Idea Exchange
State Attorneys General Actions
Defending clients in investigations, enforcement actions, & litigation
In today’s active enforcement climate, Nelson Mullins lawyers represent leading companies in every kind of interaction with state attorneys general—from inquiries and investigations to litigation and settlement. We defend clients in the pharmaceutical, energy, and technology industries, among many others, against allegations ranging from unfair trade practices to violations of energy regulations. We engage in ongoing dialogue with state AGs and their senior staff to educate them on our clients and emerging issues, and cultivate constructive relationships to address their concerns and to help resolve our clients’ matters satisfactorily.
Areas of representation
Our team is primed to represent clients in state AG investigations, enforcement actions, and litigation in these and other areas:
- Pharmaceutical, including price fixing, marketing practices, and manufacturing
- Technology and internet, including data security and privacy issues like online security compromises, threats, and network breaches
- Healthcare, including Medicaid false claims, HIPAA violations, and nursing facility violations
- Consumer protection, including false advertising and unfair trade practices, elder fraud, and manufacturing defects
- Consumer financial, including lending, collection, and FinTech practices
- Energy and environmental, including allegations of improper fund application
- Employment, including wage and hour law enforcement, wage theft, and employer retaliation
At our client's side through all interactions
- Inquiries and investigations— Our lawyers assist with responses to SAG letters, civil investigative demands (CIDs), preservation notices and production of documents, civil and criminal subpoenas, and filed legal actions. We engage with senior AG staff to understand the basis for and initial scope of the investigation, create a response and resolution strategy specific to the client’s situation, and if needed, negotiate a confidentiality agreement to shield sensitive business information.
- Litigation and settlement negotiations— Resolving the client’s matter before a state attorney general office files suit or the client enters the courtroom is usually the best strategy. But when resolution cannot be reached, the litigation team will defend clients at trial in state courts across the country. Our litigators try single and multi-state cases, co-enforcement actions with federal agencies, parens patriae actions, qui tam litigation, and other actions alleging violations of various state and federal laws, including antitrust, energy, and consumer protection regulations. They are skilled settlement negotiators as well.
Counseling clients to avoid litigation and be proactive
To help them avoid becoming a target, we counsel clients to be in compliance with relevant regulations through audits, internal compliance programs, and management oversight, and educate them on risk exposure and legal liabilities if they fail to comply.
We educate clients on state AG investigation triggers like complaints, examinations, media coverage, and whistleblowers.
We advise clients on strategies to ethically and productively engage with state AG offices.
Policy backdrop
Team members are experienced with bipartisan state government relations and understand the role of state policy considerations that may affect state attorneys general decisions. We build strong communication channels with state AG offices, including with senior staff, which we use to update clients on relevant trends and contribute to statewide solutions AG offices seek. We also help set up opportunities for clients to air concerns and discuss initiatives they would like to see implemented in their state. Our lawyers participate at policy and industry meetings at state AG offices and attend trade association meetings.
Areas of representation
Our team is primed to represent clients in state AG investigations, enforcement actions, and litigation in these and other areas:
- Pharmaceutical, including price fixing, marketing practices, and manufacturing
- Technology and internet, including data security and privacy issues like online security compromises, threats, and network breaches
- Healthcare, including Medicaid false claims, HIPAA violations, and nursing facility violations
- Consumer protection, including false advertising and unfair trade practices, elder fraud, and manufacturing defects
- Consumer financial, including lending, collection, and FinTech practices
- Energy and environmental, including allegations of improper fund application
- Employment, including wage and hour law enforcement, wage theft, and employer retaliation
At our client's side through all interactions
- Inquiries and investigations— Our lawyers assist with responses to SAG letters, civil investigative demands (CIDs), preservation notices and production of documents, civil and criminal subpoenas, and filed legal actions. We engage with senior AG staff to understand the basis for and initial scope of the investigation, create a response and resolution strategy specific to the client’s situation, and if needed, negotiate a confidentiality agreement to shield sensitive business information.
- Litigation and settlement negotiations— Resolving the client’s matter before a state attorney general office files suit or the client enters the courtroom is usually the best strategy. But when resolution cannot be reached, the litigation team will defend clients at trial in state courts across the country. Our litigators try single and multi-state cases, co-enforcement actions with federal agencies, parens patriae actions, qui tam litigation, and other actions alleging violations of various state and federal laws, including antitrust, energy, and consumer protection regulations. They are skilled settlement negotiators as well.
Counseling clients to avoid litigation and be proactive
To help them avoid becoming a target, we counsel clients to be in compliance with relevant regulations through audits, internal compliance programs, and management oversight, and educate them on risk exposure and legal liabilities if they fail to comply.
We educate clients on state AG investigation triggers like complaints, examinations, media coverage, and whistleblowers.
We advise clients on strategies to ethically and productively engage with state AG offices.
Policy backdrop
Team members are experienced with bipartisan state government relations and understand the role of state policy considerations that may affect state attorneys general decisions. We build strong communication channels with state AG offices, including with senior staff, which we use to update clients on relevant trends and contribute to statewide solutions AG offices seek. We also help set up opportunities for clients to air concerns and discuss initiatives they would like to see implemented in their state. Our lawyers participate at policy and industry meetings at state AG offices and attend trade association meetings.
- Deep regulatory knowledge combined with a practical, business-minded approach
- Experienced with creating client-specific strategies to resolve state AG actions
- Political insight and experience
- Strong bipartisan relationships
- Trial ready but settlement savvy
