Shook is adept at handling the complex landscape of multi-state, multi-jurisdictional investigations and defending against potential litigation. Our attorneys have advised and defended national pharmaceutical manufacturers and other companies in connection with state attorneys general investigations based upon deceptive marketing practice allegations, enforcement of state consumer protection statutes, and other state regulations.

Shook has litigated several state attorneys general multi-state investigations involving allegations of violations of state consumer protection acts. We responded to CIDs and negotiated possible resolutions with the state attorneys general executive committees. Our most recent work was in a 48-state attorneys general investigation involving a certain segment of the medical device market. Ultimately, we obtained a national settlement at a fraction of the amounts paid by other competitors and avoided large verdicts that were incurred by competitors.

Representative Matters

  • Defended company in multidistrict litigation concerning alleged contamination of drinking water. The litigation began when the original case was filed as a class action in West Virginia. A series of personal injury cases were subsequently filed in federal and state courts across the United States, including claims of personal injury, property damage, medical monitoring, natural resource damages, remediation costs and other types of alleged damages and injuries. There were a number of different types of cases filed by AGs from approximately 40 states.
  • Represented numerous companies in response to state AG investigation of alleged violations of state antitrust laws.
  • Represented a pharmaceutical company in an AG action wherein the state alleged that the company and other insulin manufacturers, as well as pharmacy benefit managers (PBMs), maintained a pricing scheme that violated the state’s consumer protection act.
  • Defended a privately held natural resources company and a global provider of minerals against a state AG in a case seeking civil penalties under state clean water laws related to accidental mining wastewater release at a mining site.
  • Led a trial and appellate team in climate change litigation across the country, including serving as lead counsel for a coalition of energy companies.
  • Engaged with state AGs and other office holders as lead special counsel to the Manufacturers’ Accountability Project. This group was formed to engage with the public policy community, including office holders and the media, on why climate litigation against the energy manufacturers is improper both legally and from a public policy perspective.