Announcements, information and updates from CWAG Members and Associates

October 3, 2018
CWAG SPORTS BETTING SEMINAR
Please Join CWAG Live Online to Watch the 2018 Sports Betting Seminar on October 4th - 5th

As we expect a number of state legislatures to take up this issue in their next few legislative sessions, the Attorneys General will be responsible for providing briefings and opinions to the legislature regarding the legal obstacles and parameters for Sports Betting within their state.

Council Aims To Bring DC Sports Betting To The Nation’s Capital By 2019
October 2, 2018

If all goes according to plan, Washington, DC sports betting could become a reality by spring of 2019.

The council’s Committee on Finance and Revenue will hold a public hearing October 17 to discuss the  Sports Wagering Lottery Amendment Act of 2018” .  

DC is an interesting location for sports betting  to pop up, considering professional sports leagues continue to lobby Congress for federal oversight following the demise of the  PASPA.

Sports betting is legal in nearby  Delaware New Jersey  and  West Virginia , and is expected to come online in  Pennsylvania  this fall. Neither  Maryland  nor  Virginia  have been able to move legislation in their respective states.

The  DC sports betting bill  must pass both a vote from the finance committee and another from the full 13-member council.
NHL Could See $216 Million in Revenue Annually Due to Legalized Sports Betting
League to benefit from increased viewership, advertising, media and data rights fees
October 2, 2018

The National Hockey League’s (NHL) annual revenue may increase by $216 million annually due to widely available, legal, regulated sports betting, according to a new Nielsen Sports study commissioned by the American Gaming Association (AGA).

The study analyzes the revenue streams that legal sports betting could generate for the NHL: revenue as a result of spending from betting operators on advertising, data and sponsorship, and revenue generated as a result of increased consumption of the league’s media and products.

According to Nielsen Sports, greater fan engagement and viewership could boost the NHL’s total annual revenue from media rights, sponsorships, merchandise and ticket sales by 3.5 percent, producing $151 million in new revenue from increased consumption of the league’s products.

Legal sports betting could help the NHL generate an additional $65 million in revenue as a result of spending by betting operators and data providers. The study projects that gaming operators may spend $24 million on advertising, which will directly increase the league’s rights fees by the same amount. An additional $35 million in sponsorship revenue and $6 million in data is also projected for the league and its teams.
Games Within Games
With sports gambling legal, some are betting on a new kind of fan experience
October 1, 2018

For years, most American sports leagues have resisted gambling of any sort, scarred by match-fixing and point-shaving scandals that still stain history books. But in recent years, public attitudes have relaxed, and many of the major stakeholders slowly have shifted their stances. In May, the Supreme Court effectively shut down the federal law that outlawed sports betting in most places outside of Nevada, allowing individual states to decide on their own if they want in on the lucrative sports gambling business. It’s an industry that some believe topped $100 billion as an underground market and some analysts think could grow into a $6 billion to $16 billion industry, depending on how many states get onboard.

Five states have cleared the way for sportsbooks, and more than 20 others, plus the District, are debating legislation and could start taking bets in the coming year or two. As sports gambling becomes more widespread, it will become increasingly folded into the fabric of the games Americans love to watch. It’s potentially a booming business that could bolster teams and leagues while changing the way even nongamblers engage with the action.
CYBER SECURITY WORKING GROUP MEETING
The next meeting of the Cyber Security Working Group will be held in conjunction with the CWAG Winter Dinner in Charleston, South Carolina at the Dewberry Hotel. The Working Group session will be held on Wednesday, November 28th, from 9:00-11:00 am. A light breakfast will be provided.
 
Please RSVP directly to Lauren Niehaus at  LNiehaus@cwagweb.org  to attend our next session. Please be sure to separately register for the Winter Dinner on the  CWAG 2018 Winter Dinner Registration Website .
HOT TOPICS
Articles on topics relevant to the work of Attorneys General around the nation.
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E-CIGARETTES
Hood, State Officials Address E-Cigarette “Epidemic” Among Teens
September 28, 2018
 
The e-cigarette trend is now being called an “epidemic” by the Food and Drug Administration, and Mississippi Attorney General Jim Hood announced he is taking specific actions to protect youth in particular against these addictive products. 
General Hood is joining the Mississippi Department of Health, Mississippi Tobacco Data at the Mississippi State University Social Science Research Center, Mississippi Bureau of Narcotics, and The Partnership for a Healthy Mississippi to alert parents and teenagers of the dangers of teens using nicotine-packed electronic cigarettes, or “vaping” as it is commonly called. He is also calling attention to legislative needs regarding potency standards of nicotine and other chemicals used by unregulated stores throughout Mississippi where the chemicals are mixed and placed in the pods used in these electronic nicotine delivery systems (ENDS). General Hood’s office is drafting legislation to revise the definition of tobacco to include a tax on the ENDS just as with tobacco.
OPIOID CRISIS
VA Adding Opioid Antidote To Defibrillator Cabinets For Quicker Overdose Response
September 27, 2018
 
Equipping police with nasal spray naloxone is becoming more common across the country, but there has been some resistance to making the drug available in public.
Giving naloxone to someone who hasn't overdosed isn't harmful, but it is a prescription drug. So Bellino says the VA had to persuade the accrediting agency   The Joint Commission  to approve guidelines for the AED naloxone project.
 
