Practice Leader: Bernard Nash
With the nation’s preeminent State Attorneys General (AG) Practice, Dickstein Shapiro provides clients unmatched counsel and boutique-quality personal service in AG-related legal and policy matters through strong relationships built upon decades of experience with AGs across the country. First in the field Dickstein Shapiro’s State AG Practice is one of the largest in the United States. Our firm is widely recognized for establishing this specialized area of legal representation and has worked closely with AG offices and clients for more than 30 years. Our attorneys continue to work at the forefront of emerging State AG issues. Drawing from their deep experience, our attorneys help clients: • Establish and maintain strong relationships with AGs. • Educate AGs on national and state policy issues. • Anticipate and craft creative solutions to potential issues before they impact the client. • Minimize exposure to and liability from litigation. • Defend vigorously when investigations are unavoidable or litigation is necessary. We provide solutions for antitrust, complex litigation, consumer protection, qui tam, data privacy, environmental, federalism, and public nuisance issues, among others. Complex Litigation resolution and avoidance We create customized strategies to help our clients avoid becoming targets of costly AG investigations and litigation: • Developed and executed a strategy for DuPont in response to a bellwether AG lead paint public nuisance suit, which resulted in dismissal of claims. • Helped Duke Energy avoid AG lawsuits and obtain dismissals of dozens of class actions. • Resolved an investigation of RBS Securities by Nevada AG. • Resolved litigation by Minnesota AG against Accretive Health. Antitrust and merger clearance We assist clients in avoiding and resolving antitrust investigations and lawsuits and obtaining merger clearances: • Helped obtain state antitrust clearances of the SBC-AT&T, AT&T-BellSouth, and Pfizer-Pharmacia mergers, and TimeWarner Cable’s acquisition of Adelphia. • Devised AG strategy on drug importation for Pfizer, which avoided AG antitrust investigations and lawsuits; successfully defended private antitrust importation lawsuits. Consumer protection investigations and Litigation When litigation becomes inevitable— whether involving one State AG or as part of a multistate regulatory action—we vigorously defend our clients’ interests and work to reduce the business impact of such litigation: • Persuaded AGs not to sue Wyeth over its thimerosal-containing vaccines by debunking the alleged link between thimerosal and autism. • Resolved investigations by the Florida, Washington, and District of Columbia AGs regarding AT&T’s marketing of roadside assistance. • Resolved lawsuits filed against Barclays Bank Delaware by Hawaii and West Virginia AGs. • Resolved lawsuits and investigations against the largest national debt collection and debt buying companies by numerous AGs. State false claims acts We persuade AGs to decline to intervene in whistleblower false claims cases, which is critical to minimizing exposure: • Successfully represented companies in all phases of false claims act investigations and litigation. • Successfully resolved false claims act cases prior to AG intervention and costly litigation—effectively and quietly convincing AGs not to proceed or to settle without litigation. Consumer Financial Protection Bureau The CFPB has made partnering with AGs a top priority. We have significant experience assisting financial services firms with issues before the CFPB and AGs. Our attorneys actively engage with the CFPB and AGs on finance-related issues. Data privacy and information security AGs have stepped up enforcement of data protection and privacy laws that range from regulating information collection practices targeted to minors to notice requirements for payment card data losses and other breaches. We advise Fortune 500 companies, including AT&T, Pfizer, and others on data privacy, data breaches, and information security matters. Our attorneys actively engage with AGs on data privacy and protection issues. Amicus briefs State AGs can have a significant impact on the outcome of litigation as amici. We have secured AG amicus support in the U.S. Supreme Court in landmark litigation: • 16 and 9 AGs, respectively, filed amicus briefs supporting AT&T in the Twombly and Linkline antitrust litigations. • 40 AGs filed an amicus brief supporting the Recording Industry Association of America in the Grokster file-sharing litigation. • 6 AGs filed an amicus brief supporting AT&T in Concepcion, in which the U.S. Supreme Court upheld prohibiting class-wide arbitrations in consumer arbitration agreements. • 23 AGs filed an amicus brief in American Electric Power, in which the U.S. Supreme Court limited public nuisance climate change claims.
