On Nov. 16, the Texas General Counsel Forum held its annual conference at the Wyndham Anatole in Dallas. The event featured a luncheon address by Texas Attorney General John Cornyn. He discussed litigation filed by government entities against either individual businesses or business enterprises. He described how this type of litigation poses risks to democracy by becoming “regulation by litigation.”

“My opinion is that any such lawsuit brought by any government entity ought to be judged first and foremost on the legal merit of the claim, and, of course, on the public interest involved. But if we are to protect the public’s interest in bringing such suits, we must guard against another tobacco fee fiasco,” Cornyn said.

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