State Attorneys General

State Attorneys General (“AGs”) are not only lawyers for their states; they are political actors, public policy advocates and even regulators with significant penalty, injunctive, and other powers which could have a substantial impact on your organization. State AGs are thus highly influential throughout state governments, and nationally, because they directly affect and advance the interests of consumers and businesses while utilizing the power of media outreach.

Foley’s State Attorneys General Practice offers you much more than just the traditional “relationship” 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.

Foley’s State AG team combines a broad understanding of State AGs nationwide and sophisticated litigation skills. We bring our experience both from inside large States AG offices and as corporate counsel to bear for our clients. Our dedicated team of practitioners is led by Ed Burbach, the former Texas Deputy Attorney General for Litigation (lead litigator for the State of Texas), and Frank Pasquesi, former senior vice president of litigation and assistant general counsel at CVS Health Corporation, where he oversaw government investigations. Joe Jacquot, a former co-leader of Foley’s State AG team, accepted the appointment as General Counsel to the Governor of Florida in January 2019. Foley partners and professionals have key on the ground relationships in some of the most active states including California, Colorado, Massachusetts, Illinois, Wisconsin, New York, Texas and Florida.

You will benefit from our team members’ close connections with all State Attorneys General (and their chief executives), and even more from Foley’s on the ground AG practitioners in significant states who actually handle AG investigations, litigation and other legal matters. We also have deep experience handling investigations and litigation with the FTC, CFPB, DoJ as well as the BBB and consumer advocacy groups.

State AGs

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

Importantly, our State Attorneys General team members work on a daily basis with our highly respected state and federal regulatory lawyers, lobbyists, and media insiders located in Washington, D.C., and around the country. We have significant experience across numerous industries and industry teams dedicated to serving businesses where our bench is deepest and your needs are greatest.

State Attorneys General areas in which we counsel clients include:

Consumer protection. The UDAAP attorneys on our AG team maintain the pulse on the latest trends and changes in the law, anticipating problems before they arise. We take action to persuade and, as necessary, to defend against State AG enforcement actions.
Financial services. Our attorneys 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 Industry Team, 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.
Privacy. Along with our experienced Privacy, Security & Information Management Practice members, our attorneys assist clients with cyber security compliance analysis, counsel on State AG interests and actions, and engage with State AGs should client privacy policies or security measures come under scrutiny.
Antitrust. Our attorneys are experienced in a broad spectrum of industries and can counsel, persuade, and litigate as necessary to protect your interests.
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 attorneys, including a former state solicitor general, have the experience to position, draft, and gain amici support from State AGs.
Federalism. As industries come under increasing regulation on the federal and state levels, Foley attorneys have engaged 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 have experience persuading 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.