Cozen O’Connor: State Attorneys General

State Attorneys General

The State AG Report Blog

EU Kills Privacy Shield | Honesty in Telecom Advertising | Big False Claims Act Settlements

This week's update includes the following, and more:

  • Indiana GOP Chooses AG Candidate for 2020; Virginia Looks Ahead to 2021
  • CFPB Shuts Down Student Debt Relief Scheme
  • Municipalities, Like Individual Consumers, Are Targeted by Misleading Marketing Tactics
  • Washington AG’s “Honest Fees Initiative” Adds Another Telecom Settlement to the Scoreboard

View the weekly update.

With the nation’s preeminent state attorneys general (AG) practice, Cozen O’Connor provides clients unmatched counsel and boutique-quality personal service in AG-related legal and policy matters across the country.  Our attorneys represent clients in AG investigations and litigation (including multistates and federal co-enforcement actions) and counsel clients based upon decades of experience working with AGs across the country.

Cozen O’Connor’s state attorneys general practice is one of the largest in the United States. Members of our practice are widely recognized for establishing this area of legal representation and have worked closely with AG offices and clients for more than 30 years. Our attorneys continue to work at the forefront of emerging state attorneys general issues. Drawing from their deep experience, our attorneys help clients:

  • Establish and maintain dialogue with AGs
  • Educate AGs on national and state policy issues
  • Anticipate and craft creative solutions to potential issues before they impact the client
  • Minimize exposure to and liability from litigation
  • Defend vigorously when investigations are unavoidable or litigation is necessary

We provide solutions to businesses on matters brought by state attorneys general across the country, including defending our clients against litigation, qui tam actions, and investigations (including multistate and federal co-enforcement actions) of business practices relating to antitrust, consumer protection, data privacy, and the environment.

Complex Litigation Resolution and Avoidance
We create customized strategies to help our clients avoid becoming targets of costly AG investigations and litigation, and to extricate them from such challenges should they materialize.

Consumer Protection and Antitrust Investigations and Litigation
Whether involving a single state attorney general or multiple attorneys general — we vigorously defend the interests of our clients who face consumer protection and antitrust investigations and litigation. We have successfully resolved investigations involving all 50 state AGs.

State False Claims Acts
Qui tam actions are on the rise as more states adopt false claims acts.  Any company doing business with a state has a potential risk.  We have experience representing clients in both Medicaid and non-Medicaid false claims act actions.  AGs are the gatekeepers that determine whether the state intervenes in an action or not.  We have implemented successful strategies that advocate against the state intervening in qui tam actions.

Consumer Financial Protection Bureau
The Consumer Financial Protection Bureau (CFPB) has made partnering with AGs a top priority. We have significant experience assisting financial services firms with issues before the CFPB and AGs. Our attorneys actively engage with the CFPB and AGs on finance-related issues.

Data Privacy and Information Security
AGs have stepped up enforcement of data protection and privacy laws that range from regulating information collection practices targeted to minors to notice requirements for payment card data losses and other breaches. We advise Fortune 500 companies in the credit card, telecommunications, pharmaceutical, retail and other industries on data privacy, data breaches and information security matters before state AGs.

Amicus Briefs
State AGs can have a significant impact on the outcome of litigation as amici. We have secured AG amicus support in the U.S. Supreme Court in many landmark cases.

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Experience

Publications

EU Kills Privacy Shield | Honesty in Telecom Advertising | Big False Claims Act Settlements [The State AG Report Blog]

July 16, 2020

2020 AG Elections Indiana GOP Chooses AG Candidate for 2020; Virginia Looks Ahead to 2021 Todd Rokita, former Indiana Secretary of State and U.S. Congressman, has won the Republican nomination for Indiana AG over incumbent AG Curtis Hill and will face Democratic candidate Jonathan Weinzapfel...

