CWAG Roundup

July 28, 2016
Greetings! 


EXECUTIVE SUMMARY
 
CWAG ANNUAL MEETING REVIEW
 
CWAG concluded its 2016 Annual Meeting in Sun Valley, Idaho, on July 20th. We had 24 attorneys general attend and we had 30 states represented at the meeting. We had 345 registered guests and numerous family and friends attending this year from all over the country.  Please mark your calendar for next year's meeting in San Francisco on July 30th to August 2nd, 2017. If you were unable to attend this year's meeting, the following update is provided for your review. The panel power points are posted on the CWAG website under Past Events - http://cwagweb.org/pastevents.html - and we will notify you when the videos are posted for your future reference.
 
CWAG Executive Committee
 
CWAG members elected Colorado Attorney General Cynthia Coffman to the CWAG Executive Committee as the Second Vice Chair. Hawaii Attorney General Doug Chin will serve as CWAG Chair for 2016-2017. Arizona Attorney General Mark Brnovich will be CWAG's First Vice Chair and Oregon Attorney General Ellen Rosenblum will serve as CWAG Past Chair.
 
Awards
 
The Jim Jones Public Service Award was established in 1990 by the staff of the Idaho Attorney General's Office to recognize a lawyer on the staff of a CWAG Attorney General each year. The award honors the leadership and contributions of former Idaho Attorney General Jim Jones. The 2016 Jim Jones Public service award was presented to Hawaii Senior Deputy Attorney General Charleen M. Aina.
 
The Nelson Kempsky Management Award was established in 2002 by CWAG to honor an individual in an Attorney General's Office for extraordinary performance as a manager and leader. This award honors the legacy of former California Deputy Attorney General and CWAG Executive Director, Nelson Kempsky, for his outstanding management and leadership skills in public service to the citizens of California and to all attorney general offices throughout the country. The 2016 Nelson Kempsky Management Award was presented to California Deputy Attorney General Anthony DaSilva.
 
The WAGGY Awards are presented to Attorney General Offices for outstanding website and mobile applications. The 2016 winners were:
 
1.      Best Overall: Colorado
2.      Best Redesign: Wisconsin
3.      Best Consumer Outreach: Louisiana
4.      Best Mobile App: Michigan
5.      Biggest Crime Fighter: Utah
6.      Best Use of Online Technology: California
 
Agenda Review
 
Binational State Attorneys General Exchange
 
The meeting started Saturday, July 16th, with the 2016 CWAG Alliance Partnership Binational State Attorneys General Exchange hosted by Oregon Attorney General Ellen Rosenblum and Idaho Attorney General Lawrence Wasden. The meeting was attended by Mexico's Federal Attorney General Arely Gomez Gonzalez and 25 state Attorneys General from Mexico and the United States. Special guest and featured luncheon speaker was William R. Brownfield, Assistant Secretary, Bureau of International Narcotics and Law Enforcement Affairs, U.S. State Department and former ambassador to Columbia, Chile and Venezuela. The meeting discussed the importance of continued cooperation between the United States and Mexico to protect the rule of law. See the attached article to this Roundup about the severity of the violence experienced due to international drug cartels.
 
"What Keeps These General Counsels Up at Night?"
Moderator: Idaho Attorney General Lawrence Wasden
Laura Fennell, Executive Vice President, General Counsel & Secretary, Intuit
Tim Harris, Executive Vice President & General Counsel, Prudential
Tim Murphy, General Counsel & Chief Franchise Officer, MasterCard
 
The panel discussion revealed that many of the things that keep general counsel for major corporations up at night are the same things that keep state attorneys general up at night. Security, unclear federal regulations and data breaches topped the list.  The industry leaders spoke about their various leadership practices which helped cultivate their awareness of emerging opportunities and risks.  Additional topics included the importance of spending time with stakeholder groups in order to gauge and manage expectations, delivering messages in a manner and of a variety which allowed for understanding and acceptance and managing organizations in a way that encouraged groups to communicate and coordinate agendas were also key aspects of their jobs. 
 
Nutritional Supplements
Moderator:  Colorado Attorney General Cynthia Coffman
Lori Kalani, Co-Chair State Attorneys General Practice, Cozen O'Connor
Ben Firschein, Director, U.S. Government Affairs, US Pharmacopeia
Paul Bolar, Vice President, Regulatory Affairs, Pharmavite
Brian Kane, Assistant Chief Deputy Attorney General, Idaho AGO
 
This panel showed that nutritional supplements are a major source of nutrients for most people in this country and the world. When asked by a panelist how many people in the audience had taken a supplement in the past 30 days, 90% of those in the room raised their hands. The discussion centered on how consumer protection laws, federal regulations and industry self-policing can protect consumers to insure they are getting the results promised by the industry and are not being harmed by the contents of supplements.
 