The cabinets must be sealed and alarmed so staff can tell if they've been opened. They must be checked daily and refilled when   the naloxone kits expire.
AG Reyes Brings Utah Opioid Solutions to the White House
Policymakers from 40 states and territories gather at the nation’s capitol to discuss best practices in fighting the opioids epidemic
September 28, 2018

Utah Attorney General Sean D. Reyes was featured alongside federal leaders to sound an alarm and share tools for combating the opioid epidemic. The conference was hosted by the White House Office of Intergovernmental Affairs to foster collaboration and discuss best practices in addressing the opioid crisis in neighborhoods, communities, and states. Officials from over forty states, territories and tribes attended the conference.

Attorney General Reyes highlighted what Utah does right – specifically, mobilizing a diverse and talented network of professionals including legislators, state officials, federal partners, educators, religious groups, civic groups, and concerned citizens. “It takes everyone,” said Reyes. “This is not a Republican issue or a Democrat issue. This is a humanitarian issue. Too many have died in Utah and in America. This is a clear and present danger. This epidemic kills people of every single background. Because of that we need everyone to work together.”

In addition to Attorney General Reyes, the panel included Jim Carroll, the Deputy Director for the Office of National Drug Control Policy (ONDCP), Admiral Brett Giroir, Assistant Secretary for Health at Health and Human Services, Anne Hazlett, Assistant Secretary for Rural Development at the United States Department of Agriculture, John Martin, Assistant Administrator for Diversion at the Drug Enforcement Agency, and Andrew Bremberg, Assistant to the President & Director of the Domestic Policy Council.
CONSUMER PROTECTION
Attorney General Becerra: Consumers Deserve the Right to Hold Apple Accountable – the Court Should Overturn the Illinois Brick Decision
October 2, 2018

California Attorney General Xavier Becerra has joined a bipartisan multistate amicus brief to the U.S. Supreme Court in Apple v. Pepper, supporting consumers who allege that Apple, Inc. (Apple) violated antitrust laws by monopolizing distribution of iPhone applications (apps).

In Apple v. Pepper, Apple is appealing a judgment in favor of consumers from the Ninth Circuit Court of Appeals. Apple argued that the appellate court’s ruling should be overturned based on a 1977 U.S. Supreme Court decision, Illinois Brick v. Illinois (Illinois Brick). The decision established that only a direct purchaser of goods could seek legal remedies for antitrust violations committed by a manufacturer or service provider. Using this precedent, Apple contends that consumers who purchase apps are “indirect purchasers” because they must make purchases through Apple’s App Store rather than directly from app developers. Accordingly, Apple argues that consumers have no recourse to sue Apple for anti-competitive practices. The States’ brief challenges Apple’s argument and supports consumers by asking the Supreme Court to overturn the Illinois Brick rule. 

Apple v. Pepper involves a nationwide class action case against Apple by consumers who had purchased applications from the Apple App Store. The consumers allege that Apple violated federal antitrust law by monopolizing the distribution of iPhone apps and excessively charging consumers a 30 percent commission on purchases through the store. The plaintiffs argue that consumers were unable to bypass purchasing the costlier apps without violating their iPhone warranties. Apple thereby stifles competition and forces customers to pay increased prices. The Ninth Circuit agreed with the plaintiffs. Apple has challenged this ruling on the basis that the lower court misinterpreted the Illinois Brick rule. 

The Illinois Brick rule limits the ability of state attorneys general from bringing federal antitrust lawsuits on behalf of state agencies victimized by manufacturer price-fixing and limits consumers’ ability to bring these actions themselves, because consumers purchase most price-fixed goods indirectly. Congress partially addressed this issue for states by amending federal antitrust law to allow state attorneys general to bring actions on behalf of a state based on harm to their residents, but did not extend that authority to cover purchases by state agencies or to allow consumers to bring actions themselves. While California’s state antitrust laws contain provisions that allow indirect purchasers to file actions, many states do not. As a result, in nationwide settlements, consumers may receive different settlement amounts or terms according to their own state law. This creates inequity and inconsistencies in nationwide settlements. Overturning Illinois Brick would help to fix this discrepancy.

