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Derick D. Dailey

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Artificial intelligence is now a mainstay in our daily lives. It’s in our phones and computers. It helps us draft emails and learn math. It recommends purchases and guides our online searches. It’s everywhere—and every sign suggests that it’s here to stay.

Unsurprisingly, the Federal Government has shown a lot of interest in artificial intelligence as well. Congress has held hearings on various A.I. topics. In late 2024, the White House Office of Science and Technology and former President Biden issued a Blueprint for an A.I. Bill of Rights and Executive Orders to guide agency policy. Just days before leaving office, former President Biden issued an Executive Order aimed at building large-scale data centers and clean power infrastructure to safely develop A.I. In his first day in office, President Trump rescinded Executive Order 14110, providing for safe, secure, and trustworthy development of A.I. Members of Congress have introduced A.I. bills into committee, on topics as various and critical as national security, intellectual property, online personal safety, and education. But action directed at consumers has been minimal.Continue Reading States are Taking Action on Artificial Intelligence. It is a Trend That is Likely to Continue

Democratic State Attorneys General took a series of actions to defend Biden Administration Rules on the environment, firearms, and immigration, in the final days before President Trump returned to the White House. While these State AGs argue that the rules at issue protect the public health and safety of their constituents and the nation, the incoming Administration has indicated that it may withdraw its support from some or all of these regulations. Notably, many of the Rules in question face legal challenges from Republican State Attorneys General. A look at the Democratic AGs’ actions is below.Continue Reading Democratic State Attorneys General Move To Protect Key Priorities Just Days Before the Inauguration of President Trump

Ten states held elections for state attorney general last month. Those states include: Indiana, Missouri, Montana, North Carolina, Oregon, Pennsylvania, Utah, Vermont, Washington and West Virginia. Of the ten elections, there was only one change in political party—Pennsylvania, from Democrat to Republican. Additionally, six states elected new attorneys general—North Carolina, Oregon, Pennsylvania, Utah, Washington and West Virginia. Notably, three attorneys general were elected governor of their respective states. Those incoming governors include Josh Stein of North Carolina, Bob Ferguson of Washington, and Patrick Morrisey of West Virginia. A summary of each new attorney general and attorney general turned governor is below, listed alphabetically.Continue Reading Key Changes to the State Attorneys General – 2024 to 2025 Transition

On November 27, 2024, a group of eleven state attorneys general (the “AGs”) sued three of the world’s largest asset managers (the “Asset Managers”), accusing them of anticompetitive stock acquisitions, deceptive asset management practices, and an antitrust conspiracy to restrict coal output. The states seek declaratory and injunctive relief including divestitures, as well as fines under state laws, although the allegations could provide a basis for follow-on private treble damages claims under the antitrust laws.

The AGs’ antitrust and consumer protection suit follows a series of cease-and-desist letters and demands for information by many state attorneys general including the plaintiffs here, as well as a lengthy congressional investigation accusing sustainability-focused investors and climate activists of forming a “climate cartel.” That investigation produced an extensive House Judiciary Committee Report compiling internal material regarding activities by sustainability-focused investment groups and their members, which the minority “Counterreport” alleged had been subpoenaed and published specifically to enable like-minded state law enforcers to bring suit.

While this client alert focuses on the details of the litigation against these Asset Managers, there are practical steps that all companies should take when considering sustainability-focused collaborations, standards, or goals. We discuss some of them below, as well as in a recent client alert and a ABA Section of Environment, Energy, and Resources’ Trends article.Continue Reading Eleven States Sue Asset Managers Alleging ESG Conspiracy to Restrict Coal Production

Each week, Crowell & Moring’s State Attorneys General team highlights significant actions that State AGs have taken. See our State Attorneys General page for more insights. Here are last week’s updates.Continue Reading State AG Updates: September 25-October 2, 2024

On July 1, the U.S. Supreme Court remanded a set of Florida and Texas laws restricting social medial companies’ ability to curate, amend or edit online user content in Moody v. NetChoice and NetChoice v. Paxton, but in so doing noted that “to the extent that social media platforms create expressive products, they receive the First Amendment’s protection.”[1]Continue Reading The State Law Landscape After Justices’ Social Media Ruling

California Governor Gavin Newsom announced his plans to sign Senate Bill 1037, a bill designed in response to the “statewide housing shortage crisis” that will give Attorney General Rob Bonta new civil penalty authority to hold municipalities accountable from the moment they purportedly first violate the state’s housing laws. This marks a significant change in the law.Continue Reading California to Empower Attorney General with Increased Authority to Ensure Cities Comply with State Housing Laws