State Attorneys General Litigation & Investigations
State Attorneys General have become increasingly aggressive regulators across the United States. Whether bringing litigation in state courts or collaborating with other states on large-scale multistate investigations, the country’s AGs have taken aim at private sector conduct like never before. This is a time of tremendous growth in the role of state attorneys general—and of new challenges for many businesses. State AGs are now among the most feared regulators and businesses must plan accordingly.
O’Melveny’s State Attorneys General Practice provides guidance and insight to those navigating the national landscape of increased enforcement and expanded attorney general authority. Our multidisciplinary team, which includes veteran litigators and former senior state attorney general officials, regularly works with attorneys general and their staffs to find favorable outcomes for clients, whether facing litigation, inquiries, or investigations, in one state or many.
- In recommending O’Melveny for product liability, mass tort, and class actions, Legal 500 highlights the firm’s “extensive trial experience,” which includes “serving as lead or co-lead national counsel in MDLs, as well as litigation brought by federal agencies and state attorneys general.”
- Trial teams often include embedded appellate counsel, ensuring that critical legal issues are identified and preserved for appeal. In the last decade, the firm has obtained almost US$2 billion in appellate reversals for firm clients.
- Chambers USA notes: “As a firm they are able to represent clients in very complex criminal and regularly enforcement proceedings—they have a vast array of knowledge and experience, and very good practical judgment.”
- Lawyers parlay prior government experience at the state and federal level, including serving in senior positions at the California Attorney General’s Office and Department of Justice, to provide clients with an in-depth understanding of government decision-making processes and help facilitate coordination and collaboration with the relevant agencies in connection with the client’s litigation.
- Practice group members participate in organizations such as 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).
- Team advises management and in-house counsel coherently, and with a consistent voice, on multiple fronts associated with high-exposure cases (e.g., regulatory investigations, legislative issues, claims in multiple jurisdictions, as well as media and public relations).
O’Melveny’s wide-ranging AG experience includes matters covering the following areas of law:
- Consumer Protections
- False Advertising
- Medicaid Fraud/False Claims Act
- Product Liability
- Financial Services
Our team brings an in-depth understanding of the particular issues affecting various industry segments, including:
- Drugs and Medical Devices
- Food & Beverage
- Colleges & Universities
- Consumer & Retail Products
- Entertainment & Media
- Financial Services
- Health Care
Case Study: Johnson & JohnsonIn what The New York Times calls “one of the most complicated and gargantuan legal battles in American history,” O’Melveny is lead litigation counsel for Johnson & Johnson and subsidiary Janssen Pharmaceuticals as the companies confront thousands of claims seeking to hold them liable for the country’s opioid-abuse epidemic. Read
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Alerts and Publications
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“As a firm they are able to represent clients in very complex criminal and regularly enforcement proceedings—they have a vast array of knowledge and experience, and very good practical judgment.”