While the activities of state attorneys general often receive less attention than those of federal agencies, companies ignore the ongoing evolution of AGs’ enforcement efforts at their peril. It is old news that AGs possess a wide variety of powers and have a long history of using them in areas from antitrust to the environment and everything in between. But recent developments make clear the efforts of AGs to wield even greater enforcement power than ever before—in conjunction with federal agencies, through multistate partnerships with fellow AGs and on their own through new enforcement powers granted to states under various federal laws.
Fortunately, there are several steps in-house counsel can take to avoid becoming embroiled in AG litigation (and, failing that, to navigate rough legal seas as best as possible). Above all, minimizing exposure to AG-related legal risk begins with developing and implementing a process for keeping up to date on developments and trends among AGs.
