Attorneys General Urge FCC to Accelerate Deadline for STIR/SHAKEN Adoption

The National Association of Attorneys General (NAAG) today urged the Federal Communications Commission (FCC) to fight back against the scourge of illegal robocalls by moving up the deadline for smaller telephone companies to implement caller ID technology. Under the TRACED Act, which became law in 2019, phone companies are required to implement STIR/SHAKEN technology on…

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Colorado et al. v. Google, No. 1:30-cv-03715 (D.D.C. Dec. 17, 2020)

Thirty-eight states sued Google, alleging that Google illegally maintains its monopoly power over general search engines and related general search advertising markets through a series of anticompetitive contracts and conduct, hurting both consumers and advertisers. Consumers are denied the benefits of competition, including the possibility of higher quality services and better privacy protections. Advertisers are…

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Utah et al. v. Google LLC, No. 3:21-cv-05227 (N.D. Cal. July 7, 2021)

Thirty-seven states filed a lawsuit against Google for monopolizing the smartphone application market in violation of state and federal antitrust laws. According to the complaint, Google operates a web of exclusionary agreements with phone manufacturers and carriers to exert control over app distribution on Android phones through its Google Play Store. By leveraging those anticompetitive…

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NAAG Submits Comment Letter on Beneficial Ownership Regulations

Our comments are consistent with the sense of Congress, which requires that regulations “to the greatest extent practicable… collect information in a form and manner that is reasonably designed to generate a database that is highly useful to… law enforcement agencies…” NDAA § 6402(8)(C).

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Settlement Agreement Between Plaintiff States and UBS (Dec. 21, 2018)

Forty plaintiff states reached a $68 million settlement with UBS 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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NAAG Endorses Stopping Overdoses of Fentanyl Analogues (SOFA) Act

States and localities are on the front line of this crisis and are a large part of winning the battle from both a law enforcement and public health perspective.

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New Hampshire Snowmobile Associaiton (Assurance of Discontinuance)

The New Hampshire Snowmobile Association, entered into an agreement to resolve allegations of price fixing conduct, and related unfair method of competition and unfair or deceptive practices in facilitating and securing agreements from NHSA member clubs to set uniform club dues for club members when selling club memberships through NHSA’s online club membership sales portal, and in requiring consumers who use NHSA’s online club membership sales portal to also become individual NHSA members without sufficiently informing them of, or providing an option regarding, a dual membership purchase.

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State of Wisconsin et al. v. Indivior, No. 16-5073 (E.D. Pa. Sept. 22,2016)

Plaintiff states alleged that the makers of Suboxone, a drug used to treat opioid addiction, engaged in a scheme to block generic competitors and raise prices. Specifically, they are conspiring to wtich Suboxone from a tablet version to a flim in order to prevent or delay generic entry. The states allege that the manufacturers engaged in “product hopping” in which a company makes slight changes to its product to extend patent protections and prvent generic alternatives. The complaint was filed under seal.

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New York et al. v. Cephalon, No. 2:16-cv-04234 (E.D. Pa. Aug. 4, 2016)

In May 2015, the FTC settled a “pay-for-delay” suit against Cephalon for injunctive relief and $1.2 billion, which was paid into an escrow account. The FTC settlement allowed for those escrow funds to be distributed for settlement of certain related cases and government investigations. In August 2016, forty-eight states filed suit in the Eastern District of Pennsylvania against Cephalon alleging anticompetitive conduct by Cephalon to protect the profits it earned from having a patent-protected monopoly on the sale of its landmark drug, Provigil. According to the complaint, Cephalon’s conduct delayed generic versions of Provigil from entering the market for several years. The complaint alleged that as patent and regulatory barriers that prevented generic competition to Provigil neared expiration, Cephalon intentionally defrauded the Patent and Trademark Office to secure an additional patent, which a court subsequently deemed invalid and unenforceable. Before it was declared invalid, Cephalon was able to use the patent to delay generic competition for nearly six additional years by filing patent infringement lawsuits. Cephalon settled those lawsuits by paying competitors to delay sale of their generic versions of Provigil until at least April 2012. Consumers, states, and others paid millions more for Provigil than they would have had generic versions of the drug launched by early 2006, as expected. A settlement was filed with the complaint, which includes $35 million for distribution to consumers who bought Provigil.

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United States et al. v. Anthem et al., No. 1:16-cv-01493 (D.D.C., July 21, 2016)

The US and plaintiff states sued to block the merger of two of the country’s largest health insurers. The complaint alleges that their merger would substantially reduce competition for millions of consumers who receive commercial health insurance coverage from national employers throughout the United States; from large-group employers in at least 35 metropolitan areas, including New York, Los Angeles, San Francisco, Denver and Indianapolis; and from public exchanges created by the Affordable Care Act in St. Louis and Denver. The complaint also alleges that the elimination of Cigna threatens competition among commercial insurers for the purchase of healthcare services from hospitals, physicians and other healthcare providers. According to the complaint, the merger would eliminate substantial head-to-head competition in all these markets, and it would remove the independent competitive force of Cigna, which has been a leader in the industry’s transition to value-based care. the court granted the injunction. Anthem appealed to the DC Circuit, which affirmed the district court.

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