Narrator (00:01):
When dealing with uniquely powerful regulators like State Attorneys General, you need equally unique experience, know-how, and skill. You need Troutman Pepper Locke’s State Attorneys General Practice.
Ashley Taylor (00:14):
I’m Ashley Taylor. I co-lead our State Attorney General’s team here at Troutman Pepper. And, we focus on representing clients that have drawn the attention of a state attorney general, usually by way of a subpoena or a civil investigative demand or some type of enforcement action and/or related litigation. Before I served in the office of the Virginia Attorney General, I was in private practice. And in private practice, I focused primarily on commercial litigation. So I joined the Virginia Attorney General’s office for several years where I learned the regulatory side of the practice. And when I decided to return to private practice and I looked for a firm, I looked for a firm that I thought would value both commercial litigation experience and expertise and with a working knowledge of regulatory enforcement matters.
(01:02):
And that was a unique combination at the time that very few firms focused on or even appreciated, and Troutman did. Well, state AGs are unique. They’re an often overlooked constitutional office across the country, but they’re a unique combination of politics, policy, and the practice of law. You have to work in the practice for a number of years to truly understand what the state AGs mean when they make certain statements, why issues are important to them, how cases function, the consistency of approaches that state AGs take across the country, the similarities, the differences, all of that comes through experience. So you need to be dedicated to learning the craft and learning the practice. You can’t simply hand someone like you can in federal court litigation the federal rules of civil procedure and tell someone, “Go read the rule that will tell you what to do.” In this practice, the rules are not written down, but there are rules.
(01:58):
And the state AGs abide by those rules and they expect you to understand those rules in the context of handling a case. To be effective in this practice, you must have a working relationship with state AGs. And what does a working relationship entails? It entails having a reputation of being a problem solver, understanding from the state’s perspective why they’re advancing a case, proposing solutions that make sense, understanding when the state AGs have to engage in litigation for a variety of reasons, whether it’s advancement of a public policy or a promise that they have made in the public domain that they would be aggressive in a particular area. But you have to have a relationship with an AG, and that’s something you can only develop over time. What we have done here is we have brought in young associates, cultivated those relationships from early on, so they develop those same strong problem solving reputations across the country.
(02:51):
And you can’t have a national practice without depth. That’s been the key. Developing the depth, developing the reputation, and allowing everyone to develop their own way of handling problems and addressing clients’ concerns. It’s an important part of the practice to maintain relationships with state AGs. We do so in a number of ways. Primarily, we do so by positioning ourselves as thought leaders, whether it’s a cutting edge CLE, whether it’s a podcast, or whether it’s through the ABA, which has a subcommittee that I co-founded with others on State Attorney General’s activity. We find ways to really discuss issues of importance to State AGs in a way that they want to participate in that conversation. The practice of State AGs is what we call a venue expertise. So within the State Attorney General’s office, you will have consumer protection issues, antitrust issues, administrative law issues, all of which are handled by the State Attorney General.
(03:47):
So our practice is not industry specific, it’s venue specific. AGs come at cases in a particular way with a particular perspective and a particular expectation, and we understand all aspects of that. Historically, when clients were, um, contacted by a state AG or sued by State AG, they would often simply turn to a law firm that had handled civil litigation for them in the past. Clients, however, now more sophisticated, they are asking for expertise in state AG matters. And when clients ask that question, our practice and the law firm of Troutman Pepper Locke, we rise immediately to the top. And but what are they looking for? They’re looking for information and understanding. Anyone can tell you that an AG was elected on X date, sworn in on January of that following date, and they hired 12 people in their office. That’s information. But our law firm is different and our state AG practice is different in that we can take the information and explain the importance and impact of that information to a client’s actual legal issue.
(05:00):
What we handle every day are classic, very traditional legal issues, but every legal issue arises against a political backdrop. Understanding the political backdrop, understanding the context is what clients are looking for. So our practice has a, a skillset that is an underutilized skillset for lawyers, and it’s what makes us most effective in resolving cases. We listen very carefully to what the government is saying, particularly state AGs. Most lawyers don’t listen carefully, so they understand what’s motivating the government agency to take an action, what they’re really focused on. And getting to the heart of that and understanding the policy that’s driving their enforcement action, if you can understand the policy that the state attorney general is trying to advance, it can help you craft a creative solution that appeals to both your client and to the government. But it starts with listening. You have to listen very carefully to what they’re actually saying and not simply hearing what you hear in everyday cases.
(06:08):
And that’s what makes our practice unique.