As State Prosecutors Keep Teaming Up, Another State AGs Practice Is Born
A former Pennsylvania executive deputy attorney general is establishing a team focused on state AGs at Blank Rome.
September 13, 2019 at 04:23 PM
4 minute read
The original version of this story was published on The Legal Intelligencer
As state prosecutors around the country continue to band together to take on corporations and federal policies, a number of national law firms have established teams of lawyers to help clients address the amped-up regulatory and enforcement pressures.
After bringing back partner Jonathan Scott Goldman from a stint in Pennsylvania's top prosecutor's office, Blank Rome is doing the same, establishing a state attorneys general team.
Goldman rejoined Blank Rome this month after two and a half years as executive deputy attorney general for the Pennsylvania Office of the Attorney General. Before that, he was a partner at Blank Rome, where he had practiced law for a decade.
"The federal government is not really regulating right now," Goldman said, so instead, prosecutors in states including Pennsylvania, New York, New Jersey, Massachusetts, California, Illinois and Washington, among others, have stepped into that role.
"There's been a real shift. Our clients are seeing that and feeling that and need to have counsel to guide them through these state processes," said Blank Rome managing partner and CEO Grant Palmer. In addition to Pennsylvania, the firm's New York office has strong relationships with state prosecutors there, he noted.
Palmer said very few clients and industries are not feeling the effects of "larger-impact litigation" by state prosecutors. It's particularly relevant for the firm's clients in the pharmaceutical space, he said, and Blank Rome has been working with them in that regard.
In his time at the OAG, Goldman had the opportunity to work with other prosecutors around the country on investigations and litigation, he said, giving him insight into "the essential issues for attorneys general and how they work."
"It's a really important time to go back and be able to help clients in this environment," Goldman said. "Companies are aware of the power of the state attorneys general, and they're nervous a lot of time."
That's not necessarily new—regulation by state attorneys general has been an area of increased focus for a number of law firms in recent years.
Among other Philadelphia-based firms, Cozen O'Connor established such a practice several years ago, and Pepper Hamilton also advertises a state attorneys general practice on its website. Cadwalader Wickersham & Taft, Buckley, Wilmer Cutler Pickering Hale and Dorr, Squire Patton Boggs, Venable, Orrick Herrington & Sutcliffe, King & Spalding, Hunton Andrews Kurth and Alston & Bird are among other national firms that have built practices around state attorneys general offices.
The related skill set isn't totally new to Blank Rome, either, Goldman noted. But what is a more recent addition, given his return to the firm, is a "current, real-time understanding of, essentially, the prosecutors—what the agendas are, what's driving a lot of the investigations, what's making them tick."
Palmer said between 20 and 35 lawyers at the firm have experience dealing with state prosecutors and regulation, and will likely be part of the new team.
Goldman said he doesn't see his move back to private practice as switching sides. Instead, he said, it's about helping clients avoid pitfalls that lead to litigation with state AGs, or working on agreements that will be a win for the prosecutors from a regulatory perspective while reducing harm for the corporate client.
"At the end of the day, if you are a good corporate actor, and most corporations want to do good, they want to follow the law. The law is just often confusing, and that's why companies need lawyers," Goldman said.
In addition to issues involving state prosecutors, Goldman will maintain a tax practice, focused largely on state and local tax matters.
The OAG did not immediately respond to a request for comment on Goldman's departure.
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