AGs’ Expanding Focus Due to COVID-19 | New Antitrust Guidelines | AG Sues Timeshare Exit Companies
This week's update includes the following, and more:
- New Challenges for Attorneys General as They Respond to COVID-19
- Utah Attorney General Fends Off Challenger in Republican Primary
- Arkansas Attorney General Enters 2022 Arkansas Governor’s Race
View the weekly update.
With the nation’s preeminent state attorneys general (AG) practice, Cozen O’Connor provides clients unmatched counsel and boutique-quality personal service in AG-related legal and policy matters across the country. Our attorneys represent clients in AG investigations and litigation (including multistates and federal co-enforcement actions) and counsel clients based upon decades of experience working with AGs across the country.
Cozen O’Connor’s state attorneys general practice is one of the largest in the United States. Members of our practice are widely recognized for establishing this area of legal representation and have worked closely with AG offices and clients for more than 30 years. Our attorneys continue to work at the forefront of emerging state attorneys general issues. Drawing from their deep experience, our attorneys help clients:
Establish and maintain dialogue with AGs
Educate AGs on national and state policy issues
Anticipate and craft creative solutions to potential issues before they impact the client
Minimize exposure to and liability from litigation
Defend vigorously when investigations are unavoidable or litigation is necessary
We provide solutions to businesses on matters brought by state attorneys general across the country, including defending our clients against litigation, qui tam actions, and investigations (including multistate and federal co-enforcement actions) of business practices relating to antitrust, consumer protection, data privacy, and the environment.
Complex Litigation Resolution and Avoidance
We create customized strategies to help our clients avoid becoming targets of costly AG investigations and litigation, and to extricate them from such challenges should they materialize.
Consumer Protection and Antitrust Investigations and Litigation
Whether involving a single state attorney general or multiple attorneys general — we vigorously defend the interests of our clients who face consumer protection and antitrust investigations and litigation. We have successfully resolved investigations involving all 50 state AGs.
State False Claims Acts
Qui tam actions are on the rise as more states adopt false claims acts. Any company doing business with a state has a potential risk. We have experience representing clients in both Medicaid and non-Medicaid false claims act actions. AGs are the gatekeepers that determine whether the state intervenes in an action or not. We have implemented successful strategies that advocate against the state intervening in qui tam actions.
Consumer Financial Protection Bureau
The Consumer Financial Protection Bureau (CFPB) has made partnering with AGs a top priority. We have significant experience assisting financial services firms with issues before the CFPB and AGs. Our attorneys actively engage with the CFPB and AGs on finance-related issues.
Data Privacy and Information Security
AGs have stepped up enforcement of data protection and privacy laws that range from regulating information collection practices targeted to minors to notice requirements for payment card data losses and other breaches. We advise Fortune 500 companies in the credit card, telecommunications, pharmaceutical, retail and other industries on data privacy, data breaches and information security matters before state AGs.
State AGs can have a significant impact on the outcome of litigation as amici. We have secured AG amicus support in the U.S. Supreme Court in many landmark cases.
July 09, 2020
Cozen in the News
New Challenges for Attorneys General as They Respond to COVID-19
Christopher Allen, a Member of Cozen O’Connor’s State Attorneys General Practice, penned an Alert analyzing the novel ways in which AGs are wielding their legal, political, and policy-making authority in...
June 30, 2020
Christopher J. Allen discusses state AGs wielding their legal, political, and policy-making authority and increasing enforcement to protect consumers, enhance data privacy and security, eliminate price-gouging, and combat false claims for payment to state authorities.
June 25, 2020
Planning a Trip During the Pandemic? Add Reliability of Travel Agency to Your Worry List
Massachusetts AG Maura Healey sued online travel agency BookIt Operating, LLC, d/b/a BookIt.com, and its CEO (collectively “BookIt”) for allegedly knowingly collecting money from consumers for...
June 18, 2020
Attorneys General Express Concern Over Contact Tracing Apps
The National Association of Attorneys General (“NAAG”) sent a letter signed by a bipartisan group of 39 AGs to Apple, Inc. and Google, LLC, seeking assurances that all COVID-19-related contact tracing and exposure...
June 11, 2020
New York Strengthens Protections Against Price Gouging
New York Governor Andrew Cuomo signed 8189 and A.10270 into law, which strengthen New York state’s ability to combat price gouging on essential goods and services, including products and equipment critically needed during the...
June 04, 2020
Attorneys General Continue to Address Alleged COVID-19-Related Fraud and Abuse
Florida AG Ashley Moody reached a settlement with Sunshine Community Rx d/b/a PrecisionMed Pharmacy (“PrecisionMed”) to resolve allegations that it marketed and sold COVID-19 test kits by falsely promoting...
May 28, 2020
Cozen in the News
Cozen O’Connor Adds Privacy, Technology, and Class Action Litigation Depth
Cozen O’Connor added two significant attorney groups in recent weeks whose niche practices are highly complementary to the work of Cozen’s State Attorneys General Practice.
Nine attorneys joined the...
