State Attorney General Enforcement, Investigations and Litigation

• Representing Equity Residential in the ongoing defense of a multidistrict litigation (MDL) and a parallel State Attorneys General action alleging nationwide price fixing through algorithmic revenue management software, involving novel issues of artificial intelligence, information exchange and Section 1 conspiracy standards.
• Representing a corporate client against price-fixing and market allocation claims in the generic pharmaceutical industry, one of the largest MDLs brought by private-class and non-class plaintiffs, as well as dozens of State Attorneys General.
• Represented a healthcare client in a State Attorneys General investigation relating to alleged labor market and no-poach violations; persuaded the State Attorneys General to close the investigation.
• Represented corporate and individual subjects in non-public State Attorneys General investigations relating to alleged price fixing, bid-rigging, labor market violations and information-sharing violations, among others.
• Won an unprecedented trial verdict as lead trial counsel in a case of first impression defended by the California Attorney General. The court invalidated a California regulation, finding it unconstitutionally impaired contracts with the world’s leading diesel engine manufacturers and amounted to an illegal recall.
• Won summary judgment against the State of New Hampshire for a handheld outdoor power tool manufacturer in declaratory judgment matter regarding the state’s new dealer laws. Summary judgment upheld on appeal to the New Hampshire Supreme Court.
• In a matter of first impression, defended claims asserted by the former Virginia Attorney General seeking to impose the Lanham Act and state false advertising liability on a political fundraising speech.
• Represented major consumer products companies in State Attorneys General and local district attorney investigations into alleged slack fill in packaging. Closed with no action or favorably settled.
• Handled a Florida criminal antitrust investigation by the Florida Attorney General’s Office of chemical manufacturers and distributors for possible price fixing and bid rigging. No prosecutions were brought.
• Represented a national retail chain in a State Attorneys General investigation into exclusions and disclosures with coupons and other sales. Closed with no action.
• Handled a criminal antitrust investigation by the Ohio Attorney General’s Office of chemical manufacturers and distributors for possible price fixing and bid rigging. No prosecutions were brought against the client.
• Represented a wholesale travel company in an investigation by the Florida Attorney General into potential price-fixing arrangements related to amusement park tickets. Resolved with no action taken against the client.
• Represented tobacco company clients in a series of actions to compel 46 states to arbitrate a dispute concerning applicability of a $1.2 billion adjustment to payments of participating manufacturers under the Tobacco Master Settlement Agreement. Continuing to represent these same clients in ensuing multi-year arbitration with 46 states over disputed payments of participating manufacturers under the MSA.
• Defended a major sports association in several State Attorneys General investigations. Closed with no enforcement.
• Represented a not-for-profit charitable organization and negotiated a favorable Assurance of Discontinuance with the Charities Bureau of the New York State Attorney General’s Office following its investigation of the organization’s operations.
• Represented an officer of a publicly traded corporation in a Martin Act investigation conducted by the New York Attorney General’s Office concerning insider trading issues.
• Represented an e-commerce company investigated by the New York Attorney General.
• Represented a financial institution during an auction-rate, securities-related investigation brought by the New York State Attorney General.
• Represented a healthcare organization under investigation by the Ohio Attorney General for alleged anti-competitive behavior.
• Represented an individual in a New York State Attorney General’s investigation of mortgage underwriting practices.
• Defended against an investigation by the Connecticut Attorney General’s Office of pricing and exclusionary activity in the building materials industry.
• Defended against a monopolization case brought by the West Virginia Attorney General’s Office involving a large building materials / construction company, alleging merging to monopoly and division of markets.
• Represent clients in post-breach investigations from State Attorneys General (including multistate task force) and other state and federal regulators arising from large and small data security incidents.
• Represented energy and health care companies in response to civil investigative demands by the Texas Attorney General in relation to consumer protection claims.
• Led the breach response, regulatory defense and class action defense of a massive credit card breach on behalf of a large, privately held retailer, including an initial investigation of a criminal attack, six putative class actions, a single plaintiff lawsuit and inquiries from State Attorneys General and the Federal Trade Commission, convincing the regulator not only to close the investigation against the client but to establish the client as a victim in the breach.
• Defended against a State Attorneys General/Medicaid Fraud Control Unit Investigation of a national pharmacy company involving allegations of an improper automated prescription refill program of HIV medications.
• Represented an individual in connection with investigations regarding a group of 500 business entities owned by a single individual by the New York District Attorney and New York Attorney General’s Office.
• Representation of a senior executive of a hedge fund in connection with a joint investigation by the Securities and Exchange Commission and New York Attorney General’s Office into the practice of late trading and market-timing of mutual funds.
• Defending a national mail order compounding pharmacy in response to a diversion investigation by the Massachusetts Attorney General involving consumer protection allegations.
• Defended a market-leading consumer products company in an enforcement action brought by the California Attorney General, Los Angeles District Attorney and Los Angeles County Counsel, alleging false and misleading advertising, public nuisance and unfair competition.
• Defended a rideshare company in an enforcement action brought by the California Attorney General and the San Francisco, Los Angeles and San Diego City Attorneys, alleging the company has misclassified workers as independent contractors.

Public Sector Experience

• Lead trial counsel as the Georgia Special Assistant Attorney General in license revocation proceeding against one of the state’s largest Master Licensee’s and distributors of coin-operated amusement machines. Revoked a license worth an estimated $70 million per year.
• Lead counsel as the Special Assistant Attorney General in advising and representing a Georgia-based institution of higher learning in connection with a highly publicized data breach of more than one million records.
• Led a securities litigation team, which negotiated settlements in excess of $2 billion, and initiated shareholder claims against companies involved in the 2008 financial crisis. Cases include: In re AIG Sec. Litig. ($1.01 billion settlement); In re Marsh & McClennan Sec. Litig. ($400 million settlement); and In re Bank of Am. Sec. Litig. (case initiated; $2.45 billion settlement in a subsequent administration).
• Oversaw an investigation relating to allegations of criminal contempt and improper suppression of evidence arising under a prior state administration.
• Co-lead counsel appointed by the Ohio Attorney General to assist state-affiliated universities in implementing the Health Insurance Portability and Accountability Act of 1996 and its privacy and security regulations.
• Represented Colorado in a complex joint state-federal antitrust litigation challenging Google’s conduct relating to search and search advertising. Colorado, et al. v. Google.
• Represented three of five members of the Ohio Apportionment Board, including the Governor, State Auditor and President of the Ohio Senate, as outside counsel for the Ohio Attorney General’s office in defending constitutional attacks to newly drawn Ohio House and Senate districts following the 2010 census, filed as a direct action in the Ohio Supreme Court under Article XI of the Ohio Constitution. Obtained a ruling from the Ohio Supreme Court upholding the adopted apportionment plan. Wilson v. Kasich, 2012-Ohio-5367
• Served as the first Director of the Mayor of Washington, D.C.’s Office of Legal Counsel, providing legal advice to Mayor Muriel Bowser and her cabinet on issues ranging from law enforcement and education to energy and economic development, while also overseeing the legal work of the District of Columbia agency counsel.
• Lead counsel for the State of Georgia in numerous civil Medicaid fraud prosecutions under the Georgia False Medicaid Claims Act, including leading participation in National Association of Medicaid Fraud Control Units (NAMFCU) and coordination with state and federal investigative agencies.
• In the Georgia Supreme Court, represented a Fulton County Superior Court judge in the successful defense of the trial court’s dismissal of a petition to issue the extraordinary writ of mandamus.