The Need to Engage State Attorneys General
Like all major businesses that deal with consumers, companies face the possibility of close scrutiny from state Attorneys General and other state regulatory authorities.
This is especially true today because state Attorneys General are increasingly working together in “multi-state” investigations involving selected “target” industries. These industries include bankruptcy, debt collection, pharmaceuticals, data security, and many others. In addition, state Attorneys General are being encouraged by federal authorities to enforce federal claims based on the regulatory schemes that will emerge from the newly-created Consumer Financial Protection Bureau (CFPB).
In this environment, it is more important than ever for businesses to be proactive. Increasingly, perceptive businesses are building bridges to state Attorneys General – and their staffs – before problems arise. It is likewise important to have in place, in advance, a team that can effectively and efficiently resolve any issues that may arise, before they become major headaches for the business. Troutman Sanders’ Attorney General Team are uniquely equipped to bring value to this highly-specialized area.
The Attorney General Team
At Troutman Sanders, our Attorney General practice is based on the principle that we must be “more than lobbyists and more than lawyers.” Having served in state Attorney General offices in a variety of capacities, our team members know that traditional lobbying efforts may serve a client well in dealing with legislative bodies, but they typically fall flat when addressing the largely legal decisions that state Attorneys General routinely make. Similarly, the “take-no-prisoners” approach of hard-nosed litigators may work well in other situations; however, such an approach can easily compound the problem – and increase the expense – when dealing with a state Attorney General investigation.
At Troutman Sanders, we can move seamlessly from negotiation to litigation, if and when requested. Our preference, however, is to resolve issues diplomatically – in short, to succeed as your “Department of State,” so there is no need to become the “Department of War.”
Our approach – which may best be described as “legal diplomacy” – is to combine a thorough knowledge of the law with an understanding of the policy and personality factors that can affect decision-making by state Attorneys General. To that end, we maintain regular contact with the state Attorneys General through our participation in key organizations, including the Republican Attorneys General Association (RAGA), Democratic Attorneys General Association (DAGA), Conference of Western Attorneys General (CWAG), and the National Association of Attorneys General (NAAG). These organizations are described in more detail below. In addition, an important factor in our success is that we build relationships with key staff in Attorney General offices; a task made easier by the fact that almost all of our team once served on Attorney General staffs and, thus, can more readily relate to – and build rapport with – the staff attorneys with whom we deal.
Our team is experienced. We include two former state Attorneys General, a former state Solicitor General, a former Deputy Attorney General as well as several former Assistant Attorneys General. Moreover, our team has extensive experience in the private sector, representing clients in matters involving state Attorneys General. The team is designed to be proactive and to anticipate issues before they result in regulatory disputes or actual litigation.
Our team is diverse. Some of us are Republicans, others are Democrats, and still others are Independent. We also are diverse in terms of background, personality, age, race, and gender. We believe that our diversity allows us to understand and relate well to a wider range of people in government – and thus achieve better results for our clients.
Our team is knowledgeable in the law. While we value our good relations with state Attorneys General, we also seek to distinguish ourselves by our legal accomplishments. Among our team are lawyers who have argued and won cases before the U.S. Supreme Court, and who have been repeatedly recognized as outstanding lawyers by a number of major attorney-rating publications.
Indeed, on several occasions, members of our team have been enlisted to represent state Attorneys General and/or their state agencies on particularly complex legal issues, and to work with them in preparing cases for presentation to the U.S. Supreme Court. We believe that being known as excellent lawyers is an invaluable asset whenever it comes time to resolve legal issues with state Attorneys General and other state regulators.
Our team has resources and depth. While our team members practice primarily out of our Washington, Richmond and Chicago offices, Troutman Sanders also has offices – and capable attorneys ready to lend a hand, if needed – in Georgia, North Carolina, New Jersey, New York, California and Oregon.
