Jason Downs
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Articles by Jason Downs
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Third species of Eusthenodon (Tetrapodomorpha, Tristichopteridae) from the Upper Devonian (Famennian) Catskill Formation of Pennsylvania, U.S.A., and an inventory of additional tristichopterid fossils from the type locality
ABSTRACT We describe a new species of tristichopterid from a roadcut exposure of the Upper Devonian (Famennian) Catskill Formation at the Cogan House Exit Ramp locality in Lycoming County, Pennsylvania, U.S.A. Eusthenodon mesingw, sp. nov. is represented by two partial skulls, a cleithrum associated with one, and a lower jaw associated with the other.
As State AGs Step Up Enforcement, Plan Early on Merger Processes Original
As the number of mergers and acquisitions have increased over the years, so too has the level of antitrust enforcement by state attorneys general. In the past, this activity has most often been in conjunction with federal enforcement efforts. State attorneys general have recently signaled they are fully prepared to move forward with investigating, blocking, or even dissolving mergers through subpoena power or litigation, even when federal counterparts have seemingly given their blessing to a deal.
Hogan Lovells launches Inside State AG
State attorneys general have emerged as some of the most consequential regulators in the United States, with multistate coalitions driving major enforcement actions across industries including technology, financial services, healthcare, and consumer products. With 31 state AG elections taking place in 2026 – the largest election cycle in recent memory – the political and regulatory landscape is shifting rapidly, with significant implications for businesses nationwide.
Inside State AG: An Interview with James Tierney — Part 2
State Attorneys General don't need Congress. They don't need the White House. And, as Professor James Tierney, former Maine AG, Harvard lecturer, and the foremost academic authority in this space, argues in part two of this conversation, they increasingly don't need the federal government at all to effect the national regulation landscape.
Inside State AG: An interview with James Tierney — Part 1
Thirty-one attorney general seats are on the ballot in 2026—the most in a single cycle in recent history. For companies operating across state lines, this level of leadership turnover is not an abstraction. It shapes who holds subpoena power, who decides which industries face scrutiny, and who is sitting across the table when a multistate investigation reaches a critical juncture.
State of play: State AGs ramp up FCA enforcement
•State attorneys general are increasingly stepping into the ring, bringing state False Claims Act (FCA) actions to protect the public fisc and further social policy goals. •States are continuing to collaborate with each other and with the federal government. •In light of increased state enforcement efforts, companies should be aware that federal inaction does not mean that they are immune from FCA investigation or liability.
AG opinion alert: AG Bonta determines daily fantasy sports games illegal in California | JD Supra
On July 3, 2025 California Attorney General Rob Bonta issued an official opinion deeming fantasy sports platforms illegal in the state, regardless of where the operators and associated technology are located. The decision risks billions in revenue by forcing all operators to withdraw from California, the largest market online gambling market in the United States. Since becoming a state, California has regulated attempts to win money based on the outcome of sporting events.
Strict liability in the age of AI: Why human oversight is crucial for FDCA compliance
What Are the Key Technological Terms? At the outset, it is important to note there is no universally accepted definition of “artificial intelligence.” Indeed, many people interchangeably—and improperly—use terms such as “AI,” “algorithm,” “machine-learning,” and “generative AI.” Although each term is related, they are distinct concepts.
Strict liability in the age of AI: Why human oversight is crucial for FDCA compliance
Key takeaways The article describes key technological terms and their relationship to the Responsible Corporate Officer Doctrine and the Food, Drug, and Cosmetic Act. There is discussion about establishing a prima facie case of a violation of the FDCA and the real-world (instead of hypothetical) risk of prosecutions based on using AI. The article ends by providing tips on mitigating the foregoing risks.
State antitrust enforcers step into the spotlight | JD Supra
Federal antitrust enforcement is entering a period of uncertainty in the second Trump administration. It is an open question what priorities Andrew Ferguson, the newly-appointed Federal Trade Commission (FTC) Chair, and Gail Slater, President Trump’s nominee to head the Department of Justice Antitrust Division (DOJ), will advance as leaders of those agencies.
Trump Executive Order targets private-sector DEI policies and practices | JD Supra
January 28, 2025 Michael DeLarco, Jason Downs, David Foster, Neal Katyal, Karl Racine, Jo-Ann Sagar, Reedy Swanson, Stephanie Yonekura Hogan Lovells + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: After assuming office, the Trump administration acted swiftly to roll back allegedly illegal diversity, equity, and inclusion (DEI) policies.
AI issue spotting - AI, consumer protection and state AG | How consumer protection principles are shaping AI
Since the launch of The Data Chronicles podcast in August 2023, we have recorded over 50 episodes covering a wide variety of topics and issues. Unsurprisingly, a common issue popping in many of the episodes is artificial intelligence.
