In a recent case involving TikTok and the state of North Carolina, the social media giant was compelled to produce detailed information for 98,000 meetings, despite its claim that this violated its Fourth Amendment rights. As noted by Troutman Pepper’s Ashley Taylor, Robert Angle and Mackenzie Jessup in a recent article for Law360, this case highlights the differences between responding to state investigations and standard civil litigation.

State attorneys general have broad rights to request information from companies operating within their jurisdiction, often requiring companies to make broader productions than those in civil suits. Companies often mistakenly believe they can prevent or limit the production of sensitive information through objections, as in civil litigation. However, state statutes typically grant leeway to seek such information and specify protections for it.

Aggressive and evasive discovery tactics that may work in civil litigation often backfire in state AG investigations. Courts tend to view enforcement actions on civil investigation demands differently than typical discovery disputes between private parties, often affording state AGs more leeway in enforcing civil investigation demands.

Our state AG team is experienced and skilled in helping clients successfully navigate their most-complicated state AG investigations and enforcement actions.