State Attorneys General

Overview

As state attorneys general (“AGs”) continue to expand their influential roles in legal and regulatory enforcement and band together into multistate litigation powerhouses, businesses across the spectrum should be prepared to face scrutiny from AG offices.

Blank Rome’s State Attorneys General team combines experienced litigators with industry and subject-matter professionals to provide counsel to clients facing high-level, state government-related investigations and lawsuits across the country. We understand the unique nature of engaging with AG offices: the powers of the bully pulpit; the priorities and motivations of the attorneys; the roles of the media and the political cycle; the intricacies of public records laws and investigatory files; and the complex, overlapping issues of politics, policy, and law. We have been there—on the inside—doing the legal work and advising and working with state AG offices at the highest levels.

With established relationships and regular dialogues with AG offices nationally, our team effectively and efficiently advises companies on the increasingly broad and active pursuit of investigations and lawsuits by AGs. We take a multidisciplinary approach by collaborating with industry and practice groups across our firm, including consumer protection, labor & employment, environmental enforcement, and antitrust, as well as government relations professionals in collaboration with our affiliate, Blank Rome Government Relations LLC.

How We Can Help

Our team has helped clients on matters related to:

  • Defense of consumer protection investigations and lawsuits in various industries
  • Prosecution of state tax appeals defended by AG offices
  • Requests to write off client debt owed to states
  • Requests that AG offices approve state contracts
  • AG control over, and defense of, investigations and lawsuits involving state nonprofits
  • Defense of various criminal matters investigated and brought before state grand juries
  • Investigations into casinos, sports betting, online gaming, and horse racing brought by AGs

Our team is involved at every stage of the investigative process, including:

  • Devising strategy, including outreach to AG offices due to concerns about potential investigations and lawsuits
  • Responding to civil investigative demands (“CIDs”) after a state AG has requested information in connection with an ongoing investigation
  • Defending specific civil and criminal lawsuits brought by a single AG, and national, multistate litigation brought by a group of AGs working together
  • Negotiating settlements, assurances of voluntary compliance (“AVCs”), consent petitions, and plea bargains, leveraging our understanding of state laws and the priorities of AGs and our clients to devise creative, successful outcomes where possible

What Sets Us Apart

  • Our team is led by a former Pennsylvania Executive Deputy Attorney General, who ran the Civil Law Division and oversaw the Civil Litigation, Appellate Litigation, Tax Litigation, Torts Litigation, Legal Review, and Financial Enforcement Sections, and played an instrumental role in the creation and inner workings of the Impact Litigation Section.
  • Members of Blank Rome’s State Attorneys General team have served in senior-level government positions, giving us a unique insider perspective that benefits our clients.
  • We have deep experience in pursuing tax litigation and appellate matters and routinely partner with the firm’s nationally prominent State + Local Tax (“SALT”) team.

Experience

  • Worked with team and led strategy to advise nursing home facing “bet the company” investigation by Pennsylvania Department of Health (“DOH”); worked with Pennsylvania Governor’s Office of General Counsel, DOH, Department of State, Office of Attorney General (“OAG”), and, separately, Centers for Medicare & Medicaid Services (“CMS”) at Federal level to resolve investigation.
  • Leading teams advising top Fortune 500 U.S. companies on legality of and complex implementation strategy for multi-state armed security forces to travel with and protect top executives.
  • Representing top gaming company, including leading communications and strategy with OAG, advising client in high-stakes, multipronged litigation over “skill games,” and leading important, related Right-to-Know Law appeal strategy and litigation.
  • Advising board of public state pension fund; representing fund in various litigation matters and implementing complex strategy related to class action litigation.
  • Successfully tried multi-day litigation in Pennsylvania Orphans’ Court regarding control of church following death of church’s founder who left church without bylaws; advising clients on related issues.
  • Representing multiple businesses and individuals across various industries in litigation and other efforts to achieve tax relief from Pennsylvania Department of Revenue (“DOR”), in litigation before Commonwealth Court defended by OAG, nunc pro tunc and other actions defended by OAG and DOR, and tax appeals before Pennsylvania Board of Appeals and Board of Finance and Revenue.
  • Led successful defense of investigation of investment firm by Pennsylvania Department of Banking and provided strategic and regulatory advice to client.
  • Represented cancer practice in high-stakes hospital competition litigation affecting patient care; leading separate communications and strategy development with OAG.
  • Defending private dental practice in Medicaid fraud investigation by OAG.
  • Lead counsel for hearing and post-hearing briefing on fee petition following successful firm representation in eminent domain matter.
  • Lead counsel for real estate investment company in eminent domain matter following condemnation of commercial property by state government to enlarge roadway.
  • Representing client in negotiations with Pennsylvania Department of Conservation and Natural Resources over potential donation and preservation of hundreds of acres of land to state park system.
  • Representing client seeking grants and other economic relief from multiple state agencies in response to significant unexpected capital expense that threatens plant production and jobs.

Team

Key Contacts   |   Team


Team