California’s Pink Tax law: How new gender-based pricing regulations impact businesses | JD Supra
California Attorney General Rob Bonta issued a consumer alert highlighting Assembly Bill 1287, which prohibits businesses from charging different prices for substantially similar products based solely on gender, a practice often referred to as the “Pink Tax.” This law, effective since January 1, 2023, allows the California Attorney General to seek court orders and monetary penalties against companies violating this rule, even without proof of direct harm to consumers.
California’s Pink Tax law: How new gender-based pricing regulations impact businesses
California Attorney General Rob Bonta issued a consumer alert highlighting Assembly Bill 1287, which prohibits businesses from charging different prices for substantially similar products based solely on gender, a practice often referred to as the “Pink Tax.” This law, effective since January 1, 2023, allows the California Attorney General to seek court orders and monetary penalties against companies violating this rule, even without proof of direct harm to consumers.
SCOTUS Upholds CFPB Funding Mechanism
In a landmark decision issued on May 16, the Supreme Court held that the Consumer Financial Protection Bureau’s (CFPB) funding mechanism is constitutionally sound, as it does not violate the Appropriations Clause. The decision will undoubtedly embolden an already active CFPB and put back into motion several rulemakings that were paused until the Supreme Court issued its decision.
CFPB Flexes Nonbank Supervisory Authority—State AG Targets Should Take Note | JD Supra
For the first time in its history, the Consumer Financial Protection Bureau recently invoked supervisory authority over a nonbank lender, World Acceptance Corp., one of the largest small-dollar installment lenders in the country.
CFPB Flexes Nonbank Supervisory Authority-State AG Targets Should Take Note
For the first time in its history, the Consumer Financial Protection Bureau recently invoked supervisory authority over a nonbank lender, World Acceptance Corp., one of the largest small-dollar installment lenders in the country.
The SEC Stays Its Own Climate Rule—What’s Next? | JD Supra
On March 6, 2024, the U.S. Securities and Exchange Commission (SEC) finalized a historic set of climate disclosure rules, which stand to be the most significant disclosure regime change since the Sarbanes-Oxley Act. The rule quickly faced litigation, including a series of cases filed across the country that were consolidated by the Judicial Panel on Multidistrict Litigation (“MDL”) into a single proceeding before the U.S. Court of Appeals for the 8th Circuit.
SEC Approves Scaled-Back but Highly Impactful Climate Disclosure Final Rule | JD Supra
On March 6, the Securities and Exchange Commission (“SEC”) voted along party lines to adopt its long-awaited climate-related disclosure framework for registrants. This “Final Rule” largely reflects the proposed rule put forward by the SEC for public comment in March 2022, with one notable exception: the Final Rule no longer mandates reporting companies to disclose “Scope 3” emissions, a highly contentious prong of the original proposed rule.
State AGs and ESG: Political Whiplash for Policymakers and Investment Managers | JD Supra
After years of financial and investment firms solidifying their Environmental, Social and Governance (ESG) bona fides, the political push-and-pull surrounding “woke” investing seems to be causing a significant withdrawal from these commitments. Although the ESG retreat has been a moderate-but-noticeable trend over the last several months, it appears to be accelerating under heightened scrutiny of Republican state attorneys general and lawmakers at large.
2024 Will Be a Big Year for State AG Elections—Is Your Company Prepared? | JD Supra
The rise of the state attorney general (AG) as a regulator, disruptor and policy engine should be well-known to everyone in the business world by now. If your company doesn’t have a strategy for building relationships with AGs, it should. Whether it is financial institutions, social media platforms, airlines, grocery chains or any other consumer-facing or highly regulated industry, state AGs seem to have no limit on who or what they will investigate.
Antitrust and Algorithms: Congress Wades into the Debate | JD Supra
Last week, the Senate Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights held a hearing on algorithms and their impact on competition and consumer rights. Businesses that use algorithms or machine learning for price setting should pay close attention to lawmakers and their growing interest in the way businesses might use algorithms to disadvantage consumers.
AI at Work, the Big Picture
Revolutionary Change but No Free Lunch: What To Know About Algorithmic Discrimination and AI by Jason Downs and Greg Sunstrum at Brownstein Hyatt Farber Schreck The capacity and deployment of artificial intelligence (“AI”) is dizzying. As businesses vet and/or actively integrate AI into their business processes, it is critical to understand not only AI’s potential but the potential risks.
Greenwashing—While the FTC Gets into the Weeds, Don’t Lose Sight of the Bigger Picture | JD Supra
Consumer awareness about climate change and the environmental and social implications of the goods and services they buy is only growing. In response, products marketed with these sentiments in mind are also on the rise.
