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
Lyle & Bruso v. State Farm
(Ok., filed July 9, 2026): Arguing that allowing the district court’s so-called “protective order” to stand would make Oklahoma a significant nationa...
Oklahoma
  • Case Not Yet Decided iconCase Not Yet Decided
Benavides v. Tesla
(11th Circ., filed July 9, 2026): Arguing that the judgment holds manufacturers to unreasonable standards that will deter innovation and development ...
11th Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
Drake v. Bayer
(9th Circ., filed May 26, 2026): Arguing that rehearing should be granted to clarify the standards applicable to establishing class-wide injury.  The...
9th Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
In Re FirstEnergy Corp. Securities Litigation
(6th Circ., filed May 21, 2026): Arguing that Comcast’s limits on class certification provide essential protections for American businesses and inves...
6th Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
Suncor Energy (U.S.A.) Inc. v. County Commissioners of Boulder County, et. al.
(U.S., filed May 18, 2026): Arguing the state law does not provide a mechanism to recover damages for costs attributed to global climate change. Clim...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
Veto Request, House Bill 26-1236, “Arbitration Reform”
...
Colorado
Second Letter Urging Veto of HB 449 / SB 229 Following Rejection of Amendments
...
Virginia
Comment by Leading Defense Bar and Business Groups Opposing Nonlawyer Ownership and Fee-Sharing
Tennessee Supreme Court comment by leading business and defense bar groups opposing nonlawyer law firm ownership – 4.30.2026Download ...
Tennessee
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



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