State AG Enforcement: Key Features and Trends

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State attorneys general are increasingly becoming some of the most consequential enforcement actors, including in the food and beverage space. From a focus on ultra-processed foods to environmental and ESG-related marketing claims, state AGs and allied enforcers are testing an expanding set of legal theories against the industry. This session brings together an experienced group of Covington & Burling attorneys to discuss state AG enforcement actions, including the latest trends and practical guidance on what to expect in the event of an investigation or litigation.  

Designed for in-house legal teams and outside counsel in the CPG space, the program situates today’s enforcement activity in historical context, surveys the legal theories currently in play, and forecasts where AGs and other enforcers may head next. Panelists will trace how state AGs have shaped the food space historically, including activity that helped drive nutrition labeling requirements, and examine the recent wave of investigations, settlements, and litigation touching the consumer brands industry. The discussion will give particular attention to two member-driven areas of interest: ultra-processed foods and ingredients enforcement and ESG and environmental marketing enforcement, while also addressing the role of municipalities and private plaintiffs in shaping enforcement risk. 

Presenters 

Matt Dunn, Partner, Covington

Matt Dunn’s practice focuses on white collar defense and litigation, with a particular emphasis on representing healthcare companies. He has extensive experience representing companies in federal and state criminal and civil investigations by the Department of Justice and other enforcement agencies. His complementary litigation practice focuses on defending companies in government-facing litigation, such as cases arising under the False Claims Act and state consumer fraud laws, and follow-on litigation arising from government investigations.  

Ashley Nyquist, Partner, Covington

Ashley guides clients through their most sensitive, high-stakes matters, including government investigations and enforcement matters, independent investigations, and internal investigations into issues posing enterprise-level risk. Her broad-ranging practice has spanned some of the most novel, sensitive, and complex issues facing companies and individuals. Ashley represents clients – from the largest multi-national companies to individuals – in criminal and civil government investigations led by the Department of Justice (DOJ) and other federal, state, and foreign regulators. In recent years, she has defended clients against allegations of obstruction of justice, false statements, fraud, corruption, and violations of the False Claims Act. She has considerable experience navigating complex, multi-dimensional matters involving parallel criminal, civil, and reputational risks, and has secured multiple full declinations for her clients in federal criminal and civil investigations. She also conducts internal and independent investigations into allegations ranging from fraud to obstruction to data security to sexual misconduct. 

David Sneed, Partner, Covington 

David Sneed is a nationally recognized trial lawyer specializing in high-stakes mass tort and product liability litigation. He represents leading companies in the technology, entertainment, consumer products, and pharmaceutical sectors. David has particular expertise in cases involving complex scientific, medical, and technological issues. He has successfully argued motions, examined expert witnesses at Daubert hearings, and drafted winning appellate briefs in mass tort cases. In addition to his litigation experience, David routinely advises clients on regulatory and liability risks related to emerging technologies, such as artificial intelligence, robotics, and autonomous systems. He has conducted risk assessments and helped leading international technology companies develop policies and procedures to reduce litigation exposure. 

Andrew Stanner, Partner, Covington 

Andrew is an accomplished trial attorney who has led and won some of the most complicated litigations in the country. He has defended clients in mass tort and consumer protection lawsuits and investigations and has tried more than two dozen cases to verdict before judges and juries. Andrew’s extensive trial work includes two landmark wins for McKesson in the opioid litigation. In addition to his trial work, Andrew serves as national counsel for clients facing complex litigation and multi-state AG investigations. He has successfully defended a large CPG company in consumer class action matters. He is also national coordinating counsel in a series of product liability cases across multiple state courts. He leads a Covington team that has helped to secure early, case-ending legal wins in several states. He has prepared numerous senior executives and government officials for testimony in litigation and before Congress and state Attorneys General. 

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