After the State AG Elections: What’s Next for Enforcement

Voters in 30 states and the District of Columbia chose attorneys general (AG) yesterday, delivering the strongest Democratic down-ballot result in a generation. Assuming the current figures hold in Kansas:

• Democrats will have won 20 of the 31 AG races.  
• There will be 13 new AGs.  
• Five states — Georgia, Iowa, Kansas, Ohio, and Texas — will have flipped from Republican to Democratic control.  
• This net gain of five seats inverts the national map to 29 Democratic and 22 Republican AGs.  

For businesses, the consequences will extend beyond which party controls each office. Incoming AGs will inherit investigations, litigation, and multistate initiatives while assembling new leadership teams and setting their own priorities. Their senior appointments, resource commitments, decisions in inherited cases, and multistate participation will offer concrete tests.

The Incoming Class

• New Democratic AGs: Jena Griswold (Colorado), Tanya Miller (Georgia), Nate Willems (Iowa), Chris Mann (Kansas), John Kulewicz (Ohio), Eli Savit (Michigan), Nathan Johnson (Texas), Nicole Cannizzaro (Nevada), and Kimberly Ahern (Rhode Island).  
• New Republican AGs: Katherine Robertson (Alabama), Jon Echols (Oklahoma), David Stumbo (South Carolina), Lance Russell (South Dakota).  

The class is notable for how much public-office experience it carries. Griswold moves from Colorado secretary of state, and Cannizzaro was majority leader of the Nevada Senate. Johnson and Miller are sitting state legislators, and Savit won a Michigan race that pitted two county prosecutors against each other — a prosecutorial profile shared by Ahern (RI), Stumbo (SC), and Russell (SD).

Most of these AGs are not first-time officeholders. In most flipped and open states, the incoming AG arrives with a legislative or prosecutorial network already in place, which could shorten the usual first-year lag in enforcement staffing and coalition sign-ons, so changes in enforcement may arrive sooner than usual.

The Election Resets the Multistate Landscape

State AGs often coordinate investigations and lawsuits, so a new AG’s choice to join, leave, or lead a coalition reaches beyond one state. The flips in Georgia and Texas are especially consequential: Texas has long anchored Republican multistate litigation, both states have robust staff, and both new AGs will decide which inherited matters to continue. Kansas and Iowa, meanwhile, have spent the past four years as conservative leaders on several issues, including litigation against companies alleged to be Chinese-owned or Chinese-aligned. Past transitions show that change can come quickly: last year, Virginia’s new AG Jay Jones reversed the state’s position in more than a dozen federal cases during his first month.

New AGs Inherit an Active Enforcement Docket

New AGs will not take office with a blank slate. Many will inherit pending investigations and lawsuits and must decide which matters to continue, expand, settle, redirect, or discontinue. Although Democrats will now control Congress, President Donald Trump has made clear that he will readily veto Democratic legislation. We therefore continue to expect state AGs to lead the nation in consumer protection enforcement, an area where bipartisan coalitions have long operated regardless of party control.

For companies with pending matters, the transition raises a timing question: whether to pursue discussions with the outgoing administration or prepare to engage its successor. Deadlines, procedural posture, and what is known about the incoming team should drive that choice.

What Businesses Should Watch Next

These developments apply to the industries identified in our pre-election analysis: technology and AI, consumer protection, privacy, gambling and prediction markets, health care, and consumer financial services. Inclusion does not mean every office will pursue every sector.

