State Attorneys General Investigations
State attorneys general have broad authority and discretion to investigate and prosecute a wide range of conduct including healthcare and securities fraud, antitrust violations, violations of privacy and data protection, environmental, and consumer protection laws. Facing an inquiry or litigation from a state attorney general can pose significant legal, reputational, and financial risks for any business, regardless of industry or size.
The Haynes Boone State Attorneys General Investigations practice group has extensive experience representing clients under investigation by attorney general offices across the country and in defending our clients in litigation with state regulators. We have successfully resolved complex and high stakes matters involving multiple states, state and federal agencies, and private plaintiffs, as well as individual state actions. We have also helped our clients avoid or minimize enforcement actions by proactively engaging with state attorneys general and demonstrating compliance with applicable laws and regulations.
Our team includes former state and federal prosecutors and career defense lawyers who bring a deep understanding of the priorities, perspectives, and practices of state attorneys general and their staff. We leverage our relationships and reputation with state attorneys general offices to effectively advocate for our clients and achieve favorable outcomes. We also work closely with our clients to develop and implement strategies to prevent, prepare for, and respond to state attorney general inquiries and litigation, and to manage the potential impact on their business operations, public relations, and regulatory compliance.
Whether you are facing a single-state or multi-state investigation or litigation or seeking to enhance your compliance and risk management programs, we can provide the guidance, representation, and advocacy you need to protect your interests and achieve your objectives.
- Favorably resolved an investigation by the Consumer Protection Division of the Texas Attorney General’s Office regarding a client's alleged misrepresentations to consumers.
- Representing technology company responding to a Civil Investigative Demand from the Texas Attorney General Office’s Privacy Team regarding its collection, use, and sale of information.
- Representing large healthcare company in ongoing investigation by the Texas Attorney General’s office regarding fraud and kickback allegations.
- Serve as counsel for grant distribution organization primarily funded by the CEO of a multinational technology company in Deceptive Trade Practices Act (DTPA) investigation opened by the Texas Attorney General regarding alleged fraud against client's donors.
- Defending operator of various online travel agencies (“OTAs”) that received a Civil Investigative Demand from the Office of the Attorney General of Texas in investigation involving refund policies and practices for airline tickets purchased from the OTAs that were subsequently cancelled by the airline because of the COVID-19 pandemic, and whether those policies and practices violated the Texas Deceptive Trade Practices - Consumer Protection Act (“DTPA”).
- Representing an asbestos trust fund in responding to a Civil Investigative Demand issued by the State of Texas Office of Attorney General.
- We continue to represent the landowner of property that was used as an oilfield recycling site. The operators allegedly violated numerous water codes, natural resources and other environmental laws, and are not financially viable. The site has been the subject of investigations by the Attorney General of the State of Texas. Our team, alongside the lawyers for the other defendants, successfully argued for the dismissal of the private claims of multiple adjacent landowners who claimed that oilfield and other wastes moved off-site and impacted their properties.
- Secured a significant victory for our client, a company that offers a website and mobile app where users can review local businesses, in a case against the Texas Attorney General, securing dismissal of a lawsuit centered on client’s notification to users about the services offered by crisis pregnancy centers nationwide. The court dismissed the lawsuit in its entirety due to a lack of jurisdiction.
- Represented manufacturer of dietary supplement products in investigation by the Texas Attorney General into its products and marketing practices, including for potential violations of the Texas Deceptive Trade Practices - Consumer Protection Act, as well as in parallel litigation the manufacturer filed that sought declaratory relief and to enjoin the AG from allegedly violating the manufacturer's constitutional rights be impeding sales of its products.
- Represented mining company and its CEO in an investigation and litigated enforcement action by the Colorado Division of Securities and the Colorado Attorney General's Office and ultimately negotiated complex and favorable settlement.
- Represented Psychiatric Institutes of America in actions by the U.S. Department of Justice's Criminal and Civil Divisions, the U.S. Attorney’s Office (N.D. Texas), multiple state Attorneys General, and numerous related actions by insurance companies and others into allegations of fraud involving the hospitalization of patients.
* All cases vary and none are predictive