Announcements, information and updates from CWAG Members and Associates
November 1, 2018
HOT TOPICS
Articles on topics relevant to the work of Attorneys General around the nation.
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SUPER TYPHOON HITS NMI
Super Typhoon Yutu Takes Horrible Toll On Northern Mariana Islands

CWAG expresses its care & concern for General Manibusan, his staff and all the residents of the NMI in the aftermath of Super Typhoon Yutu.

For more information or to offer General Manibusan assistance, please contact Karen White via email at karen.white@cwagweb.org or (916) 833 2603.
CYBER SECURITY
AG Data Breach Report Finds 3.4 Million Washingtonians’ Privacy Compromised by Data Breaches
2018 report also details Ferguson’s recommendations to strengthen Washington’s data breach notification law
October 30, 2018

Attorney General Bob Ferguson’s third annual Data Breach Report finds that data breaches affected nearly 3.4 million Washingtonians between July of 2017 and July of 2018 — an increase of 700,000, or 26 percent, over the previous year, and an increase of nearly 3 million, or more than 700 percent, compared to two years ago.

The law requires notice to the Attorney General when a breach impacts 500 or more Washingtonians, and the Attorney General’s Office received 51 such notices in fiscal year 2018. Ferguson’s report finds that malicious cyberattacks continue to be the leading cause of data breaches affecting Washingtonians.

In light of these trends, Ferguson’s report recommends a number of ways to strengthen Washington state’s data breach notification law.

More information about data breaches in Washington, including the individual data breach reports submitted to the Attorney General’s Office, is available at  www.atg.wa.gov/data-breach-notifications . Information for businesses on reporting data breaches is available at  www.atg.wa.gov/identity-theft-and-privacy-guide-businesses .
CONSUMER PROTECTION
AG Ferguson Asks Court to Hold Johnson & Johnson Liable for Failing to Disclose the Dangers of Its Surgical Mesh Devices 
Company concealed risks that can result in devastating health impacts to women
October 26, 2018

Attorney General Bob Ferguson asked a court to rule that Johnson & Johnson misrepresented, and in some cases failed to disclose entirely, serious risks associated with its surgical mesh devices.

Ferguson asserts that Johnson & Johnson and its subsidiaries knowingly omitted serious, debilitating, life-altering complications associated with its mesh devices from the instructions included with every device sold from 1999 to late 2015. The missing information included risks such as chronic pain, pain with sexual intercourse, numerous urinary issues and the difficulty of removal. Johnson & Johnson still has not amended some of its instruction packets to warn about other risks associated with its devices, such as the risk of mesh contracture.

In addition to omitting serious risks in its instruction packets, Ferguson asserts that Johnson & Johnson downplayed some of the serious complications caused by some products before 2015.
VAPING
Electronic Smoking Device Retailing Registration Requirement in Effect in Hawaii
October 31, 2018

Hawaii Attorney General Russell Suzuki announced the establishment of
the Electronic Smoking Device Retailer Registration Unit within the Department of the
Attorney General, pursuant to Act 206, Session Laws of Hawaii 2018. The Act requires
an entity engaged in the retail sale of electronic smoking devices to register with the
Unit, provide identifying information, and allow for inspections of the retailer’s facilities.
Failure to timely register may subject a violator to a civil penalty of $100 for each day
the retailer is in violation, plus the costs of the investigation conducted by the Unit to
determine the violation
PRESCRIPTION DRUG TAKE BACK DAY
AG Schimel Celebrates Record Breaking Drug Take Back Day, Distributes More Than 2,300 Doses of Naloxone
October 30, 2018

Attorney General Brad Schimel announced that Wisconsin had a record breaking Drug Take Back Day, with a preliminary collection of 66,100 lbs. The October 2018 collection is the largest preliminary weight in the history of Wisconsin’s nationally recognized program. The 71 pallets of unused medications filled three semi-trucks. Combined with the May 2018 collection, 2018 is the most successful year of Wisconsin’s Drug Take Back Program. During the drug collection process, Wisconsin Department of Justice (DOJ) also distributed thousands of life-saving doses of the life-saving opioid antidote, NARCAN nasal spray to more than 220 Wisconsin law enforcement agencies.
TELESCOPE PERMIT
Hawaii Supreme Court Upholds Permit for Giant Telescope
October 30, 2018

After years of delay, including lengthy court battles and passionate protests from those willing to be arrested for blocking construction crews, builders of a giant telescope plan to move forward with constructing the $1.4 billion instrument on a Hawaii mountain that is considered sacred.

