State AG Pulse: Recent Episodes
Cozen O'Connor
Welcome to State AG Pulse, presented by Cozen O’Connor’s State AG Group. State AG Pulse is a limited series podcast that leverages our decades of experience to help business leaders navigate the 2022 state AG elections and understand and manage related opportunities and risks.
In this bonus episode in Season 5, Chris Allen and Chuck Slemp consider the power of incumbency and other determining factors in next year’s bumper state AG election cycle.
In the final episode of Season 5, Keturah Taylor talks with Cozen O’Connor colleagues Danielle Sapega and Rick Van Buren about the complex regulatory environment for GLP-1 drugs—including increasing state AG scrutiny—and they outline a road map to help legitimate market participants avoid pitfalls.
In Episode 7 of Season 5 former VA Chief Deputy AG Chuck Slemp runs down the Democratic candidates in the upcoming VA Primary with Grace Garver and gives his prediction for who will win the race in November.
In Episode 6 of Season 5 Chris Allen and Emily Yu examine New York’s proposed FAIR Business Practices Act and what it tells us about how AGs’ consumer protection authority is evolving to address the challenges on the horizon.
In Episode 5 of Season 5 Chris Allen and Hannah Land analyze Texas AG Ken Paxton’s recent $1.4B settlement with Google over alleged use of embedded tracking software and what it tells us about AGs’ privacy and data security concerns.
In Episode 4 of Season 5 Jerry Kilgore sits down with Chuck Slemp, who recently joined Cozen O’Connor’s State AG Group, for a peek at the role and responsibilities of a Chief Deputy AG and to find out how his “insider knowledge” informs how he guides clients.
Episode 3 of Season 5 explores how companies that make products that impact consumers’ and especially kids’ health – from e-cigarettes at one end of the well-being spectrum to breakfast cereals at the other – attract close scrutiny from state AGs.
In Episode 2 of Season 5, as the new administration pursues actions that will fundamentally reshape US government, former Arkansas AG, now Cozen O’Connor State AG Group Co-Chair, Dustin McDaniel and team members Chris Allen and Grace Garver discuss how #stateAGs will step up and the tools they have to fill the #regulatory void.
In Episode 8 of State AG Pulse, Chris Allen, Ketan Bhirud, and Emily Yu dive into the remaining primaries in this year’s state AG election cycle and the increasingly prominent role played by AGs in influencing federal policy.
In Episode 7 of State AG Pulse, Stephen Cobb and Keturah Taylor dive into the open seat state AG races in Oregon and Washington and other issues shaping the political landscape in the Pacific Northwest.
In this episode of State AG Pulse, Meghan Stoppel, Madison Smith and Keturah Taylor discuss comprehensive state privacy laws and how the uptick in recently enacted state legislation is impacting the federal privacy conversation in Congress.
In politics, argues Howard Schweitzer, knowing where a person comes from is fundamental to a successful relationship. Chris Allen and Jerry Kilgore agree, and in episode 5 of State AG Pulse, season 4, they consider AGs’ career trajectories and how for businesses, getting to know an AG can pay dividends for years to come. They also talk about the increasingly divisive nature of political dialogue and what it takes to bring about change at the state or federal level.
Republicans and Democrats agree on the importance of protecting children and teens against online predators. In this episode of State AG Pulse, Jerry Kilgore expands on his recent op-ed in Washington Examiner in which he argued that encouraging parental oversight, together with federal mandates for age standards, would be more effective in protecting children’s safety online than a patchwork of state laws. He predicts wide reverberations from the Supreme Court’s expected ruling in the NetChoice cases this summer including on the campaign trail, and debates with Stephen Cobb and Emily Yu the roles of state AGs, legislation and the Supreme Court in the fight between those who support content moderation and those who advocate for freedom of expression.
In our third State AG Pulse episode in season 4, we spotlight the pivotal Pennsylvania race with the benefit of insights from Cozen Public Strategies’ Jim Davis in Harrisburg and Joe Hill in Philadelphia. Meghan Stoppel and Siran Faulders engage with Jim and Joe on the PA races from the top of the ticket down. From Rust Belt state Pennsylvania, they traverse the other swing states of the Sun Belt and the South to explore how demographics in those other purple states may also drive voter behaviors.
In Episode 2 of State AG Pulse, Stephen Cobb talks with Swain Wood, former North Carolina Chief Deputy AG, and WRAL correspondent, Will Doran, on the North Carolina race and the extent to which it will be dominated by the office of the attorney general, both outgoing and incoming.