May 21, 2020
FTC Flags for COVID-19-Related Fraud and Abuse
The Federal Trade Commission (“FTC”) and the Small Business Administration (“SBA”) sent joint letters to marketing company ITMedia Solutions, LLC (“ITMedia”) and its client Lendio, Inc. warning them that they may be misleading small...
May 15, 2020
Danielle Sapega discusses the Pennsylvania attorney general's investigation into nursing homes, the Department of Health's guidance for nursing homes, and the governor's executive order granting immunity to health care workers.
May 14, 2020
Who’s Watching Gramma? Pennsylvania Attorney General Investigates Nursing Homes for Criminal Neglect
Pennsylvania AG Josh Shapiro is investigating ”several” unidentified nursing homes in the state over COVID-19-related allegations of neglect of a care-dependent person, a criminal...
May 07, 2020
Attorneys General Address Pandemic-Related Price Gouging
District of Columbia AG Karl Racine sued convenience store Helen Mart, LLC for allegedly selling bleach at a 200% markup, compared to prices charged by other retailers, in violation of the District’s Natural Disaster Consumer...
April 30, 2020
Attorneys General and FTC Continue to Protect the Public from COVID-19-Related Fraud
Florida AG Ashley Moody sued advertising company Traffic Jam Events, LLC and its owner for allegedly mailing deceptive used car advertisements disguised as COVID-19 stimulus checks in violation of...
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.
March 12, 2020
Christopher Allen discusses how Attorneys General (“AGs”) are manning the front line in keeping consumers from becoming victims of scams, abuse, or fraud using the powers they have wielded for decades across a wide range of industries to combat deceptive and misleading claims and unfair business practices.
March 12, 2020
Trevor McGuinness discusses ways to avoid email scammers and hackers who may use the coronavirus as a way of accessing computers and personal information.
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.
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.
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.
April 09, 2019
Kristina Howard wrote about the upcoming 2019 State Attorney General elections that will take place in Kentucky, Louisiana, and Mississippi.
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.
December 12, 2018
Kristina Howard, a policy adviser for Cozen O'Connor's State Attorneys General practice group, wrote about the new incoming class of 2019 State Attorneys General.
October 30, 2018
On this podcast, Cozen O'Connor Public Strategies Managing Partner Howard Schweitzer and Former Virginia Attorney General and member of the Cozen O’Connor State AG group Jerry Kilgore join Blake Rutherford to discuss the highlights of key incumbent and open seat races in the 31 State AG elections in 2018.
October 17, 2018
An article authored by JB Kelly and Bryan Mosca has been published in the most recent quarterly issue of Today’s General Counsel.
September 11, 2018
After 31 AG primary elections, of which four incumbents were contested, and three Republican AG runoff primaries, the AG primary season will officially conclude on September 13 in New York.
June 01, 2018
Bryan Mosca, a member of Cozen O'Connor's State Attorneys General practice and Mark Quist, a law clerk of the firm's State Attorneys General practice, wrote about the implications of the gaming industry with legalized sports gambling in New Jersey.
August 31, 2016
Lori Kalani and Chris Allen discuss the implications of the Oregon State AG's lawsuit against GNC for the dietary supplements industry.
January 06, 2016
Lori Kalani and Maria Colsey Heard discuss AG investigations in, "Be Prepared When a State Attorney General Calls."
June 10, 2015
Bernard Nash, Ann-Marie Luciano and Bryan Mosca discuss new investigatory and policy activity among state attorneys general.
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.
May 14, 2020
Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 63 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2020 edition.
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.
December 23, 2019
Lori Kalani, co-chair of Cozen O’Connor’s State Attorneys General practice was quoted in a Bloomberg Law article discussing the cascading effect likely to result from the enactment of California’s new privacy laws and other actions by state attorneys general to hold companies accountable for collection and use of consumer data.
December 06, 2019
On December 6, Bryan Mosca, a member of the State Attorneys General Practice, participated in a panel together with labor industry experts from Harvard Law, Chicago-Kent College of Law, and the Arise Worker Center at the Institute for Law and the Workplace Employment Law Conference in Chicago, IL.
November 06, 2019
Bernard Nash and Lori Kalani were quoted in Bloomberg Law, discussing the strain that antitrust probes of Alphabet, Inc.’s Google and of Facebook, Inc. may place on the budgets of state Attorneys General already handling resource-intensive investigations and suits relating to opioids and drug-price fixing.
October 21, 2019
Bernie Nash, co-chair of the firm’s State Attorneys General Practice, is quoted in a Wall Street Journal article describing the upcoming courtroom showdown between Exxon Mobil Corp. and New York’s Attorney General over how the oil industry accounts for the impact of climate change.
July 11, 2019
Lori Kalani was quoted in The American Lawyer about attorneys general and state agencies taking action against litigation funders under state consumer protection laws.
June 03, 2019
Bernie Nash discussed with Corporate Counsel the legal causes that state attorneys general pushed during the month of May.
May 10, 2019
JB Kelly spoke with FTC Watch about the FTC’s April 24, 2019, settlement orders in cases against ClixSense and i-Dressup.
