STATE ATTORNEY GENERAL DEFENSE LAWYER + Attorney general Subpoena investigations

How to Select an Attorney General Defense Lawyer

Recipients of an Attorney General Subpoena or Civil Investigative Demand should consider myriad factors, including whether counsel concentrates specifically on advertising, marketing and telemarketing related regulatory matters.  The firm's substantial State Attorney General practice focuses exclusively on digital advertising and marketing state and federal regulatory defense and compliance.

State Attorney General defense attorney Richard Newman possesses decades of experience successfully defending clients in State Attorney General investigations and enforcement actions, and negotiating resolutions which include case closures at rates lower than lawyers attorneys with similar experience.

Mr. Newman has assisted countless clients in challenging State Attorney General Civil Investigative Demands and subpoenas, negotiating modifications to the scope of information sought during the course of State Attorney General inquiries, implementing comprehensive legal advocacy designed to achieve best client outcomes, and defending and closing Attorney General investigations.  Additionally, he possesses superior legal writing capabilities to go along with a deep understanding of State Attorney General investigation and enforcement policy, investigation and enforcement objectives and rules of practice governing State Attorney General investigations.

Mr. Newman values written legal work more than most firms.  Defending State Attorney General investigations successfully is often the result of the nature and quality of written submissions.  His goal is always to win before an enforcement action is threatened.  Consequently, the firm’s advertising and marketing clientele are able to avoid the expense, uncertainty, and stress of State Attorney General enforcement.

Because superior written work is critical to successful outcomes, Mr. Newman regularly begins persuasive written and verbal advocacy early on in the investigation process.  He supplements and refines legal and factual arguments as the investigation develops, crafting such arguments based upon positive facts, evidence and controlling law.  These efforts are designed to ensure the best work product which other firms that do not focus on advertising and marketing law cannot achieve in the limited time they spend drafting.

The firm’s rates are better and less than State AG defense attorneys with similar experience.  The firm does not have billable-hour requirements.  If you compare the firm's experience and success rates with other State Attorney General defense lawyers, you will find that the firm has lower rates.  The singular objective is simply to achieve the best and most efficient results for clients.

If you have received a Civil Investigative Demand or subpoena from a State Attorney General contact a State AG defense lawyer with a particular focus on digital advertising and telemarketing related legal regulatory defense and compliance matters.

How do State Attorneys General Investigate and Enforce State Unfair and Deceptive Acts and Practices (UDAP)?

State Attorneys General possess powers under their own respective state unfair and deceptive acts and practices (UDAP) laws.  Some states also prohibit “abusive” acts or practices (“UDAAP”).

State Attorneys General investigate and enforce issues, including, but not limited to, false advertising, deceptive practices and fraud via enforcement of these consumer protection laws.  State UDAP laws are primarily civil in nature, however, many state UDAP legal regulations and consumer protection acts create criminal penalties for certain categories of violations.

State Attorneys General lawyers are responsible for enforcing consumer laws within their states.  State AGs are also permitted to enforce the Federal Trade Commission Act in the context of unfair or deceptive acts or practices in or affecting commerce.

For example, New York’s consumer protection law is found in General Business Law Sections 349 and 350.  Section 349 prohibits “deceptive acts or practices” in the conduct of any business, trade or commerce.  Section 350 prohibits “false advertising”" in the conduct of any business, trade or commerce.  California has a separate False Advertising Law that prohibits any company or individual from making false statements or statements likely to mislead consumers about the nature of a product or service.  The False Advertising Law exists independently from the California Attorney General’s authority under the California Unfair Competition Law.

Most State Attorney General offices have sophisticated and well-funded divisions.  Importantly, state consumer protection laws and false advertising statutes enable State Attorney General lawyers to initiate and conduct investigations and enforcement lawsuits on behalf of citizens of the state.  A showing of consumer harm is not always required because in some states a plaintiff need only establish that deception was likely.

State Attorneys General sometimes work together as part of a multistate investigation.  State AGS also often work together and share information with various federal agencies, such as the Federal Trade Commission.  State Attorneys General possess broad remedial authority to prosecute those that engage in unfair, deceptive or abusive acts or practices, including actual damages, restitution, treble damages, civil penalties and injunctive relief.

