Ryan J. Strasser

Ryan is a first-chair trial attorney and a litigation partner in the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group. He focuses his practice primarily on litigation against state attorneys general (AGs) across the U.S. Ryan has served as lead counsel to companies confronting these challenging adversaries in an array of industries, including medical device manufacturing, consumer goods, orthodonture and dentistry, cloud computing, public records, privacy, and residential solar. He has appeared in various federal and state courts across the U.S., including the Virginia appellate courts and the Supreme Court of Virginia.

State AG litigation is unique in nature. Such matters require a targeted understanding and the employment of refined skills related to how different state AG offices operate, the public policy and political dynamics at play, and the differences in discovery tools that exist vis-à-vis commercial and class action litigation. Representing clients during state AG litigation also requires a deep appreciation for the massive exposure that clients face due to the threat of civil penalties, treble damages, fee-shifting, and debarment, in certain cases. Consequently, Ryan frequently advises C-suite executives and their general counsel when confronting state AG litigation and has served as counsel during all stages of such actions, from pre-litigation counseling through trial. Ryan also has prevailed as lead counsel in appellate litigation.

In terms of subject matter expertise, Ryan has broad experience defending state Unfair, Deceptive, or Abusive Practices (UDAP) claims and regularly publishes on these ever-expanding state statutes. Relatedly, Ryan has represented clients navigating investigations related to the federal False Claims Act (FCA) and analogous state FCA statutes nationwide. In this context, he has handled significant matters involving exposure for clients, upward of a billion dollars, against both the U.S. Department of Justice (DOJ) and the state AGs.

In addition, Ryan has litigated many matters involving trade secrets and false advertising, including under the federal Lanham Act. That experience equips him to advise clients on reaching confidentiality agreements with state AGs during litigation and investigations. These matters also frequently involve the filing of motions for temporary restraining order (TRO) and preliminary injunction in federal and state courts, experience that serves Ryan well when litigating against state AGs, who often file such motions contemporaneously when filing a complaint against a company.

Finally, Ryan has challenged numerous federal regulations and decisions in federal court under the Administrative Procedure Act (APA).

As a thought leader, Ryan provides ongoing analysis and commentary on developments involving state AG litigation, state UDAP statutes, and the FCA, and he commonly contributes to the firm’s regulatory blog, Regulatory Oversight.

State Attorneys General Litigation and Investigation

• Served as lead counsel of record in representation of a national tax preparation company facing UDAP claims in litigation filed by the D.C. Office of Attorney General.
• Served as counsel of record for a medical device manufacturer in litigation with the New Mexico Attorney General involving UDAP, a state FCA claim, and fraud claims.
• Served as lead litigation counsel for an orthodonture and dentistry company in litigation against a state AG involving UDAP claims.
• Served as defense counsel of record for a solar installation financing company in federal court litigation against the Tennessee Office of Attorney General and Kentucky Office of Attorney General involving a UDAP claim, a TILA and Reg Z claim, and other federal and state statutory claims.
• Represented a public records company in litigation against the Florida attorney general related to claims asserted under the Florida FCA.
• Represented a loan servicer in investigations and litigation with state AGs and other governmental bodies involving UDAP and other statutory claims.
• Served as counsel for a company involved in a state AG investigation related to possible violations of UDAP and the state FCAs related to lending practices.
• Represented a data and information services company in interactions with nearly a dozen state AGs and other state agencies and political subdivisions involving claims under various state FCAs.
• Represented a Fortune 500 pharmaceutical company in multistate investigation relating to state FCA violations, off-label marketing, and violations of state anti-kickback statutes concerning marketing practices for an antipsychotic drug.

Federal Agency Litigation and Investigations 

• Served as counsel of record for defendant lending companies and individuals in $100 million litigation filed by the Federal Trade Commission (FTC) in Nevada federal court.
• Represented a trade association who sued the Center for Medicare & Medicaid Services (CMS) related to a proposed rule under the APA.
• Represented a canned food manufacturer who used the threat of APA litigation to procure a favorable settlement from the Food and Drug Administration (FDA).
• Represented a medical device manufacturer in a DOJ investigation regarding potential violation of the federal Anti-Kickback Statute (AKS) and the FCA, following the use of personal services agreements to pay staff in doctors’ offices.
• Represented a Fortune 50 company facing federal investigation, state investigations, and civil litigation resulting from a data breach.