April 25, 2019
Chambers USA, the leading annual guide to the top lawyers and law firms in the USA, has ranked 57 Cozen O’Connor lawyers as leaders in their respective fields in the Guide’s 2019 edition.
February 08, 2019
Bernie Nash and Lori Kalani discussed with Corporate Counsel which sectors may see more aggressive scrutiny from state attorneys general in 2019, the kinds of actions corporations can expect to see, and how to be prepared.
September 21, 2018
Super Lawyers has named 17 Cozen O'Connor attorneys to its 2018 New York Super Lawyers and Rising Stars list. Twelve were recognized as Super Lawyers and five were named "Rising Stars."
August 22, 2018
One hundred twenty-six Cozen O’Connor lawyers from 20 of the firm’s national offices have been selected for inclusion in the 2018 edition of The Best Lawyers in America.
May 21, 2018
Cozen O’Connor is pleased to announce that Chambers USA has recognized 50 Cozen O’Connor attorneys for 2018 as leaders in their respective fields; 12 attorneys were recognized nationally and 14 were ranked in the top band either nationally or at the state level.
May 02, 2018
Bernard Nash and Lori Kalani, co-chairs of Cozen O’Connor’s State Attorneys General practice, were quoted in the Chicago Daily Law Bulletin regarding the trend of state AGs bringing lawsuits against the federal government, from the Reagan administration to the present.
February 22, 2018
JB Kelly, of Cozen O’Connor’s State AG group, was featured in the American Financial Services Association’s Newsbriefs highlighting his remarks at AFSA’s first Law & Compliance Symposium about how AGs develop their investigations against companies.
February 13, 2018
Thirty states plus the District of Columbia will hold elections for State AG this year, including at least ten open-seat races. AGs appointed by governors or legislatures may change in an additional five states in 2018.
January 03, 2018
The Virginia team will be headed by Jerry W. Kilgore, a member of Cozen O’Connor’s State AG practice and former Virginia State Attorney General. Cozen O’Connor’s State AG group is one of the largest and oldest state AG practices in the nation, with a focus on AG-facing investigations, litigation, outreach, and policy.
November 09, 2017
Bernie Nash, co-chair of Cozen O'Connor's State Attorneys General practice, was featured in Brooklyn Law School's alumni notes.
September 19, 2017
Lori Kalani, co-chair, and Jerry Kilgore, a member of Cozen O'Connor's State Attorneys General practice, joined Josh Long of Natural Product Insider for his podcast.
August 23, 2017
Lawyers were selected for inclusion in the 2018 edition based on a rigorous peer-review that has been developed and defined for more than 30 years.
June 29, 2017
Bernie Nash and Lori Kalani, both members of Cozen O'Connor's State Attorneys General practice, discuss how law firms can prepare for more State AG actions in Law360.
May 26, 2017
Chambers USA recognized 47 Cozen O’Connor lawyers as leaders in their respective fields; 14 attorneys were recognized nationally and 11 were ranked in the top band.
May 22, 2017
Cozen O’Connor’s State Attorneys General practice group has received the Burton Award’s first “Blog of the Year Award in Law.” The national awards program is held in association with the Library of Congress and co-sponsored by the American Bar Association.
April 25, 2017
Lori Kalani, co-chair of Cozen O’Connor’s State Attorneys General practice, recently had the opportunity to speak to Massachusetts Attorney General Maura Healey about her efforts in concert with other AGs challenging the Trump Administration in several key policy areas, as well as her other priorities and issues of focus as an attorney general.
April 03, 2017
The management committee is pleased to welcome a particularly qualified group to membership, composed of outstanding attorneys who have demonstrated remarkable professionalism, leadership, dedication, and loyalty to the firm and the legal community at large.
February 28, 2017
The expansion of Cozen O’Connor’s leading State Attorneys General practice with the addition Jerry Kilgore has been profiled by The National Journal.
February 27, 2017
Cozen O’Connor is pleased to announce that Jerry Kilgore has joined the firm’s State Attorneys General (AG) Practice as a member.
August 15, 2016
Sixty-two Cozen O’Connor lawyers from 13 of the firm’s national offices have been selected for inclusion in the 2017 edition of The Best Lawyers in America.
July 18, 2016
Cozen O’Connor’s State Attorneys General Practice represented Herbalife International, Inc. and Herbalife International of America, Inc. in separate settlements with the Federal Trade Commission (FTC) and the Illinois Attorney General’s Office.
May 27, 2016
Chambers USA recognized 41 Cozen O’Connor lawyers as leaders in their respective fields; 12 attorneys were recognized nationally and 11 were ranked in the top band.
January 22, 2016
Lori Kalani, a member of Cozen O'Connor's State Attorneys General practice, discusses last years investigation into the Nutritional Supplement Industry and their steps moving forward.
December 01, 2015
Riley previously served as chief deputy attorney general in the Kentucky Attorney General’s office and will be resident in Cozen O’Connor’s Washington, D.C., office.