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The biggest tech story of the midterms might be Democrats’ attorney general wins

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The biggest tech story of the midterms might be Democrats’ attorney general wins

A blue wave has swept Democrats into control of both the House and Senate, dealing a major blow to Donald Trump in the midterm elections. But beyond the congressional shake-up, a handful of state attorney general races could prove just as consequential for the technology industry.

Democrats won five closely watched attorney general races, including a surprise victory in Texas, where Nathan Johnson defeated Republican Mayes Middleton to become the state’s first Democratic attorney general since 1994. In Arizona, incumbent Kris Mayes defeated Republican Warren Petersen, while Wisconsin’s Josh Kaul secured a third term. Michigan’s Eli Savit defeated Republican Doug Lloyd to succeed term-limited Democrat Dana Nessel, and Democrat Nicole Cannizzaro won Nevada’s open seat.

The results could have huge implications for Big Tech. As federal lawmakers have struggled to rein in the industry, state attorneys general have emerged as some of its most powerful watchdogs, using investigations and lawsuits to force changes to products and practices nationwide. And a change in leadership can bring an abrupt shift in enforcement priorities.

“State attorneys general have become the preeminent regulator and regulatory enforcer in the United States over the last 15 or 20 years,” says Stephen Cobb, partner and vice chair of the state attorneys general practice at Foley & Lardner, a Washington, D.C., law firm. “We’ve seen state attorneys general from across the aisle having an increased focus on the technology industries generally,” he adds.

Texas, in particular, could signal a major shift. The state’s attorney general’s office has long been among the most influential Republican-led legal operations in the country, regularly helping spearhead multistate lawsuits.


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