nine things you need to know about your attorney general ... · martha coakley emily nash 1....

Nine Things You Need To Know About Your

Attorney General and Other Regulators

Martha Coakley, Esq., Partner

Emily J. Nash, Esq., Associate

September 25, 2018

© 2015 Foley Hoag LLP. All Rights Reserved. 2© 2018 Foley Hoag LLP. All Rights Reserved. 2

Martha Coakley Emily Nash

Martha Coakley is a Partner at Foley Hoag LLP in the Administrative Law Department.

- She is Former Attorney General of the Commonwealth of Massachusetts.

While she served from 2007-2015, she served on the Executive Committee of NAAG.

She was Tobacco Co-Chair and Finance Committee Co-Chair.

In 2015, she was the winner of the Kelley-Wyman Award, presented to the AG who has

done the most to accomplish the organization’s objectives.

Emily Nash is an Associate at Foley Hoag LLP in the Litigation Department.

- She served as Clerk for the Honorable Denise J. Casper, U.S. District Court, D. Mass.,

2017-2018.

Introduction



1. Elected/Appointed? Party Affiliation?

2. Size of Office: Jurisdiction- Criminal/Civil: Other responsibilities that

increase office size

- Budget

3. Stated Priorities and How the

Office is Organized

1. Do Your Attorney General Homework



1. Policy, Press Statements, Social Media

2. Each Other More Privately

A. DAGA, RAGA, NAAG, CWAG

B. Multi-State and Staff Working Groups

C. Party Issues as well as Consumer

Issues that cut across party lines:

Mortgage Crisis, Opioid Crisis,

Other Consumer Issues

2. AGs Talk in Public; They Also Talk to Each Other



1. Front Office: COS, Chief Deputy

2. Divisions: Consumer, Antitrust, Criminal, Medicaid Fraud

3. Complaint Divisions:

- Individual Mediation or Settlement with Consumers

- Multiple Complaints that Can Lead to CIDs, Litigation, Regulations

3. Understand the Role of AG Staff



They Often, But Not Always, Work Together

1. Most Often: FTC, FCC, DOJ Civil Rights or Antitrust

2. Less Often: FBI, CFPB

3. Depends: DOE, DHS, EPA

4. Federal/State Relationships



Is this the Beginning or Ending of a Term?

1. At End: Good Time to Wrap Up Matters?

2. At Beginning: How Much Ramp Up Time? Stated Priorities?

- Who will Remain, if Anyone, from Prior Staff

5. AG Term Timing



1. If a CID is private, which it ordinarily should be, your focus should

be responding/narrowing the Civil Investigative Demand

2. If an AG Investigation Becomes Public –

by your choice or other means –

you have two fronts to battle

3. If the issue(s) hits that Press

first, then an AG problem

may follow

6. AG Problem? Press Problem? Both?



7. Don’t Play Ostrich!



1. AVC (Agreement for Voluntary Compliance) or AOD (Assurance of

Discontinuance)

- Most Offices will use one of these options that may include penalties, costs and

fees, but is not a consent order or decree

2. If Violations are extensive/severe, or have occurred after an AVC or AOD,

an AG office will most likely look for a Consent Decree, especially if a law

suit has been filed

3. Criminal Cases may also be resolved with a civil resolution but usually

only at the defendant’s request

8. Options for Resolution



1. Innovation/Disruptive Industries

that are consumer facing

2. Antitrust Issues that may require a

new look at older law

3. If you spot issues where you may

be victimized by unfair business

practices

9. Be Proactive If You See Trending Issues

In Your Industry



Know your AG and AG office

Don’t Play Ostrich!

Consider issues where you and your AG have the same goals:

- Corporate Social Responsibility more important than ever

Conclusion

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Questions?


Check out our blog:

http://www.stateaginsights.com/

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