With the nation’s preeminent State Attorneys General (AG) Practice, Dickstein Shapiro provides clients unmatched counsel and boutique-quality personal service in AG-related legal and policy matters through strong relationships built upon decades of experience with AGs across the country.
First in the field
Dickstein Shapiro’s State AG Practice is one of the largest in the United States. Our firm is widely recognized for establishing this specialized area of legal representation and has worked closely with AG offices and clients for more than 30 years. Our attorneys continue to work at the forefront of emerging State AG issues. Drawing from their deep experience, our attorneys help clients:
• Establish and maintain strong relationships with AGs. • Educate AGs on national and state policy issues. • Anticipate and craft creative solutions to potential issues before they impact the client. • Minimize exposure to and liability from litigation. • Defend vigorously when investigations are unavoidable or litigation is necessary.
We provide solutions for antitrust, complex litigation, consumer protection, qui tam, data privacy, environmental, federalism, and public nuisance issues, among others.
Complex Litigation resolution and avoidance
We create customized strategies to help our clients avoid becoming targets of costly AG investigations and litigation:
• Developed and executed a strategy for DuPont in response to a bellwether AG lead paint public nuisance suit, which resulted in dismissal of claims. • Helped Duke Energy avoid AG lawsuits and obtain dismissals of dozens of class actions. • Resolved an investigation of RBS Securities by Nevada AG. • Resolved litigation by Minnesota AG against Accretive Health.
Antitrust and merger clearance
We assist clients in avoiding and resolving antitrust investigations and lawsuits and obtaining merger clearances:
• Helped obtain state antitrust clearances of the SBC-AT&T, AT&T-BellSouth, and Pfizer-Pharmacia mergers, and TimeWarner Cable’s acquisition of Adelphia. • Devised AG strategy on drug importation for Pfizer, which avoided AG antitrust investigations and lawsuits; successfully defended private antitrust importation lawsuits.
Consumer protection investigations and Litigation
When litigation becomes inevitable— whether involving one State AG or as part of a multistate regulatory action—we vigorously defend our clients’ interests and work to reduce the business impact of such litigation:
• Persuaded AGs not to sue Wyeth over its thimerosal-containing vaccines by debunking the alleged link between thimerosal and autism. • Resolved investigations by the Florida, Washington, and District of Columbia AGs regarding AT&T’s marketing of roadside assistance. • Resolved lawsuits filed against Barclays Bank Delaware by Hawaii and West Virginia AGs. • Resolved lawsuits and investigations against the largest national debt collection and debt buying companies by numerous AGs.
State false claims acts
We persuade AGs to decline to intervene in whistleblower false claims cases, which is critical to minimizing exposure:
• Successfully represented companies in all phases of false claims act investigations and litigation. • Successfully resolved false claims act cases prior to AG intervention and costly litigation—effectively and quietly convincing AGs not to proceed or to settle without litigation.
Consumer Financial Protection Bureau
The CFPB has made partnering with AGs a top priority. We have significant experience assisting financial services firms with issues before the CFPB and AGs. Our attorneys actively engage with the CFPB and AGs on finance-related issues.
Data privacy and information security
AGs have stepped up enforcement of data protection and privacy laws that range from regulating information collection practices targeted to minors to notice requirements for payment card data losses and other breaches. We advise Fortune 500 companies, including AT&T, Pfizer, and others on data privacy, data breaches, and information security matters. Our attorneys actively engage with AGs on data privacy and protection issues.
Amicus briefs
State AGs can have a significant impact on the outcome of litigation as amici. We have secured AG amicus support in the U.S. Supreme Court in landmark litigation:
• 16 and 9 AGs, respectively, filed amicus briefs supporting AT&T in the Twombly and Linkline antitrust litigations. • 40 AGs filed an amicus brief supporting the Recording Industry Association of America in the Grokster file-sharing litigation. • 6 AGs filed an amicus brief supporting AT&T in Concepcion, in which the U.S. Supreme Court upheld prohibiting class-wide arbitrations in consumer arbitration agreements. • 23 AGs filed an amicus brief in American Electric Power, in which the U.S. Supreme Court limited public nuisance climate change claims.