AGs’ Expanding Focus Due to COVID-19 | New Antitrust Guidelines | AG Sues Timeshare Exit Companies [The State AG Report Blog]

July 09, 2020

Cozen in the News New Challenges for Attorneys General as They Respond to COVID-19 Christopher Allen, a Member of Cozen O’Connor’s State Attorneys General Practice, penned an Alert analyzing the novel ways in which AGs are wielding their legal, political, and policy-making ity in...

As State Level First Responders, AGs Contend with New Challenges in Response to COVID-19

June 30, 2020

Christopher J. Allen discusses state AGs wielding their legal, political, and policy-making ity and increasing enforcement to protect consumers, enhance data privacy and security, eliminate price-gouging, and combat false claims for payment to state ities.

WV AG Primary Results | $3.6 M Misleading Advertising Settlement | AGs Seek Stay of Pipeline Injunction [The State AG Report Blog]

June 25, 2020

COVID-19 Planning a Trip During the Pandemic? Add Reliability of Travel Agency to Your Worry List Massachusetts AG Maura Healey sued online travel agency BookIt Operating, LLC, d/b/a BookIt.com, and its CEO (collectively “BookIt”) for allegedly knowingly collecting money from consumers for...

Privacy v. Contact Tracing Apps | Fracking Pollution Criminal Charges | Loans at 251% Interest [The State AG Report Blog]

June 18, 2020

COVID-19 Attorneys General Express Concern Over Contact Tracing Apps The National Association of Attorneys General (“NAAG”) sent a letter signed by a bipartisan group of 39 AGs to Apple, Inc. and Google, LLC, seeking assurances that all COVID-19-related contact tracing and exposure...

Stronger Price Gouging Law in New York | Suit over Billions of Robocalls | Settlement with Children's App Developer [The State AG Report Blog]

June 11, 2020

COVID-19 New York Strengthens Protections Against Price Gouging New York Governor Andrew Cuomo signed 8189 and A.10270 into law, which strengthen New York state’s ability to combat price gouging on essential goods and services, including products and equipment critically needed during the...

2020 AG Election Updates | Price Fixing on Canned Tuna | Google Sued for Tracking Users [The State AG Report Blog]

June 04, 2020

COVID-19 Attorneys General Continue to Address Alleged COVID-19-Related Fraud and Abuse Florida AG Ashley Moody reached a settlement with Sunshine Community Rx d/b/a PrecisionMed Pharmacy (“PrecisionMed”) to resolve allegations that it marketed and sold COVID-19 test kits by falsely promoting...

COVID-19-Related Scams | Improving Access to Internet Nationally | Student Debt Relief Fraud [The State AG Report Blog]

May 28, 2020

Cozen in the News Cozen O’Connor Adds Privacy, Technology, and Class Action Litigation Depth Cozen O’Connor added two significant attorney groups in recent weeks whose niche practices are highly complementary to the work of Cozen’s State Attorneys General Practice. Nine attorneys joined the...

FTC Flags COVID-19 Fraud & Abuse | $550 Million Subprime Auto Loan Settlement | Bank Accounts for Marijuana Businesses Urged [The State AG Report Blog]

May 21, 2020

COVID-19 FTC Flags for COVID-19-Related Fraud and Abuse The Federal Trade Commission (“FTC”) and the Small Business Administration (“SBA”) sent joint letters to marketing company ITMedia Solutions, LLC (“ITMedia”) and its client Lendio, Inc. warning them that they may be misleading small...

Pennsylvania Attorney General Announces Nursing 凯发登录苹果版下载home Criminal Investigations [Alert]

May 15, 2020

Danielle Sapega discusses the Pennsylvania attorney general's investigation into nursing 凯发登录苹果版下载homes, the Department of Health's guidance for nursing 凯发登录苹果版下载homes, and the governor's executive order granting immunity to health care workers.

AG Investigates Nursing 凯发登录苹果版下载homes | FTC Sends More COVID-19 Warning Letters | Zoom Agrees to Enhance Security [The State AG Report Blog]

May 14, 2020

COVID-19 Who’s Watching Gramma? Pennsylvania Attorney General Investigates Nursing 凯发登录苹果版下载homes for Criminal Neglect Pennsylvania AG Josh Shapiro is investigating ”several” unidentified nursing 凯发登录苹果版下载homes in the state over COVID-19-related allegations of neglect of a care-dependent person, a criminal...