Short Term Rental Market
Moderator: Utah Attorney General Sean Reyes
Jared Blanchard, Attorney, Goldwater Institute
Troy Flanagan, Vice President, State & Local Affairs, American Hotel & Lodging Association
Ben Edelman, Associate Professor, Harvard Business School
Matthew Berge, Assistant Attorney General, Massachusetts AGO
 
This panel engaged in a lively discussion about how the short term rental market has affected local zoning regulations, the hotel market, housing prices and complaints about discrimination. Associate Professor Edelman discussed his recent study showing how users of short term rental platforms, both hosts and guests, use platform features to engage in discrimination. Mr. Blanchard discussed a statute Arizona recently enacted to protect people who offer their homes in the short term rental market. Mr. Berge discussed the impact short term rental markets have on the availability of housing in urban areas, thereby impacting the cost of housing. Mr. Flanagan discussed consumer protection issues and unsafe conditions existing in the short term rental market due to the lack of local government oversight.
 
Policing in the 21st Century
Moderator:  South Dakota Attorney General Marty Jackley
Cynthia Coffman, Attorney General, Colorado AGO
Susan Payne, Executive Director, Safe To Tell
Jan Robinson, CEO, iTouch Technology
Tim Murphy, President, Thomson Reuters Special Services
Sarah Jakiel, Chief Programs Officer, Polaris
 
Colorado Attorney General Cynthia Coffman and Susan Payne explained Colorado's "Safe to Tell" program that empowers young people to be a part of the solution for school and community safety. "Early intervention is critical in the life of a child who is exhibiting behaviors identified as precursors to violence. Safe2Tell provides a tool to intervene in a proactive way," said Dr. Delbert Elliott, Founding Director of the Center for the Study and Prevention of Violence. Jan Robinson explained how technology can assist law enforcement to register and conduct background checks when people buy guns. Tim Murphy explained the CLEAR platform offered by Thomson Reuters to assist law enforcement in many ways, including locating suspects. He explained how the technology was employed to confront the San Bernardino mass murderers before they could kill more people. Sarah Jakiel updated the audience on the latest news in the fight against human trafficking and how the Polaris Project responds, equips and disrupts human trafficking.
 
Emerging Technologies
Moderator:  Georgia Attorney General Sam Olens
Jeff Tsai, Chair, State AG Enforcement Practice, Alston & Bird
Rob Chesnut, General Counsel, Airbnb
Daniel Suvor, Chief of Policy, California AGO
Paul Singer, Deputy Chief, Consumer Protection Division, Texas AGO
Will Edwards, Founder, MetKnow


Rob Chesnut discussed how Airbnb has responded to claims of discrimination in the short term rental market and the hiring of Eric Holder to advise Airbnb on how to deal with discrimination. See attached article. Will Edwards shared his new app called the MetKnow app, a flash card and quizzing app that helps you know your Attorneys General and we are excited to share it with all of you! The App is available in the iTunes App store. Daniel Suvor and Paul Singer discussed how state attorneys general are reacting to new and disruptive technology from a consumer protection viewpoint. Jeff Tsai discussed how, with his background in state government and private practice, how the two should work cooperatively to address consumer protection issues up front before becoming a crisis.
 
Indian Child Welfare Act Regulations
Moderator:  Wisconsin Attorney General Brad Schimel
Rebekah Krispinsky, Assistant Solicitor, Branch of Tribal Government Services, Department of the Interior
Juge Gregg, Attorney, Environment & Natural Resources Section, USDOJ
 
Our two federal guests provided some background information on the Indian Child Welfare Act (ICWA) and how it was meant to keep Native American families together and to keep tribes from losing membership by having their children adopted by non-Native families. The new ICWA regulations issued by Interior were discussed and how they would impact state children's courts and state child welfare agencies. This ia=s an important development that all state attorneys general should pay attention to. A list of hearings an training sessions is attached with the articles.
 
Malware, Identity Theft and Content Theft Sites - What Should You Be Telling Your Constituents
Moderator:  District of Columbia Attorney General Karl Racine
Tom Galvin, CEO, Digital Citizen Alliance
Dan Caprio, Co-Founder, The Providence Group
 
Tom Galvin discussed his new report from the Digital Citizens Alliance and cybersecurity firm RiskIQ that found sites distributing pirated videos were far more likely to expose visitors to dangerous software than legitimate streaming sites or the Internet at large. RiskIQ found that 33 percent of the piracy sites had at least one malware incident within the month the company collected data on it, versus just 2 percent of the control group. Dan Caprio discussed how privacy and security are related. He discussed how senior company officials are using voluntary frameworks and other tools to proactively frame and manage data and cyber security risks and how government could borrow from these techniques.
 
