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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.

Top 3 State AG Trends to Watch in 2020
Blog January 14, 2020
Out of all governmental agencies, state attorneys general are likely to have the greatest impact on privacy enforcement in 2020 for the average business.  Over the past few years, state AGs have taken an increasingly active role in privacy and data security matters, using their broad consumer protection authority to enforce rapidly evolving state laws and investigate data security lapses.  Even more recently, state AGs have begun to step out of their typical enforcement roles to pursue……
Partner Colin Zick Discusses Why Law Firms Are Building State Privacy Practices as Enforcement Heats Up with Bloomberg Law
Blog March 01, 2019
Partner Colin Zick speaks to Bloomberg Law about how big law firms are expanding their state-focused practices to help clients deal with heavy state fines for alleged privacy violations. Companies are turning to state-centric practices “because they see the threats from individual state enforcers,” Zick said. They want expertise from former officials, like former Massachusetts Attorney General Martha Coakley, who know the proper approach to limit enforcement risks…
Cybersecurity 2018 – The Year In Preview: State Enforcement Trends
Blog December 05, 2017
As state Attorneys General continue to flex their muscles in response to serious data security lapses nationwide, patchwork enforcement continues.  Strategies employed by state Attorneys General in response to nationwide data breaches are as diverse as the profusion of data security threats alarming consumers on a daily basis.  The recent Equifax data breach offers a prime example.  The disparate reactions of Massachusetts, California, Texas and New York reflect the various tools at the……
Cybersecurity 2018 – The Year in Preview: HIPAA Compliance
Blog October 18, 2017
Like many things in Washington, the HIPAA landscape in 2018 will be shaped by the shifting priorities of President Trump's new administration.  Early signs point to less funding for the Office of Civil Rights (“OCR”) within the Department of Health and Human Services, which is responsible for enforcing HIPAA.  This is likely to lead to fewer enforcement actions, but not necessarily less aggressive enforcement within those actions…
The Massachusetts Attorney General's Complaint Against Equifax
Blog September 25, 2017
As most are aware, the Massachusetts Attorney General has won the race to the courthouse and been the first regulator to file suit against Equifax. The 28 page complaint is summed up on paragraph 4:Consumers do not choose to give their private information to Equifax, and they do not have any reasonable manner of preventing Equifax from collecting, processing, using, or disclosing it. Equifax largely controls how…
CyberOhio Initiative – An Update from the Ohio AGO
Blog April 26, 2017
We recently posted on the Ohio Attorney General's CyberOhio initiative and forecasted that the Ohio Attorney General might be the first of many Attorneys General to join forces with industry in the struggle to protect consumer information.  Ohio Deputy General Counsel Craig Rapp, Director of CyberOhio, contacted our blog not only to agree with our prediction, but also to shed more light on what is transpiring in his state…
Friend or Foe?  State Attorneys General Start to Change Their Tune on Industry  Cybersecurity
Blog February 22, 2017
Should businesses be thought of as victims or bad actors when it comes to data breaches?  State attorneys general are embracing the idea that businesses are not necessarily adversaries in the struggle to protect sensitive consumer information.  Over the past several years state attorneys general have exerted efforts to both educate businesses as to their data privacy responsibilities, and collaborate with businesses in constructing more robust cybersecurity policies.  The spotlight now is……
The Future of Data Privacy Regulation in Massachusetts?  AG's Office Foreshadows State Action on Consumer Data in First-of-its Kind Conference
Blog March 25, 2016
What is the future of data privacy regulation in Massachusetts? On March 24, 2016, the Massachusetts Attorney General's Office gave us a glimpse. In collaboration with Harvard's Berkman Center for Internet and Society, and MIT's Internet Policy Research Initiative and Computer Science and Artificial Intelligence Laboratory, the AG's Office convened a “Forum on Data Privacy.”  In this first-of-its-kind conference…
New Credit Card Security Doesn't Go Far Enough
Blog September 29, 2015
Co-written by Jon Hurst This entry originally ran as an op-ed in the September 25, 2015 edition of The Boston Globe. Hardly a week goes by without a news report of a new cyberattack. As any consumer affected by fraud knows, the harm is real. The  impact on businesses, government, and other targets is also real, and includes monetary harm and reputational damage that can devastate those so reliant on the trust of their customers…
COPPA, Meet DOPPA  AG Action Leads to New Child-Protection Data Privacy Laws
Blog September 17, 2015
Delaware Attorney General Matt Denn is serious about online privacy, and aims to make Delaware “the safest state in America for kids to use the internet.” This August, Delaware Governor Jack Markell signed into law four online privacy bills drafted by the Attorney General, the most substantial of which is the Delaware Online Privacy and Protection Act. DOPPA goes further than its federal cousin…
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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.