Businesses should track the gap between what incoming AGs promised and what their offices do. Four developments will help distinguish continuity from a change in enforcement:

1. People and resources. Watch senior appointments, such as chief deputy, solicitor general, consumer protection, and antitrust leaders, and funding for promised initiatives. Colorado and Michigan’s new AGs proposed workers’ rights offices, and Georgia’s new AG proposed a Small Business Protection Unit. The test is whether those proposals become staffed, funded units.  
2. Inherited matters. Look for public filings and settlement announcements on existing investigations and litigation. Companies already involved should identify the new decision-makers and reassess the next milestone, not assume the election resets the case.  
3. Multistate participation. Track which matters an office joins, continues, or leads — and which offices assume the lead roles Texas and Kansas held in Republican coalitions. Signed filings and announced coalition roles show more than party affiliation or a general pledge to cooperate.  
4. First enforcement actions. Compare early complaints, settlements, and guidance with campaign commitments, including the conduct challenged and relief sought. A speech signals interest; a filing shows how the office will use its authority.

The election identified the next officeholders; their appointments, resource allocation, and decisions in actual matters will show whether campaign promises become enforcement changes.

---

Troutman Pepper Locke State Attorneys General Team

	Ashley Taylor – Co-leader and Firm Vice Chair Ashley is co-leader of the firm’s nationally ranked State Attorneys General practice, vice chair of the firm, and a partner in its Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group. He helps his clients navigate the complexities involved with multistate attorneys general investigations and enforcement actions, federal agency actions, and accompanying litigation.
	Clay Friedman – Co-leader Clay co-leads the firm’s State Attorneys General practice and is nationally ranked by Chambers USA for AG Government Relations and in Best Lawyers for Advertising Law. He has dedicated his entire career to state attorney general and federal work, serving for nearly a decade in a senior role and more than 25+ years in private practice. Clay focuses his practice on helping industry-leading companies mitigate the risks associated with state and federal regulatory investigations and associated litigation.
	Chris Carlson Chris advises clients on regulatory, civil, and criminal investigations and litigation. With a background as an assistant attorney general, he provides practical guidance to clients with matters involving state attorneys general and federal regulatory agencies.
	Lauren Fincher Lauren has vast experience handling state attorneys general investigations, navigating complex regulatory compliance matters, and providing strategic counsel in enforcement actions across various industries. She helps clients manage high-stakes regulatory matters and guides them through complex legal landscapes.
	Stephen Piepgrass Stephen leads the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group, representing clients in single and multistate enforcement actions, including inquiries and investigations involving state attorneys general and other state and federal governmental enforcement bodies including the CFPB and FTC. He regularly represents clients in highly regulated sectors such as financial services, emerging technologies, health care, insurance, and education.
	Michael Yaghi Mike handles high-profile investigations led by state attorneys general, the FTC, and other federal and state regulatory bodies. He assists clients through these complex government inquiries, assisting them throughout the entire life cycle of investigations, from regulatory enforcement through formal litigation.
	Matthew J. Berns Drawing on his experience in senior leadership roles in the New Jersey Attorney General’s and Governor’s Offices and as a trial attorney for the U.S. Department of Justice, Matt provides an insider’s perspective when guiding clients through complex government investigations, litigation, and other actions.
	Reade Jacob Reade counsels gaming companies, financial institutions, fintech and social media platforms, and other commercial clients on regulatory, enforcement, and compliance matters spanning three core areas: gaming and sports betting, consumer protection, and privacy and data security. His gaming practice covers daily fantasy sports investigations, state wagering licensure, social casino litigation, and federal and state gambling compliance. On the consumer protection side, he has represented clients before the CFPB, FTC, and state AGs, negotiating settlements and consent orders, and litigating high-stakes matters in administrative courts and arbitration proceedings.
	Jeff Johnson Jeff helps clients navigate complex regulatory and litigation challenges with local, state, and federal authorities. His clients benefit from his decade of broad litigation experience, understanding of emerging state and federal regulatory issues, and strong relationships with attorneys general across the U.S. In addition to handling cases from trial through state or federal appeals, Jeff serves as amicus counsel in advancing legal rules to support his clients’ vital interests.
