Government Investigations and Regulatory Enforcement

Our Government Investigations and Regulatory Enforcement practice provides companies with the insight and experience needed to navigate inquiries and enforcement activities initiated by state attorneys general, multistate coalitions, and state and federal regulators. We guide clients through the full lifecycle of investigations, from early-stage inquiries and civil investigative demands to active enforcement and related litigation. Our work is informed by significant experience inside a state attorney general’s office, including leadership of major multistate investigations, and by years of defending companies that operate in regulated, technology-driven, and consumer-facing sectors.

We deliver practical, business-oriented counsel in consumer protection, financial services, fintech, digital advertising, privacy, data-handling practices, and unfair or deceptive trade practices. Our team understands the cadence and complexity of multistate investigations, evolving regulatory expectations, and the operational pressures companies face when regulatory exposure becomes likely.

Our Services

Advising & Counseling

We help clients manage day-to-day regulatory exposure with practical guidance on:

• Civil Investigative demands (CIDs) and subpoenas, including response strategy.
• Consumer protection compliance, advertising practices, claims substantiation, marketing review, and disclosure requirements.
• Subscription and recurring-billing programs, including enrollment and cancellation mechanics.
• Privacy disclosures, data-handling practices, and identity verification issues.
• Pre-launch assessments for new products and features in regulated or consumer-facing environments.
• Preparation of internal frameworks and response playbooks for regulator outreach.

Investigations & Enforcement

We represent clients in single-state and multistate attorney general investigations and in inquiries brought by state and federal regulators. Our work spans:

• Consumer protection and unfair or deceptive trade practices.
• Financial services, fintech, and payments enforcement.
• Digital advertising and internet and social media marketing, including subscription models.
• Data privacy, identity verification, and technology-related investigations.

We provide steady and informed support throughout the course of an investigation, coordinate with regulators, and work to resolve matters efficiently and effectively in alignment with client priorities.

Litigation

When investigations escalate into litigation, we provide a thorough and practical defense with a focus on achieving cost-effective results.

Representative Experience

Our attorneys have deep experience on both sides of government investigations, including leadership of significant multistate matters from within a state attorney general’s office and representation of companies facing significant regulatory scrutiny.

Company-Side Representation

• Representing a tech startup in a consumer-protection attorney general investigation and securing a favorable resolution without public enforcement.
• Representing a company targeted by the FTC in an advertising-practices enforcement action and leading litigation strategy.
• Advising a Fortune 50 hospitality company on advertising and marketing compliance, including telephone sales practices and consumer-lending disclosures.
• Counseling a health-tech startup on advertising, privacy disclosures, and regulatory compliance prior to launch.
• Counseling an e-commerce company on advertising, influencer marketing requirements, and data privacy disclosures.
• Represented a large real estate company in investigation by state licensing regulator into various licensing issues for real estate agents and brokers employed by the company.

Government-Side Leadership (prior public service)

• Leading a coalition of more than forty states in an investigation of a consumer-financial-services provider for misleading advertising and noncompliant lending disclosures while serving in a state attorney general’s office.
• Leading all fifty states and the District of Columbia in an investigation of a national retailer and affiliated lender involving alleged deceptive marketing to military servicemembers while serving in a state attorney general’s office.
• Bringing an enforcement action against a nationwide landlord conglomerate and securing an ex parte temporary restraining order, appointment of a receiver, and an asset freeze for deceptive and unfair trade practices while serving in a state attorney general’s office.
• Leading over forty states in an investigation of an international debt collector involving noncompliant debt-collection practices.
• Leading investigation into tax-relief and credit-reduction company for alleged deceptive advertising practices.
• Leading enforcement action against conglomerate of automobile dealers involving alleged deceptive marketing practices in multi-state marketing campaign.

This experience allows us to anticipate regulator expectations, manage complex investigative demands, and position clients for favorable outcomes.

Integrated Practice Strategy

We collaborate with BMD’s litigation, corporate, real estate, healthcare, and intellectual property attorneys to ensure that investigations involving business operations, transactions, or disputes receive coordinated support. Our team also assists other practice groups in identifying and managing regulatory risk that may affect business objectives.