Across the country, state attorneys general have become aggressive regulators. Whether suing in state courts or collaborating with their counterparts on multistate investigations, the country’s AGs have trained their sights on private sector conduct. This growth in the role of state attorneys general presents new challenges for many businesses. State AGs are now among the most formidable government regulators and enforcers, and companies must plan accordingly.
Our multidisciplinary team, which includes veteran litigators and seasoned former senior state attorney general officials, regularly works with attorneys general and their staffs to find favorable outcomes for clients—whether they are facing litigation, inquiries, or investigations, in one state or many. When settlement is not a reasonable option, our team of experienced litigators takes cases through trial and appeal. We have represented clients in some of the highest profile AG-led trials of the last decade, securing favorable trial court judgments and obtaining more than $2 billion in appellate reversals in litigation brought by AGs.
How do we do it? Our lawyers combine their state and federal government experience—many were senior officials in the California Attorney General’s Office or Department of Justice—with extensive experience successfully handling AG matters and respected relationships with AG offices to give clients an in-depth understanding of the government’s decision-making process. But what truly sets O’Melveny’s team apart is an ability to effectively litigate and try an AG case when necessary. That ability allows clients to see matters through to the end, but also better positions them for beneficial settlements when those are in their best interests.
Our multi-disciplinary team advises a client’s management and in-house counsel coherently, and with a consistent voice, on the multiple fronts often associated with high-exposure cases (including regulatory investigations, legislative hearings, and claims in multiple jurisdictions, often with media and public relations considerations). And we stay up to date. Our practice group members participate in organizations including the National Association of Attorneys General (NAAG), the Republican Attorneys General Association (RAGA), the Democratic Attorneys General Association (DAGA), and the Conference of Western Attorneys General (CWAG).
O’Melveny’s AG experience includes cases in these areas of law:
- Consumer Protection
- False Advertising
- Financial Services
- Medicaid Fraud/False Claims Act
- Product Liability
- Public Nuisance
Our team brings comprehensive knowledge of the issues affecting various industries, including:
- Colleges & Universities
- Consumer & Retail Products
- Drugs and Medical Devices
- Entertainment & Media
- Financial Services
- Food & Beverage
- Health Care
Secured a favorable settlement to resolve a civil action brought by the Office of the Attorney General for the District of Columbia concerning the governance, financing, and expenditures of the committee in connection with the 2017 presidential inauguration.
Represented a major construction and real estate management company in a joint state AG and regulator investigation that resulted in no action.
Favorably settled three wide-ranging lawsuits that state attorneys general from Hawaii, New Mexico and the US Virgin Islands brought related to Ford’s use of airbags produced by Takata Corporation.
Resolved several multi-state investigations and litigation, including:
- Negotiated a global resolution of claims from 48 states and more than 3,000 municipalities accusing pharmaceutical manufacturers of causing the opioid-abuse crisis.
- Convinced the Oklahoma Supreme Court to reverse a trial court’s ruling that called for our client to pay US$465 million for nuisance abatement.
- Resolved a 42-state investigation of alleged consumer-protection violations and five State Attorney General consumer-fraud actions relating to Ethicon’s pelvic mesh products.
- Resolved investigations by a multistate group comprised of 46 states and the District of Columbia into the development and marketing of DePuy’s ASR metal-on-metal hip devices with no AG litigation being filed.
- Obtained appellate victories in the Arkansas and Louisiana Supreme Courts reversing more than US$1.7 billion in civil penalties for allegedly fraudulent marketing of Risperdal."
Secured a favorable settlement with the Attorney General of Massachusetts for one of the largest online lending marketplaces in the US.
Negotiated a favorable settlement for the online charity platform, which faced allegations by the California Attorney General that it had violated state law by conducting an illegal lottery—requiring payment for entry into drawings—as opposed to running a free sweepstakes.
Helped Pfizer resolve claims by more than 30 states and the District of Columbia that the company improperly marketed the drug Lyrica, and encouraged off-label prescriptions by doctors. O’Melveny also helped Pfizer negotiate a separate resolution with the federal government and state attorneys general’s Medicaid Fraud Control Units to resolve alleged False Claims Act liability related to the same conduct.
Represented a pharmaceutical company in high-stakes litigation brought by the New Mexico Attorney General related to marketing of a prescription medication. The O’Melveny team developed an effective settlement strategy that minimized the company’s exposure in New Mexico and other states where there are no statutes of limitation for Attorney General consumer protection claims.
Resolved an investigation by New York State Attorney General involving alleged employment law issues concerning tipping with no admission of liability.
Negotiated a complex, multiparty settlement over a period of months with the Federal Trade Commission, a multistate group of AGs from 44 states and the District of Columbia, and private class-action plaintiffs to resolve claims that the company deceptively advertised and marketed its popular rocker-bottom shoes.
Ranked by Chambers USA among the leading firms nationwide for Government Relations: State Attorneys General
O’Melveny “has a formidable state attorneys general practice catering to corporate clients. The firm has a strong track record handling investigations and litigation brought by state attorneys general, including multistate mandates.”
O’Melveny “is recognized for its proven track record in high-profile state attorneys general investigations and litigation.”
—The Legal 500 US
“O’Melveny brings strong and deep teams to our matters. Junior members of the team are conversant and sufficiently capable of being thought leaders in addition to the partners and counsel. The group is very responsive and delivers good results, even under difficult time pressure.”
“Excellent work is done by everyone from senior partners to the associates. They are responsive and able to deconstruct highly complex issues in an efficient manner, without compromising quality.”
“The team is excellent, from top to bottom. They respond quickly and make themselves available, passing along helpful news and developments.”
“It is a great team for its knowledge, skill set and customer service.”