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State AG Insights

Foley Hoag’s State Attorney General Investigations lawyers offer their experience, insight and skill to help your business through the considerable challenges of an AG investigation or enforcement action.

Democratic State AGs Want Greater Power to Supervise Banking, Doubt Federal Efforts
Blog January 03, 2018
In the last week of December 2017, Democratic senators introduced the “Accountability for Wall Street Executives Act of 2017,” which would amend the National Banking Act to allow state AGs to request a wide variety of information from nationally-chartered banks.  As the Supreme Court explained in Cuomo v. Clearing House Ass'n, L.L.C., 557 U.S. 519 (2009), the National Banking Act distinguishes between “visitorial powers” – such as examination of a bank's accounts or inspection of its……
Exxon Faces Skepticism in New York as SJC Arguments Loom
Blog December 04, 2017
U.S. District Judge Valerie Caproni on Thursday, November 30, 2017 heard argument on Massachusetts Attorney General Maura Healey's and New York Attorney General Eric Schneiderman's motions to dismiss Exxon's federal court challenge to their ongoing climate investigations.  Law360 has reported that Exxon faced considerable skepticism, particularly of its arguments that the investigations impinged on Exxon's freedom to participate in the climate change debate: “You don't have the right to……
NY AG Subpoena Cut Back on Constitutional Grounds
Blog August 21, 2017
In a rare departure from the typically-deferential court treatment of AG investigations, a New York appeals court allowed in part a motion to quash a document subpoena from the New York Attorney General, citing constitutional concerns, in Matter of Evergreen Assn., Inc. v. Schneiderman, 54 N.Y.S.3d 135 (2017). The subpoena, issued in 2013, arose from investigations by the NY AG begun in 2010 of “crisis pregnancy centers.”  Evergreen…
Update: Six National Retailers Agree to Stop Using On-Call Shift Scheduling
Blog January 23, 2017
Attorneys general from eight states, including Massachusetts and New York, and the District of Columbia, announced in December that six major retailers—Aeropostale, Carter's, David's Tea, Disney, PacSun, and Zumiez—have agreed to stop scheduling employees for on-call shifts.  The retailers agreed to end the practice after receiving letters from the AGs last April that sought information about the companies' utilization of on-call shifts and expressed concern about the negative effects the……
Coming to a Theater Near You: State Attorney General Antitrust Investigations
Blog December 23, 2015
As holiday moviegoers shattered box office records this past weekend, both the Department of Justice and ten state attorneys general were in the midst of investigating why so many movie fans were headed to so few theater chains. Ohio AG Mike DeWine's office confirmed on Friday that he has been investigating the nation's three largest movie theater chains AMC, Cinemark, and Regal for possible antitrust violations…
Several National Retailers Receive Requests for Information from New York Attorney General On Practice of On-Call Shifts
Blog June 19, 2015
In what must have been a bad start to the day, more than 12 of the nation's retailers recently received requests for information from the New York Attorney General Eric Schneiderman inquiring into their use of “on-call shifts.” The AG's letter explains that “on-call shifts” require employees” to call in to work just a few hours in advance, or the night before, to determine whether the worker needs to appear for work that day or the next.” If the employee is not needed…

ABOUT

Foley Hoag’s State Attorney General Investigations lawyers have the experience, the insight and the skill to guide your business through the considerable challenges of an AG investigation or enforcement action.

Our team knows 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.

Foley Hoag will work closely with you to develop and implement winning strategies to achieve your objectives and successfully resolve the investigation. And if there is no reasonable alternative but to litigate, our lawyers, including American College of Trial Lawyers fellows, 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.