Attorney General Subpoena Lawyer to Assist with Responding to an Attorney General Subpoena

If you have received an Attorney General subpoena or other investigational inquiry, preparing a strategic game plan designed to avoid a lawsuit, achieve an optimal outcome and minimize any consumer injury is of paramount importance.  Failing to comply with a Attorney General subpoena can, without limitation,  result in more aggressive investigation, additional investigations by other state and/or federal regulatory agencies and/or the filing of a lawsuit.

Engaging an experienced Attorney General Subpoena lawyer can protect your interests by clarifying the legal significance of the subpoena, narrowing the scope of the subpoena and the information/documentation requested, securing extensions of time, explaining response procedures and options, evaluating applicable law and facts, and analyzing potential defenses.  By hiring seasoned Attorney General subpoena counsel, you are enhancing the potential for litigation avoidance, and a more cost-effective and favorable result.

New York Attorney General Defense Lawyer Defending Businesses and Individuals Against NY OAG Subpoenas and Other Actions

New York State Attorney General investigation and defense attorney Richard Newman defends businesses, executives and other individuals that have received a subpoena or notice of an enforcement action from State Attorneys General, including the New York State Attorney General.

As a leading State Attorney General Defense Lawyer in the areas of Internet and digital marketing, Mr. Newman possesses significant experience defending clients facing numerous types of marketing matters initiated by State Attorneys General, including the provision of aggressive State Attorneys General defense and investigation legal services.

Those that conduct business in the State of New York are required to adhere to a broad spectrum of legal regulations that are aggressively enforced by the Office of the Attorney General for the State of New York.  New York's existing consumer protection law is primarily governed by GBL §349 which focuses primarily on “deceptive” acts and practices.

New York State General Business Law Section 349 only applies to individual consumers.  A plaintiff must establish that the challenged act or practice was consumer-oriented, that it was misleading in a material way, and that the plaintiff suffered injury as a result of the deceptive act.

According to the Office of the New York Attorney General, GBL §349 is insufficient to adequately protect New Yorkers from technological advances and unfair practices associated therewith.

NY Attorney General Subpoena Lawyer for Fostering Affordability and Integrity Through Reasonable Business Practices Act Defense

In March 2025, Office of the Attorney General for the State of New York introduced the Fostering Affordability and Integrity Through Reasonable (“FAIR”) Business Practices Act.  The proposed legislation was intended to revise Article 22-A of New York’s General Business Law.  Many other states have already enacted UDAP statutes.

In December 2025, New York officially announced that it amended its General Business Law § 349 to cover more than just "deception"-related consumer protection standards.

The new FAIR Act authorizes enforcement against "unfair" and "abusive" practices, as well as "deceptive" practices.  It also recognizes potential harm to small businesses and nonprofits, expanding potential liability exposure beyond just business-to-consumer transactions.  The NY OAG will also seek to enforce the FAIR Act against out-of-state entities to the extent challenged conduct impacts New York.

The New York Attorney General now possesses broad discretion to investigate and enforce marketplace conduct that is similar to the federal Consumer Financial Protection Act UDAAP framework.

New York’s longstanding consumer protection law, GBL §349, prohibits only "deceptive" business acts and practices, not "unfair" or "abusive" acts by companies and individuals.  The FAIR Business Practices Act is designed to protect New Yorkers from "unfair" and "abusive" business acts, such as:

• lending and debt collection practices that collect and refuse to return a senior's Social Security benefits, even though they are exempt from debt collection
• the imposition of hidden “junk fees” in various industries
• complicated billing mechanics, such as companies that make it difficult for consumer to cancel subscriptions
• exploitative contract terms
• student loan servicers that steer borrowers into the most expensive repayment plans
• car dealers that refuse to return a customer's photo ID until a deal is finalized and charge for add-on warranties that the customer did not actually purchase
• nursing homes that routinely sue relatives of deceased residents for their unpaid bills despite not having any basis for liability
• health insurance companies that use long lists of in-network doctors who turn out not to accept the insurance
• companies that take advantage of consumers with  limited-English-proficiency or other vulnerable populations

The Fair Business Practices Act provides specific definitions for the following terms:

• Unfair: An act or practice is considered unfair when it causes or is likely to cause substantial injury to a person, the injury is not reasonably avoidable by such person, and the injury is not outweighed by countervailing benefits to consumers or competition. Note, however, that the FAIR Act’s definition of “unfair” does not possess a provision similar to the CFPA’s § 5531(c)(2) that permits regulatory agencies to weigh public policy when assessing whether an act or practice is unfair.

