State Attorneys General
State Attorneys General
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.

  • 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.

  • Representing a technology company in a multistate investigation led by Vermont, Florida and Texas concerning consumer protection and billing concerns.  Investigation pending.

  • Representing a technology company in a multistate investigation led by Texas, New York and Illinois (but which comprises all 50 states) concerning advertising practices.  Investigation pending.

  • Representing a technology company in an investigation by the Wisconsin Department of Agriculture and Consumer Protection concerning billing disclosure practices.  Investigation pending.

  • Representing a travel company in a multistate investigation concerning advertising practices.  Investigation pending.

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

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

  • 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.

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

  • 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 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.

  • 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 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.

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

  • 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.

  • 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 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 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.

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

  • Represented a sub-prime lender in litigation filed by the FTC, six state attorneys general, AARP and related consumer class actions.

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

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

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

 
 

Overview

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.

Experience

  • 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.

  • Representing a technology company in a multistate investigation led by Vermont, Florida and Texas concerning consumer protection and billing concerns.  Investigation pending.

  • Representing a technology company in a multistate investigation led by Texas, New York and Illinois (but which comprises all 50 states) concerning advertising practices.  Investigation pending.

  • Representing a technology company in an investigation by the Wisconsin Department of Agriculture and Consumer Protection concerning billing disclosure practices.  Investigation pending.

  • Representing a travel company in a multistate investigation concerning advertising practices.  Investigation pending.

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

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

  • 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.

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

  • 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 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.

  • 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 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.

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

  • 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.

  • 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 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 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.

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

  • Represented a sub-prime lender in litigation filed by the FTC, six state attorneys general, AARP and related consumer class actions.

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

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

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

Partner
Email (202) 342-8633(202) 342-8633
Christie Grymes Thompson chairs the firm’s Advertising and Marketing and Consumer Product Safety practice groups.  Named the 2016 Washington, D.C. advertising “Lawyer of the Year&...
Partner
Email (202) 342-8603(202) 342-8603
Alysa Hutnik delivers comprehensive expertise in all areas of privacy, data security and advertising law.  Her experience ranges from counseling to defending clients in FTC and state attorney...
Partner
Email (212) 808-5145(212) 808-5145
Jeff Jacobson defends consumer, privacy and securities class actions, and represents media, technology and other companies in general commercial litigation. With nearly two decades in private pract...
Partner
Email (202) 342-8811(202) 342-8811
Bill MacLeod chairs the firm’s Antitrust and Competition practice group.  The Immediate Past Chair of the Antitrust Section of the American Bar Association, Bill is a former bureau...
Partner
Email (202) 342-8821(202) 342-8821
Lew Rose serves as managing partner of Kelley Drye, and is a member of the firm’s Executive Committee. Lew also served as managing partner of the Washington, D.C. office and past chair ...
Partner
Email (202) 342-8588(202) 342-8588
Dana Rosenfeld chairs the firm’s Privacy and Information Security practice.  A former assistant director of the Federal Trade Commission (FTC) Bureau of Consumer Protection and attorney...
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 resp...
Partner
Email (202) 342-8805(202) 342-8805
Kristi Wolff’s practice focuses on food, drugs, dietary supplements, medical devices, personal care and consumer health products, as well as wearable technology and health privacy issues.&nb...
Of Counsel
Email (202) 342-8646 (202) 342-8646
Jodie Bernstein is of counsel in the firm’s Washington, D.C. office. She is widely respected among consumer groups, industry organizations and the private bar as one the country’s leadi...
Special Counsel
Email (202) 342-8537(202) 342-8537
Katie Bond provides regulatory counseling and litigation support in matters involving a variety of consumer products, including dietary supplements, foods, OTC drug products, cosmetics and sports e...
Special Counsel
Email (202) 342-8429(202) 342-8429
Chris Loeffler has a transactional and regulatory practice focused on advertising, privacy, data security, licensing, sponsorships, e-commerce and other consumer protection issues.  He helps c...
Senior Associate
Email (202) 342-8466(202) 342-8466
Spencer Elg is an attorney in the firm’s Washington, D.C., office. A former litigation attorney for the Federal Trade Commission, Mr. Elg focuses his practice on helping clients navigate con...
Senior Associate
Email (973) 503-5917(973) 503-5917
Glenn Graham focuses on all aspects of civil litigation.  His experience includes commercial litigation and contract disputes, consumer class action defense, and law enforcement investigations...
Senior Associate
Email (202) 342-8455(202) 342-8455
Katie Rogers advises on general advertising and consumer protection matters, with an emphasis on food marketing and environmental marketing issues.  She reviews product labeling and advertisin...
Senior Associate
Email (202) 342-8592(202) 342-8592
Sherrie Schiavetti is a Certified Information Privacy Professional for the United States (CIPP/US) by the International Association of Privacy Professionals (IAPP).  Her practice includes liti...
Senior Associate
Email (310) 712-6467 (310) 712-6467
Crystal Skelton is an associate in the firm’s Los Angeles office. Her practice includes representing a wide array of clients – from tech startups to established companies – in pr...
Associate
Email (202) 342-8645(202) 342-8645
Donnelly McDowell is an associate in the firm’s Washington, D.C. office. Donnelly’s practice focuses on advertising and marketing, food and drug law, consumer financial protection matt...
Associate
Email (202) 342-8557(202) 342-8557
Katie Townley is an associate in the firm’s Washington, D.C. office. Her practice focuses on advertising and marketing, privacy and information security, product safety, and other consumer p...

Publications

December 2016 | Articles
American Bar Association’s What’s In Store
2016 | Articles
Food and Drug Law Journal - Volume 71 Number 2
August 2016 | Articles
Concussion Litigation Reporter