Attorney General Becerra joined the Attorneys General of Arkansas, Arizona, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Louisiana, Maine, Maryland, Massachusetts, Montana, Nebraska, North Dakota, New Mexico, Pennsylvania, Rhode Island, South Carolina, South Dakota, Texas, Virginia, and Washington, D.C., in filing the brief.
Attorney General Becerra Announces Arrests, Charges Against 17 Individuals for $1 Million Robbery Scheme Targeting Apple Retail Stores 
September 27, 2018

California Attorney General Xavier Becerra announced the arrest of and charges against 17 individuals for a robbery scheme targeting Apple retail stores across California that resulted in the loss of over $1 million. The defendants are charged with entering Apple retail stores in large groups wearing hoodies and snatching products on display in a matter of seconds. The alleged crimes took place across 19 counties. 
 
Seven adults were arrested on September 25, 2018 and booked in the Alameda County Jail. Another is currently in custody in Sonoma County. Arrest warrants have been issued for nine other suspects. The investigation is ongoing. 
FORENSIC DNA
Attorney General Laxalt Announces 95 Percent of Backlogged Sexual Assault Kits Sent for DNA Testing, Resulting in at Least 13 Arrests Statewide 
AG Laxalt’s Office Secures Additional $1,000,000 in Sexual Assault Kit Initiative Federal Grant Funding, Securing More than $10 million in Total 
September 28, 2018 

Nevada Attorney General Adam Paul Laxalt announced that 95 percent of Nevada’s previously untested sexual assault kits have been sent to labs for testing resulting from the hard work of his statewide Sexual Assault Kit Backlog Working Group. The Working Group was formed in 2015 to take a multi-disciplinary, comprehensive and collaborative approach to address Nevada’s backlog of nearly 8,000 untested sexual assault kits. Including the newly obtained $1,000,000 Sexual Assault Kit Backlog Initiative (SAKI) grant awarded by the Bureau of Justice Assistance, the Office of the Nevada Attorney General has secured over $10,000,000 in grants and settlements for Nevada’s statewide sexual assault kit initiative. The bulk of the most recent $1,000,000 in funding will be awarded to the Las Vegas Metropolitan Police Department for continued support for investigations and victim advocacy. 

To learn more about Nevada’s sexual assault kit backlog and resources available to survivors, visit endnevadasbacklog.ag.nv.gov
IACHR MIGRANT IDENTIFICATION SEMINAR
The International Human Rights Body Convenes Hearing to Examine the United States Failure to Facilitate the Identification of Missing Migrants

he Inter-American Commission on Human Rights (IACHR) will convene a hearing on the identification of the remains of migrants who disappeared along the United States border. Forensic scientists, human rights experts, and family members of missing migrants will provide testimony and answer questions at the hearing. Representatives of the Unites States government are also expected to be present.

The hearing will take place on Friday, October 5th, 2018, at 10:15 a.m. at the University of Colorado Law School.
E-CIGARETTES/VAPING
FDA Conducted Surprise Inspection of Juul’s Headquarters
Health officials say the visit was part of their efforts to combat surging youth use of e-cigarettes
October 2, 2018

The Food and Drug Administration conducted a surprise inspection of Juul Labs Inc.’s San Francisco headquarters last week as U.S. health officials combat what they call the harmful and surging use of e-cigarettes by youngsters.

FDA inspectors collected more than a thousand pages of documents at the e-cigarette startup’s offices, focusing on sales and marketing practices, the agency said Tuesday.

Juul Chief Executive Kevin Burns said the company had “constructive and transparent” meetings with inspectors. He added that Juul has now released more than 50,000 pages of documents to the FDA, following the agency’s initial request in April for information that could help explain why its devices and flavored liquids appeal to youths.
BULLYING PREVENTION MONTH
Schuette Recognizes October as National Bullying Prevention Month
October 1, 2018
 
Michigan Attorney General Bill Schuette recognized October as National Bullying Prevention month.

The Attorney General offers FREE student safety in-school presentations for K-12th grade students, parents, guardians, and community leaders. To date, more than two million Michigan students have attended a presentation.

Students in K-5th grade receive age-appropriate instruction from the Michigan Cyber Safety Initiative (CSI), a national award-winning program. Students in 6th-12th grade receive dynamic OK2SAY student safety programming.

Adults can learn about our programs and how to host them by attending our Community Seminar or Program Overview. Scheduling is fast and easy on the OK2SAY website.

Presentations are also always available to entire schools. If your school is interested in hosting an OK2SAY/CSI presentation, sign up today on the OK2SAY website.
AILD
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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