• Deceptive: An act or practice is deceptive when the act or practice misleads or is likely to mislead a person and the person's interpretation of the act or practice is reasonable under the circumstances.

• Abusive: An act or practice is abusive when it materially interferes with the ability of a person to understand a term or condition of a product or service, or it takes unreasonable advantage of (i) a person's lack of understanding of the material risks, costs, or conditions of the product or service; (ii) a person's inability to protect such person's interests in selecting or using a product or service; or (iii) a person's reasonable reliance on a person covered by this section to act in such person's interests.
  New York business groups have criticized the consumer protection bill intended to strengthen consumer protection against deceptive practices such as junk fees and hard-to-cancel subscriptions.

The "unfairness" standard is similar to the presently existing FTC balancing test.  The "deception" standard remains consistent with currently existing GBL § 349 thresholds.  The "abusive" standard is similar to the federal Consumer Financial Protection Act and focuses upon the interference with one's understanding or taking unreasonable advantage of vulnerabilities or reliance.

Prior to initiating an action under the FAIR Act, the NY OAG is required to provide advance notice via certified mail and allow five business days for the recipient to respond and explain why there are no grounds for an action under the statute.  However, the foregoing pre-notice requirement may potentially be circumvented provided that the New York Attorney General seeks preliminary relief and determines that such notice is not in the public interest.

Violations of the FAIR Act entitle the New York Attorney General to seek injunctive relief, restitution, and civil penalties.  The FAIR Act provides the New York Attorney General the ability to seek enhanced civil penalties and restitution in amounts significantly more than previously available.

There is no private right of action for "unfair" or "absusive" conduct pursuant to the FAIR Act.  Private plaintiffs remain entitled to pursue claims for deception under GLB § 349.

The FAIR Act expands New York consumer and small business protections, and enhances the scope of available remedies.  The law will result in a dramatic increase in  New York State Attorney General investigations and enforcement.

Given the enormous discretionary authority that the New York Attorney General's Office will now possess with respect to interpreting and enforcing "fairness" and "abuse" under the FAIR Act, coupled with a loosening of strict consumer-related conduct requirements, a seasoned NY Attorney General defense lawyer that focuses upon regulatory compliance and defense and that can assert applicable affirmative defenses is an invaluable resource.

Contact a State Attorneys General law firm and State Attorneys General defense lawyer if you or your business are the subject of a New York State or other State Attorney General subpoena or inquiry.  Experienced attorney general subpoena defense counsel can assist with the implementation of business practices designed to comply with applicable New York State legal regulatory requirements, including, but not limited to additional restrictions relating to “unfair” and “abusive” acts or practices, and the review of applicable business and advertising practices.

Attorney General Defense Firm for Aggressive Defense Against Internet Related Unfair and Deceptive Trade Practices Legal Matters

State Attorneys General are increasingly more aggressive when it comes to  investigating and enforcing state laws regulating unfair and deceptive trade practices, otherwise known as UDAP legal regulations.

State UDAP enforcement by State Attorney General lawyers is becoming increasingly more prevalent, including, but not limited to, the New York Attorney General Bureau of Internet and Technology.  The NY AG Bureau of Internet and Technology is known for investigating issues such as:

• use of online reviews
• artificial intelligence
• privacy and identity theft
• the protection of children online
• eCommerce and online purchasing
• billing practices
• telemarketing
• other developing online threats

What to do if you are Contacted by a State Attorney General

Richard’s emphasis on and deep experience with advertising and marketing law distinguishes him from other lawyers.  State attorneys general are becoming more active in the regulation of business conduct and he is well-positioned to assist his clients with related challenges.

Richard is able to leverage his relationships with local and state regulatory agencies in order to secure the amicable closure of investigations.  He also engages with AGs on matters of policy and in furtherance of halting unlawful business activities, such as astroturfing, unlawful telemarketing, false origin claims and other forms of deceptive advertising.

In the event of an inquiry, an experienced AG lawyer can also assist with the implementation of a "litigation hold," narrowing the scope of applicable areas of inquiry, minimizing business disruption, and negotiating a confidentiality agreement in accordance with applicable state open record laws.

Attorney General Law Firm to Proactive Engage with State Attorneys General Nationwide

As a seasoned Attorney General Defense attorney, Mr. Newman possesses significant experience to assist clients that are the subject of State AG investigations and enforcement actions.  A State Attorney General law firm also works closely with clients to design and implement strategies designed to limit potential liability exposure, in the first place.