	Jay Myers Jay assists clients in heavily regulated industries, including health care, energy, insurance, emerging industries, and data privacy. He provides both regulatory legal advice and government relations strategies. Jay’s past and current clients include Fortune 10 companies, startups, nonprofits, industry associations, and advocacy groups. Recognizing that state government matters are often complex and multifaceted, he utilizes regulatory guidance, government advocacy, or both in tandem to deliver tailored solutions for each client’s unique needs.
	Zoe Schloss Zoe represents clients in litigation and government investigations. As former deputy attorney general for the Delaware Department of Justice, she is an experienced litigator who understands the enforcement priorities that impact her clients. Zoe works with individuals and corporate entities in highly regulated industries, including financial services, health care, and energy.
	Jessica Birdsong Jessica is an associate in the firm’s Regulatory Investigations, Strategy + Enforcement Practice Group. She received her J.D. from the University of Richmond School of Law, magna cum laude, where she served as associate articles editor of the Journal of Law & Technology.
	Sydney Goldberg Sydney is an associate in the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group. She advises clients on regulatory compliance and state attorney general (AG) investigations in highly regulated industries, including health care and life sciences. She routinely helps clients navigate alcohol compliance and licensing issues, helping proactively manage regulatory risk.
	Troy Homesley Troy is an accomplished litigator who has represented and defended clients across a wide range of complex, high-stakes disputes at both the trial and appellate levels. He has represented technology companies, business executives, law firms, investment funds, high-ranking federal officials, international non-profits, and asylum seekers. Troy draws on his broad litigation experience to advise clients before litigation arises, while claims are pending or threatened, and leading up to and through trial and appeals.
	Namrata Kang Namrata (Nam) is an associate in the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group, based in the Washington, D.C. office. She routinely advises clients on a wide variety of state and federal regulatory matters, with a particular emphasis on state consumer protection laws relating to consumer financial services and marketing and advertising. Nam’s experience transcends multiple industries, including financial services, telecommunications, media, and sports betting.
	Michael Lafleur Michael is an associate in the firm’s Regulatory Investigations, Strategy, and Enforcement Practice Group. Based out of the firm’s Boston office, Mike has deep experience in litigation, investigations, and other regulatory matters involving state-level regulators and state attorneys general.
	William LaRosa Bill represents clients in complex regulatory investigations, state attorneys general matters, and enforcement proceedings. He draws on his experience as a former assistant U.S. attorney and as a private-sector litigator advising corporations in high-stakes litigation and regulatory investigations, including multistate AG investigations.
	Lane Page Lane represents financial institutions and other clients in federal and state regulatory investigations and complex civil litigation. He is particularly focused on consumer protection and fair lending issues.
	Dascher Pasco Dascher provides strategic counsel and representation to clients navigating regulatory compliance, enforcement, and high-stakes litigation. She regularly represents clients in both single and multistate state attorney general (AG) investigations and enforcement actions, as well as before other state enforcement bodies and local government agencies.
	Kyara Rivera Rivera Kyara is an associate in the firm’s Regulatory Investigations, Strategy + Enforcement Practice Group. She received her J.D. from the University of Richmond School of Law, cum laude, where she served as publications and online editor of the Public Interest Law Review.
	Timothy Shyu Timothy advises clients on regulatory compliance and enforcement in highly regulated industries, including health care and life sciences, data privacy and cybersecurity, and emerging technology. He assists companies in navigating complex investigations and enforcement actions, helping them mitigate regulatory risk proactively.
	Trey Smith Trey focuses his practice on representing and advising regulated utilities before state public utility commissions. He routinely helps clients obtain certificates of public convenience and necessity for transmission infrastructure. In this role, Trey works with his clients’ subject-matter experts to manage administrative proceedings, including by preparing initial filings; responding to discovery requests; drafting rebuttal testimony; and litigating any disputed issues.
	Daniel Waltz Dan helps clients navigate all aspects highly regulated relationships between industry participants and federal, state and local governments. Whether engaging with regulators, negotiating transactions or representing clients in the courtroom, he delivers solutions that help his clients achieve their strategic goals.
	Stephanie Kozol Stephanie is Troutman Pepper Locke’s senior government relations manager in the state attorneys general department.