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Public Policy

In a world where innovation is outpacing regulation, Orrick offers our clients unique solutions to policy advocacy and regulatory enforcement at the state level. Why the states? It’s where some of the most essential regulation and most active enforcement is happening today. We combine deep sector insight and effective advocacy to help state lawmakers and enforcers understand our clients’ products and commitment to responsible business. We advocate before state AGs and legislatures. And we do it not just in one state – but in all 50. Where federal agencies are involved, we cover that as well.

Our Team

Sometimes we play offense – advocating for policy that enables innovation – and sometimes it’s defense, responding to enforcement action or fighting unfair policy. Regardless, we put together a team built for each client or coalition. We draw on a roster with deep experience in state and federal government, in-house government affairs roles and litigation. This includes the perspectives of a two-time state AG deeply respected on both sides of the aisle, a former general counsel of the U.S. Federal Trade Commission, government affairs professionals at leading companies – including former policy advisors at three of the Magnificent 7 tech companies – and numerous former national and state-level legislative liaisons and agency regulators.

We also collaborate with Orrick colleagues with experience in senior roles at virtually every federal agency that regulates our clients.

Our Work

We advocate for policy that balances the benefits of innovation with responsible business practices and models. We advise and devise solutions to greenlight projects and mergers, advocate for thoughtful and fair taxation policies, and seek appropriate review or recourse in response to an unfair competitor – or a playing field that’s entirely unfair.

We do so by understanding the interplay of federal and state policy priorities and then selecting and collaborating with the right coalitions of industry players and government representatives to help policymakers understand – and take action in response to – the evolving landscape.

We have experience at the cutting edge of Technology & Innovation, Energy & Infrastructure, Finance and Life Sciences & HealthTech, in industries including:

  • Artificial Intelligence
  • Online Safety
  • Media & Telecommunications
  • Mobility
  • Blockchain & Digital Assets
  • Gaming and Fantasy Sports
  • Data Centers
  • Banking
  • Fintech
  • Healthcare and Health Tech
  • Energy & Infrastructure

State Legislative & Regulatory | State Attorneys General Investigations & Enforcement

State Legislative & Regulatory

Most of the 7,300+ state legislators in the United States will vote on more bills in a single session than Congress considers in four years. These are often the laws that govern if and how a company can lawfully operate their business in a particular state.

State-level issues are especially challenging for businesses. Instead of one set of laws and regulations to consider at the federal level, there are potentially 50 different sets of regulations and legislation at the state level – each enacted on their own unique procedure and timeline. A single amendment – buried in a 200-page bill introduced in the middle of the night – could upend an entire sector in a state overnight.

Clients hire us to design and deploy proactive strategies and campaigns to win at the state capitols. We are in the building. We draft the legislation. We prepare the testimony. We work to turn around amendments on the floor while the vote is still being called. With our deep sector knowledge, we help pass legislation that will provide our clients with a fair playing field in their most important markets, or persuade state and local regulators to make regulatory space for innovative business models.

We work with a team of 100 contract lobbyists to execute.

24+
States where Orrick helped
shape AI regulation

30
States where we helped
legalize online sports betting

150+
Anti-competitive tax bills
defeated across 45 states

The Wall Street Journal, The New York Times, and The Washington Post have all profiled our work. And the impact that matters come from clients whose businesses and innovations we protect.

Contacts

State Attorneys General Investigations & Enforcement

As their states’ chief law enforcement officers, AGs enforce state laws in wide-ranging areas including consumer protection, data privacy, antitrust, and environmental law, and they influence important state policies and laws affecting the high-technology, finance, energy, and healthcare sectors. As their states’ chief legal advisors, AGs sometimes also challenge federal laws, regulations, and policies in order to defend their states’ right to govern themselves against federal overreach. In addition, they frequently collaborate with their federal counterparts at agencies, such as the Federal Trade Commission.

Orrick’s team brings rich insight into the dynamics within state AG offices and at the FTC: the core of our team includes former Washington State Attorney General Rob McKenna; former Wisconsin Chief Deputy Attorney General Andrew Cook; Anisha Dasgupta, former General Counsel of the FTC and former New York Deputy Solicitor General; and Brian Moran, a former U.S. Attorney for the Western District of Washington and Chief Deputy Attorney General.

Our deep understanding of how AG offices work, our personal credibility with those offices and their leaders, and our substantive legal and policy experience afford our clients advantages that other firms simply cannot match. Similarly, our team includes deep experience with the FTC’s bi-partisan commission and their staff.

Wide-Ranging Consumer Protection Experience

Our deep experience with AG office and FTC consumer protection enforcement ranges from cybersecurity to tort liability, unfair competition and state merger review, to Medicaid fraudulent billing matters. Our legal and policy experience also includes working with state legislators and state agencies to draft, implement or amend state laws and regulations; approving indictments and negotiating settlements; and overseeing state appellate strategy, including arguing on behalf of states in significant cases before the U.S. Supreme Court.

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