Local Lawsuits, Statewide Effects: Can Attorneys General Halt Encroachments on their Authority?
Panelists:
Joseph Sciarrotta, Chief Deputy Attorney General, State of Kansas
Rob McKenna, Partner, Orrick
Andy Cook, Partner, Orrick
Description:
Eager to make statewide policy and reap financial rewards, local governments have become players in novel litigation against product manufacturers. These cities and counties, along with their contingent-fee counsel, claim the public mantle, but state laws and constitutions reserve litigation authority for attorneys general. Our panelists will discuss the extent of this growing conflict, its downside for States and its residents, and potential legislative and litigation solutions available to attorneys general and legislatures.
Related Reading:
Reining in Local Government Encroachment on Attorney General Litigating Authority: Legislative and Litigation Solutions
Andy Cook and Rob McKenna, Orrick; foreword by The Honorable Kris Kobach, Attorney General of Kansas
Public Health and Parens Patriae: How Attorneys General Can Preserve States’ Exclusive Litigation Authority
Doug Peterson, Keating O’Gara; foreword by The Honorable Alan Wilson, Attorney General of South Carolina
Panelists
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Joe Sciarrotta is Chief Deputy Attorney General of the State of Kansas. In that role, he serves as the chief advisor to Attorney General Kris Kobach, providing strategic, legal, policy and administrative counsel. He previously served for 7 years in the Office of the Attorney General of Arizona, first as Deputy Chief Counsel of the State Government Division, and then as Deputy Chief Counsel of the Civil Litigation Division. Prior to that, Joe was General Counsel to the Governor of Arizona, an Arizona Superior Court Judge, and Vice President, Legal, of Meritage Homes.
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Andy Cook is a Partner in the Washington, D.C. and Seattle, WA offices of Orrick. As former Chief Deputy Attorney General for the State of Wisconsin, Andy has extensive experience representing businesses before state Attorneys General involving investigations and lawsuits. His strong relationships with Attorneys General and their senior staff frequently facilitate the successful resolution of client issues through diplomacy and negotiations. When litigation becomes necessary, Andy effectively advocates for clients throughout the litigation process.
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Rob McKenna is a Partner in the Seattle, WA and Washington, D.C. offices of Orrick. He leads the state Attorney General team in the firm’s State and Federal Government Solutions group and is a member of the Cyber, Privacy & Data Innovation practices. Prior to joining the firm, Rob served two terms as Attorney General of Washington, from 2005 to 2013. He served as President of the National Association of Attorneys General from 2011–12 where he co-launched the NAAG Intellectual Property Task Force. He is a member of WLF’s Legal Policy Advisory Board.
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