State Attorneys General Investigations and Litigation
As state attorneys general continue to adopt increasingly aggressive enforcement strategies targeting companies in nearly every industry, experienced counsel makes all the difference in achieving the best outcome. By leveraging our renowned regulatory talent, deep bench of False Claims Act and other litigators, and crisis management experience, Arnold & Porter’s State Attorneys General Investigations and Litigation attorneys have deep experience in favorably, and often quietly, resolving numerous significant single-state and multi-state cases for our clients, as well as aggressively litigating in state court when necessary. Having forged significant relationships with many state attorneys general, we help clients proactively identify issues, provide guidance to avoid inquiries and litigation, anticipate where investigators may focus their efforts, and devise effective measures to limit our clients’ exposure.
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Deep Government Connections: Having sat on both sides of the “v,” we know how state attorneys general think and what drives their decision-making.
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Renowned Regulatory Experience: By integrating our leading regulatory practices, including our life sciences, product liability, consumer protection, financial services, environmental, and privacy practices, among others, we offer our clients creative, effective solutions.
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Industry Knowledge: Our state attorneys general cases have involved automotive, chemicals, consumer products and retail, energy, food and beverage, industrial products, pharmaceuticals, retail, transportation, and technology industries.
Experience Highlights
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BP in more than a dozen novel climate change lawsuits filed by state and local governments in California, Delaware, the District of Columbia, Hawaii, Maryland, New Jersey, New York, Oregon, Puerto Rico, Rhode Island, South Carolina, Washington, and by a fishermen’s trade association.
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Philip Morris in consumer fraud and nuisance lawsuits over evapor products against state AGs in Alaska, Hawaii, Minnesota, and New Mexico, and litigating and arbitrating against, and working with, state AGs in all 50 states for over 25 years with respect to various disputes and other issues arising under the Master Settlement Agreement.
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Bristol-Myers Squibb and Sanofi in coordinating investigations and litigation brought by state attorneys general, including the Hawaii State Attorney General, DOJ, and various U.S. Attorney’s Offices, MFCU representatives, and private qui tam relators regarding the companies’ marketing of the drug Plavix®.
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Barnes & Noble in connection with a card data breach involving PIN pad skimming, which resulted in dismissal of case. The matter included cooperation with a federal law enforcement investigation and prosecution, Federal Trade Commission and state attorney general investigations, and resulting class action litigations.
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NY State Executive Chamber (Governor’s office) in the high-profile investigation by the NY State Attorney General into allegations of sexual harassment by former Governor Andrew Cuomo.
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National oil and gas company in its successful defense against lead pigment public nuisance suits brought by the Rhode Island Attorney General, Ohio Attorney General, and numerous cities and counties in California, Illinois, New Jersey, and Ohio. Disposed of hundreds of cases by motion and prevailed in the four cases tried to verdict.
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Multinational pharmaceutical manufacturer in separate investigations by the Texas Attorney General and the U.S. Attorney's Office for the Eastern District of Pennsylvania regarding allegations of off-label promotion and kickbacks with respect to a blockbuster dermatological medication.
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Korean multinational bank in an investigation by the New York Attorney General’s Office, U.S. Attorney’s Office in the Southern District of New York, OFAC, Federal Reserve Board, and New York Department of Financial Services for allegedly violating Iran and other sanctions.
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Dunkin' Brands in investigation, litigation, and favorable settlement of a New York Attorney General’s lawsuit alleging the failure to protect consumer data security and privacy.
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Irving Oil, one of Canada’s top energy companies, in a dispute with the State of Vermont regarding allegations that it contaminated the groundwater in the state by using gasoline containing MTBE.
Key Contacts
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Recognition
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Chambers USAAntitrust (Nationwide, Washington, D.C., New York) (2024)
Corporate Crime & Investigations: The Elite (Nationwide) (2024)
False Claims Act – Band 1 (2024)
Financial Services Regulation: Banking—Enforcement & Investigations (Nationwide) (2024)
Litigation: White-Collar Crime & Government Investigations (New York, Washington, D.C.) (2024)
Litigation: General Commercial: (Colorado, Illinois, New York, Texas, Washington, D.C.) (2024)
Product Liability: Regulatory – Nationwide (2024)
Product Liability & Mass Torts: The Elite – Nationwide (2024) -
BTI Consulting GroupIntimidating Opponent in Litigation (2025)
Complex Commercial Litigation Powerhouses (2024)
Most Feared in Litigation (2024) -
Benchmark LitigationWhite-Collar Crime (2024)
Dispute Resolution — California; District of Columbia; New York (2024) -
FT Innovative Lawyers“Standout”—North America (2023)
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Law360"Appellate Practice Group of the Year" (2023)
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The Legal 500 USAppellate: Courts of Appeals (2024)
Appellate: Supreme Courts (states and federal) (2024)
Corporate Investigations and White-Collar Criminal Defense — Advice to Corporates and Individuals (2024)
General Commercial Disputes (2024) -
U.S. News & World Report and Best LawyersBet-the-Company Litigation—Chicago, Colorado, San Francisco (2024)
Criminal Defense: White Collar—National, Washington, D.C., New Jersey, New York (2024)
Securities Regulation—Washington, D.C., National (2024)
Environmental Litigation – National, New York, Washington, D.C. (2024)
Regulatory Enforcement Litigation – SEC, Telecom, Energy (2024)
Litigation: Securities—Washington, D.C., National (2024) -
LMG Life Sciences GuideWhite Collar/Government Investigations (2024)
Non-IP Litigation & Enforcement: White-Collar/Government Investigations (2023)