Price Gouging Lawsuits | Antitrust Settlement in Cancer Care Market | Alleged Misuse of Tax Credits by Nonprofit [The State AG Report Blog]

May 07, 2020

COVID-19 Attorneys General Address Pandemic-Related Price Gouging District of Columbia AG Karl Racine sued convenience store Helen Mart, LLC for allegedly selling bleach at a 200% markup, compared to prices charged by other retailers, in violation of the District’s Natural Disaster Consumer...

Demand for Information-Sharing Platforms Has Soared, Raising Privacy Concerns With Regulators [Alert]

April 22, 2020

Lori Kalani and Ann-Marie Luciano discuss privacy and data security issues state AGs are investigating and what technology companies can do to prevent these issues.

AGs on the Front Line of the COVID-19 Consumer Protection Fight [Alert]

March 12, 2020

Christopher Allen discusses how Attorneys General (“AGs”) are manning the front line in keeping consumers from becoming victims of scams, abuse, or fraud using the powers they have wielded for decades across a wide range of industries to combat deceptive and misleading claims and unfair business practices.

Avoiding Online Scams in the Time of Coronavirus [Alert]

March 12, 2020

Trevor McGuinness discusses ways to avoid email scammers and hackers who may use the coronavirus as a way of accessing computers and personal information.

Recent AG and FTC Enforcement Actions Provide Guidance on Data Security Best Practices [Infographic]

February 10, 2020

More and more companies are experiencing crippling data breaches. We analyzed recent state Attorney General and FTC enforcement actions to identify eight data security best practices that companies can adopt to mitigate the likelihood of a breach which can be found in this infographic.

State Attorney Activism and Enforcement Trends

February 03, 2020

Ann-Marie Luciano, Chris Allen, and Bryan Mosca published an article in Bloomberg Law on February 3, 2020, sharing their observations on trends in state Attorney General activity in 2019, and the enforcement priorities they expect to see AGs focus on in 2020.

State Attorneys General Antitrust Enforcement: Trends and Insights

August 26, 2019

Milton Marquis, Ann-Marie Luciano & Keturah Taylor published an article highlighting the growing role of State Attorneys General utilizing their antitrust ity on a national scale through multistate action and co-enforcement activity with their federal counterparts.

Cozen Insight: 2019 AG Election Landscape [State AG Elections]

April 09, 2019

Kristina Howard wrote about the upcoming 2019 State Attorney General elections that will take place in Kentucky, Louisiana, and Mississippi.

INSIGHT: State AGs Targeted Opioids in 2018, Wider Trends Predicted for 2019 [Bloomberg Law]

February 20, 2019

Ann-Marie Luciano and Jawaria Gilani discuss the State Attorneys General actions relating to opioids in 2018 and predict enforcement trends for 2019.

What You May Not Know About the Incoming Class of New State Attorneys General

December 12, 2018

Kristina Howard, a policy adviser for Cozen O'Connor's State Attorneys General practice group, wrote about the new incoming class of 2019 State Attorneys General.

The Beltway Briefing Road to the 2018 Midterm Elections - Special General Election Edition

October 30, 2018

On this podcast, Cozen O'Connor Public Strategies Managing Partner Howard Schweitzer and Former Virginia Attorney General and member of the Cozen O’Connor State AG group Jerry Kilgore join Blake Rutherford to discuss the highlights of key incumbent and open seat races in the 31 State AG elections in 2018.

Federal Trade Commission Guidance to Multi-Level Marketing Companies [Today's General Counsel]

October 17, 2018

An article ed by JB Kelly and Bryan Mosca has been published in the most recent quarterly issue of Today’s General Counsel.

Potential for Major Shift in AG Enforcement Priorities in 2019

September 11, 2018

After 31 AG primary elections, of which four incumbents were contested, and three Republican AG runoff primaries, the AG primary season will officially conclude on September 13 in New York.

