Kelley Drye & Warren LLP

State Attorneys General

Overview
Experience
People
Honors

Kelley Drye attorneys help companies navigate the complexity of individual state and multistate regulatory investigations, enforcement actions and litigation brought by state attorneys general in consumer protection and privacy matters.

We represent Fortune 500 companies and global brands that manufacture and sell products across a range of industries, including consumer packaged goods, apparel, food and dietary supplements, telecommunications, mobile and technology, and financial institutions.

Drawing on the strength of our nationally recognized advertising and litigation practices, we work to get public and nonpublic cases closed without enforcement action or consent orders, negotiate settlement agreements and, if appropriate, assist in litigating matters. Our attorneys are highly experienced in counseling clients and helping steer through the myriad of nuanced state-specific statutes and rules, divergent interests and different timelines among attorneys general.

We closely track and anticipate developments coming out of each state’s AG office that may affect our clients. Our attorneys and government relations advisors maintain strong relationships with attorneys at every level in the offices of state attorneys general across the United States. This far-reaching experience affords our clients a unique regulatory perspective. When clients are targets of attorneys general, or look to state attorneys general to stop improper actions of competitors, we leverage our extensive knowledge and relationships to help meet their objectives.

Representing a generic pharmaceutical company in the multidistrict antitrust litigation, In re Generic Pharmaceuticals Pricing Antitrust Litigation. This MDL includes actions brought by private class action plaintiffs and state Attorneys General, including Illinois.

Representing energy company in investigation by California District Attorneys related to sales and marketing practices. Investigation ongoing.

Representing national retailer in inquiry from the Florida Attorney General related to sales and marketing practices. Inquiry ongoing.

Represented a Fortune 50 computer and technology company in litigation initiated by the Attorney General of the State of New York (Andrew Cuomo) alleging that the company violated Sections 349 and 350 of NY’s General Business Law and Section 63(12) of NY’s Executive Law in connection with the company’s financing promotions, service contract and warranty offers, and rebate fulfillment. Negotiated a settlement providing for injunctive relief and restitution on terms that were previously agreed to with the remaining 49 state attorneys general.

Represented Fortune 50 computer and technology company and its financial services arm in obtaining settlement with attorneys general of 49 states, resolving allegations related to clients’ financing promotions, service contract and warranty offers, and rebate fulfillment. Case settled by payment of $4,075,000 for consumer redress, costs, penalties and disgorgement (averaging less than $85,000 per state) and implementation of injunctive relief.

Represented a Fortune 100 telecommunications company in a lawsuit brought by the Minnesota Attorney General in Minnesota state court asserting claims under Minnesota’s consumer fraud act and deceptive trade practices act.

On behalf of a large Internet company, settled allegations regarding violations of state Uniform and Deceptive Trade Practices Act claims related to cancellation, reactivation, telephone billing and disclosure of terms of service with 48 state attorneys general, with the Texas Attorney General’s office acting as the lead for the multistate group throughout the investigation and settlement. Also settled similar allegations with the Attorneys General of Florida and New York.

Represented a major discount retail company with respect to an inquiry from the New York City Department of Consumer Affairs into the company’s handling of a merchandising promotion. Following our explanation of the advertising practices leading up to and following the launch of the campaign, the NYC DCA abandoned the investigation.

Represented a national marketer of satellite television services in litigation filed by the Department of Justice on behalf of the FTC and the states of North Carolina, Illinois, Ohio and California seeking civil penalties for violations of the FTC’s Telemarketing Sales Rule by allegedly calling telephone numbers listed on the Do Not Call Registry.

Represented a technology company in a multistate investigation concerning alleged unauthorized charges and third-party liability responsibility for same. Multistate led by Texas, Florida and Vermont (but which included all states). Simultaneous investigations by two federal agencies. Obtained favorable global settlement for the client.

Advised and defended client in an investigation started by Texas and California Attorneys General in pricing of drugs sold under the Medicaid program.

Defended a manufacturer of pesticides in the first effort by the FTC and eight states to obtain a preliminary injunction in a substantiation case.

Provided advice concerning AG investigation regarding trash bag advertising claims being possibly inconsistent with the Revised Green Guides.

Provided compliance advice in connection with FTC and state Attorney General Order to a manufacturer of immune support dietary supplements.

Represented a national marketer of discount buying clubs in litigation brought by the FTC and 47 state attorneys general.

Represented a solar company in an investigation by New York Attorney General regarding affiliate marketing questions. Obtained informal closing of investigation.

Represented client in connection with CID from the Attorney General’s Office for the State of Alaska.

Represented international footwear maker in investigation by the New York Attorney General’s Office into labor practices at their retail stores.

Represented lead generator company in investigation by North Dakota Attorney General Office concerning calling and related marketing practices. Obtained informal closing of investigation.

