State Attorney General Matters

Our state attorney general litigation experience is preeminent in the United States. Morgan Lewis Consulting dedicates extensive personnel to advising companies under scrutiny by state attorneys general and negotiating to resolve multistate attorney general investigations.

Our multilateral strategies help companies balance the public, political, and policy concerns of state attorneys general. We help our clients convey their messages across bureaucratic lines to key political and career decisionmakers. We work with state attorneys general every day, and we have favorably resolved litigation and investigations in all 56 states and territories.

Our lawyers and professionals’ backgrounds include serving in senior leadership positions in state attorney general offices and associations. This includes stints as attorney general, chief of public prosecution (consumer and antitrust), chief counsel for consumer protection at the National Association of Attorneys General (NAAG), associate deputy US attorney general, and director of intergovernmental affairs and executive director of the Conference of Western Attorneys General (CWAG).

Using our national platform, we interact directly with state attorneys general, their senior staff supervisors, and line assistants who run the investigations. We also work with the national organizations that can have an impact on serious litigation our clients face.

On behalf of clients, we:

  • Assess state attorney general interest in relevant issues prior to litigation, including antitrust reviews
  • Develop a targeted strategy based on careful analysis, including meetings with specific attorneys general or their senior staff
  • Advise on the unique aspects of public litigation by states, including political considerations, policy concerns, and other public motivations that do not exist in cases brought by private litigants
  • Help litigators respond to attorney general demands, including media demands, during litigation
  • Work with clients and litigation counsel to develop the sequence, substance, and timing of responses to issues raised in settlement negotiations
  • Assess and contend with the activities of private class action lawyers who routinely interact with state attorneys general