Area of focus

State Attorneys General

Hogan Lovells state attorneys general practice, led by former DC Attorney General Karl Racine, represents clients confronting inquiries, investigations, enforcement, and litigation from State AGs across the United States. We help clients navigate legal and political uncertainty to identify the best path forward.

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Hogan Lovells’ State Attorneys General practice has direct experience covering the full breadth of actions that State AG offices bring across all industries, giving our team and our clients a strategic advantage. Led by former DC Attorney General Karl Racine, we represent clients confronting inquiries, investigations, enforcement, and litigation from State AGs across the United States.

As State AGs increasingly exercise their authority as regulators, companies must become more proactive in their internal compliance efforts. Nationwide, State AGs are establishing industry-wide initiatives, filing lawsuits, and obtaining settlements to exert significant pressure on businesses in an effort to minimize consumer harm. We understand how important it is for large companies occupying the public eye to remain hyper-vigilant and to protect themselves from State AG scrutiny that could hurt their business. Our practitioners have represented clients in a variety of industries in both individual and coordinated State AG investigations. So, whether you are looking for help navigating complex, state-by-state regulations, laying the critical internal groundwork for ever-changing compliance policies, or receiving a subpoena, it is vital to have a team that understands the State AG perspective from the inside out.

In the absence of comprehensive federal regulations, State AGs are also likely to continue to take regulatory action on issues related to social media, environmental justice, internet privacy, digital currency, artificial intelligence, and more. We help clients navigate State AG’s ever-expanding areas of interest, including:

Antitrust and Competition
Consumer Protection and Product Liability
Environmental, Social, Governance (ESG)
Labor and Employment Law
Privacy and Cybersecurity

Representative experience

Securing very favorable MDL class action settlement for automotive OEM targeted by state attorneys general, a federal government investigation, and more than 54 class actions.

Representing client in data breach affecting 50+ million people, including coordination of the client’s response, investigation, and State AG and regulatory interactions.

Representing pharmaceutical client in connection with State AG investigations of sale and promotion of opioid products.

Representing for-profit education company in State AG and Federal Trade Commission investigations relating to advertising and marketing practices.

Representing biotech company in Texas AG investigation into use of fetal tissue in our client’s research; AG did not proceed when provided evidence of the legality of our client’s processes.

Securing favorable civil settlement for international medical device manufacturer in New York AG investigation regarding sales and marketing practices.

Representing pharmaceutical company in Illinois AG investigation of alleged violations at the company’s manufacturing facility; we secured closure of the matter with no action taken by the state.

Resolving investigation into off-label marketing, reimbursement upcoding, and other allegations brought under state False Claims Act against a spinal implant manufacturer.

Represented an Incumbent Local Exchange Carrier (ILEC) in state administrative hearings and federal court litigation brought by each state in its 14-state territory involving alleged unfair competition practices.

Representing lead cooperators in a price-fixing, market allocation, and bid-rigging lawsuit filed against 18 generic pharmaceutical manufacturers and many of their former executives.

Representing the nation’s largest hospice provider in a nationwide False Claims Act litigation brought by DOJ and the State of Illinois; we resolved both for a fraction of the mediation demand.

Represented insurance company in investigations by State AGs for alleged violations involving conflicts of interest, unlawful commission payments, and the misuse of reinsurance products.

Representing major yogurt manufacturer in New York AG investigation of unlawful rebating and discounting practices.

Represented major national bank in lawsuit brought by the New York AG challenging the system of recording mortgages and mortgage transfers.

Represented major manufacturer of breakfast cereals in investigation by Connecticut AG alleging false and misleading statements in product packaging.

Advised a Net Zero Insurance Alliance (NZIA) member on the legal risks associated with remaining a member of the Alliance at the height of multiple members exiting after State AG’s claimed members were violating antitrust law.

Represented a major US-based proxy advisory firm in the financial services industry, on multiple inquiries from State AGs as well as Congressional leaders relating to ESG matters.

Represented a U.S.-based private equity company in obtaining the necessary approval of the California AG for the complex acquisition of a substantial asset owned by a California-based not-for-profit.