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 insight. Here are this week’s updates.
Continue Reading State AG Updates: June 20-26, 2024State Attorney General Bipartisan Discussions and Perspectives from the Attorney General Alliance
Crowell attorneys attended the Attorney General Alliance (AGA) Annual Meeting in Colorado Springs, Colorado from June 12 to June 15. As usual, the conference included receptions and other networking events allowing the Crowell attorneys in attendance to engage with the over twenty attorneys general (AGs), from both political parties, as well as a host of their respective staff.
The conference included sessions focused on, among other topics, the Artificial Intelligence (AI) economy, the ethical use of AI, mental health, antitrust, Supreme Court litigation, state and federal cooperation, consumer protection and education, federal preemption, and emerging technologies. Conference speakers included: Jon Palmer, Microsoft General Counsel; Rajit Kapur, Instacart IP Counsel; Vanessa Broadhurst, Johnson & Johnson Executive Vice President of Global Corporate Affairs; the Honorable Mark Bennett, U.S. Court of Appeals for the Ninth Circuit; Stacey Friedman, JPMorgan Chase & Co. Executive Vice President and General Counsel; Maryana Zubok, Pfizer, Inc., Vice President & Chief Counsel; Harold Kim, U.S. Chamber Executive Vice President; Sue Boyett, local United Way Executive Director; and David Zapolsky, Amazon Senior Vice President for Global Public Policy & General Counsel.
Below please find some key takeaways from the conference:
Continue Reading State Attorney General Bipartisan Discussions and Perspectives from the Attorney General AllianceState AG Updates June 27-July 3
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 insight. Here are last week’s updates.
Continue Reading State AG Updates June 27-July 3The Evolving Landscape of Title IX Protections in Education
On August 1, 2024, Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, one of the final Title IX regulations of the U.S. Department of Education released on April 19, 2024, will go into effect. The new regulations address the previous administration’s rollback of Title IX protections, and include, among other things, an expanded definition of sex discrimination that provides new protections for LGBTQ+ individuals against discrimination on the basis of sexual orientation and gender identity. For example, the new rules prohibit schools that receive federal funding from barring transgender students’ use of pronouns that correspond to their gender identities, or denying transgender students access to facilities, like locker rooms and restrooms, that match their gender identities. Other notable changes in the new regulations include the following: (1) protection from all sex-based harassment and discrimination, including that based on sex stereotypes, sexual orientation, gender identity, or pregnancy or related conditions; (2) broadening the definition of “hostile environment” harassment to include conduct that is so severe or pervasive that it limits or denies a person’s ability to participate in the education program or activity; (3) increased accountability by requiring schools to take prompt and effective action to end any sex discrimination in their education programs or activities, prevent reoccurrence, and remedy its effects; and (4) protection against retaliation for students, employees, and others who exercise their Title IX rights.
Continue Reading The Evolving Landscape of Title IX Protections in EducationState Attorneys General Spar Over ABA’s Diversity Standard
In a recent development that underscores the ongoing debate over diversity, equity, and inclusion (DEI) initiatives in the United States, a group of 21 Republican State Attorneys General spearheaded by Tennessee Attorney General Jonathan Skrmetti has challenged the American Bar Association’s (ABA) Standard 206 on Diversity and Inclusion. In a letter sent to the ABA in early June, the Republican AG group argues that the ABA Standard and its proposed revisions are unlawful due to the Supreme Court’s ruling in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA).
Continue Reading State Attorneys General Spar Over ABA’s Diversity StandardState AG Collaboration With Federal Agencies Is on the Rise
With the increase in state-federal collaboration, now is the time to ensure that your company is in the best position to engage with and address potential regulatory enforcement actions. In light of the uptick in intergovernmental investigative and enforcement collaboration, namely among federal agencies such as the Department of Justice (DOJ), and individual state authorities like state attorneys general offices (AGs), AGs are growing their enforcement capacity and increasing their activity in areas that have historically been left to federal agencies.
Continue Reading State AG Collaboration With Federal Agencies Is on the RiseState AG Updates: May 29-June 5, 2024
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 insight. Here are this week’s updates.
Continue Reading State AG Updates: May 29-June 5, 2024State AG Updates: June 6-13, 2024
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 insight. Here are this week’s updates.
Continue Reading State AG Updates: June 6-13, 2024State AG Updates: May 10-16, 2024
Each week, Crowell & Moring’s State Attorneys General team highlights significant actions that State AGs have taken. Here are this week’s updates.
Continue Reading State AG Updates: May 10-16, 2024The State Of Play In DEI And ESG 1 Year After Harvard Ruling
In a recently published Law360 article, “The State Of Play In DEI And ESG 1 Year After Harvard Ruling,” Toni Michelle Jackson, Roy Abernathy and Tiffany Aguiar discuss the impact on state attorneys general of the Supreme Court’s decision in Students for Fair Admissions v. President & Fellows of Harvard College (SFAA). SFAA ruled that race-based policies should not be used as a factor in university admissions. In July 2023, thirteen Republican attorneys general signed a public letter to Fortune 100 CEOs raising legal concerns of corporate diversity, equity, and inclusion (DEI) plans and considering potential litigation. However, no attorneys general have filed a DEI-related lawsuit, and even after we widened the net to include any ESG-related lawsuits, only environmental claims have been filed by attorneys general. This article focuses on the attorneys general response to the ruling, the effect on DEI and ESG efforts, especially of Fortune 100 companies, and discusses possible ways to minimize potential enforcement actions brought by attorneys general.