Represented leading academic research company in separate privacy investigations by the FTC and 42 state attorneys general, and negotiated FTC consent order and state Assurance of Voluntary Compliance.

Settled allegations brought by the Office of the Attorney General of New Jersey regarding unfair and deceptive practices related to prepaid telephone companies. Settled a similar case with the state of Florida.

Represented a major discount retail company with respect to an inquiry from the New York City Department of Consumer Affairs into the company’s handling of a merchandising promotion. Following our explanation of the advertising practices leading up to and following the launch of the campaign, the NYC DCA abandoned the investigation.

Represented a major satellite communications provider in a case brought in the United States District Court for the Central District of Illinois by the Federal Trade Commission, Illinois and several other state attorneys general, alleging violations of the Telecommunications Sales Rule and the Telecommunications Consumer Protection Act.

Provided advice concerning Attorney General investigation regarding trash bag advertising claims being possibly inconsistent with the FTC’s Revised Green Guides.

Provided advice regarding Illinois Attorney General Investigation of renewable energy claims and compliance with FTC’s Green Guides.

Defended a manufacturer of pesticides in the first effort by the FTC and eight states to obtain a preliminary injunction in a substantiation case.

Represented communications company in investigation by the Wisconsin Department of Agriculture and Consumer Protection concerning billing disclosure practices. Obtained favorable settlement.

Represented company providing home services in investigation by the Pennsylvania Attorney General concerning billing and contract practices. Obtained favorable settlement.

Represented national retailer in investigation regarding price promotion advertising. Obtained settlement.

Represented second largest global money transfer business in 43-state investigation into compliance with consumer anti-fraud program. Case settled.

Overview

Experience

Representing a generic pharmaceutical company in the multidistrict antitrust litigation, In re Generic Pharmaceuticals Pricing Antitrust Litigation. This MDL includes actions brought by private class action plaintiffs and state Attorneys General, including Illinois.

Representing energy company in investigation by California District Attorneys related to sales and marketing practices. Investigation ongoing.

Representing national retailer in inquiry from the Florida Attorney General related to sales and marketing practices. Inquiry ongoing.

Represented a Fortune 50 computer and technology company in litigation initiated by the Attorney General of the State of New York (Andrew Cuomo) alleging that the company violated Sections 349 and 350 of NY’s General Business Law and Section 63(12) of NY’s Executive Law in connection with the company’s financing promotions, service contract and warranty offers, and rebate fulfillment. Negotiated a settlement providing for injunctive relief and restitution on terms that were previously agreed to with the remaining 49 state attorneys general.

Represented Fortune 50 computer and technology company and its financial services arm in obtaining settlement with attorneys general of 49 states, resolving allegations related to clients’ financing promotions, service contract and warranty offers, and rebate fulfillment. Case settled by payment of $4,075,000 for consumer redress, costs, penalties and disgorgement (averaging less than $85,000 per state) and implementation of injunctive relief.

Represented a Fortune 100 telecommunications company in a lawsuit brought by the Minnesota Attorney General in Minnesota state court asserting claims under Minnesota’s consumer fraud act and deceptive trade practices act.

On behalf of a large Internet company, settled allegations regarding violations of state Uniform and Deceptive Trade Practices Act claims related to cancellation, reactivation, telephone billing and disclosure of terms of service with 48 state attorneys general, with the Texas Attorney General’s office acting as the lead for the multistate group throughout the investigation and settlement. Also settled similar allegations with the Attorneys General of Florida and New York.

Represented a major discount retail company with respect to an inquiry from the New York City Department of Consumer Affairs into the company’s handling of a merchandising promotion. Following our explanation of the advertising practices leading up to and following the launch of the campaign, the NYC DCA abandoned the investigation.

Represented a national marketer of satellite television services in litigation filed by the Department of Justice on behalf of the FTC and the states of North Carolina, Illinois, Ohio and California seeking civil penalties for violations of the FTC’s Telemarketing Sales Rule by allegedly calling telephone numbers listed on the Do Not Call Registry.

Represented a technology company in a multistate investigation concerning alleged unauthorized charges and third-party liability responsibility for same. Multistate led by Texas, Florida and Vermont (but which included all states). Simultaneous investigations by two federal agencies. Obtained favorable global settlement for the client.

Advised and defended client in an investigation started by Texas and California Attorneys General in pricing of drugs sold under the Medicaid program.

Defended a manufacturer of pesticides in the first effort by the FTC and eight states to obtain a preliminary injunction in a substantiation case.

Provided advice concerning AG investigation regarding trash bag advertising claims being possibly inconsistent with the Revised Green Guides.

Provided compliance advice in connection with FTC and state Attorney General Order to a manufacturer of immune support dietary supplements.

