Vaishali Rao Analyzes the Potential Regulatory Agenda of State Attorney Generals in 2019

In a Corporate Counsel article, Hinshaw attorney Vaishali Rao considers the shift of regulatory power to Democratic State Attorney General offices, following the November elections.

Rao notes that State AG offices are some of the most nimble government offices in the country, wield wide ranging civil and criminal authority, and potentially have the greatest regulatory impact on corporate behavior. She identifies the following AG regulatory trends that companies should be aware of in the coming year:

• Privacy, Data Flow and Disclosures
• Use of Private Counsel
• Energy & Environment Multistate Actions
• Protecting Workers' Rights
• 'Ability to Pay' Comeback

Rao concludes with a series of tips (the "5Rs") for companies who find themselves in an AG's bullseye: (1) Relationships—Know your regulator; (2) Regulatory Framework—Know the rules; (3) Rational—Understand the regulatory motivation; (4) Risk—Know what is at stake; (5) Resources—Leverage your choice of counsel, and formulate your strategy.

>>>Read the article on the Corporate Counsel website (subscription may be required)

State AGs have their work cut out for them. Besides suing the federal government in record numbers (as they have done in the last 2 years), and continuing to hold businesses accountable for the opioids epidemic, the following trends are ones to follow. https://t.co/lrtSHMmKZ5

— Corporate Counsel (@CorpCounsel)