In this first episode of our new season, the State AG Group’s Jerry Kilgore and Stephen Cobb compare notes with Cozen Public Strategies CEO Howard Schweitzer and the Hon. Rodney Davis on the issues and politics of the upcoming election. From presidential to congressional and gubernatorial to state attorneys general races, they consider the impact of aging presidential contenders, the economy, immigration, reproductive rights, and international conflict. Who are the “double haters”? Will a 3rd party candidate throw the two-horse presidential race into disarray? Listen in for incisive analysis and insider insights.
Increasingly, influencers are being used by social media-savvy advertisers to encourage consumers to buy their products. And it works: these influencers have an outsized impact on what we buy. In this week’s podcast Meghan Stoppel and Hannah Cornett discuss warnings from the FTC to advertisers about how and when they should disclose influencer endorsements, while considering the likelihood that where the FTC leads, state AGs will follow.
State AGs’ authority is by no means limited to their more traditional jurisdictions - consumer protection, privacy, and antitrust - as several recent actions by state AGs in the labor and employment arena clearly demonstrate. In the penultimate episode of season 3, Chris Allen and Keturah Taylor consider recent efforts by Democratic AGs to help protect workers’ access to overtime pay and an enforcement action in DC related to a company’s misclassification of its workforce.
The 2023 AG elections showed Republican wins across the board, contrasting with Democratic success across the country on ballot initiatives in Ohio, judicial races in Pennsylvania, legislative races in Virginia and the Kentucky governor's race. In Episode 9, Stephen Cobb and Emily Yu parse the 2023 elections and consider the implications for 2024, when 10 states will vote for AG.
A data breach that exposed sensitive data collected in genetic testing that could potentially be used to target vulnerable populations has attracted the attention of Connecticut AG William Tong. In Episode 9, Chris Allen and Hannah Cornett discuss the implications of the breach and consider ways businesses that collect highly sensitive information can anticipate and prepare for data security incidents.
In 2020, action by Major League Baseball left 40 minor league teams out in the cold and their communities economically impacted. The minor leagues brought an antitrust suit against the MLB. Now a bipartisan coalition of state AGs has asked the Supreme Court to weigh in on the MLB’s historic exemption from such an antitrust claim. In Episode 8, Stephen Cobb and Keturah Taylor discuss this action and whether it portends more action and involvement from state AGs at the Supreme Court level.
When more than $2 billion was withdrawn from consumer bank accounts without authorization, the AGs took notice. The root cause? A payment processor’s use of real customer data instead of dummy data to test one of its payment products and faulty internal data security controls. In Episode 7, Meghan Stoppel and Emily Yu talk about why AGs are particularly concerned about this kind of consumer harm, and what companies can do to prevent this kind of scrutiny.
In addition to serving as consumer guardians, state AGs take their role as custodians of the environment very seriously, as exemplified by a recent action by DC AG Schwalb against electric utility Pepco. In Episode 5, Meghan Schwalb Stoppel and Keturah Taylor consider the ways in which AGs hold businesses accountable for their environmental impact.
In Episode 4, Chris Allen and Emily Yu look at the history of the SAFER Banking Act and consider whether the latest legislative proposal will realize AGs’ bipartisan ambitions for a regulatory and enforcement regime for cannabis that generates additional state revenues, deters bad actors, and provides businesses with predictability and legal certainty.
In Episode 3, Meghan Stoppel and Hannah Cornett recommend that all businesses pay attention to the CFPB’s recently issued guidelines on the use of AI tools in credit writing, since other regulators are likely to follow suit and the impacts go beyond the credit industry.
This episode of State AG Pulse looks at an investigation by Minnesota AG Keith Ellison into student loan providers alleged to have violated consumer protection and registration laws in his state, and the likelihood that it will sweep in other regulators and ripple throughout the debt servicing industry.
Launching off season 3 of State AG Pulse, Stephen Cobb and Emily Yu go behind the headlines on a multi-district litigation related to PFAS or “forever chemicals” playing out in district court. Despite a proposed settlement in the range of $10 - $12 billion, AGs are concerned about whether the amount will be sufficient to cover the needed remediation, and whether the manufacturers will have the financial means to make payments over the full duration of the settlement period.