Represented a national marketer of discount buying clubs in litigation brought by the FTC and 47 state attorneys general.

Represented a solar company in an investigation by New York Attorney General regarding affiliate marketing questions. Obtained informal closing of investigation.

Represented client in connection with CID from the Attorney General’s Office for the State of Alaska.

Represented international footwear maker in investigation by the New York Attorney General’s Office into labor practices at their retail stores.

Represented lead generator company in investigation by North Dakota Attorney General Office concerning calling and related marketing practices. Obtained informal closing of investigation.

Represented leading academic research company in separate privacy investigations by the FTC and 42 state attorneys general, and negotiated FTC consent order and state Assurance of Voluntary Compliance.

Settled allegations brought by the Office of the Attorney General of New Jersey regarding unfair and deceptive practices related to prepaid telephone companies. Settled a similar case with the state of Florida.

Represented a major discount retail company with respect to an inquiry from the New York City Department of Consumer Affairs into the company’s handling of a merchandising promotion. Following our explanation of the advertising practices leading up to and following the launch of the campaign, the NYC DCA abandoned the investigation.

Represented a major satellite communications provider in a case brought in the United States District Court for the Central District of Illinois by the Federal Trade Commission, Illinois and several other state attorneys general, alleging violations of the Telecommunications Sales Rule and the Telecommunications Consumer Protection Act.

Provided advice concerning Attorney General investigation regarding trash bag advertising claims being possibly inconsistent with the FTC’s Revised Green Guides.

Provided advice regarding Illinois Attorney General Investigation of renewable energy claims and compliance with FTC’s Green Guides.

Defended a manufacturer of pesticides in the first effort by the FTC and eight states to obtain a preliminary injunction in a substantiation case.

Represented communications company in investigation by the Wisconsin Department of Agriculture and Consumer Protection concerning billing disclosure practices. Obtained favorable settlement.

Represented company providing home services in investigation by the Pennsylvania Attorney General concerning billing and contract practices. Obtained favorable settlement.

Represented national retailer in investigation regarding price promotion advertising. Obtained settlement.

Represented second largest global money transfer business in 43-state investigation into compliance with consumer anti-fraud program. Case settled.

People

Honors

CHRISTIE GRYMES THOMPSON

Partner

Email (202) 342-8633(202) 342-8633

Christie Grymes Thompson chairs the firm’s Advertising and Marketing and Consumer Product Safety practice groups. She focuses her practice on consumer protection matters, including adve...

View Profile

JOHN E. VILLAFRANCO

Partner

Email (202) 342-8423(202) 342-8423

A member of the firm’s Executive Committee, John Villafranco provides litigation and counseling services, with a focus on advertising law matters and consumer protection. John is highly respe...

View Profile

ALYSA Z. HUTNIK

Partner

Email (202) 342-8603(202) 342-8603

Alysa Hutnik chairs the firm’s Privacy and Information Security practice and delivers comprehensive expertise in all areas of privacy, data security and advertising law. Her experience ...

View Profile

WILLIAM C. MacLEOD

Partner

Email (202) 342-8811(202) 342-8811

Bill MacLeod chairs the firm’s Antitrust and Competition and co-chairs the Consumer Financial Protection practice groups. A past chair of the Antitrust Section of the American Bar Assoc...

View Profile

DANA B. ROSENFELD

Partner

Email (202) 342-8588(202) 342-8588

Dana Rosenfeld serves as managing partner of Kelley Drye, and is a member of the firm’s Executive Committee and past chair of the firm’s Privacy and Information Security practice. ...

View Profile

KRISTI L. WOLFF

Partner

Email (202) 342-8805(202) 342-8805

Kristi Wolff is chair of the firm’s Cannabis Law practice. Kristi focuses her practice on food, drugs, dietary supplements, medical devices, personal care and consumer health products, ...

View Profile

GLENN T. GRAHAM

Special Counsel

Email (973) 503-5917(973) 503-5917

Glenn Graham focuses on all aspects of civil litigation. His experience includes consumer class action defense, commercial litigation and contract disputes, and law enforcement investigations...

View Profile

DONNELLY L. McDOWELL

Special Counsel

Email (202) 342-8645(202) 342-8645

Donnelly McDowell is special counsel in the firm’s Washington, D.C. office. Donnelly’s practice focuses on all aspects of advertising and consumer protection law with specialized concen...

View Profile

KATHERINE (KATIE) ROGERS

Senior Associate

Email (202) 342-8455(202) 342-8455

Katie Rogers advises clients on all aspects of advertising, privacy and promoting their brands across a variety of media. She helps clients ensure that their ads and labeling comply with regu...

View Profile

January 21, 2014

Kelley Drye's Advertising and Marketing Group Named Law360 Practice of the Year