If You Run, I Will Chase: Proactive Postures Towards State Attorneys General

Key Takeaways

• Democratic state attorneys general are stepping up enforcement in areas like artificial intelligence, consumer protection and antitrust, especially as federal oversight wanes. They are using creative strategies and regulatory leverage to impose new requirements on businesses, particularly in emerging tech and merger reviews.
• Businesses face heightened regulatory and litigation risk at the state level, with AGs willing to pursue aggressive enforcement and use any available leverage to achieve policy goals. Companies that ignore or evade AG inquiries may face even tougher scrutiny and less favorable outcomes.
• A proactive and cooperative approach with state AGs builds goodwill—engage early, be transparent and seek experienced counsel to help navigate investigations or regulatory reviews. This can help shape the narrative and increase the likelihood of a favorable resolution.