Ashley L. Taylor Jr., co-leader of Troutman Pepper Locke’s State Attorneys General Practice Group, appeared in the September–October 2026 issue of The Journal of Federal Agency Action for his article, “State Attorneys General Will Dominate Post-Chevron Litigation.” The article was co-authored with Paul Nolette, a professor at Marquette University, and Aaron M. Frey, the attorney general of Maine.
Published in Law360 on July 10, 2026. © Copyright 2026, Portfolio Media, Inc., publisher of Law360. Reprinted here with permission.
For the recipient of a subpoena from a state attorney general or other state regulator, the prospect of successfully blocking the subpoena through litigation can seem dim.
In this special crossover episode of Payments Pros and The Consumer Finance podcasts, Carlin McCrory, Keith Barnett, and Chris Willis explore the federal government’s increasing attention to “debanking” and what it means for payment processors, money transmitters, banks, and other financial services providers. They discuss recent federal initiatives and agency activity that have heightened scrutiny of decisions to onboard, maintain, or terminate customers and merchants, particularly where those decisions may be perceived as based on political or religious viewpoints.
On May 8, the U.S. Securities and Exchange Commission (SEC) quietly sent a final rule titled “Rescission of Policy Regarding Denials in Settlements of Enforcement Actions” to the Office of Management and Budget (OMB) for review under Executive Order 12866. Although the text of the rule has not yet been released, the title strongly suggests that the SEC is preparing to roll back or significantly revise its decades‑old “no‑deny” settlement policy. That development arrives just as a major challenge to the policy is pending before the U.S. Supreme Court.
Artificial intelligence is everywhere now: in your contracts, your research workflows, your customer service queue. And if your company is using it without thinking carefully about trade secret exposure, you may be quietly dismantling critical protections your company has spent years building.
In its recent decision in Office of the Attorney General v. PFLAG, Inc., the Texas Supreme Court addressed the scope of the attorney general’s (AG) authority to issue civil investigative demands (CIDs) under the Deceptive Trade Practices Act (DTPA). The dispute arose against the backdrop of State v. Loe, a case challenging Texas’s statutory ban on certain gender-affirming medical treatments for minors. PFLAG, a nonprofit involved in that litigation, received a CID issued by the Office of the AG (OAG) based on statements made in a supporting affidavit, which led the OAG to assert that PFLAG may have information relevant to potential misrepresentations by medical providers to insurance companies.
The Illinois attorney general (AG) recently filed a brief defending the Illinois Interchange Fee Prohibition Act (IFPA) in an appeal arising out of litigation captioned Illinois Bankers Association v. Raoul. The AG asked the Seventh Circuit to affirm a lower court’s decision to uphold the IFPA’s ban on certain interchange fees, also known as card “swipe” fees. The industry argues that the law is unconstitutional or inconsistent with federal law. The AG also asked the Seventh Circuit to overturn the lower court’s decision that the act’s data usage limitation is preempted by federal law.
The Supreme Court’s February 20, 2026, decision in Learning Resources, Inc. v. Trump upended the legal basis for billions of dollars in tariffs on imports imposed by the Trump administration. The Court held that the International Emergency Economic Powers Act (IEEPA) did not authorize the sweeping tariff regime, but it did not address how past collections should be refunded, leaving refund mechanics and timing to be worked out through U.S. Customs and Border Protection (CBP) in coordination with the U.S. Court of International Trade (CIT). While the ruling opened the door for importers to seek substantial refunds from the federal government, including through developing CBP refund procedures and related CIT orders, it also created a new front of litigation risk for companies that passed tariff costs through to consumers.
Graham K. Bryant, former principal deputy solicitor general and director of Virginia Appellate Litigation in the Office of the Attorney General of Virginia, has joined Troutman Pepper Locke’s Regulatory Investigations, Strategy + Enforcement (RISE) practice group and Virginia Appellate team. Graham’s practice centers on Virginia-focused appellate and regulatory matters, drawing on his experience handling high-stakes constitutional and policy litigation in Virginia’s courts and in federal courts, including multiple matters before the U.S. Supreme Court.
Today, the Securities and Exchange Commission’s (SEC) Division of Enforcement announced significant updates to its Enforcement Manual, the first comprehensive revision since 2017. These changes, which will now be reviewed annually, are designed to promote greater fairness, transparency, and efficiency in SEC investigations and enforcement actions.