Companies engaged with state attorneys general (AGs) face formidable challenges and a range of reputational, practical and legal considerations. State AG offices have broad powers to draw upon in order to examine and challenge an organization's conduct, leaving companies to navigate complicated legal, public relations and crisis management hurdles. WilmerHale’s State Attorneys General Practice Group draws on the firm’s experience at the highest levels of state AG offices, its strength across the varied areas of state AG enforcement authority, and its deep-seated crisis management experience. As a result, our team has the foresight to advise on state AG priorities and procedures, to resolve complicated investigations and litigation, and when necessary, to argue and win in court. We understand that the government is not an ordinary civil litigant, and that it often has a credibility advantage over its targets. As our track record against state AGs shows, we have the strategic vision and tactical skills to counter that advantage and persuasively tell our clients’ stories.
The State Attorneys General Practice Group—co-led by former Colorado State Attorney General, Senator and Interior Secretary Ken Salazar and former US Deputy Attorney General Jamie Gorelick—includes attorneys who have served at the most senior levels of government and bring deep policy and industry experience to matters. They harness this insight to help clients anticipate issues that could trigger scrutiny and establish productive relationships with AG offices. For clients facing an AG investigation—whether by individual states, including the increasingly active AGs of New York, California, Texas, Massachusetts and Washington, or by a combination of AGs working together—our team possesses a critical understanding of the wide-ranging challenges that can result and the best path to resolution. When litigation is required and the stakes are high, we offer deep trial experience against state AGs—with a track record of success.
Capabilities
Our lawyers, including the former Chief of Staff to the New York Attorney General Brian Mahanna, are well-known and respected among the AG ranks. We have a keen understanding of the different considerations and implications of each jurisdiction because we have handled matters on behalf of clients in 47 states, the District of Columbia and the US Virgin Islands. We also have significant experience effectively coordinating and representing companies in multistate AG investigations, including investigations of alleged unfair and deceptive acts, practices and parallel proceedings.
Advocating on behalf of our clients, we offer a clear perspective on how government agencies—including the AG's office—approach issues within their purview. We have significant experience representing corporate counsel in government investigations, as well as corporations and their executives in criminal and civil investigations conducted by state AGs.
Our lawyers include leaders in antitrust, False Claims Act actions, consumer protection investigations, information security matters and beyond, as well as practitioners who are well-versed in a range of industries, from pharmaceuticals to communications, financial services, energy and the environment.