Jamie Gorelick, a WilmerHale partner, was interviewed in Law Week Colorado on the heightened regulatory and enforcement activity of state attorneys general in response to the federal government's retrenchment in those areas.
"This is an extraordinary moment... The Democratic state AGs have announced themselves as the 'not Trump,' " said Ms. Gorelick who chairs the firm's Regulatory and Government Affairs Department. "And their view is that the Trump administration does not properly enforce the law, and that they have significant authorities to do that, and that they are going to do it," particularly on antitrust, consumer protection and data privacy.
As state attorneys general step up their activity, Ms. Gorelick is concerned about a trend. "... You're seeing them trying to outsource investigations, which I think will raise really serious policy and legal questions," she said.
"It's one thing for me to hire you to try a case," said Ms. Gorelick who served as US deputy attorney general in the Clinton Administration, which hired outside counsel to try the government's famous antitrust case against Microsoft Corp. "It's another thing for me to turn my badge over to you. And that is something I do worry about. And I think you're going to see that litigated."
Asked what lawyers with substantial government service can provide clients, Ms. Gorelick answered: "... If you come to me with a problem, I'm going to tell you how someone sitting in my former office today is going to react to something that you did or some argument that you might make. It's of tremendous benefit."
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.