On Wednesday, attorneys general (AG) for the states of Florida, New York, and the District of Columbia announced that they are joining Tennessee and Virginia in a multistate coalition challenging the National Collegiate Athletic Association’s (NCAA) “Name, Image, and Likeness (NIL)-recruiting ban.” Troutman Pepper previously reported on the lawsuit after the District Court entered a preliminary injunction order in February.
On April 17, a group of five state attorneys general (AG) and Google filed briefs defending the proposed $700 million settlement agreement reached in three antitrust suits[1] brought against Google.
On April 23, Rhode Island Attorney General (AG) Peter Neronha, approved the merger of Rhode Island PBS and The Public’s Radio.
On April 11, California Attorney General (AG) Rob Bonta filed an amicus brief before the Supreme Court of the State of California arguing that policyholders should be able to assert claims under the state’s Unfair Competition Law (UCL) independent of a one-year claim filing deadline under the California Insurance Code and their homeowners policy. The AG argues that the UCL’s four-year statute of limitations should apply, not the one-year window mandated.
The U.S. Department of Transportation (DOT) recently announced an Airline Passenger Protection Partnership with state attorneys general (AGs), marking a significant expansion of AGs’ regulatory reach. This partnership, formed in response to growing frustration among AGs over their limited ability to investigate passenger complaints and enforce state consumer protection laws against airlines, empowers AGs to investigate complaints against airlines and grants them access to complaints filed directly by consumers with the DOT.
Washington Attorney General (AG) Bob Ferguson prevailed in his lawsuit against a plastic surgery practice, Allure Esthetic, and its owner, Dr. Javad A. Sajan (collectively, the company), alleging violations of the federal Consumer Review Fairness Act (CRFA), based upon the company’s practice of requiring patients to sign nondisclosure agreements (NDAs) that prohibited them from posting negative online reviews. The District Court granted the AG’s motion for summary judgment (in part) and found the company liable for violations of the CRFA. Damages will be decided at a later date.
Massachusetts Attorney General (AG) Andrea Joy Campbell issued an advisory to provide guidance on how state consumer protection, anti-discrimination, and data security laws apply to artificial intelligence (AI). The advisory emphasizes that these existing laws apply to emerging technology, including AI systems.
On April 15, the Minnesota House of Representatives passed the Commerce Policy Omnibus bill, which includes key provisions of the Minnesota Debt Fairness Act. Minnesota AG Keith Ellison supports this bill and celebrated its passage.
On April 12, New York Attorney General (AG) Letitia James announced that her office has reached a settlement with Northwell Health, New York’s largest health care network, related to allegations of misleading billing practices involving COVID-19 testing.
Recently, a matter involving North Carolina Attorney General (AG) Josh Stein made headlines when it was announced that Affiliated Monitors Inc. would take over monitorship of HCA Healthcare. This relates to HCA’s compliance with the conditions set forth in an asset purchase agreement involving six North Carolina hospitals it acquired when it purchased Misson Health System in 2019 for $1.5 billion.[1] In addition to approving the asset purchase agreement, Stein sued HCA in a separate matter at the end of 2023 based on allegations of mismanagement, including inadequate staffing and lack of sterile equipment among other cost-cutting measures. While HCA is seeking dismissal of the lawsuit, in the asset purchase matter, both HCA and Stein consented to the use of a monitor, as well as this change. Stein stated, “[a] strong, independent and transparent monitor will go a long way in ensuring that HCA upholds it commitments” and “ensur[ing] that the people of western North Carolina have access to high-quality health care.”