Defense of state enforcement and administrative actions

Davis Polk represents clients in a broad range of state government actions, from stand-alone inquiries by a single state to coordinated multistate actions by 40+ state attorneys general and other regulators across the country. Our experience includes:

• Representing a major pharmaceutical company in litigation by several state attorneys general concerning insulin pricing. We secured dismissal of a lawsuit by Harris County, Texas, asserting RICO and Texas law claims and alleging that the county overpaid for insulin purchases.
• Acting as national counsel in consolidated litigation by more than 30 state attorneys general and numerous local government entities asserting privacy and consumer protection claims against a major social media company.
• Successfully represented Con Edison in multiple administrative proceedings before the New York State Public Service Commission. Among them, we achieved multiple prehearing victories leading to a favorable resolution of a penalty proceeding arising from Tropical Storm Isaias.
• Advising the debtors in the high-profile chapter 11 bankruptcy cases filed by a major pharmaceutical company Our victories in this matter include successfully opposing an attempt by the state of Arizona to file a bill of complaint under the Supreme Court’s original jurisdiction, and obtaining confirmation of our client’s reorganization plan following a multi-week hearing litigating opposite two DOJ divisions, nine state attorneys general and several Canadian municipalities.
• Litigated and achieved a favorable settlement for Morgan Stanley of civil litigation filed by the California Attorney General relating to residential mortgage-backed securities and structured investment vehicles.
• Represented Innolux as lead counsel in connection with a series of major antitrust litigations involving allegations of price-fixing of LCD panels, including actions filed by the Washington and Illinois Attorneys General, as well as dozens of private litigant actions. The state attorney general actions were all favorably resolved.
• Defended Comcast in several antitrust class actions alleging that Comcast tied the leasing of cable set-top boxes to the provision of premium cable services in violation of federal antitrust law and various state laws. We successfully removed a related antitrust action filed by the West Virginia Attorney General to federal court and consolidated that action with the various private litigation actions.
• Served as lead counsel to Pfizer and Warner-Lambert in the successful resolution of MDL litigation and state and federal investigations into alleged off-label promotion of Neurontin and Lyrica, including global resolutions with the U.S. Attorney’s Office for the District of Massachusetts, all 50 state attorneys general and Medicaid Fraud Control Units.
• Represented Xactware Solutions and its parent company Insurance Services Office , leading providers of software products for the insurance industry, in a series of class actions and an action by the Louisiana Attorney General arising out of the handling of insurance claims following Hurricanes Katrina and Rita.

Members of the Davis Polk teams are based in the New York, Washington DC and Northern California offices.