New Jersey’s U.S. Supreme Court Victory for Legalized Sports Betting [New Jersey Law Journal]

June 01, 2018

Bryan Mosca, a member of Cozen O'Connor's State Attorneys General practice and Mark Quist, a law clerk of the firm's State Attorneys General practice, wrote about the implications of the gaming industry with legalized sports gambling in New Jersey.

GNC Lawsuit: Dietary Supplement Companies Can Adapt to Focus of State AGs [Natural Products Insider]

August 31, 2016

Lori Kalani and Chris Allen discuss the implications of the Oregon State AG's lawsuit against GNC for the dietary supplements industry.

Be Prepared When a State Attorney General Calls [Natural Products Insider]

January 06, 2016

Lori Kalani and Maria Colsey Heard discuss AG investigations in, "Be Prepared When a State Attorney General Calls."

Recent Developments in State Attorneys General Enforcement [The Urban Lawyer]

June 10, 2015

Bernard Nash, Ann-Marie Luciano and Bryan Mosca discuss new investigatory and policy activity among state attorneys general.

2017 Guide to State Attorneys General [Map]

May 05, 2015

The guide includes information on attorney generals in all 50 states, the District of Columbia, Commonwealth, and Territories of the United States, including a photos, year first elected or appointed, political party affiliation, leadership positions and brief background summaries.

Events & Seminars

Past Events

Health Law 2020

December 04, 2019 - Philadelphia, PA

Beyond the First Step Act

May 22, 2019 - Washington, D.C.

CTeL Executive Telehealth Fall Summit 2017

November 30, 2017 - Washington DC

2017 Association of Corporate Counsel Annual Meeting

October 15, 2017 - Washington, D.C.

State CPA Society ED/CEO and Managing P/MD Summit

October 03, 2017 - Westlake, TX

Cybersecurity Workshop

September 27, 2017 - Tampa, FL

FinTech Policy Roundtable Fly-In

September 07, 2017 - Washington D.C.

2017 Consumer Protection Conference

February 02, 2017 - Atlanta, GA

2016 SupplySide West Conference

October 05, 2016 - Las Vegas, NV

Will You Be Ready If An AG Calls?

December 07, 2015 - Washington, D.C.

In The News

63 Cozen O’Connor Lawyers, 16 Practices Earn Top Recognition in Chambers USA 2020 Guide

May 14, 2020

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 63 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2020 edition.

Recent AG and FTC Enforcement Actions Provide Guidance on Data Security Best Practices

January 08, 2020

Ann-Marie Luciano and Jawaria Gilani published an article in the January 8 edition of CyberSecurity Law Report setting out practical steps companies can take to reduce the likelihood of a data breach.

States Press Ahead With Privacy Laws Even as Congress Stalls

December 23, 2019

Lori Kalani, co-chair of Cozen O’Connor’s State Attorneys General practice was quoted in a Bloomberg Law article discussing the cascading effect likely to result from the enactment of California’s new privacy laws and other actions by state attorneys general to hold companies accountable for collection and use of consumer data.

Bryan Mosca Discusses Increasing Role of State AGs in Employment Law Enforcement

December 06, 2019

On December 6, Bryan Mosca, a member of the State Attorneys General Practice, participated in a panel together with labor industry experts from Harvard Law, Chicago-Kent College of Law, and the Arise Worker Center at the Institute for Law and the Workplace Employment Law Conference in Chicago, IL.

Big Tech Antitrust Probes to Stretch States’ Limits

November 06, 2019

Bernard Nash and Lori Kalani were quoted in Bloomberg Law, discussing the strain that antitrust probes of Alphabet, Inc.’s Google and of Facebook, Inc. may place on the budgets of state Attorneys General already handling resource-intensive investigations and suits relating to opioids and drug-price fixing.

