The State AG Surge: The Future of Enforcement
State AGs Continue to Play Strong Role in Enforcement
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July 17, 2025
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As we cross over the first half of 2025, one thing is increasingly evident: State Attorneys General (“AGs”) are emerging as active and visible regulatory enforcers in the United States. With federal agencies facing political constraints, shifting leadership and resource limitations, many states — especially California, New York and Texas — are stepping forward to fill the gap. But this is not simply a matter of picking up slack. State AGs are asserting authority, shaping national conversations and building expansive, policy-driven enforcement agendas.
For businesses, this growing assertiveness is not just a trend — it poses a strategic risk. And for law firms, it’s prompting new investments, evolving capabilities and the creation of dedicated state AG-focused practices. Recent analysis shows that this decentralized enforcement landscape is reshaping the compliance conversation.
Enforcement Is Rising — and It’s Evolving
FTI Consulting conducted a detailed review of enforcement activity taken by the attorneys general of California, New York and Texas — widely considered bellwethers for enforcement trends — and categorized each action for topic and theme. The results show a clear broadening of AG activity.1 While consumer protection remains the most common theme in 2025, accounting for 14% of enforcement activity in NY, CA and TX, the growth in other categories tells a more important story: state enforcement is no longer narrowly focused on traditional consumer or fraud issues.2
For instance, when reviewing AG activity in NY, CA and TX, officer and police accountability-related enforcement in the first six months of 2025 surged by 103% when compared to the same period in 2024. Similarly, immigration-related announcements have risen by 389%, while the data privacy-related category is up by over 150%. In an especially notable development, enforcement tied to reduction in federal and public funding — virtually absent in 2024 — now accounts for 6% of all 2025 cases.3
Other categories showing significant upward trends include civil rights, education, governance and energy-related issues.4 Some of these may reflect long-standing political or policy concerns, but the sharp increases suggest something broader: AGs are expanding their mandate, entering areas that have traditionally been managed by federal agencies, or that previously received little enforcement attention at all.
Categories Trending Up in First 6 Months of 2025 Compared to 2024
New Priorities Reflect New Political Realities
Much of this evolution can be attributed to shifting political dynamics at the federal level. As national agencies slow down or recalibrate their agendas, state AGs are stepping in — often explicitly stating that they are acting where Washington will not. This shift is not just about policy gaps; it’s about visibility and leadership.
In 2025, state AGs are using enforcement as a platform — not just for regulatory outcomes, but for political signaling. This explains why we are seeing increased attention on high-impact public interest themes, such as civil rights, reproductive health, labor protection and voting access. Enforcement is also becoming more data-driven and technical, with AGs investigating issues like third-party data transfers, biometric data use and algorithmic bias — areas once thought to be the domain of specialized federal agencies.
For companies, this means enforcement can now come from multiple angles. A data breach that once triggered an FTC inquiry might now lead to parallel inquiries from several AG offices — each with its own discovery demands, public messaging challenges and political calculus.
The Legal Industry Responds: The Rise of AG-Focused Practices
Unsurprisingly, law firms are taking note. Over the past year, a growing number of national and regional firms have launched or expanded State AG-focused practices, staffed with attorneys who understand the investigative methods, political dynamics and policy objectives that drive AG offices. These practices often span multiple disciplines — litigation, white-collar defense, regulatory compliance and government affairs — and are built to help clients manage the unique challenges of AG enforcement.
There are a few reasons for this trend. First, responding to AG inquiries from multiple states can require a different playbook than federal investigations given the nuances in access to public records, political stakeholders, local media attention or overlapping state-federal jurisdiction. Second, many AG offices are becoming increasingly collaborative — working in multi-state coalitions and pursuing coordinated actions — meaning a single, state-specific issue can quickly grow into a nationwide concern. And finally, enforcement from AGs tends to unfold in the public eye, leading to increased reputational risk.
Conclusion: Enforcement is Fragmenting, Fast — and Staying Ahead Requires a Broader Lens
The first half of 2025 makes clear that state AGs are no longer secondary enforcers — they are increasingly the tip of the spear. Their priorities are expanding, their coordination is growing and their enforcement actions are shaping how companies operate, communicate and govern themselves.
Law firms with strong AG practices are likely to focus on an interdisciplinary approach to help clients respond to enforcement activity more effectively—spotting emerging risk areas based on enforcement data, anticipate where their clients’ business models may come under scrutiny, and help ensure controls are in place to mitigate issues before they arise.
As enforcement continues to fragment across political, geographic and policy lines, companies need to be prepared to respond quickly, transparently and effectively — in ways that speak to regulators, shareholders and the public. And it means building the right partnerships — legal, strategic and investigative — to navigate a world where enforcement can come from any direction.
Footnotes:
1: FTI Consulting’s analysis is based on review of press releases issued by the three AGs and categorizing the nature of the AG activity.
2: “News Releases,” Attorney General of Texas, News Releases | Office of the Attorney General
3: “News Releases,” New York State Attorney General, Press Releases | New York State Attorney General
4: “News Releases,” Rob Bonta, Attorney General, Press Releases | New York State Attorney General
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