State Attorneys General

We provide a nationwide platform for engaging state attorneys general through our U.S. offices, from California and Texas to New York and Washington, D.C. Our representations have involved clients from myriad industries, from technology, health care and charitable foundations to energy companies, financial institutions and major insurance providers. Our approach to these representations brings together the expertise, depth of knowledge and unique insight our team leads possess, with the skills and relevant, substantive experience of lawyers throughout the firm, all of whom work seamlessly with clients to assist them on state attorneys general matters.

Our Team

Our nationwide, dedicated state attorneys general practice is co-led by partners Mark Herring and Martine Cicconi. Mark served as Virginia Attorney General from 2014 to 2022 and in the Virginia Senate from 2006 to 2014. As attorney general, he and his team led large-scale investigations across various market sectors—including technology, financial services, consumer retail and life sciences—and he has been a critical member of many nationally prominent multistate investigations as well as a key contributor to Virginia’s nationally recognized privacy legislation. Mark worked closely with state attorneys general across the country on both sides of the aisle, played a prominent role in national attorney general organizations and is considered a national leader among the state attorneys general bar.

Martine rejoined the firm following her time as a Special Assistant to President Biden and Senior Counsel in the Office of the White House Counsel, where she focused on congressional investigations and related controversies. Prior to joining the White House Counsel’s Office, she served as the Deputy Solicitor General in the Virginia Attorney General’s office, working closely with Mark on a number of high-profile matters. Earlier in her career, Martine clerked for the late Justice Ruth Bader Ginsburg and then-Judge Merrick Garland.

Mark and Martine work alongside a deep and experienced team of investigations lawyers, litigators and other advisors in industries and practice areas that intersect with the work of state attorneys general, to help clients navigate all aspects of state attorneys general matters.

Investigations, Enforcement Actions and Litigation

Our lawyers frequently handle responses to attorneys general requests for information, whether informal or through compulsory process. We also help our clients prepare for and respond to issues that might arise from a state attorney general investigation. For example, we routinely conduct internal investigations of issues underlying state attorneys general investigations or enforcement actions.

In many instances, clients may find themselves facing state attorneys general investigations as they simultaneously respond to Congress or defend against civil litigation or an administrative action from regulators such as the Federal Trade Commission (FTC) or the Securities and Exchange Commission (SEC). Our lawyers have significant experience with these kinds of multifaceted, high stakes matters. In addition, we counsel clients in industries in which state attorneys general are active, providing guidance that enables clients to conduct their business successfully in a dynamic regulatory and enforcement environment.

Relationship Building

Our lawyers and advisors provide skilled guidance and strategic direction to engage state attorneys general outside the investigations and enforcement arena. In many instances, clients look to state attorneys general as potential allies in helping to stop improper actions of competitors, or as potential amici in appellate cases. We are able to leverage our extensive knowledge and relationships with nationwide political leaders to help our clients meet their objectives. 

We engage state attorneys generals and other state officials, as well as their staff to:

• Educate regarding client or sector issues.
• Offer factual and legal background that can help reduce the need for adverse legal actions.
• Counteract unlawful or improper actions by state agencies.
• Solicit support for legislative or judicial outcomes.

We work with our clients to cultivate constructive relationships with state attorneys general and their staff, and through participation in various national state attorney general organizations.

Experience

Examples of relevant experience include the representation of:

• Kodak and the Special Committee of Eastman Kodak Company’s board of directors in connection with investigations related to trading and stock options grants in advance of a public news announcement. The firm has been representing Eastman Kodak Company in all aspects of the various governmental inquiries and in public investigative proceedings initiated by the New York Attorney General (NYAG), as well as in pending shareholder class action matters.
• A national health insurer in a multitude of congressional and state attorney general investigations, including on opioid-related issues.
• A major independent living facility in a congressional investigation related to veterans’ benefits, as well as in a related state attorney general investigation and settlement.
• The Utah House of Representatives in a corruption investigation of the state’s attorney general.
• The chief financial officer of a publicly traded company in connection with insider trading and a false disclosure investigation by the NYAG’s office.
• A large publicly traded company in an investigation by the NYAG relating to high-frequency trading.
• A mutual fund in enforcement proceedings brought by all 50 states in conjunction with proceedings brought by the Financial Industry Regulatory Authority, Inc., which was coordinated by state attorneys general and administered by the insurance and/or securities commissions of each of the states.
• An investment fund regarding its options activities in an Oregon Attorney General investigation into its affiliate regarding lack of institutional controls and maintenance of trust funds.
• A health care company in a matter involving civil Racketeer Influenced and Corrupt Organizations (RICO) Act, conspiracy and antitrust claims in multiple parallel proceedings from federal investigators and a state attorney general.
• Companies in False Claims Act investigations and responding to criminal investigative demands before the Texas and Virginia attorneys general.
• A national retail company in a Texas Attorney General investigation.
• A large refiner of petroleum products in price manipulation investigations by state attorneys general from Texas, Florida, California, Missouri, Arizona and Kentucky, as well as the FTC.
• Food, dietary supplement and over-the-counter drug companies in cases brought against them by the California Attorney General’s Office.
• A national e-commerce business doing business in and looking to forge relationships and ensure compliance across multiple states.