Exxon’s Climate-Change Accounting Goes on Trial

October 21, 2019

Bernie Nash, co-chair of the firm’s State Attorneys General Practice, is quoted in a Wall Street Journal article describing the upcoming courtroom showdown between Exxon Mobil Corp. and New York’s Attorney General over how the oil industry accounts for the impact of climate change.

As the Litigation Funding Industry Grows, So Do Efforts to Control It

July 11, 2019

Lori Kalani was quoted in The American Lawyer about attorneys general and state agencies taking action against litigation funders under state consumer protection laws.

State Attorneys General Joined in 9 Legal Causes in May—Likely a Record Number

June 03, 2019

Bernie Nash discussed with Corporate Counsel the legal causes that state attorneys general pushed during the month of May.

The FTC’s Retooled Data Security Orders

May 10, 2019

JB Kelly spoke with FTC Watch about the FTC’s April 24, 2019, settlement orders in cases against ClixSense and i-Dressup.

57 Cozen O’Connor Lawyers, 16 Practices Earn Top Recognition in Chambers USA 2019 Guide

April 25, 2019

Chambers USA, the leading annual guide to the top lawyers and law firms in the USA, has ranked 57 Cozen O’Connor lawyers as leaders in their respective fields in the Guide’s 2019 edition.

Experts Predict 2019 Will Be Most Aggressive Year Yet for State Attorney General Litigation

February 08, 2019

Bernie Nash and Lori Kalani discussed with Corporate Counsel which sectors may see more aggressive scrutiny from state attorneys general in 2019, the kinds of actions corporations can expect to see, and how to be prepared.

18 Cozen O'Connor Attorneys Named New York Metro Super Lawyers and Rising Stars

September 21, 2018

Super Lawyers has named 17 Cozen O'Connor attorneys to its 2018 New York Super Lawyers and Rising Stars list. Twelve were recognized as Super Lawyers and five were named "Rising Stars."

126 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 22, 2018

One hundred twenty-six Cozen O’Connor lawyers from 20 of the firm’s national offices have been selected for inclusion in the 2018 edition of The Best Lawyers in America.

Fifty Cozen O’Connor Attorneys Ranked by Chambers USA 2018

May 21, 2018

Cozen O’Connor is pleased to announce that Chambers USA has recognized 50 Cozen O’Connor attorneys for 2018 as leaders in their respective fields; 12 attorneys were recognized nationally and 14 were ranked in the top band either nationally or at the state level.

The ‘people’s lawyers’ v. the POTUS

May 02, 2018

Bernard Nash and Lori Kalani, co-chairs of Cozen O’Connor’s State Attorneys General practice, were quoted in the Chicago Daily Law Bulletin regarding the trend of state AGs bringing lawsuits against the federal government, from the Reagan administration to the present.

AGs Join Forces to Help Consumers; Get Votes

February 22, 2018

JB Kelly, of Cozen O’Connor’s State AG group, was featured in the American Financial Services Association’s Newsbriefs highlighting his remarks at AFSA’s first Law & Compliance Symposium about how AGs develop their investigations against companies.

State Attorneys General Group Launches Election Tracker Covering All Primary and General State AG Races

February 13, 2018

Thirty states plus the District of Columbia will hold elections for State AG this year, including at least ten open-seat races. AGs appointed by governors or legislatures may change in an additional five states in 2018.

State AG Practice Opens Virginia Office

January 03, 2018

The Virginia team will be headed by Jerry W. Kilgore, a member of Cozen O’Connor’s State AG practice and former Virginia State Attorney General. Cozen O’Connor’s State AG group is one of the largest and oldest state AG practices in the nation, with a focus on AG-facing investigations, litigation, outreach, and policy.

A.G. and Antitrust Law Pioneer: Bernie Nash '66

November 09, 2017

Bernie Nash, co-chair of Cozen O'Connor's State Attorneys General practice, was featured in Brooklyn Law School's alumni notes.

SupplySide West Podcast 59: Dissecting State AG Activities in Dietary Supplement Industry

September 19, 2017

Lori Kalani, co-chair, and Jerry Kilgore, a member of Cozen O'Connor's State Attorneys General practice, joined Josh Long of Natural Product Insider for his podcast.