To wrap up season 2 of AG Pulse, General Rokita of Indiana talks with Jerry Kilgore and Chris Allen about state sovereignty and the role of the states as laboratories of democracy. General Rokita bemoans the uptick in federal interventionism and the threat it presents to state authority as enshrined in the Constitution, illustrating his point of view by drawing on developments in privacy law in general, and the recent location-tracking suit against Google in particular.
Elected in November 2022, Vermont AG Charity Clark has hit the ground running, applying herself across a broad range of issues in the state from consumer protection, the environment, and privacy rights to domestic violence and women’s reproductive health.
Organized retail crime or ORC is one of the few bipartisan issues that lawmakers at both the federal and state levels agree has no upside for consumers or retailers, and regulators are stepping up. Artificial intelligence or AI, on the other hand, has the potential to do a great deal of good, provided it can be harnessed and regulated appropriately. Listen to Episode 10 of State AG Pulse to hear Lori Kalani, Siran Faulders and Maria Colsey Heard talk about the actions being taken by state AGs in these emerging areas and how businesses can respond.
In Season 3 of State AG Pulse which will launch in Fall 2023, we’ll be bringing you a new approach to state AG news. Each week we’ll choose one story from our curated summary of the week’s state AG news to explore in greater detail, tease out the key themes and provide new insights into the role of State AGs. In this special sneak preview, Chris Allen and Emily Yu dig into a story from last week’s state AG news about a cryptocurrency scheme that set off flares in state AG world.
Whether she is preparing to enforce Iowa’s new privacy laws, or working through solutions with businesses in the state, newly-elected Iowa AG Brenna Bird’s philosophy is underpinned by a common sense approach. In conversation with fellow Midwesterner Meghan Stoppel and former Virginia AG Jerry Kilgore, she talks about helping crime victims, recalibrating the office to best serve Iowans, and juggling her busy schedule with the demands of a young family.
State AGs have a wide range of tools they can use to hold companies accountable. Milton Marquis, Jerry Kilgore and Ann-Marie Luciano explore AGs’ power to prevent anticompetitive business conduct ranging from no-poach agreements and illegal non-competes to collusion and price-fixing.
Attorney General Keith Ellison has counseled Minnesota through a period of dramatic social and economic change in the wake of the pandemic, including the nationwide social justice protests in connection with the shooting of George Floyd by a police officer in May 2020. In conversation with Lori Kalani and Chris Allen, he talks about the demands on his office, his new hires and how he is collaborating with other states in multistate actions and adding resources to better serve the people and businesses of Minnesota.
Even when state AGs are not specifically authorized in a particular area, they can still be highly influential on their federal counterparts when it comes to regulation, enforcement, rulemaking and interpretation of statutes. Our team digs into state/federal collaboration: the who, what, why and how.
New Nebraska Attorney General Mike Hilgers describes himself as a very strong conservative who believes in openness in relationships and is committed to ensuring that people feel that they are being heard. In conversation with Lori and Meghan, he expands on the philosophy that underpins his dealings with AG office staff, businesses and state AG colleagues on both sides of the aisle.
State AGs can be powerful players when it comes to state policymaking and are increasingly weighing in on proposed federal policy and rulemakings. In New York, AG James has been deferential to state and local policymakers while often collaborating with other state AGs on issues NY state voters and legislators care about. In this episode we compare and contrast the New York model with the ways AGs engage in policymaking in other states.
Following his recent reelection, Lori Kalani and Ann-Marie Luciano talk with Attorney General Kwame Raoul about some of the challenges his office faced in his first term and how he led the office though them. From COVID, to a major cyberattack, to national assaults on voting rights, General Raoul explains how those challenges have impacted his priorities going into his second term, and made his office stronger.
In this episode we draw back the curtain on attorney general settlements, including an AG’s statutory authority and motives, and the factors that determine the size and composition of a settlement, and provide insights to help businesses negotiate for the best possible outcome.
In the first episode in Season Two, new Virginia AG Jason Miyares dispels the myth that AGs are anti-business. He talks about how he views businesses as victims when it comes to data breaches and seeks to work with them rather than blame them.
In this special post-election episode, host Lori Kalani talks with her partners Jerry Kilgore, Milton Marquis, Paul Connell and Mira Baylson about the outcomes in last Tuesday’s state AG races and the issues and trends that played into the results.
Bernie makes his final predictions before we return after the 2022 general election to analyze the results. He, Lori and Mira review the incumbents and the challengers, talk about who may ride in on whose coattails, and speculate on the make-up of what looks like a bumper freshman class of AGs entering office in 2023.
