Ann-Marie Luciano

Member

Washington, D.C.

(202) 471-3420

(202) 861-1905

Recent Publication:

Demand for Information-Sharing Platforms Has Soared, Raising Privacy Concerns With Regulators [Alert]

Lori Kalani and Ann-Marie Luciano discuss privacy and data security issues state AGs are investigating and what technology companies can do to prevent these issues.

Ann-Marie brings her unique and varied litigation, investigation, and policy background to bear in successfully counseling clients facing litigation and government investigations brought by state attorneys general (AGs), the Federal Trade Commission (FTC), and the U.S. Department of Justice (DOJ), as well as in negotiating resolutions on cybersecurity, data privacy, antitrust, and consumer protection matters. Additionally, based on her years of experience negotiating with state and federal regulators, Ann-Marie regularly counsels clients on best practices in data security, privacy, marketing and advertising claims, and consumer practices to minimize regulatory risk.

Ann-Marie’s clients range from startups, to technology-driven disruptors, to Fortune 100 companies in a variety of industries including technology, consumer products, pharmaceuticals, energy, retail, hospitality, and software.

With an in-depth knowledge of state AGs’ priorities built over many years in practice, Ann-Marie is often engaged by clients to work with AGs strategically to resolve investigations quickly and without litigation. She advises clients preemptively on how to avoid becoming the target of investigations — and should an investigation be launched, she is able to use her insight into state AG priorities, goals, and areas of flexibility to help achieve expeditious (and ideally non-public) resolutions. Ann-Marie’s familiarity with state AGs and their staff also allows her to advocate effectively for clients in their dealings with state departments of revenue, commerce departments, and other state agencies. Ann-Marie also represents clients facing FTC regulatory scrutiny, often in coordinated investigations with AGs, into issues involving the evaluation and substantiation of advertising, health, safety, and scientific claims, and other consumer practices.  

In addition, Ann-Marie has substantial experience in the area of complex antitrust and financial services investigations and litigation, representing both plaintiffs and defendants in Section 1 and Section 2 matters. She has successfully represented plaintiffs asserting monopolization and exclusive dealing claims and has been involved in defending numerous antitrust cases related to the credit card industry. She also advises clients on the antitrust, state AG, and regulatory issues associated with potential acquisitions. She advises companies through all stages of the Hart-Scott-Rodino premerger notification process.

Ann-Marie has defended corporations and individuals in a variety of matters, including would-be presidential assassin John Hinckley, whom she represented in federal court for more than a decade in requests for conditional release into the community.  She has successfully defended a large government contractor in an E.D.V.A. action, resulting in the plaintiffs withdrawing their damages expert before trial after the submission of her Daubert motion and subsequently entering into a favorable settlement.  She also represented corporate employees of a large accounting firm in connection with a grand jury investigation related to a tax shelter scandal, and defended a major pharmaceutical company in an investigation into an Anti-Kickback Statute and health care fraud scheme.

Ann-Marie has performed a substantial amount of pro bono litigation work relating to constitutional, habeas corpus and death penalty issues, including successfully drafting an amicus brief on behalf of The Innocence Project, Inc. in Holmes v. South Carolina (2006), as well as an amicus brief on behalf of habeas scholars in Day v. McDonough (2006).

She is an active member of the American Bar Association and is a founding member of the State Attorneys General and Department of Justice Issues Committee of the ABA.

Experience

News

Recent AG and FTC Enforcement Actions Provide Guidance on Data Security Best Practices

January 08, 2020

Ann-Marie Luciano and Jawaria Gilani published an article in the January 8 edition of CyberSecurity Law Report setting out practical steps companies can take to reduce the likelihood of a data breach.

Cozen O’Connor Launches New State Attorneys General Practice with Addition of Nationally Acclaimed State AG Practice

May 05, 2015

On the heels of its recent announcement of the addition of 60 lawyers in Chicago, Cozen O’Connor is proud to announce the addition of ten attorneys and government professionals and the formation of the firm’s State Attorneys General Practice.

Publications

Demand for Information-Sharing Platforms Has Soared, Raising Privacy Concerns With Regulators [Alert]

April 22, 2020

Lori Kalani and Ann-Marie Luciano discuss privacy and data security issues state AGs are investigating and what technology companies can do to prevent these issues.

Recent AG and FTC Enforcement Actions Provide Guidance on Data Security Best Practices [Infographic]

February 10, 2020

More and more companies are experiencing crippling data breaches. We analyzed recent state Attorney General and FTC enforcement actions to identify eight data security best practices that companies can adopt to mitigate the likelihood of a breach which can be found in this infographic.

State Attorney Activism and Enforcement Trends

February 03, 2020

Ann-Marie Luciano, Chris Allen, and Bryan Mosca published an article in Bloomberg Law on February 3, 2020, sharing their observations on trends in state Attorney General activity in 2019, and the enforcement priorities they expect to see AGs focus on in 2020.

State Attorneys General Antitrust Enforcement: Trends and Insights

August 26, 2019

Milton Marquis, Ann-Marie Luciano & Keturah Taylor published an article highlighting the growing role of State Attorneys General utilizing their antitrust authority on a national scale through multistate action and co-enforcement activity with their federal counterparts.

INSIGHT: State AGs Targeted Opioids in 2018, Wider Trends Predicted for 2019 [Bloomberg Law]

February 20, 2019

Ann-Marie Luciano and Jawaria Gilani discuss the State Attorneys General actions relating to opioids in 2018 and predict enforcement trends for 2019.

