State Attorneys General investigations and litigation

A&O Shearman has an established record of successfully defending clients in state attorneys general investigations and related litigation.

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Our team combines deep relationships with key political and law enforcement offices across the United States with extensive experience in managing both single-state and multistate matters.

State attorneys general and regulators are increasingly pursuing far-reaching investigations that seek both significant damages and injunctive relief that requires changes to business practices.

We frequently collaborate with local counsel, government affairs specialists and communications experts, to achieve resolutions that protect our clients’ interests and minimize business impact.

When a successful resolution is not possible, our team is trial-ready and trial-tested, including multiple fellows of the American College of Trial Lawyers and numerous former prosecutors.

We have vast trial experience, and we have obtained favorable results for our clients over the years in state courts across the country. Due to our track record, we often are retained to serve as national strategic counsel or to replace or supplement counsel prior to trial.

Our experience with State Attorney Generals investigations

  • Defending clients in state attorney general investigations involving consumer protection, fraud, antitrust, environmental violations, and public corruption.
  • Negotiating favorable resolutions that limit business impact.
  • Litigating contested matters in state courts when necessary to protect clients’ rights.
     

Representative matters

  • Asset managers and financial institutions in inquiries from state authorities in Kentucky, Oklahoma, Texas, and West Virginia regarding state fair access, anti-boycott, and pension divestment laws.
  • Major oil company in an antitrust investigation by a state AG’s office related to employment agreements.
  • Global financial institution in an 18-state AG investigation into environmental claims concerning Net Zero goals and decarbonisation.
  • Multinational chemical company in a product liability action involving alleged PFAS contamination, brought by the State of Maine and its AG.
  • Retail bank in an inquiry from the Massachusetts Securities Division regarding financial advisor registration.
  • Global asset manager in a 24-state inquiry related to proxy voting and stewardship.
  • Global financial institution in internal and external investigations by the DOJ, SEC, CNBV, and the Attorney General of Mexico concerning a USD400 million fraud.
  • Global financial institution in investigations by DOJ and New York Attorney General into credit default swap market.
  • Executive in investigations by the DOJ and New York Attorney General into alleged FIRREA violations.
  • Investment managers in civil and criminal investigations by the DOJ, SEC, and New York Attorney General into alleged “pay-for-play” practices involving state pension funds.

Meet our team

Our lawyers have the skills and experience to handle our clients' most complex challenges. Meet them below.