Practice

State Attorney General Investigations

Skilled guidance and firsthand expertise

State attorneys general are front line business regulators with a nationwide reach. They have the resources and the authority to dramatically change how a company conducts business. Our lawyers have the experience and insight to help you navigate the considerable challenges of an AG investigation or enforcement action.

Foley Hoag offers your business an exceptional team. Our lawyers once prosecuted state enforcement actions. They know firsthand how the AG and her line assistants approach investigations. Our legal team includes a former Massachusetts Attorney General, a former chief deputy attorney general, a former first assistant attorney general, a former deputy attorney general, a former chief of the business and labor bureau, a former deputy chief of the criminal bureau, and four partners who served as assistant United States attorneys.

We’ll work closely with you to develop and implement winning strategies to achieve your objective and successfully resolve the investigations. If litigation is necessary, our attorneys have a record of substantial courtroom success. Whatever the path, we will fight to protect the reputation of your business and neutralize any adverse public relations implications arising from the AG action.

Experience

FALSE CLAIMS ACT MATTERS
  • We obtained a favorable settlement for an international interparty broker of financial transactions in an enforcement action by the Massachusetts Attorney General alleging bid rigging and False Claims Act violations.
  • We successfully persuaded the Massachusetts Attorney General to terminate her investigation of and decline to join a multi-state litigation against a national for-profit university alleging false claims violations.
  • Our attorneys won a favorable settlement for a national third-party administrator of workers comp claims of allegations by the Massachusetts Attorney General of false claims violations.
  • Our counsel resulted in a favorable settlement for a major pharmacy of a two-year investigation by the Massachusetts Attorney General alleging Medicaid Fraud and false claims violations.

DATA BREACH MATTERS
  • We successfully resolved a 42-state Attorney General investigation of a national retailer that alleged unfair and deceptive acts or practices for failing to prevent the digital theft of hundreds of thousands of credit cards.
  • Our firm successfully advised a drug testing laboratory, and interfaced with multiple state Attorneys General, to avoid any enforcement action in connection with breach of health data and related criminal law issues when an Illinois-based subcontractor was found in possession of patient names, Social Security numbers and credit cards. 

CONSUMER PROTECTION/UNFAIR AND DECEPTIVE PRACTICES/FALSE ADVERTISING
  • We won the dismissal of claims for alleged unfair and deceptive acts or practices arising from subprime mortgage loans brought by the Massachusetts Attorney General against a national financial services firm.
  • We successfully persuaded the Massachusetts Attorney General to terminate her investigation against a major medical device company alleging unfair and deceptive acts or practices in connection with selection by physicians of the company’s device for surgical procedures.
  • We successfully resolved an investigation by the Massachusetts Attorney General and State Division of Insurance of a national health insurer alleging unfair and deceptive marketing and sales practices.
  • We won a favorable resolution of allegations by the Massachusetts Attorney General of deceptive advertising against a national dental services organization.
  • We obtained a favorable resolution of allegations by the Massachusetts Attorney General of unfair and deceptive sales and marketing practices against an international retail supplier of electricity.

WAGE AND HOUR MATTERS
  • We successfully represented an employer in lengthy criminal and civil investigations by the Attorney General’s office and other regulatory agencies involving wage-hour, tax and prevailing wage claims.
  • Our firm obtained a favorable resolution of an investigation by the Massachusetts Attorney General of a waste hauler alleging wage and hour violations.
  • We successfully persuaded the Massachusetts Attorney General to terminate an investigation of a retailer alleging denial of required meal breaks and time off of work. 

PUBLIC CHARITIES
  • Our attorneys successfully resolved the Massachusetts Attorney General investigation of a major non-profit health care company for alleged excessive executive compensation.
  • We represented seven major universities in a two-year study by the Massachusetts Attorney General of compensation practices of public charities.
  • We persuaded the Massachusetts Attorney General to amend terms of a conversion of charitable assets agreement to allow a large hospital system to close a failing community hospital.