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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……
Who's the Boss?  When State Governors and Attorneys General Clash
Blog June 06, 2017
State governors and attorneys general typically find themselves on the same side of the law.  Nonetheless, an overwhelming majority of states directly elect their attorneys general. This framework creates a natural opportunity for conflicts to erupt, particularly when officials act to protect what they perceive to be equally legitimate interests. One such drama is playing out in Rhode Island.  On May 18, 2014…
With CFPB's Future in Doubt, State AGs Prepare to Fight
Blog February 03, 2017
In the first of what are becoming regular clashes between Democratic state attorneys general and the new President, the attorneys general of Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Mississippi, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia sought to intervene in federal court proceedings to defend the constitutionality of the Consumer Financial Protection Act (“CFPA”), which created the……
State Attorneys General Send Requests for Information on Retailers' Use of On-Call Shifts
Blog April 22, 2016
In a continued effort to end the practice of using “on-call shifts,” several state attorneys general, including Massachusetts Attorney General Maura Healey and New York Attorney General Eric Schneiderman, sent letters last week to 15 national retailers requesting information about their use of “on-call shifts” to staff their businesses. As we reported last June, AG Schneiderman sent letters seeking similar information about the use of “on-call shifts” to 14 major retailers last year…

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.