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 examine and challenge an organization's conduct, leaving companies to navigate complicated legal, regulatory and public relations 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 litigation and crisis management experience. As a result, our team has the insight to advise on state AG priorities and procedures, to resolve complicated investigations and litigation, and 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—chaired by the former Republican Chief Deputy to the Wisconsin AG Paul Connell and the former Democratic First Assistant Attorney General of North Carolina Swain Wood—includes attorneys who have served at the most senior levels of government and bring deep policy and industry experience to matters. They harness these insights 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 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.
Our bipartisan team of over 50 lawyers have led or participated in more than 200 State AG matters since 2015, in every state and territory, including in significant multi-state AG investigations, and has developed deep substantive expertise with state law enforcement mechanisms. We have handled numerous high-profile public controversies as the outcome of State AG investigations and when litigation is required, we offer deep trial experience against State AGs—with a strong track record of success. We have handled many of the largest and highest profile multistate AG matters in recent years, and can resolve matters when that is in the best interests of our clients. But when also have litigated—and won—against state AGs in a variety of forums.
We have the substantive knowledge in the areas on which AGs focus to effectively advocate for clients. Our lawyers include leaders in antitrust, False Claims Act actions, consumer protection investigations, cybersecurity and privacy and beyond, as well as practitioners who are well versed industries that range from pharmaceuticals and healthcare to communications, financial services, energy and the environment. For example, we serve as strategic and settlement counsel for Walmart regarding thousands of opioids cases brought or contemplated by myriad plaintiffs, including the US Department of Justice, State Attorneys General, tribal nations, local governments and private and institutional plaintiffs. We have successfully negotiated nationwide resolution with all 50 States and territories, all tribal nations, and thousands of local governments and affiliated entities.
We have handled matters on behalf of clients in 50 states, the District of Columbia, Guam, Puerto Rico, the Northern Mariana Islands, 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 and practices, as well as parallel proceedings. We skillfully navigate all options available for resolution and settlement, and when litigation is required and the stakes are high, we offer deep trial experience against state AGs—with a track record of success.
Our lawyers are well known and respected among the AG ranks. We work regularly with key members of state AG offices and understand their priorities, so we are well positioned to offer clients a clear and nuanced perspective on how AGs and other government agencies approach issues within their purview. That intra-agency perspective is crucial for state AG matters—state AGs often investigate alongside other regulators, including the Securities and Exchange Commission, the Federal Trade Commission, the Federal Communications Commission, and the Department of Justice, and WilmerHale’s broad government experience means we are well equipped to work with any agency involved.