Revolutionary Change but No Free Lunch: What To Know About Algorithmic Discrimination and AI | JD Supra
The capacity and deployment of artificial intelligence (“AI”) is dizzying. As businesses vet and/or actively integrate AI into their business processes, it is critical to understand not only AI’s potential but the potential risks. This includes inadvertently contributing to systemic discrimination issues and being subject to claims of violation of existing legal protections.
Republican AGs Set Sights on Corporate DEI After Affirmative Action Decision | JD Supra
Last week, 13 Republican state attorneys general published a letter to the largest companies in the country, creating confusion, uncertainty and risk for businesses that have sought to adopt diversity, equity and inclusion (DEI) practices.
Congressional Scrutiny Muddies the Path Ahead for ESG | JD Supra
Note: This is the third in a series of alerts focused on the overlapping ESG scrutiny between state attorneys general and Congress. Our first discussed how to prepare when ESG inaction and action both yield risk. Our second set forth the potential legal grounds for parallel investigations, underlying factual disputes surrounding ESG and how companies should prepare for additional action.
What Does It Mean For Other Crypto Companies? | JD Supra
After months of bad news for cryptocurrency, the Securities and Exchange Commission’s latest moves could be apocalyptic for the industry. We previously wrote about the SEC’s Wells Notice issued to Coinbase in March 2023. A Wells Notice is a written notice that SEC staff sends to a company or individual before the staff recommends to the commission pursuing an enforcement action.
SEC Sues Coinbase: What Does It Mean For Other Crypto Companies?
After months of bad news for cryptocurrency, the Securities and Exchange Commission’s latest moves could be apocalyptic for the industry. We previously wrote about the SEC’s Wells Notice issued to Coinbase in March 2023. A Wells Notice is a written notice that SEC staff sends to a company or individual before the staff recommends to the commission pursuing an enforcement action.
Prepping To Comply With Online Marketplace Data Law
By Jason Downs (May 24, 2023, 6:18 PM EDT) -- With a new law on the books aiming to protect consumers from fraudulent online sales, it's a good time for online marketplaces, third-party sellers and retailers to reexamine their compliance programs and relationships with state attorneys general.... Stay ahead of the curve In the legal profession, information is the key to success. You have to know what's happening with clients, competitors, practice areas, and industries.
Parallel ESG Investigations: Reading the Congressional Tea Leaves | JD Supra
Congress’ intent to collaborate with state attorneys general could not get much clearer. In March 2023, Brownstein’s ESG and State Attorneys General teams noted there were clear signals that congressional investigations were on the horizon.
State AGs and the INFORM Consumers Act: Key Takeaways | JD Supra
With a new law on the books aiming to protect consumers from fraudulent online sales, it’s a good time for online marketplaces, third-party sellers and retailers to reexamine their compliance programs and relationships with state attorneys general. The Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the “INFORM Consumers Act”) became law on Dec.
Jaw-Dropping Development at the SEC: Coinbase Receives Wells Notice | JD Supra
In the latest stunning development in crypto policy, one of the industry’s largest exchanges is facing potential charges from the SEC. Coinbase, Inc. said on March 23, 2023, that it had received a “Wells Notice” from the U.S. Securities and Exchange Commission (SEC). A Wells Notice is the SEC’s last communication to a company or individual before an enforcement action. Coinbase gave several details about the notice, providing clues into what the SEC may do next.
How to Prepare When ESG Inaction and Action Both Yield Risk | JD Supra
Regardless of a company’s stance on ESG (Environmental, Social, and Governance), the current political climate brings unique risks for parallel investigations. There are clear signals that congressional investigations coupled with state attorney general investigations are on the horizon. On their own, congressional investigations are convoluted blends of political theater, litigation-style witness preparation and testimony uninhibited by federal rules of evidence.
Parallel Investigations: How to Prepare When ESG Inaction and Action Both Yield Risk
Regardless of a company’s stance on ESG (Environmental, Social and Governance), the current political climate brings unique risks for parallel investigations. There are clear signals that congressional investigations coupled with state attorney general investigations are on the horizon. On their own, congressional investigations are convoluted blends of political theater, litigation-style witness preparation and testimony uninhibited by federal rules of evidence.
Legislature Introduces Two Hard-hitting Climate Measures in California | JD Supra
California has a long history of setting precedent for environmental action, and this year proves no different. As a large economy with much to lose—increasing water supply volatility, increased wildfire severity, heat waves, flooding, sea level rise and infrastructure damage—California continues to be a regulatory pacesetter amid the increasingly polarized national debate over how to mitigate and adapt to climate change. On Jan.
