In the first episode of our special 12 Days of Regulatory Insights podcast series, Chuck Slemp, counsel at Troutman Pepper and former chief deputy attorney general (AG) of Virginia, is joined by his colleague Stephanie Kozol, senior government relations manager for the State Attorneys General team at the firm. Together, they analyze the recent state AG elections and their potential impact on the regulatory landscape in 2025 and beyond.
The Internet of Things (IoT) represents a transformative shift in how consumers interact with technology, integrating physical devices with sophisticated services to create interconnected ecosystems. As the adoption of IoT devices skyrockets, with projections estimating 75 billion connected devices by 2025, the legal landscape surrounding these hybrid transactions — comprising goods, software, and services — remains unsettled. Traditional legal frameworks, such as the Uniform Commercial Code (UCC), struggle to address the complexities of IoT transactions. Consumer advocacy groups are increasingly calling for regulatory intervention to protect consumers from emerging issues, considering a legislative landscape that is not keeping pace with rapidly evolving technology.
The Colorado Attorney General’s (AG) Office recently entered into a settlement agreement with Bee’s Knees Enterprises, LLC, dba Bee’s Knees CBDs, addressing allegations of violations of the Colorado Consumer Protection Act (CCPA). The CCPA generally prohibits deceptive trade practices, including false representations or advertising, and allows for public or private enforcement and civil penalties. The settlement agreement resolves claims against Bee’s Knees without admitting liability.
This year’s election saw no shortage of surprises at the federal, state, and local levels, and Colorado Springs, CO was no exception. Although the results have yet to be officially certified, it appears that voters have approved an initiative that would authorize recreational cannabis sales in the city. Colorado Springs has long stood as one of the major hold outs of recreational cannabis legalization in Colorado, due largely in part to its community of active service members. Alongside the recreational sales authorization, a separate ballot measure that would have amended the city’s charter to prohibit any recreational sales within the city failed by only 1%. That slim margin, coupled with continued legal uncertainty, may foreshadow a tumultuous implementation process.
On November 10, Maryland Attorney General (AG) Anthony G. Brown announced the creation of an Office of the Solicitor General within his office. This new division is dedicated to overseeing the state’s appellate litigation in both state and federal courts. Brown appointed Julia Doyle, a seasoned appellate litigator and current chief of the Office of AG’s Civil Division, as the new solicitor general, effective January 8.
What Happened
On November 12, the Kentucky Attorney General (AG) issued a formal opinion, concluding that the Kentucky Board of Pharmacy lacks the authority to regulate nonresident pharmacists beyond what is specified in KRS Chapter 315. The board cannot mandate Kentucky licensure for nonresident pharmacists, except for the pharmacist-in-charge per KRS 315.0351(1)(g). Therefore, the board’s proposed amendment to 201 KAR 2:030, which would require all out-of-state pharmacists filling prescriptions for Kentucky residents to be licensed in Kentucky, exceeds the board’s statutory authority.
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 misrepresentations regarding tips for delivery drivers. The tipping policy in question was in place between 2017 through 2019.
In October, the Oregon Court of Appeals ruled that a law restricting the packaging of e-cigarettes violates the state constitution’s free speech protections. The decision illustrates the utility of free speech arguments against packaging requirements and the importance of state constitutions in regulatory challenges generally.
Among the several provisions on the ballot in the recent election, Missouri citizens voted for Amendment 2, which will legalize online and retails sports betting. The amendment won by a small margin of less than 7,500 votes.
Stephen Piepgrass, practice group leader of the firm’s Regulatory Investigations, Strategy + Enforcement Practice Group, appeared in the November 13, 2024 Nasdaq Trade Talks video, “Trends in iGaming, Cyber Security and Regulatory Developments.”