Indiana Governor May Retain Counsel without Attorney General’s Consent

The Indiana General Assembly enacted a law that allowed it to call itself into emergency session and overrode the Governor’s veto. The Governor sued the legislature, challenging the law as “unconstitutionally co-opting a purely executive function.” The Governor argued that under the state constitution, only the Governor can call an emergency session, and this law,…

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United States et al. v. Google LLC, No. 1:23-cv-00108 (E.D. Va. Jan. 24, 2023)

The United States and eight plaintiff states sued Google for monopolizing multiple digital advertising technology products in violation of Sections 1 and 2 of the Sherman Act. The complaint alleges that Google monopolizes key digital advertising technologies, collectively referred to as the “ad tech stack,” that website publishers depend on to sell ads and that…

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California Private Attorney General Statute Does Not Usurp Attorney General Powers

A lobbying group for small and mid-sized businesses challenged California’s Labor Code Private Attorney General Act (PAGA). PAGA “allows California employees to sue their employers and pursue civil penalties on behalf of the state for violations relating not only to themselves, but also to other California employees of the same employer.”  PAGA is a qui…

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2022 NAAG Legislative Victories

As the chief legal officer of their state, attorneys general often provide important input on both regulatory and legislative proposals. This input is often provided through the National Association of Attorneys General (NAAG). As a nonpartisan organization, NAAG engages in policy advocacy only when an issue has bipartisan support from a majority of attorneys general….

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Court Affirms States’ Parens Patriae Standing in Antitrust Case

Forty-nine states sued 20 manufacturers of generic drugs, alleging an anticompetitive scheme to “fix, maintain, and stabilize prices, rig bids, and engage in market and customer allocations” of certain generic pharmaceuticals. The district court recently decided defendants’ motion to dismiss, holding that although the states could not seek disgorgement, they do have parens patriae standing…

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California ex rel. Bonta v. KYB Copr.

As part of a large class action, plaintiff state filed suit against manufacturers of automotive shock absorbers, alleging that the defendants, from the mid-1990s through at least 2012, conspired to rig bids for, and to fix stabilize and maintain the price of shock absorbers installed in autos purchased by the plaintiff state. Defendant pled guilty…

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New York v. James Berlangero et al., case number 03958-2019

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Washington v. Amazon.com, Inc., No. 22-2-01281-1 (Wash. Super. Ct. King Cty. Jan. 26, 2022)

Washington filed a complaint and settlement with Amazon, resolving claims that Amazon’s “Sold by Amazon” program , which allowed Amazon to agree on price with third-party sellers, rather than compete with them, violated antitrust laws.  The state alleged that Amazon unreasonably restrained competition in order to maximize its own profits off third-party sales, which constituted…

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Settlement Agreement Between Plaintiff States and Citibank (June 2018)

Forty-two plaintiff states reached a $100 million settlement with Citibank for fraudulent conduct involving interest rate manipulation that had a significant impact on consumers and financial markets around the world. UBS’ fraudulent conduct involved the manipulation of LIBOR (the London Interbank Offered Rate). LIBOR is a benchmark interest rate that affects financial instruments worth trillions…

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Korean Company Has Sufficient Nexus with State to Permit Gas Price Manipulation Suit by California Attorney General

A recent decision by the California Court of Appeal clarified that, to demonstrate the court’s personal jurisdiction over a defendant in an antitrust case, the attorney general must simply establish that a defendant’s activities directed at the California market have a direct nexus with the anticompetitive conduct alleged in the complaint. SK Trading International Co….

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