On November 21, the Supreme Court of Virginia entered a published order reversing a 14-3 en banc decision of the Court of Appeals of Virginia addressing the applicability of Virginia’s criminal laws regulating cybercrime. The decision in Commonwealth v. Wallace is the latest example of courts testing regulatory reach in the cybercrime arena.
In the 11th episode of our 12 Days of Regulatory Insights podcast series, Ashley Taylor, co-leader of Troutman Pepper’s State Attorneys General team, is joined by Brad Weber, co-chair of Locke Lord’s Antitrust practice group, and Tim Bado, a member of Troutman Pepper’s Regulatory Investigation, Strategy, and Enforcement (RISE) practice group, to discuss the increasing role of state attorneys general (AGs) in antitrust enforcement.
In the 10th episode of our 12 Days of Regulatory Insights podcast series, Stephen Piepgrass, leader of the firm’s Regulatory Investigation, Strategy + Enforcement (RISE) practice, is joined by colleague Chuck Slemp to discuss the unique challenges faced by local governments and businesses interacting with them.
In the ninth episode of our 12 Days of Regulatory Insights podcast series, Michael Jordan, a member of the firm’s Tobacco + Nicotine practice, is joined by colleagues Bryan Haynes and Agustin Rodriguez to delve into the regulatory landscape of the tobacco industry in 2024 and what to expect in 2025. Bryan, head of the firm’s Tobacco + Nicotine practice, and Agustin, also a member of the Tobacco + Nicotine practice, discuss the increased state-level actions against illicit flavored e-cigarettes due to FDA’s inaction. They highlight efforts by state AGs to combat these products, including issuing letters to retailers and establishing product registries. The conversation also touches on the anticipated regulatory changes under the new administration, the potential impact on nicotine pouches, and the implications of the Tobacco Master Settlement Agreement (MSA) and the upcoming escrow refunds for nonparticipating manufacturers. Bryan and Agustin provide insights into the evolving regulatory environment and the implications for the tobacco industry in the coming year.
On November 14, a coalition of 18 states, led by Utah Attorney General (AG) Sean Reyes, the outgoing chairman of the Republican AGs Association, filed a lawsuit against the U.S. Securities and Exchange Commission (SEC) and its chair, Gary Gensler. DeFi Education Fund, a 501(c)(3) nonprofit organization, also joined the states in this legal action. The lawsuit, filed in the U.S. District Court for the Eastern District of Kentucky, challenges the SEC’s regulatory approach toward digital assets, asserting that the agency has overstepped its authority and infringed upon state sovereignty.
State and federal excise taxes are a critical element of the business environment for major “vice” industries in the United States, such as tobacco. While no federal excise tax applies to marijuana, state excise taxes (SET) are a significant economic consideration for the recreational marijuana industry in a given state.
This month, two attorneys general (AGs) have settled False Claims Act investigations with two separate companies in the health care industry. Both settlements were notable in their own right.
In the eighth episode of our special 12 Days of Regulatory Insights podcast series, Chris Carlson, a member of Troutman Pepper’s State AG practice, is joined by Lauren Fincher, chair of Locke Lord’s Administrative and Regulatory Practice Group, to discuss the major initiatives and actions taken by the Texas AG’s office in 2024.
Within hours of each other, an Oregon federal district court followed by a Washington state court enjoined the $24.6 billion merger of the Kroger and Albertsons grocery chains. The Oregon court adopted the controversial 2023 Merger Guidelines’ market concentration presumption and largely accepted the Federal Trade Commission’s (FTC) and its expert’s arguments for a narrow grocery market. In a loss for the FTC, the Oregon court declined to find that the proposed transaction was likely to substantially harm competition in the labor market alleged.
In the seventh episode of our 12 Days of Regulatory Insights podcast series, members of the firm’s Advertising + Marketing practice, Mike Yaghi and Natalia Jacobo, examine the evolving landscape of advertising and marketing regulations. The episode focuses on the impact of recent efforts to curb junk fees, state mandates for transparent pricing, and potential regulatory changes anticipated with the new administration in 2025.