Virginia Appellate and Other Appellate Court Experience

• Counsel of record before Virginia Supreme Court in case involving client appealing adverse arbitration decision in real estate dispute exceeding $100 million in value.
• Representing a 501(c)(3) before the Virginia Court of Appeals regarding a novel question of Virginia law surrounding the enforceability of a choice-of-law provision in a breach of contract dispute.
• Served as lead counsel for our client who was engaged in Virginia state trial court and appellate court litigation against an out-of-state receiver seeking post-judgment discovery. This ruling established new Virginia law in two separate instances. First, the Virginia Court of Appeals issued a first-of-its-kind order granting an emergency stay, pending appeal, following the trial court’s denial of the same requested relief and, in doing so, clarified the scope of the court’s newly expanded jurisdiction. Second, the Virginia Court of Appeals granted our client a complete reversal of the final judgment issued by the Chief Judge of Fairfax County Circuit Court and, in turn, sustained our client’s argument that out-of-state judgment creditors issuing subpoenas pursuant to the Uniform Interstate Depositions and Discovery Act (UIDDA) seeking post-judgment discovery must comply with Virginia’s post-judgment discovery statutes in Patel v. Rabinowitz ex rel. Lakhani Associates, 75 Va. App. 663, 879 S.E.2d 60 (2022).
• Responded to a decision before the Supreme Court of Virginia on behalf of our client in a matter involving a dispute over the control and management of a real estate holding company and its subsidiaries.
• Filed an amicus brief before the Virginia Court of Appeals on behalf of our pro bono client regarding the Right to Retrieve Law under the Virginia and U.S. Constitutions.
• Successfully represented a client before the D.C. Court of Appeals in a custody matter of first impression, where the court affirmed the trial court judgment awarding our client sole physical custody of her two twin nieces, assuring the continuation of a secure and stable custody arrangement, and rendering favorable decision on the scope of the psychotherapist-patient privilege in the District of Columbia.
• Filed an amicus brief on behalf of our client before the U.S. Supreme Court.

Complex Commercial Litigation and Class Action Litigation

• Served as lead counsel for a residential solar installation company in a federal litigation in Virginia involving UDAP claims, false advertising claims under the Lanham Act, breach of contract, and misappropriation of trade secret claims. Obtained complete dismissal of case on a motion to dismiss.
• Served as lead counsel for a residential solar installation company in North Carolina Business Court involving UDAP claims, false advertising claims under the Lanham Act, breach of contract, and misappropriation of trade secrets.
• Served as lead litigation counsel for a building material manufacturer in a multimillion-dollar arbitration involving trade secret claims, intellectual property claims, and breach of contract.
• Served as counsel of record for a cloud software company engaged in consumer class action and multidistrict litigation arising out of a ransomware attack involving dozens of claims, including under many state UDAP statutes.
• Served as lead counsel for a half dozen companies engaged in Virginia state trial court and appellate court litigation against an out-of-state receiver seeking post-judgment discovery. Secured complete reversal of trial court ruling for clients on appeal, wholly disposing of the case.
• Served as lead defense counsel in a class action filed in Virginia federal court for a company engaged in technical consultation related to power generation, petrochemical, and water generation involving claims under the Fair Labor Standards Act (FLSA).
• Represented a Fortune 50 health insurer in a $1 billion+ class action and multidistrict litigation in California federal court arising out of alleged conspiracy to deflate health care reimbursement rates in violation of Employee Retirement Income Security Act (ERISA), RICO, federal antitrust laws, and state UDAP laws.
• Represented a bank involved in a $100 million+ class action litigation in California federal court related to refunds in auto lending space.
• Represented a Fortune 500 pharmaceutical client involved in multibillion-dollar whistleblower litigation in Texas federal court for client’s alleged violations of the federal FCA, the federal AKS, and 28 state and local FCA statutes arising out of client’s marketing practices for several prescription drugs.
• Represented a medical pricing index in a $60 million, bet-the-company false advertising and negligent misrepresentation case in New Jersey federal court.
• Represented a personal protective equipment manufacturer that was sued by a competitor in Florida federal court on theories of false advertising related to marketing claims surrounding anti-microbial properties infused into medical garb.

• Legal 500 United States: Government: State Attorneys General (2024)
• High Honors, Capital Pro Bono Honor Roll, D.C. Access to Justice Commission and the D.C. Bar Pro Bono Center (2024)
• HYPE Icons Young Professional: Front Runner (2022)
• Best Lawyers: Ones to Watch: Commercial Litigation (2021-2025), Financial Services Regulation Law (2021-2025)