Volume 3, Number 1

February 2018: NAGTRI Journal

All the articles in PDF format.

Compliance Monitoring and State Attorney General Investigations: Issues in Appointment and Operation*

Robert E. Cooper, Former Tennessee Attorney General and Member, Bass, Berry and Sims PLC and Todd E. Leatherman, Special Attorney, Kentucky Attorney General's Office
With increasing use of compliance monitors by state attorneys general and federal law enforcement in corporate settlement agreements, this article describes the significant advantages that monitors provide in enforcing complex injunctive relief and overseeing systemic corporate changes, and discusses key practices and standards to consider in selecting monitors and defining their roles.

Pretextual Investigative Techniques and the Rules of Professional Conduct

Judy Zeprun Kalman, General Counsel and AG Institute Director and Mariya Treisman, Special Assistant Attorney General, Massachusetts Attorney General's Office
The parameters of Rule 8.4 for lawyers has been an issue of some concern, especially when prosecutors are supervising law enforcement investigators. This article discusses the recent application of Rule 8.4 by Colorado and Oregon and offers a methodology for analyzing when pretextual investigations will survive scrutiny.

Social Media is the New Town Square: The Difficulty in Blocking Access to Public Accounts*

Brian Kane, Assistant Chief Deputy Attorney General, Idaho Attorney General's Office
Advising public officials on the use and misuse of social media must take into account constituents' First Amendment right to access and comment. Determining whether a social media post is "official" or "personal," determining how officials can limit comments, and learning platforms' methodology for limiting contacts are essential components to determine how this new "public space" for discussion can be regulated.

Recent Powers and Duties Decisions

Emily Myers, NAAG Antitrust and Powers and Duties Chief Counsel
This article reports on the latest decisions across the country affecting the powers and duties of state attorneys general.

Prosecuting Drug Overdose Cases: A Paradigm Shift

Mark Neil, NAGTRI Program Counsel
The number of overdose deaths in the United States has risen alarmingly; they are now the number one cause of accidental deaths. Investigating and prosecuting these deaths as homicides requires re-thinking how law enforcement handles these deaths and a thorough understanding of the laws supporting prosecuting the dealer who sold the drugs.

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