N.Y. Attorney General's Office Financial Enforcement and Economic Justice Externship - Fall Only
Bryan Bloom and Amy McFarlane, Lecturers-in-Law (2 graded academic and 3 ungraded fieldwork credits)
State attorneys general have increasingly taken on the mantle of promoting economic justice through cutting-edge impact litigation and other creative legal strategies. New York has been at the forefront of this effort, and the Attorney General’s Economic Justice Division has used its broad enforcement powers on behalf of the People of the State of New York in a wide variety of areas, including challenging monopolization schemes and cartels used to raise prescription drug prices, holding internet service providers accountable for failing to deliver on their promises, protecting vulnerable consumers from unscrupulous investment advisors, empowering and rewarding “whistleblowers” that uncover fraud against New York State or local governments, ending fraudulent business practices, among others. This course affords students the opportunity to learn and experience economic justice lawyering from the perspective of state government. The externship is comprised of a seminar and fieldwork in an Economic Justice Division bureau of the New York State Attorney General’s Office.
The seminar will meet for two hours each week and will be graded based on attendance, class participation, written submissions, and performance during assigned in-class presentations. The seminar will be led by Bryan Bloom, Assistant Attorney General in the Antitrust Bureau, and Amy McFarlane, Assistant Attorney General in the Antitrust Bureau. Classes will also feature guest speakers, including executive staff and bureau chiefs. Students will study the work of the Economic Justice Division in detail, discuss case studies drawn from recent enforcement work, gain familiarity with various legal issue areas, reflect on fieldwork, and develop skills in legal writing, investigatory techniques, and litigation. We will examine the role of the Attorney General in promoting economic justice from a legal, practical, and ethical perspective.
The fieldwork portion of the externship will consist of placement in one of the five Economic Justice Division bureaus (Antitrust, Consumer Frauds & Protection, Internet & Technology, Taxpayer Protection, and Investor Protection), where students will devote 15 hours per week. Students will be assigned to a bureau based on interest and availability. Students will work directly with site supervisors in their assigned bureaus. Site supervisors will assist students with getting assignments in their areas of interest and balancing workload.
The work of the Economic Justice Division bureaus is described below (more detail is available at www.ag.ny.gov).
- The Antitrust Bureau is responsible for enforcing the antitrust laws to prevent anticompetitive practices, and to promote competition in New York State. The Antitrust Bureau’s responsibilities include: using the Attorney General’s extensive investigative powers to probe into any arrangement or activity that appears to violate the antitrust laws; taking legal action to prevent or enjoin anticompetitive practices that are harmful to the public; and commencing civil or criminal actions against parties that have violated the antitrust laws to obtain damages and/or civil or criminal penalties.
The Bureau of Consumer Frauds and Protection prosecutes businesses and individuals engaged in fraudulent, misleading, deceptive or illegal trade practices. As part of its mission, the Bureau provides information to consumers and seeks to ensure a fair and vigorous market place. The Bureau also drafts legislation and conducts studies and writes reports on emerging consumer problems and issues.
The Bureau of Internet and Technology (BIT) is committed to protecting consumers and families from new and developing online threats. As a pioneer in this field, the Office has brought cutting edge cases and entered important settlements related to a wide range of online and technology issues, including child safety, privacy, deceptive or illegal trade practices, consumer fraud, spyware, spam, discrimination, and free speech.
The Investor Protection Bureau is charged with enforcing the New York State securities law, commonly known as the Martin Act. The Martin Act gives the Attorney General broad law-enforcement powers to conduct investigations of suspected fraud in the offer, sale or purchase of securities. The Bureau also protects the public from fraud by requiring brokers, dealers, securities salespersons and investment advisers to register with the Attorney General's Office. The Bureau's other major responsibilities include the registration of franchisors and enforcement of the Franchise Law to protect franchisees.
The Taxpayer Protection Bureau investigates and brings civil actions to recover for any fraud committed against New York State or New York local governments. Frauds investigated by the Taxpayer Protection Bureau include but are not limited to: large tax frauds; frauds involving government contracts for goods or services; frauds involving government grants or government-funded social programs; and frauds involving government investments.
The course will be limited to 6 students and will be open to J.D. and LL.M candidates. There are no prerequisites for this course. Students who are in this externship are not eligible to take the NY OAG Antitrust Enforcement Externship in the Spring semester.
This externship is only offered in the Fall. The online application will be released in Spring 2020.
Any additional questions can be sent to Susan Kraham at [email protected].