1. The Real Risk of Cybersecurity: Choosing to be Unaware

Since 2016, the federal government has implemented numerous procurement regulations and associated contract clauses to address cybersecurity by requiring contractors to adopt various controls and standards to protect sensitive, unclassified information, and to harden information technology (IT) systems to make them more resilient to all manner of cyber hacks. The easy part (not that it was at all easy) was developing the controls and standards – NIST SP 800-171 (currently up to Rev. 3), and contract clauses (most notably, FAR 52.204-21, and DFARS 252.204-7012, 7019, 7020, 7021, and others). The difficult part is getting contractors to take seriously the obligation to invest in cybersecurity.Continue Reading Federal Cybersecurity Requirements Ought Not Be Ignored by Contractors

On September 16, Nebraska Attorney General Mike Hilgers led a 24-state coalition in filing a comment asking the Environmental Protection Agency (EPA) to deny California’s request for a preemption waiver for a package of administrative rules called Advanced Clean Fleets, claiming the regulation is an “unprecedented overreach” that attempts to export California’s “radical climate agenda.” The regulation requires certain truck fleet owners and operators to phase out internal-combustion engine trucks and replace them with trucks that use electric drivetrains. These regulations apply to fleets that operate in California, regardless of where they are based.Continue Reading Multistate Coalition Files Comment in Opposition to California’s Electric Truck Mandate

In recent years, federal and state governments have taken action to make marijuana research easier. These actions are a step in the right direction, and researchers operating in the marijuana space must be aware of the regulatory requirements that are associated with conducting such research. In this article, we discuss some of the key considerations related to conducting marijuana research.Continue Reading Navigating the Uncertain Waters of Marijuana Research in the US

What Happened

On September 14, Virginia’s Attorney General (AG) Jason Miyares issued a letter to the registered agent of the Good Vibes Shop, a Radford, VA store, for selling tetrahydrocannabinol (THC) products without proper labeling and packaging. The AG’s letter alleges that the store’s THC products lacked child-resistant packaging and appropriate labeling, including ingredient lists, THC content, and age restrictions, in violation of the Virginia Consumer Protection Act (VCPA). As we have recently discussed, the AG’s letter is part of a broader effort among states to protect consumers amid the evolving federal and state cannabis regulatory landscape.Continue Reading Virginia Takes Action Against Retailer Selling THC Products

This article was originally published on October 2, 2024 in Westlaw Today. It is republished here with permission.

Gene Fishel and Whitney Shephard of Troutman Pepper highlight states with established privacy enforcement units, discuss the corresponding privacy acts in those states, and give recommendations for companies to mitigate risk and navigate a rapidly developing patchwork of regulatory standards.Continue Reading The Rise of State Attorney General Privacy Enforcement

Gambling machines in Kentucky have recently come under increased scrutiny following the enactment of House Bill 594, which amended the definition of “gambling device” under Kentucky law, effective June of last year. The law significantly impacts the legality of certain gaming devices, requiring industry participants to adjust their product offerings within the state.Continue Reading Kentucky AG Clarifies Legal Status of Gray Machines and Risk-Free-Play Devices – Implications for the Industry

On September 20, 13 states and Washington, D.C. joined Colorado in its appeal asking the Tenth Circuit to uphold a state law imposing more restrictive interest rate caps on loans from out-of-state banks to residents, arguing that U.S. District Judge Daniel D. Domenico’s injunction “disrupts [ ] careful Congressional balancing and will allow online lenders to flout usury laws.”Continue Reading States Join Colorado in Defense of Interest Rate Opt-Out Law

A recent conference led by Connecticut Attorney General (AG) William Tong discussed the alleged problems and potential solutions associated with plastics use and waste. Conference attendees included nearly two dozen representatives from state AG offices, medical and public health researchers, and leaders in the recycling and reclamation industry. Conversations focused on plastics’ tendency to break down in the environment and, as a result, expose people and the environment to harmful chemicals. The concerns surrounding plastics in many ways parallel the concerns surrounding PFAS, an industry targeted recently by civil and criminal enforcement actions in multiple states. Businesses up and down the plastics supply chain should take note and prepare for potential state actions that put plastics in the crosshairs.Continue Reading Are Plastics the New PFAS?

In a significant development for state unclaimed property programs, Wisconsin has joined a bipartisan coalition of 30 states in reaching a settlement with Delaware, effectively concluding a long-standing dispute over unclaimed official checks issued by MoneyGram Payment Systems, Inc. (MoneyGram). This settlement follows a unanimous 2023 U.S. Supreme Court decision that ruled these checks are governed by the Federal Disposition Act.Continue Reading Wisconsin Joins 30-State Settlement in Landmark Unclaimed Property Case

In September, the U.S. Food and Drug Administration (FDA) announced that it would begin enforcing the agency’s cigarette graphic warning rule in December 2025, in an enforcement policy outlined in a short guidance document. Although a federal district court previously found the rule unconstitutional, an appeals court reversed that decision, and the final rule is now in effect. According to the guidance, FDA will not begin enforcement until December 2025 at the earliest, but we believe it likely that the rule might yet again be postponed or vacated, as it remains the subject of ongoing litigation.Continue Reading FDA to Enforce Cigarette Graphic Warning Rule in December 2025, Pending Litigation May Interfere