100 Cozen O’Connor Lawyers Named to the Best Lawyers in America

August 23, 2017

Lawyers were selected for inclusion in the 2018 edition based on a rigorous peer-review that has been developed and defined for more than 30 years.

How Law Firms Can Prepare For More State AG Actions

June 29, 2017

Bernie Nash and Lori Kalani, both members of Cozen O'Connor's State Attorneys General practice, discuss how law firms can prepare for more State AG actions in Law360.

Cozen O’Connor Earns Client Recognition in 2017 Chambers USA Rankings

May 26, 2017

Chambers USA recognized 47 Cozen O’Connor lawyers as leaders in their respective fields; 14 attorneys were recognized nationally and 11 were ranked in the top band.

Cozen O’Connor’s State Attorneys General Practice to Be Honored for Excellence in Legal Coverage of State AG Issues

May 22, 2017

Cozen O’Connor’s State Attorneys General practice group has received the Burton Award’s first “Blog of the Year Award in Law.” The national awards program is held in association with the Library of Congress and co-sponsored by the American Bar Association.

Interview of Massachusetts AG Maura Healey by Cozen O'Connor Shareholder Lori Kalani

April 25, 2017

Lori Kalani, co-chair of Cozen O’Connor’s State Attorneys General practice, recently had the opportunity to speak to Massachusetts Attorney General Maura Healey about her efforts in concert with other AGs challenging the Trump Administration in several key policy areas, as well as her other priorities and issues of focus as an attorney general.

Cozen O’Connor Promotes 17 Attorneys to Membership

April 03, 2017

The management committee is pleased to welcome a particularly qualified group to membership, composed of outstanding attorneys who have demonstrated remarkable professionalism, leadership, dedication, and loyalty to the firm and the legal community at large.

Jerry Kilgore’s Addition to Cozen O’Connor’s State Attorneys General Practice Featured in National Media

February 28, 2017

The expansion of Cozen O’Connor’s leading State Attorneys General practice with the addition Jerry Kilgore has been profiled by The National Journal.

Cozen O’Connor Expands State Attorneys General Practice with Addition of Former Virginia State Attorney General Jerry Kilgore

February 27, 2017

Cozen O’Connor is pleased to announce that Jerry Kilgore has joined the firm’s State Attorneys General (AG) Practice as a member.

Sixty-Two Cozen O’Connor Lawyers Named to the Best Lawyers in America

August 15, 2016

Sixty-two Cozen O’Connor lawyers from 13 of the firm’s national offices have been selected for inclusion in the 2017 edition of The Best Lawyers in America.

Herbalife Settles with FTC and Illinois Attorney General’s Office

July 18, 2016

Cozen O’Connor’s State Attorneys General Practice represented Herbalife International, Inc. and Herbalife International of America, Inc. in separate settlements with the Federal Trade Commission (FTC) and the Illinois Attorney General’s Office.

Cozen O’Connor Earns Client Recognition in 2016 Chambers USA Rankings

May 27, 2016

Chambers USA recognized 41 Cozen O’Connor lawyers as leaders in their respective fields; 12 attorneys were recognized nationally and 11 were ranked in the top band.

Lori Kalani Discusses Dietary Supplement Industry

January 22, 2016

Lori Kalani, a member of Cozen O'Connor's State Attorneys General practice, discusses last years investigation into the Nutritional Supplement Industry and their steps moving forward.

Cozen O’Connor Expands Nationally Recognized State Attorneys General Practice with Addition of Sean J. Riley

December 01, 2015

Riley previously served as chief deputy attorney general in the Kentucky Attorney General’s office and will be resident in Cozen O’Connor’s Washington, D.C., office.

Contacts

Bernard Nash

Co-Chair, State Attorneys General

bnash@dingfengyuan.cn

(202) 471-3406

Lori Kalani

Co-Chair, State Attorneys General

lkalani@dingfengyuan.cn

(202) 471-3407

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