Attorneys General & State Enforcement

Data Privacy & Cybersecurity

• Representing a health care client in negotiations and cooperation with the Department of Health and Human Services Office for Civil Rights (OCR) to ensure compliance with HIPAA and state regulations following a ransomware attack.
• Defending a health care client in investigations by the New York attorney general and New York Department of Financial Services arising out of a cybersecurity incident.
• Defended a health care technology client in investigations by the attorneys general of Pennsylvania, New York, North Carolina, Connecticut, and Oregon into a cyberattack on its systems.
• Defended a major retailer in privacy-related investigations by the attorneys general of California, Florida, Massachusetts, Pennsylvania, and Texas along with parallel multidistrict litigation.
• Defended a leading credit card processor in an investigation by a working group of 26 state attorneys general arising out of a data breach.

Consumer Protection

• Representing companies across various sectors—including retail, health care, online travel, mobile payments, and entertainment—in investigations involving deceptive trade practice and false advertising allegations conducted by individual and multistate groups of state attorneys general and the Federal Trade Commission.
• Defended a large online consumer software company in an FTC and state attorney general investigation into the allegedly unfair and deceptive sale and use of private customer data in advertising.
• Defended a major retailer in FTC and state AG investigations across the country into allegations that the company installed spyware on its leased computers and used it to take webcam photographs, log keystrokes, and take screenshots of computing activities.
• Representing a Southern California–based retail chain in an unfair business practices lawsuit by the California Attorney General’s Office. We defeated the government in an extensive injunction proceeding filed in conjunction with the lawsuit.
• Representing a national sales finance company in an investigation by the Tennessee attorney general into alleged unfair business practices. The attorney general alleges violations of the state unfair practices act and seeks to recharacterize revolving credit transactions as closed-end transactions, resulting in various alleged Truth in Lending Act violations.

Environmental

• Representing the country’s largest glass manufacturer in a dispute with California’s Department of Toxic Substances Control about alleged mismanagement of air pollution control device sludge. Negotiated a settlement through a consent decree and stipulated judgment with the California Attorney General’s Office.
• Negotiated a settlement agreement with CalRecycle for alleged violations of the Rigid Plastic Packaging Container Law, with no admissions and forgiveness of half the penalty sought, after demonstrating one year of compliance.
• Negotiated a significantly reduced penalty for alleged medical waste violations with the North Dakota Department of Environmental Quality.
• Representing a client in an investigation by the New York City Business Integrity Commission.

Antitrust

• Represented a leading poultry producer in separate investigations and litigations by four attorneys general into allegations of price-fixing.
• Lead antitrust counsel in investigations brought by the DOJ Antitrust Division and a state attorney general’s office into proposed plant acquisitions by a major dairy company. Closed the transaction without challenge or delay based on the rarely successful “failing firm defense.”
• Represented a leading pharmaceutical industry client in a multistate antitrust investigation into pharmaceutical drug distribution and pricing.
• Represented one of the largest foodservice distributors in the United States in its acquisition of a rival distributor. After responding to discovery, reached a favorable settlement with a state attorney general’s office, allowing the transaction to close on time.
• Represented a nonparty insurance company in deposition and document subpoenas in a challenge to a consummated health care merger filed by the Washington Attorney General’s Office in the Western District of Washington.
• Represented a nonparty industry participant in multiple deposition and document subpoenas in antitrust litigation brought by 39 state attorneys general and the U.S. Department of Justice in the Southern District of New York.

Health Care Fraud & State False Claims Acts

• Representing all types of health care providers and payors in numerous single- and multistate investigations by state attorneys general and state Medicaid fraud control units.
• For one of the largest health care companies in the United States, appealed audit determinations by state Medicaid agencies that the client had pharmacy overpayments.
• Advised one of the largest health care companies in the United States on issues related to state Medicaid program enrollment, coverage, documentation, and reimbursement issues, including addressing issues and interactions with prescribers that have been sanctioned, excluded, or terminated by state health care programs.
• Represented national health care providers in corporate practice of medicine and fee-splitting investigations and inquiries before professional licensing boards and other state enforcement agencies.

Hospitals & Health Systems

• Obtaining attorney general approval of corporate transactions, change of control efforts, and other matters on behalf of both for-profit and nonprofit hospital systems.

Public Corruption & Government Ethics

• Representing a key figure in the “Bridgegate” scandal in parallel investigations by the New Jersey Legislative Select Committee on Investigation and the U.S. Attorney’s Office for the District of New Jersey.
• Attorney service as chair of the Georgia Government Transparency and Campaign Finance Commission, now the State Ethics Commission, the entity that investigates and adjudicates campaign finance and corruption matters.

Insurance

• Managed a massive internal investigation for a top national insurance carrier in response to various state attorney general and Department of Insurance inquiries in the wake of high-profile claims brought by New York Attorney General Eliot Spitzer relating to producer compensation and alleged “bid rigging” activities.
• Representing health insurance entities in state investigations into the accuracy of provider directories and online physician ranking tools.
• Defending a major insurance company in investigations by the New York Department of Financial Services and state attorneys general into an industry-wide fraudulent scheme to steal consumer data from web applications.

White Collar & Securities

• Represented an investment bank and employees in a New York state attorney general investigation involving the sale and marketing of auction rate securities.
• Represented an investment bank and employees in a New York state attorney general investigation involving the sale and marketing of mortgage-backed securities.
• Representing a major food packaging company in a state financial incentives dispute before the North Carolina state attorney general and state governor’s office.
• Representing a national home appliance repair warranty provider in a confidential investigation by the Georgia attorney general into the company’s business practices. We are also advising the client in parallel state attorney general investigations in Tennessee, Iowa, Kansas, and Illinois.
• Represented a senior art expert in a New York state attorney general investigation and litigation into sales tax practices at auction houses.
• Represented a senior trader in a New York attorney general investigation of securitization practices at a global investment bank.