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State Attorneys General

The lawyers in our State Attorneys General Practice provide unmatched insight and legal counsel in dealings with the offices of the Attorneys General in all 50 states, the District of Columbia and US territories. We monitor and anticipate trends and developments that may affect our clients and offer comprehensive representation with respect to all aspects of state attorneys general activities.

State attorneys general increasingly join together in multistate investigations and litigation, and their activities affect nearly every industry and major policy area. By working with a firm that has the necessary relationships and expertise to approach attorneys general early, and proactively, companies can address public policy issues of concern before those concerns result in investigations or litigation. We ensure our clients are aware of and engaged with the right people so that issues can be resolved amicably and, whenever possible, without investigations or litigation.

Our lawyers maintain regular contact with state attorneys general and their key staff through participation in organizations such as the National Association of Attorneys General (NAAG), the Republican Attorneys General Association (RAGA), the Democratic Attorneys General Association (DAGA), the Conference of Western Attorneys General (CWAG) and the Society of Attorneys General Emeritus (SAGE).

Our practice is built upon a strong legal foundation and boasts the more than 20 years of government experience and connections of David Blake. David is the former Chief Deputy Attorney General in the Office of the Colorado Attorney General, and in that role, he served as the Attorney General’s top advisor on all legal, management, press and policy matters, as well as directly oversaw the consumer protection and criminal justice sections. In addition, our practice includes the experience of 12-year Nebraska Attorney General Jon Bruning, along with several former Deputy and Assistant Attorneys General, the first Inspector General of the US Department of Homeland Security, and a former Inspector General of the US Department of State. We specialize in investigations and litigation avoidance, consumer protection and antitrust investigations, litigation, public policy development, data privacy and information security, and amicus briefs.

Our lawyers and professionals approach each matter with unparalleled legal knowledge and a first-hand understanding of the decision-making processes of attorneys general. We also understand that legal issues before a state attorney general often have a multidimensional policy, regulatory and legal component that involves governmental stakeholders beyond the state. Our professionals bring decades of collective experience to these complex matters, gleaned from working in the trenches with federal and state legislative bodies, key regulatory agencies and independent commissions.

When our clients are faced with investigations or litigation, we move quickly and aggressively to protect our clients’ interests. Our legal skill and professional commitment to our clients has been recognized by the American College of Trial Lawyers, Center for Effective Dispute Resolution, the International Academy of Trial Lawyers and the International Society for Barristers, as well as numerous peer-reviewed publications, including American Lawyer, Best Lawyers, Chambers, Global Arbitration Review and The Legal 500.

Investigation and Litigation Avoidance

We create customized strategies for our clients to avoid becoming targets of costly investigations and litigation, including building and maintaining strong relationships with state attorneys general and educating them, as necessary, about our clients’ businesses and the relevant facts and law.

Consumer Protection and Antitrust Investigations and Litigation

We offer clients innovative ways to navigate the shifting landscape of complex competition investigations, business combinations and litigation. Many of our lawyers have spent portions of their careers with the Federal Trade Commission and the Department of Justice, enabling us to offer valuable insight as we support our clients’ businesses through each new challenge. We have experience in all aspects of antitrust litigation, including trials, class action proceedings, multijurisdiction coordination and appellate advocacy.

False Claims Act (FCA) Matters

States are increasingly adopting their own FCA laws and a state’s attorney general is usually the decision-maker on whether their state will intervene in qui tam and related actions. We help clients advocate against states becoming involved in actions against our clients and litigate aggressively on behalf of our clients if they are faced with FCA cases.

Consumer Financial Protection Bureau (CFPB) Matters

The CFPB, along with state attorneys general, investigates and pursues alleged violations of consumer protection laws. This places businesses in the financial services sector at risk of costly investigations and litigation.

Data Privacy and Information Security

The US has traditionally taken a vertical approach to data protection, with a focus on specific sectors. However, recent developments at both federal and state levels indicate a move toward a more horizontal approach. We can share our expertise to ensure your data protection procedures are in compliance with state and federal requirements, and advise you in case of data breaches involving personally identifiable information. Additionally, we can provide invaluable guidance in how to deal with state attorneys general as they increasingly enforce data privacy and information security laws.

Environmental, Safety & Health Rule Making, Policy Development and Litigation

We have vast experience with all of the major federal environmental, safety and health laws and regulations and their state analogs, which are enforced by state attorneys general. We are also well-versed with respect to both prosecution and defense of claims for environmental cost recovery and defense of claims for natural resources damages. We have been involved with some of the most significant rulemaking and policy development initiatives in the environmental area, including rule challenges before federal and state courts across the country. A number of our lawyers are former assistant attorneys general and we work on a daily basis with various state attorneys general and state environmental protection and natural resource agencies.

Amicus Briefs

We regularly help clients secure amicus curiae support before state and federal appellate bodies, including the US Supreme Court.