State Attorney General investigation or enforcement actions can be daunting without the advice and assistance of an experienced State Attorney General defense lawyer.  State Attorneys General possess significant investigation and enforcement authority pursuant to state unfair and deceptive practices legislation, often coordination on multi-state investigations.

Attorney general defense lawyer Richard Newman provides comprehensive strategic legal advice tailored to specific business models, including, but not limited to, consumer protection issues and those pertaining to unfair and deceptive practices.

Attorney General Investigations Lawyer

An experienced Attorney General investigations lawyer can proactively develop and implement effective preventative compliance programs and aggressively defend individuals and corporations against complex, high-profile State AG investigations, subpoenas and other regulatory inquiries.  Mr. Newman has extensive experience counseling clients about consumer protection related compliance risks and defending regulatory matters involving state UDAP legal regulations.

As a leading Attorney General investigations lawyer, Mr. Newman possess deep industry-specific knowledge with substantial experience serving clients in the digital advertising, marketing, eCommerce, media, technology and telecommunications industries.  This experience, coupled with knowledge of various state consumer protection statutes, enable Mr. Newman to cost-effectively pursue dispute resolution, investigation closure or favorable settlement.  His experience also enables Mr. Newman to identify, design and implement customized strategic solutions, limit liability exposure and protect clients' business and legal interests.

Attorney General Defense Lawyer Providing Strategic Guidance

Today’s regulatory environment requires companies to employ a deliberate, proactive approach to advertising compliance and risk management.  Richard works at the forefront of emerging digital marketing state attorneys general issues in order to assist clients:

• Implement strategies designed to mitigate the potential for investigations and enforcement matters from arising
• Respond to consumer complaints that are issued via state AG offices
• Establish and maintain a productive dialogue with AGs when problems arise
• Educate AGs on the inner-workings of various online marketing ecosystems
• Provide factual/legal background designed to minimize the need for enforcement
• Amicably and efficiently resolve investigations, and multistate/federal co-enforcement actions
• Prepare deliberate responses to AG investigations
• Defend aggressively in the event that an investigation or litigation is unavoidable or has been previously commenced
• Report unlawful business activities of competitors

Richard has successfully handled state attorney general investigations and enforcement matters across a wide range of consumer-centric practice areas, including high-tech, digital marketing and advertising, financial services, insurance, dietary supplements, telemarketing, lead generation, state false claims, unfair trade practices and data privacy.

He also provides regular updates on developing state AG policy issues and trends that may potentially affect his clients.

If you have received a civil investigative demand, an informal request for information or are otherwise the subject of an AG investigation, State Attorneys General lawyer Richard Newman has a record of working hand-in-hand with clients in pursuit of winning strategies that amicably resolve investigations without the expense of protracted litigation.  If litigation is the only alternative, Richard will zealously represent your business interests and fight to protect your hard-earned reputation.

Attorney General Investigations and Defense Practice for Complex, High-Stakes Investigations and Enforcement Matters

Mr. Newman's state attorney general defense and investigation practice assists clientele with complex regulatory issues that pose significant reputation and operational threats.  The firm works closely with clients facing allegations related to, without limitation, deceptive advertising, unlawful telemarketing, financial fraud and other matters to design defense strategies to achieve optimal results.

From an in person visit from an agent to an attorney general subpoena, Mr. Newman has successfully counseled clients across a broad spectrum of industry sectors to defend investigations and other government inquiries.

Attorney general defense lawyer Richard Newman possesses significant government defense experience that includes aggressively advocating on behalf clients, reducing clients' exposure, pursuing favorable resolution terms and discretely resolving matters.

Industry-Specific Experience from Attorney General Investigation and Defense Lawyer Leads to Positive Results

Richard is at the forefront of representing online advertisers in the defense of litigation and investigations brought by FTC attorneys and state Attorneys General.

He regularly engages with state and federal regulators on advertising, marketing and consumer protection-related issues.  He has successfully resolved investigations and enforcement actions involving numerous state AGs, who often partner with the Department of Justice, or regulatory agencies such as the Federal Trade Commission or the Consumer Financial Protection Bureau.

If you are the subject of a state Attorney General investigation or enforcement action, it is critical that your matter be navigated properly right from the start.  State Attorney General (AG) defense lawyers with specific industry experience like Richard possess a comprehensive understanding of successful strategies designed to achieve a favorable result, as well as the skill necessary to guide clients through the process.