State, Federal, and Joint Investigations & Litigation

Blank Rome’s attorneys have decades of experience representing clients in state, federal, and joint enforcement actions involving state attorneys general (“AG”) and federal agencies.

Drawing from their deep experience, our attorneys:

  • advise clients on proactive compliance;
  • navigate investigations; and
  • defend vigorously when litigation is unavoidable.

We advise clients on and develop solutions for:

  • consumer protection and antitrust investigations and litigation;
  • state False Claims Act investigations and defense;
  • data privacy and information security;
  • Consumer Financial Protection Bureau issues;
  • Amicus brief strategy; and
  • multistate litigation.

Consumer Protection and Antitrust Investigations and Litigation

Whether involving a single state AG, multiple AGs, the Federal Trade Commission, or other federal agencies, we vigorously defend the interests of our clients that face consumer protection and antitrust inquiries, investigations, and litigation. We counsel clients on the legal and regulatory issues related to advertising and labeling claims made on packaging or marketing, and we evaluate the underlying substantiation for the claims to assure compliance with federal and state laws.

State False Claims Act Investigations and Defense

In addition to the Federal False Claims Act (“FCA”), most states have enacted their own individual FCA laws that include qui tam provisions, which provide monetary incentives to whistleblowers. For more than two decades, Blank Rome has represented companies and individuals in FCA investigations and litigation. When necessary, we draw on a seasoned team of trial attorneys, many of whom are former prosecutors, and litigate aggressively in federal and state courts around the country. We also have substantial experience resolving suspension and debarment cases and similar eligibility matters (including Medicare and Medicaid exclusions) that may arise from an FCA case.

Consumer Financial Protection Bureau

The Consumer Financial Protection Bureau (“CFPB”) has made partnering with states a top priority. We have significant experience assisting financial services firms with issues before the CFPB and the states.

Data Privacy and Information Security

States have stepped up enforcement of data protection and privacy laws that range from regulating information collection practices targeted to minors to notice requirements for payment card data losses and other breaches. We have advised Fortune 500 companies, including in the credit card, telecommunications, pharmaceutical, chemical and agricultural, retail, and other industries concerning data privacy, data breaches, and information security matters before state AGs.

Amicus Briefs

State AGs can have a significant impact on the outcome of litigation as amici. We have secured AG amicus support in the U.S. Supreme Court in landmark litigation.

Multistate Litigation Avoidance and Resolution

We create customized compliance strategies to help our clients avoid becoming targets of costly AG investigations and litigation, and work to extricate them from such challenges should they materialize.

Private Multistate Class Action Resolution

Our attorneys have been at the leading edge in developing solutions to mass tort issues at the state level. In total, our attorneys have negotiated the resolution of disputes involving more than one million claims and potential exposure measured in several billions of dollars.