With little air between them, and similar left-of-center positions and platforms, the three Democratic candidates vying for the Massachusetts AG’s office need to find other ways to differentiate themselves in the minds of voters. Bernie, Mira and Milton, who previously worked in the MA AG’s office, offer their theories on what will make the difference to Massachusetts primary voters on September 6.
Arizona’s demographics are changing, and this now purple state is in many ways a national bellwether. With a crowded Republican field in the down-ballot AG race, Jerry Kilgore and Paul Connell postulate that it’s money that will separate the candidates and determine AG Brnovich’s successor. They discuss the candidates that have it… and those that don’t.
In this week’s episode, which is chock full of predictions, Lori, Bernie and Chris engage with Sean Rankin, President of DAGA, on his perceptions of the red wave and Democratic winners and losers. They discuss the complex interplay between state and national politics, which Sean likens to a chess match, the Democratic Party’s priorities for incumbent protection, and some potential surprises coming out of left field.
The two leading contenders for Maryland AG come from very different backgrounds: Anthony Brown is a past Maryland Lieutenant Governor, Congressman and long-time politician. Katie O’Malley, while she comes from a storied political family, has built her career as a District Court Judge in Baltimore City. In this week’s podcast, host Bernie and his State AG Group colleagues Milton Marquis and Chris Allen debate what this means for their election prospects and the future of the Maryland AG’s office.
In this week’s episode, Lori gets together with fellow State AG Group members Maria Colsey Heard and Ann-Marie Luciano to talk about the evolution of the DC Office of the Attorney General from a municipal office into a national powerhouse, Karl Racine’s legacy as its first elected AG, and how each of the candidates is likely to follow through on that legacy. They reflect on this year’s contentious race and explore DC’s unique position as both a city with pressing local issues, especially related to housing, and the seat of the federal government.
In this week’s episode, Lori and fellow State AG Group team member Mira Baylson are in conversation with former AGs Frank Sue Del Papa of Nevada and Betty Montgomery of Ohio, both phenomenal leaders with distinguished track records of achievement in their states. They talk about the overall rise in the number of multi-states and provide their perspectives on the era-defining Master Tobacco settlement of 1998. They bemoan the state of bipartisanship and campaign advertising and ponder the impact of gender on leadership.
This week Bernie and Lori engage with State AG team member Chris Allen on the race in New Mexico, where the AG’s office is likely to stay blue but a red wave, if it comes, could shake things up. They also ponder AGs’ use of outside counsel to supplement – or supplant - internal AG staff resources.
In this week’s episode, hosts Bernie Nash and Jerry Kilgore talk with Pete Bisbee of the Republican Attorneys General Association about what RAGA is, how it recruits candidates, and how it raises money to fund races. They speculate on election winners and losers, which Democrats may be vulnerable, how many seats the Republications hope to pick up in November, and where. Jerry challenges Pete to make his “Pete’s just crazy” prediction, and asks what it would take for the Republicans to play in California, Oregon and other historically “blue” states.
In this week’s episode, Bernie and Lori chat with Paul Connell, previously Chief Deputy AG in Wisconsin and Cozen O’Connor’s resident expert on the Arkansas AG race. We review the candidates’ backgrounds and qualifications and try our hand at picking who will win the race in November. We consider how the leading candidate’s background is likely to influence his priorities should he be elected, and discuss Arkansas’ open-door policy and the benefits it confers for businesses seeking to know what is on an AG’s mind.
In this week’s episode, we get an insider’s perspective on the Nebraska open seat race and its political and business significance from Meghan Stoppel, who served as Consumer Protection Chief under the current AG, Doug Peterson, from 2017 to 2021.
Welcome to the inaugural episode of State AG Pulse. From now until August, we’re excited to bring you our insights and commentary on the 2022 state attorney general elections, and why they matter for business leaders. In this first episode, Pulse hosts Lori Kalani and Bernie Nash talk with Karen White, Executive Director of the Attorney General Alliance. They provide a quick “AGs101” tutorial and discuss just how powerful AGs really are. They also preview key issues in the eight open seat races and note which incumbents are at risk in their state races, including some surprises so far in the run up to and early primaries. The discussion also touches on how much it costs to run an election campaign, whether money matters, and the impact of national politics on state races. For all this and more, check out this week’s episode.