POWERFUL ADVOCATES

State Attorney General Practice

LEADERSHIP: Barry H. Boise

State attorneys general (AGs) have become a crucial part of the regulatory and enforcement landscape across the country, with resolution of investigations and lawsuits against targeted businesses and industries costing billions in fines and other penalties.

Pepper Hamilton LLP is in the forefront of vigorously and successfully defending and resolving AG actions alleging violations of consumer protection, false claims, unfair trade practices, and fraud statutes, seeking civil penalties, restitution and injunctive relief. We also represent clients in criminal investigations and prosecutions by AGs.  Our experience includes defending claims pursued by individual states, executive committees of multi-state AG groups, on behalf of Medicaid Fraud Control Units, and by privately retained, contingent counsel representing states and counties.

Our experience spans industries, with particular depth in the pharmaceutical, medical device, health care, and financial services industries, as well as education, nonprofits and charitable institutions, retail and consumer products.

Pepper’s state AG practice is led by former federal and state prosecutors (including a former chief of the criminal division of the New Jersey Office of the Attorney General) as well as defense counsel with decades of experience responding to investigations and defending clients in state AG litigations.  We know how AG investigations and lawsuits unfold, how prosecutors think, and how to craft a creative, effective and efficient path to resolution.

We have defended AG actions involving all 50 states. We have significant experience in multi-state AG investigations, including favorable resolution of investigations involving product recalls, alleged failure to disclose risk information, sales and marketing practices, and data breaches. We have successfully argued for federal jurisdiction over many AG actions, and we have developed creative and effective arguments to obtain summary judgment. We also have attacked, on federal and state constitutional grounds, the use of contingent fee agreements with private counsel to bring AG enforcement actions and litigation.