State Attorneys General

State Attorneys General (AGs) are chief law enforcement officers of their states and highly influential political actors. They directly and profoundly impact and advance the interests of consumers and businesses, both in their own states and nationwide as part of multi-state AG initiatives. AGs can harness media to push for public policy changes and have the power to conduct investigations and file litigation seeking significant damages, penalties, injunctive relief, and other remedies that could seriously affect your organization.

Foley’s State Attorneys General Practice thus offers you much more than just the traditional AG practice. Unlike most other AG practitioners who attempt to cover states from offices in Washington, D.C., our team is located throughout the country and where you need us to be. Our team combines years of building close relationships with State AGs and their chief executives nationwide to minimize exposure with sophisticated local and national investigative and litigation skills. We leverage strong local on-the-ground relationships in Washington D.C. and key states such as California, Colorado, Florida, Illinois, Massachusetts, Maryland, Michigan, New York, North Carolina, Texas, Utah, Virginia, Wisconsin, and others to serve our clients effectively. We also collaborate with our highly respected state and federal regulatory lawyers, lobbyists, and media insiders located in Washington, D.C., and around the country.

Our scope is not limited to the United States. For clients who have business across borders with Mexico, Europe, or Canada related to AG matters, we can leverage our Foley offices in Mexico City and Brussels, and we have longstanding relationships with partner firms in Canada.

We bring our decades of experience from inside States AG offices, as corporate counsel, and representing targets of investigations and litigation to support our clients. The team is led by co-chairs Ed Burbach, former Texas Deputy Attorney General for Litigation (lead litigator for the State of Texas), Frank Pasquesi, former senior vice president of litigation and assistant general counsel at CVS Health Corporation, where he managed all government investigations and litigation, and vice chairs Siran Faulders, former senior assistant Virginia attorney general, Stephen Cobb, former Virginia Deputy Attorney General, and Meghan Stoppel, former Nebraska Chief of Consumer Protection.

You will benefit from our team members’ close connections with all State AGs (and their chief executives), and even more from our team’s AG practitioners with direct experience handling AG investigations, litigation, and other legal matters. We also have deep experience handling investigations and litigation with the Federal Trade Commission, Consumer Financial Protection Bureau, Department of Justice, the Better Business Bureau and consumer advocacy groups.

Engaging Attorneys General Through Affirmative Outreach

By tirelessly building key AG relationships through multiple avenues, as well as educating AGs on our clients’ business perspective, intervening before concerns escalate, and representing clients facing the potential of multi-state actions, we help you avoid litigation whenever possible. Our affirmative outreach efforts engage AGs to pursue policy and regulatory outcomes sought by our clients by utilizing a variety of state and federal policy influencers.

Areas of Counsel

Consumer protection

We keep our fingers on the pulse on the latest trends and changes in politics and the law, anticipating problems before they arise. We take action to persuade and, as necessary, to defend against State AG and FTC investigations and enforcement actions.

Financial services

We have significant experience with regulatory and enforcement issues in the financial services and mortgage industries, including AG authority derived from the Dodd-Frank Act, the Real Estate Settlement Procedures Act (RESPA), the Truth in Lending Act (TILA), and Consumer Financial Protection Bureau (CFPB) regulations.

Health care and pharmaceuticals

By collaborating with members of our Health Care & Life Sciences sector, we help clients manage health care-related mergers requiring state AG review, Medicaid fraud enforcement, health care false claims, and guidance concerning the Affordable Care Act.

State licensure

We combine our AG relationships, regulatory experience, and our sector experience to address a variety of state licensing matters. Whether you are seeking affirmative issuance of a new state license for a business unit or defending investigations, exams, or potential revocation of state licenses by state departments of banking, finance, health, insurance, professional responsibility or state boards of pharmacy, dentistry, or more, we can help you.

Privacy & Cybersecurity

We work with our Innovative Technology sector experts to assist clients with cyber security compliance analysis, counsel on State AG interests and actions, and engage with State AGs whenever client privacy policies or security measures come under scrutiny.

Innovative technology

State AGs are taking action on Artificial Intelligence and other technologies. We leverage our team in the Innovative Technology sector to help counsel on these issues.

ESG & DEI

Since the initiation of ESG and DEI enforcement, we have counseled financial institutions, technology companies, retailers, health care companies, and others on understanding and maneuvering through often conflicting laws and regulations throughout the states.

Antitrust

We are experienced in a broad spectrum of industries and can counsel, persuade, and litigate as necessary to protect your interests. We work closely with our Antitrust practitioners to assist you with the preparation for a merger, and after a merger announcement is made, we can help you successfully navigate AG inquiries and approvals.

Securities enforcement

We represent clients in a variety of industries who have been targeted by those State AGs with securities enforcement authority.

Amicus briefs

Our relationships are also critical in allowing our team to position, draft, and gain amici support from State AGs.

Federalism

As industries come under increasing regulation on the federal and state levels, we engage with state AGs on significant constitutional matters addressing preemption, powers, and the proper roles of the federal government and the states.

Legislative and regulatory actions

We educate State AGs to engage in regulatory decision-making and legislative processes, using their legal position to influence policy outcomes. We understand the interactions between state AGs and the federal government, including how to engage trade associations, interest groups and media to achieve results.