for alleged violations of the Vermont False Claims Act (VFCA)....more

DOJ and 18 States Reach False Claims Act Settlement with QOL

The U.S. Department of Justice (DOJ) and 18 state attorneys general (AG) announced a settlement with Boston-based QOL Medical, LLC (QOL) and its CEO, Frederick Cooper, to resolve allegations that the company provided unlawful...more

New York Issues Proposed Regulations About Overdraft Fees

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...more

U.S. Supreme Court Declines to Overturn New York’s Affordable Broadband Act

The U.S. Supreme Court closed out 2024 by confirming states’ authority to regulate internet service providers. On December 16, 2024, the Court denied certiorari in New York State Telecommunications Association, Inc., et al....more

DoorDash Settles Illinois’ Investigation Into Misleading Tip Policy

On November 8, Illinois Attorney General (AG) Kwame Raoul and DoorDash, Inc. (DoorDash) reached a settlement to resolve a lawsuit accusing DoorDash of violating Illinois consumer protection law related to alleged...more

Navigating the New Legal Landscape: The Impact of Loper Bright on Federal Marijuana Rescheduling

The federal rescheduling of marijuana has been a topic of conversation within the marijuana industry since President Biden’s statement requesting that the secretary of health and human services (HHS) and the attorney general...more

Bridging Federal and State Cannabis Laws: Understanding the Impact of Proposed Changes and North Carolina’s Legislative Actions

Among the two most widely reported federal changes to cannabis regulation are the Department of Justice’s (DOJ) proposed regulation for the federal rescheduling of marijuana (the Proposed Rescheduling) and amendments to the...more

Supreme Court Declines to Hear Challenge to Florida’s Gaming Compact – Solidifying States’ Rights to Regulate Gaming Outside...

A gambling compact between the state of Florida and the Seminole Tribe of Florida, which allows for sports betting off tribal lands, will remain in place after the U.S. Supreme Court denied a petition for review filed by...more

When Green Goes Up in Smoke: Unraveling the Power Tussle Between State and Local Authorities in Marijuana Regulation

Recently, the City of Denver’s Department of Public Health and Environment (DDPHE) ordered, among other things, the destruction of Titan Health LLC’s (Titan Health) marijuana plants that it deemed to “hav[e] evidence of...more

Fla. Tobacco Settlement Ruling Offers Caution on Contracts

In December 2020, the Florida Supreme Court refused to take up R.J. Reynolds Tobacco Co.‘s appeal of a ruling requiring the company to continue to make annual tobacco settlement payments to the state of Florida. Originally...more

CFPB and State Attorneys General Target Immigration Bond Company for Allegedly Abusive Acts and Practices

On February 22, the Consumer Financial Protection Bureau (CFPB), joined by the attorneys general for Virginia, Massachusetts, and New York (States), filed suit against Libre by Nexus, Inc. (Libre). The suit alleges that...more

How the State and Local Regulatory Landscape Is Expanding

Over the last decade, observers have noted that states have begun to play a greater role as regulatory enforcers — a trend that increased with the federal regulatory rollback that began with the advent of the Trump...more

DC Circuit Decides Deeming Rule Doesn’t Violate Appointments Clause or First Amendment

Did the FDA violate the Constitution when it issued its rule Deeming Tobacco Products to Be Subject to the Federal Food, Drug, & Cosmetic Act, 81 Fed. Reg. 28,973 (May 10, 2016) (the “Deeming Rule”)? No, according to a recent...more

The “New” Enforcers: How States and Localities Are Changing the Landscape of Regulatory Authority

Over the last decade, observers have noted that states have begun to play a greater role as regulatory enforcers – a trend that increased with the federal regulatory roll-back that began with the advent of the Trump...more

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