The state Supreme Court’s 4-1 ruling upholding the project’s construction permit Tuesday is a victory for the contentious Thirty Meter Telescope planned for Hawaii’s tallest mountain, Mauna Kea. Opponents say the telescope will desecrate sacred land on the Big Island. Supporters say it will bring educational and economic opportunities to the state.

Further legal action is still possible, state Attorney General Russell Suzuki said. There can be a motion for reconsideration filed within 10 days and following that, a request can be made to the U.S. Supreme Court to review the decision, he said.
OPIOID CRISIS
AG Rutledge Attends Legislation Signing Ceremony at Whitehouse to Combat Opioid Crisis
Says, ‘Fighting the opioid crisis is a priority of mine as Attorney General’
October 24, 2018

Arkansas Attorney General Leslie Rutledge participated in a bill signing ceremony at the White House in the East Room where President Donald J. Trump signed legislation to continue the federal government’s commitment to combatting the opioid crisis.

The SUPPORT for Patients and Communities Act is the largest legislative effort in history to address the opioid crisis. The legislation will help lift people out of addiction, help keep illicit drugs out of our communities, expand public awareness and prevention initiatives to stop addiction before it starts and save lives.
PRICE GOUGING
Attorney General Josh Stein Gets Preliminary Injunctions Against Hurricane Florence Price Gougers
October 29, 2018

Attorney General Josh Stein was granted preliminary injunctions against two companies involved in separate price gouging lawsuits he filed earlier this month. In the first suit, the court entered a preliminary injunction against defendant Nicholas Downey and his tree-cutting company, Action Tree Pros. The injunction will be in place until the resolution of the case and forbids Downey and his company from conducting any tree removal services in North Carolina.
 
In the second suit, the court extended its injunction against Scott Lacey and Randy Shannon to prevent Scotts Tree Services from doing any business in North Carolina. In addition, defendants Stephen Lombardi, Amy Lombardi, and their debt collection company Goldberg & Donovan, Inc., based in Massachusetts, consented to an injunction forbidding them from conducting any debt collection from North Carolina consumers
DRUG ABUSE SYMPOSIUM
Indiana's 9 th  Annual Drug Abuse Symposium

On Tuesday October 30, 2018, Oscar Aaron Santiago Quintos was a keynote speaker at the Office of the Indiana Attorney General’s 9 th  Annual Drug Abuse Symposium in Noblesville, Indiana. 
 
Santiago Quintos discussed how Transnational Criminal Organizations have moved beyond the violence we hear about on the news. Production, trafficking and distribution of opioids has become a lucrative business for TCOs, particularly in the US, where the end-buyer is often located. Mr. Santiago Quintos discussed the scope of the problem, and how productive bilateral collaborations between US and Mexican partners are one of the most effective ways to begin to combat this growing problem in both countries. 
AILD
The Supreme Court Has Granted Certiorari in Three Indian Law Cases That Will Be Decided This Term
Carpenter v. Murphy, Washington Department of Licensing v. Cougar Den, Inc., and Herrera v. Wyoming.

Each involves issues that will have substantial practical and legal effect on both the parties and others. Please join Kansas Attorney General Derek Schmidt as he moderates this discussion featuring Mithun Mansinghani, Solicitor General, State of Oklahoma; John G. Knepper, Chief Deputy Attorney General, State of Wyoming; and Fronda C. Woods, former Assistant Attorney General, State of Washington. This webinar is available via CWAG’s content partner Thomson Reuters and may be available at a lower cost to you and your office via your existing WestLegalEd subscription.
Updated American Indian Law Deskbook Is Now Available

The American Indian Law Deskbook  is a concise, direct, and easy-to-understand handbook on Indian law. The chapter authors of this book are experienced state lawyers who have been involved in Indian law for many years.

American Indian Law Deskbook  addresses the areas of Indian law most relevant to the practitioner.
Topics include:
  • Definitions of Indians and Indian tribes
  • Indian lands
  • Criminal, civil regulatory, and civil adjudicatory jurisdiction
  • Civil rights
  • Indian water rights
  • Fish and wildlife
  • Environmental regulation
  • Taxation
  • Gaming
  • Indian Child Welfare Act and tribal-state cooperative agreements
AG ELECTION TRACKER
Follow the 31 AG Races in 2018 on this Interactive Website
A significant number of states, 30 and the District of Columbia, have contests for the Office of Attorney General. Cozen O’Connor’s State Attorneys General Practice hosts an interactive map for those interested in following the races throughout the country. The State AG Election Tracker includes state-by-state AG candidate snapshots, filing deadlines and primary election dates; daily news, insights, polling and fundraising data; and the ability to sign up for real-time election-night updates via text and email. Access is free.
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