State Attorneys General
Aggressive enforcement by State Attorneys General (AGs) is more prevalent than ever before. Businesses must account for the growing role and influence of State AGs in the enforcement of laws that impact virtually every major industry. Among our clients are businesses, institutions and organizations involved in industries such as e-commerce, pharmaceuticals and medical devices, entertainment and digital media, food and beverage, technology, telecommunications and gaming, to name only a few.
State AGs are increasingly collaborating with other states and federal agencies on large-scale, multistate investigations and leveraging the powers and tools of their respective states and agencies to target companies utilizing cutting edge technologies. Today’s businesses cannot afford to be reactive when defending against one of these highly coordinated and complex multistate investigations. Preemptive planning and preparation are critical if companies want to effectively mitigate the risk of becoming the target of a single state or multistate investigation or enforcement action.
Stradling’s State AG team routinely advises an array of clients on compliance with federal and state consumer protection laws in order to mitigate the risk of an enforcement action. When clients do receive Civil Investigative Demands or subpoenas from State Attorneys General, the Federal Trade Commission (FTC), Consumer Financial Protection Bureau (CFPB), and/or local and county District Attorney offices, we help them navigate the investigation process with an eye toward minimizing the scope and expense of the investigation and ultimately achieving a favorable result that includes the avoidance of litigation.
Legal Counsel that Balances Business Objectives with Enforcement Risk
For businesses involved in navigating the rapidly evolving government and regulatory enforcement imperatives of the e-commerce, digital media, streaming entertainment, telecommunications, and gaming sectors, Stradling’s State AG team routinely provides legal counsel that balances commercial objectives with enforcement risk. For clients utilizing or contemplating the use of novel consumer-based interactive technologies and digital platforms, we are able to take a proactive approach with government regulators by engaging with them early in the lifecycle of the new technology and helping them better understand the benefits of the technology for the consumer. At the same time, we help such clients shape the narrative regarding how new laws and regulations will be applied to the technology to ensure innovation is encouraged rather than penalized.
Centered on defending clients against alleged violations of consumer protection laws, our team offers tactical and preventative compliance counseling to businesses seeking to remain ahead of the curve and at the forefront of development. When enforcement actions or inquiries arise, we are valued for our deep bench of skill representing companies in single or multistate consumer regulatory enforcement actions by State AGs, in addition to our experience representing companies before the FTC, CFPB and Department of Justice (DOJ).
Prior Government Experience that Informs our Strategy
The early career experience of our attorneys, including service with the DOJ and the SEC, means our team can anticipate government and regulatory concerns. This guides our advice when responding to government investigations or enforcement actions. Armed with decades of skill in carefully crafting legal analyses and providing sound business advice, we work diligently with our clients to guard against future legal spend on regulator inquiries and litigation by positioning themselves as being engaged in good-faith compliance efforts.
Moreover, our attorneys also regularly participate in various Attorneys General Associations, such as the Republican and Democratic Attorneys General Associations, Attorney General Alliance/Conference of Western Attorneys General and the National Association of Attorneys General. As a result, we have developed important, productive and trusted working relationships with many state AGs and their respective professional staff.
