Analogies to Federal Law in the State Regulatory Context

Because the federal authorities pursues a deregulatory agenda, state regulators are rising their enforcement actions to fill perceived gaps in oversight. They pursue their very own regulatory agendas beneath state regulatory regimes which can be usually much less developed than comparable federal legal guidelines. This lack of current state-level precedent opens the door for states to make use of novel and aggressive authorized theories that enhance danger and uncertainty for personal actors. Companies ought to reply by evaluating alternatives to leverage the extra complete physique of federal legislation as persuasive authority for beforehand unresolved questions of state legislation.