AG Initiatives Update
Moderator: Hawaii Attorney General Doug Chin
Ellen Rosenblum, Oregon Attorney General & CWAG Chair - Education Debt Call to Action
Perry Zinn Rowthorn, Connecticut Deputy Attorney General - General Jepsen's NAAG Initiative "Evolving Challenges in the American Health Care Marketplace: Competition, Cost and Innovation in a Rapidly Changing Industry"
Bob Ferguson, Washington Attorney General - Protecting Veteran's Rights


CWAG Chair, Oregon Attorney General Ellen Rosenblum, reviewed her 2016 Chair Initiative on "Education Debt: The Obligation of a Lifetime?" which was held in Portland, Oregon, on May 24, 2016. General Rosenblum provided an overview of the rapidly increasing amount of education debt and some solutions, such as a state Student Bill of Rights, which would assist students and their families to understand better the consequences of taking on education debt.  Hawaii Attorney General Doug Chin announced that his 2017 CWAG Chair Initiative will be held on March 14 - 16, 2017, in Honolulu. The first day of the initiative will be devoted to a Western Pacific Islands summit. The next day and a half will be devoted to open government and sustainable energy. Perry Zinn Rowthorn previewed the 2017 NAAG Presidential Initiative by Connecticut Attorney General Jepsen to be held in New York City on April 26 - 28, 2017. Titled "Evolving Challenges in the American Health Care Marketplace: Competition, Cost and Innovation in a Rapidly Changing Industry" the conference will help attorneys general "unpack" complex challenges in the health care market and generate a broad bipartisan discussion among key players in healthcare policy. Washington Attorney General Bob Ferguson explained how his office has developed a special initiative to serve veterans and active duty military members. General Ferguson emphasized why the issue is important, what he was doing and issued a call to action by state attorneys general to better serve this unique and deserving population.
 
The Beau Biden Foundation
Introduction:  Iowa Attorney General Tom Miller
Patty Dailey Lewis, Executive Director, Beau Biden Foundation for the Protection of Children
 
Ms. Patty Dailey Lewis explained that The Beau Biden Foundation for the Protection of Children was established in June 2015 as an operating non-profit to continue Beau Biden's commitment to protecting the most vulnerable among us, children who have fallen victim to abuse and neglect.  Beau Biden believed that no child should be threatened by a predator-either an adult or a peer.  The Foundation believes that child abuse can be prevented through effectively educating adults and children, developing the next generation of child welfare professionals and strengthening child protection laws around the country. Ms. Lewis also announced that the Foundation would offer an annual internship in Washington, DC, to state attorneys general to study child welfare issues and that the first internship was awarded to an assistant attorney general from Rhode Island.
           
Supreme Court Review
Moderator: North Dakota Attorney General Wayne Stenehjem
Dan Schweitzer, Supreme Court Counsel, NAAG
Ed Kneedler, Deputy Solicitor General, USDOJ
Bill Jackson, Managing Partner, Jackson Gilmour & Dobbs
 
Dan Schweitzer and Ed Kneedler discussed Sturgeon v. Frost (whether the National Park Service can regulate Alaskan inholdings), Nebraska v. Parker (whether a reservation in Nebraska was diminished), U.S. Army Corps of Engineers v. Hawkes (whether an "approved jurisdictional determination" by the Corps is reviewable under the APA), Dollar General Corp. v. Mississippi Band of Choctaw Indians (tribal court jurisdiction over nonmembers), Birchfield v. North Dakota (whether states can criminalize refusals to subject oneself to blood draws or breath tests when suspected of impaired driving). Bill Jackson discussed Tyson v. Bouaphakeo and its implications for state natural resource damage cases.
 
Effective Drug Takeback Programs
Moderator:  Kansas Attorney General Derek Schmidt
Thomas Moriarty, EVP, Chief Strategy Officer, General Counsel, CVS Health
Thomas Prevoznik, Unit Chief, DEA
Harlan Levy, Partner, Boies, Schiller & Flexner
 
Tom Prevoznik discussed the latest issues related to state drug take back programs and the DEA's support for such programs. He announced that the next DEA sponsored drug take back initiative would be October 22, 2016. Harlan Levy discussed New York's new electronic drug prescription laws and the new drug monitoring program for doctors and pharmacists that has decreased fraudulent prescriptions and doctor shopping by addicts. Thomas Moriarty discussed best practices for drug take back programs and made suggestions on how states can change laws and regulations to eliminate barriers to such programs. He explained how CVS Health will work with law enforcement and health officials to fight nation's opioid abuse epidemic.
 