Legislature Introduces Two Hard-hitting Climate Measures in California
California has a long history of setting precedent for environmental action, and this year proves no different. As a large economy with much to lose—increasing water supply volatility, increased wildfire severity, heat waves, flooding, sea level rise and infrastructure damage—California continues to be a regulatory pacesetter amid the increasingly polarized national debate over how to mitigate and adapt to climate change. On Jan.
EEOC Eyes AI-Based Hiring in Draft Strategic Enforcement Plan
The U.S. Equal Employment Opportunity Commission (EEOC) signaled its plan to broaden its enforcement efforts to include additional focus on artificial intelligence (AI) in the workplace. On Tuesday, Jan.
CFPB Proposes Big Brother Tactics for Consumer Contracts
On Jan. 11, 2023, the Consumer Financial Protection Bureau (“CFPB”) issued a proposed rule that would require nonbanks under its supervisory authority, subject to limited exceptions, to annually register information about their use of certain terms and conditions in nonnegotiable form contracts that seek to waive or limit consumer rights and legal protections.
CFPB Invites Comments on Proposed Registry of Nonbank Financial Firms
Seeking to “enhance market monitoring and risk-based supervision efforts,” the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) has proposed a new, online registry of nonbank financial firms in order to track, what it labels, “repeat offenders.” The proposed rule requires certain nonbank financial firms to report to the CFPB if they are subject to court or regulatory enforcement orders.
2022 State Attorneys General Election Results and Analysis | JD Supra
Election Day this year saw races in 30 states and one in D.C. for attorney general, an increasingly relevant political position that holds enormous power over individuals and businesses alike. Tuesday’s elections resulted in 13 newcomers to the job, although not much change in the balance of power of Republicans to Democrats in each state. Regardless of affiliation, they are all elected politicians with subpoena power.
To Regulate or To Innovate? | JD Supra
CALIFORNIA GOVERNOR SIGNALS A DIFFERENT APPROACH TO MANAGING CRYPTOCURRENCY MARKETS In the evening hours of Friday, Sept. 23, California Gov. Gavin Newsom quietly dispatched a controversial bill that sought to establish a comprehensive licensing and regulatory scheme for “digital financial assets,” which would include cryptocurrencies. With his veto of Assembly Bill 2269 (Tim Grayson, D-Concord), Gov.
ESG and Political Climate Changes | JD Supra
PREPARING FOR THE INCREASINGLY COMPLEX MAZE OF STATE-LEVEL REGULATIONS REGARDING ESG-BASED INVESTMENTS Amid growing interest by some investment managers to consider environmental implications and anticipated regulatory change in their portfolios, Environmental Social Governance (ESG) investments are also increasingly catching the attention of state regulators.
Congress Pushes Back on Legal Authority for CFPB to Collaborate with State Attorneys General
As the Consumer Financial Protection Bureau (CFPB) continues to highlight coordination with state attorneys general, lawmakers and regulators, top congressional officials from the U.S. House Financial Services Committee (HFSC) are questioning the legality of such coordination.
CFPB: Using Complex Algorithms Is Not a Legal Defense for Discrimination
The Consumer Financial Protection Bureau recently warned companies that, under federal anti-discrimination laws, they still owe consumers an explanation of specific reasons for denying credit applications, even if they use complex algorithms to determine creditworthiness. The move is both a reminder of the agency’s continued focus on anti-discrimination enforcement as well as the enduring responsibility of companies using new technology in consumer interactions.
CFPB: Using Complex Algorithms Is Not A Legal Defense For Discrimination
The Consumer Financial Protection Bureau recently warned companies that, under federal anti-discrimination laws, they still owe consumers an explanation of specific reasons for denying credit applications, even if they use complex algorithms to determine creditworthiness. The move is both a reminder of the agency's continued focus on anti-discrimination enforcement as well as the enduring responsibility of companies using new technology in consumer interactions.
Using Complex Algorithms Is Not a Legal Defense for Discrimination | JD Supra
The Consumer Financial Protection Bureau recently warned companies that, under federal anti-discrimination laws, they still owe consumers an explanation of specific reasons for denying credit applications, even if they use complex algorithms to determine creditworthiness. The move is both a reminder of the agency’s continued focus on anti-discrimination enforcement as well as the enduring responsibility of companies using new technology in consumer interactions.
State AGs Eye Crypto Assets As Target for FCA Tax Liability | JD Supra
As the public’s exposure to digital assets increases, everyone from institutional investors to individual enthusiasts and curious dabblers alike will be wise to consider the accompanying increased legal exposure. One example of an emerging area of law surrounding digital assets relates to various false claims acts (“FCA”). Several states authorize FCA suits based on tax claims.
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