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Ethical concerns surround Weiser who is at the tip of the spear on tech company lawsuit

LEGAL NEWSLINE

Thursday, November 21, 2024

Ethical concerns surround Weiser who is at the tip of the spear on tech company lawsuit

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Colorado Attorney General Phil Weiser | coag.gov/about-us/colorado-attorney-general/

A 2022 investigation exposed how state attorneys general, including Colorado's Attorney General Phil Weiser, have a history of participating in extravagant events funded in part by companies they are actively suing or investigating. Most recently, Weiser is overseeing a coalition of 38 state and other attorneys general that joined the Justice Department in its lawsuit against a tech giant that in part allowed him to take a luxurious trip in 2021.

Weiser serves as chair of an organization known as the Attorney General Alliance, according to CBS News Colorado, which comprises 48 attorneys general. The Alliance operates as a private club where corporations and lobbying organizations shell out substantial sums, often tens of thousands of dollars, for membership. In return, they gain privileged access to opulent events where they can interact with the highest-ranking legal officers in state governments. These interactions are problematic, CBS says, as these attorneys general hold the sole discretion to determine whether to pursue legal action, reach settlements or launch investigations against these very same corporations and organizations.

CBS obtained video footage of the Attorney General Alliance's 2021 annual conference, held in Maui. The video footage captures Weiser and his colleagues enjoying the amenities of the Grand Wailea Resort, a luxury establishment boasting a "tropical oceanfront paradise" and accommodations starting at $1,000 per night.

These legal officers incurred no expenses during their stay. Instead, taxpayers and sponsors, including corporate giants like Google, Facebook, Juul and Pfizer—each of which was under active litigation by some of the attending attorneys general—footed the bill. These events, which have operated discreetly for years, are now coming under scrutiny for the first time.

Chris Toth, former executive director of the National Association of Attorneys General, spoke out strongly against these practices, stating, "To me, it's Ethics 101 that you don't take advantage of a situation that's being funded by organizations that you're suing or investigating." According to Toth, the Attorney General Alliance primarily exists to provide corporate executives and lobbyists with direct access to attorneys general, raising significant ethical concerns.

In the most recent trial between the federal government and Google, which will determine if the tech giant has abused its monopoly in online search, Weiser is overseeing a coalition of 38 state and other attorneys general that joined the Justice Department in the accusations, according to a press release. The 10-week trial, which officially began on Sept. 12, was initiated by Weiser back in 2020 when he filed the lawsuit against Google, aiming to break its alleged monopoly in the search market. The lawsuit accuses Google of maintaining its monopoly through anti-competitive contracts and actions, causing harm to both consumers and advertisers.

Weiser, a former deputy assistant attorney general in the Obama administration's Justice Department, is known for his criticism of large tech firms, accusing them of stifling competition. He began his legal career after completing his education at New York University Law School, where he worked as legal counsel to Joel Klein, who led the Justice Department's antitrust division during the Microsoft monopoly lawsuit in the 1990s, the New York Times reported. While he didn't have a direct role in the case, Weiser acknowledged in an interview that it had a lasting impact on his perspective.

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