2018 State AG Round-Up & Trends for 2019 [The State AG Report Blog]

January 24, 2019

In 2018, the Cozen O'Connor State Attorneys General Practice reported on a variety of significant investigations and enforcement actions conducted by state attorneys general (“AGs”) through the course of the year. Here, we provide a round-up of the noteworthy AG actions from 2018 and predict trends...

State AGs and SCOTUS: Term Preview [The State AG Report Blog]

October 04, 2018

State Attorneys General (“AGs”) continue to be active as both litigants and amici in cases before the U.S. Supreme Court. This term there are several cases with significant State AG amici involvement that implicate important state issues. The following is a preview of these major cases for which...

FTC and DOJ Issue Guidance on Application of Antitrust Law to Employee Hiring and Compensation [Labor & Employment Alert]

October 25, 2016

The FTC and the DOJ jointly released Antitrust Guidance for Human Resources Professionals, advising that, going forward, the DOJ intends to criminally investigate companies who agree with competitor(s) to fix wages or other terms of employment or enter into so-called “no-poaching” agreements by agreeing not to recruit each other’s employees.

Businesses Have the Mic at the NAAG Consumer Protection Seminar [The State AG Report Blog]

May 24, 2016

Consumer protection staff from State Attorney General offices around the country are in Washington, D.C., this week to attend the National Association of Attorneys General (NAAG) 2016 Spring Consumer Protection Seminar. This twice-a-year seminar provides government officials and staff an opportunity...

The State AG Report Weekly Update December 10, 2015 [The State AG Report Blog]

December 10, 2015

Antitrust Pennsylvania and District of Columbia Attorneys General and the FTC Challenge Merger of Two Office Supply Companies Pennsylvania AG Kathleen Kane, District of Columbia AG Karl Racine, and the Federal Trade Commission (“FTC”) have sought a preliminary injunction and temporary restraining...

The State AG Report Weekly Update October 22, 2015 [The State AG Report Blog]

October 22, 2015

Consumer Protection 16 Attorneys General Urge CMS to Prohibit Binding Arbitration Clauses in Long-Term Care Facility Contracts 16 AGs, led by Maryland AG Brian Frosh, submitted a comment letter to the Centers for Medicare and Medicaid Services (“CMS”) to express their opposition to pre-dispute...

The State AG Report Weekly Update October 8, 2015 [The State AG Report Blog]

October 08, 2015

Consumer Financial Protection Bureau CFPB Considers Rulemaking to Limit Use of Arbitration Clauses for Financial Products The Consumer Financial Protection Bureau (“CFPB”) announced it is considering proposing rules that would ban consumer financial companies from using arbitration clauses to...

The State AG Report Weekly Update September 3, 2015 [The State AG Report Blog]

September 03, 2015

Charities New York Attorney General Settles with Charity Trustees for Allegedly Misusing Funds New York AG Eric Schneiderman reached a settlement with the former trustees of Homeland Foundation, Inc., a general charitable organization that maintains and operates a museum and gardens for the...

Health-Conscious Food Label Claims: The “Natural” Frontier for State AGs? [The State AG Report Blog]

July 23, 2015

Consumer interest in eating healthy has grown.  Organic food sales have risen rapidly over the last decade, jumping from just over $10 billion in sales in 2004 to $32 billion in 2014.  This boom in sales has led to some of the nation’s biggest food companies acquiring small organic food companies...

The State AG Report Weekly Update July 2, 2015 [The State AG Report Blog]

July 02, 2015

Antitrust Second Circuit Upholds Ruling Against Apple for E-Book Price Fixing Conspiracy The U.S. Court of Appeals for the Second Circuit upheld a District Court ruling, finding that Apple orchestrated a conspiracy among book publishers to fix prices for e-books. A lawsuit was brought by 33...

Recent Developments in State Attorneys General Enforcement [The Urban Lawyer]

June 10, 2015

Bernard Nash, Ann-Marie Luciano and Bryan Mosca discuss new investigatory and policy activity among state attorneys general.

The State AG Report Weekly Update May 28, 2015 [The State AG Report Blog]

May 28, 2015

Consumer Protection 22 Attorneys General Settle With Social Networking Site and Online Florist for Allegedly Engaging in Unfair and Deceptive Practices. 22 Attorneys General, led by Kansas AG Derek Schmidt and Maryland AG Brian Frosh, reached a settlement with social networking site Classmates,...

Shining the Light on State AGs and the Solar Industry [The State AG Report Blog]

May 06, 2015

In a trend that shows no signs of abating, a growing group of State Attorneys General are setting their sights and investigation resources on the solar industry. Often relying on their state unfair and deceptive trade practices acts, these State AGs primarily have pursued the sellers and...

2017 Guide to State Attorneys General [Map]

May 05, 2015

The guide includes information on attorney generals in all 50 states, the District of Columbia, Commonwealth, and Territories of the United States, including a photos, year first elected or appointed, political party affiliation, leadership positions and brief background summaries.

Education

  • Cornell Law School, J.D., 2001
  • Allegheny College, B.A., magna cum laude, 1998
  • District of Columbia
  • New York
  • U.S. District Court -- Western District of New York
  • U.S. District Court -- Southern District of New York
  • U.S. District Court -- Northern District of New York
  • U.S. District Court -- District of Columbia
  • U.S. Supreme Court