Attorney General Transparency

In state recoupment litigation against the tobacco industry, most states retained personal injury lawyers on a contingent fee basis to assist them with their litigation. Many of these contracts, inked without competitive bidding, and with little or no outside oversight, were rife with political favoritism, inside dealing, and in at least one case, amid the stench of corruption. Many of these billion-dollar fees (which bore little or no relation to the value of the work performed) are being strategically reinvested into the political process, and into still more litigation.

The Problem

Since the landmark recoupment lawsuits against the tobacco industry, state attorneys general have sought to recover costs from other industries, including firearms and pharmaceuticals, by partnering with the personal injury bar to sue whole industries. The growing trend of “regulation through litigation” presents more opportunities for government retention of personal injury lawyers on a contingent fee basis, and more opportunities for abuse.

ATRA’s Position

ATRA supports “sunshine” legislation that requires legislative approval of most large contingent fee contacts between government and personal injury lawyers, requires personal injury lawyers to keep track of their time spent on government cases, and reasserts the legislature’s oversight of “regulation through litigation.”

Search Through ATRA Reforms

Search through all of ATRA's reforms around Attorney General Transparency
Transparency in Private Attorney Contracting: H.B. 1531 (2018)
Provides that the state shall not enter into a contingency fee contract with a private attorney unless certain conditions are met. Also, establishes l...
Missouri
Attorney General Sunshine: H.B. 198 (2018)
Prohibits any contracting body, including all constitutional officers and executive branch agencies with contracting authority, from entering into a c...
Kentucky
Transparency in Private Attorney Contracting: A.B. 27 (2013)

Governs the practice of government hiring private, outside plaintiff attorneys on a contingency fee basis.

Wisconsin
Transparency in Private Attorney Contracting: S.B. 648 (2014)
Ensures that should the state award contingency fee contracts that they are awarded openly and transparently and that the state would receive maximum ...
North Carolina
Transparency in Private Attorney Contracts
This bill codifies the Louisiana Supreme Court decision in Meredith v. Ieyoub.  It says the state cannot compensate attorneys on a contingency fee bas...
Louisiana
Transparency in Private Attorney Contracts (2015)
Enacts provisions relating to contingent fee contracts between the attorney general and private attorneys.  Places tiered limits on the amount of cont...
Utah
Attorney General Sunshine – S.B. 984
Requires state agencies and officials to use an open request for proposal process when seeking outside counsel in a matter in which attorneys’ fees ma...
Oklahoma


Attorney General Transparency News and Press

Explore ATRA's most recent press releases and blogs around Attorney General Transparency

Texas Now on Judicial Hellholes® “Watch List” as Political Lawsuits, Junk Science Spread

The American Tort Reform Foundation today placed Texas on the Judicial Hel...

ATRA Applauds House Oversight Committee Investigation Into the State Energy & Environmental Impact Center at NYU School of Law

The American Tort Reform Association applauds the House Oversight and Gove...

Groups Urge Congressional Scrutiny of D.C. Attorney General’s Use of Private Attorneys

The American Tort Reform Association submitted a letter today to the House...

Search Resources

Search through all of ATRA's Amicus Briefs, Reports, and Other Resources around Attorney General Transparency
Search All
States
Status
Post Types
Date
Blade v. Sig Saurer
(E.D. Pa., filed April 6, 2026): Arguing that the court should grant Sig Saurer’s motion for reconsideration because Mallory upends the jurisdictiona...
Eastern District of Pennsylvania
  • Case Not Yet Decided iconCase Not Yet Decided
Suquilanda v. Skyway Roofing, Inc.
(Ma., filed March 18, 2026): Urging the court to decline to recognize a new cause of action permitting employees of a subcontractor to sue a contract...
Massachusetts
  • Case Not Yet Decided iconCase Not Yet Decided
Letter Urging Veto or Amendments to House Bill 449 / Senate Bill 229 in Virginia
...
Corporate Flight from Delaware: The Impact of Escalating Shareholder Litigation and Legal Uncertainty
Unpredictable court rulings and a wave of lawyer-driven, profit-seeking litigation are destabilizing Delaware’s historic dominance for corporat...
Delaware
New York Local Legal Services Advertising 2024-2025
Trial lawyers and aggregators increasingly spend large sums of money on television, digital, and print advertising to recruit new clients. In 2025, i...
New York
Murphy v. Rio Rancho Center
(New Mex. Ct. App., filed March 5, 2026): Arguing that the double-digit punitive multipliers likely violate due process. The U.S. Supreme Court has s...
New Mexico
  • Case Not Yet Decided iconCase Not Yet Decided
Monsanto v. Durnell
(U.S., filed March 2, 2026): Arguing that requirements for herbicide labeling should not be made case-by-case in litigation sparked by a flawed IARC ...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
Cowan v. Dr. Slann et.al.
(N.D., filed February 23, 2026): Arguing that reasonable limits on medical liability improve the health care system for doctors and patients and Nort...
North Dakota
  • Case Not Yet Decided iconCase Not Yet Decided
Oregon Local Legal Services Advertising 2021-2025
Trial lawyers and aggregators increasingly spend large sums of money on television, digital,and print advertising to recruit new clients. In 2025, it...
Oregon
The Junk Science Playbook
The Machine That Sparks and Supports Mass Tort LitigationIntroduction and Executive SummaryMass tort litigation is a sprawling, profit-driven...



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