Marijuana Legalization Debate
Moderator: District of Columbia Attorney General Karl Racine      
Jeff Zinsmeister, Executive Vice President, Smart Alternatives to Marijuana
Marley Bordovsky, Assistant Director, Denver City Attorney's Office
Chris Ellis, Principal, Beacon Information Designs
Todd Mitchem, Founder & CEO, Todd Mitchem Companies
 
Jeff Zinsmeister explained how the marijuana lobby is acting like big tobacco. In Colorado the marijuana lobby has blocked legislation to deter use of illegal pesticides; has sued over restrictions on marijuana advertising targeting children; has proposed legislation to move regulatory authority from state health agencies to a special committee packed with industry representatives; has raised the threshold for signature collection for local initiatives restricting marijuana businesses, increasing it from 5% to 15% of the voting electorate. Marley Bordovsky explained how difficult it is to regulate the industry from the city of Denver's viewpoint. Chris Ellis explained his position that the DEA grant registered Reverse Distributors and Analytical Labs a special exemption to transport, receive, test and properly destroy marijuana from State licensed facilities, outside the current closed loop of Pharmaceutical distribution. Todd Mitchem explained how big corporations are using advertising that reference marijuana to attract young customers.
 
See the attached article on how large the marijuana industry has grown in Colorado alone.
 
Fraud Prevention
Moderator: Wyoming Attorney General Peter Michael
Monty Faidley, Director, Market Planning, LexisNexis
Eva Velasquez, President & CEO, Identity Theft Resource Center
Ken Meiser, Vice President, ID Analytics
Monty Faidley explained the best practices to verifying identity by using multiple layers of identity verification: (1) Knowledge based quiz, (2) One time password, (3) Verify driver's license in real time, (4) Biometrics, and (5) Risk assessment - geolocation, IP, device. Ken Meiser explained how LifeLock has researched the patterns behind identity theft to assess the risks associated with such activity and the tools LifeLock offers to government and corporations to reduce the risks. Eva Velasquez explained how her non-profit can assist consumers who have had their identity stolen and how attorneys general can use these tools to assist citizens who come to them for assistance after their identity has been stolen.
 
Food and Drink Labeling:  Public Health Implications
Moderator:  Rhode Island Attorney General Peter Kilmartin
Sean Krispinsky, Deputy General Counsel, American Beverage Association
Mandy Hagan, Vice President of State Affairs, Grocery Manufacturers Association
 
Mandy Hagan announced the availability of Smart Label, an online information portal that will provide information for consumers about foods offered for sale in the grocery stores. It is easy and fast to navigate from one section to another with tabs across the top for (1) Nutrition, (2) Ingredients, (3) Allergens, (4) Other Information, and (5) Company / Brand. The plan is to have 34,000 products on Smart Label by the end of 2017. Sean Krispinsky discussed how the non-alcoholic beverage industry is reacting to local government attempts to require certain statements on advertisements and how that may violate a company's first amendment rights. In particular, he discussed a situation in San Francisco government officials should be following.
 
United States Forest Service Update
Moderator: Montana Attorney General Tim Fox
Leslie Weldon, Deputy Chief, U.S. Forest System
 
Deputy Chief Weldon discussed the issues related to forest policy in the past and the wildfires the West is experiencing. She explained how over one half of the Forest Service budget is devoted to fighting fires and how her agency works with state officials to coordinate efforts. It was also discussed how important it is for states to support forest service plans that are being challenged in court.
 
Ethics: The Future of Online Legal Services
Moderator: Alabama Attorney General Luther Strange
Jeff Bell, CEO, LegalShield
Judy Perry Martinez, Chair, Presidential Commission on the Future of Legal Services, American Bar Association
Eddie Hartman, Chief Product Officer & Co-Founder, LegalZoom
 
Judy Perry Martinez of the American Bar Association's Commission on the Future of Legal Services is leading the ABA's effort to improve the delivery of, and access to, legal services in the United States. The Commission is working to inspire innovation, leverage technology, encourage the examination of new models for regulating legal services and educating tomorrow's legal professionals, and foster the development of financially viable models for delivering legal services that meet the public's needs. She disclosed that the Commission has drafted concrete proposals and final recommendations that will be released in its final report at the ABA Annual Meeting in August 2016.  Eddie Hartman discussed the confusing definitions of the practice of law and how that can keep innovative companies from providing information and services to those in need of legal services. He also discussed the conflict inherent in lawyers regulating the practice of law and how that may discourage new technologies from providing legal services to the underserved. Jeff Bell discussed the lack of legal resources for most people. Professor Rebecca Sandefur's research shows that people were most likely to address their legal problems themselves (46%), do nothing (16%), or get help from family or friends (16%).  Only 15 percent sought formal help.  
Chris Coppin
Legal Director
Conference of Western Attorneys General
1300 I Street
Sacramento, CA 95814
505-589-5101 (cell)
817-615-9335 (fax)


Conference of Western Attorneys General | 1300 I Street | Sacramento | CA | 95814