Voiceover (00:01):
Welcome to On the AGenda, Steptoe's Guide to State Attorney's General and other enforcement, regulation, and compliance matters. From AI to smokestacks, consumer protection to financial services, data privacy to antitrust. Join Steptoe's seasoned litigators, counselors, and advisors as they deliver the critical insights and industry knowledge that government officials respect and that companies, nonprofits, and executives can use to navigate whatever legal challenges they face.
Shannen W. Coffin (00:31):
Welcome to On the AGenda, Steptoe's podcast focused on the state attorney general world. I'm Shannen Coffin and I co-chair Steptoe's Appeals and Advocacy Practice. With me from Steptoe today is Benjamin Saul, a partner in Steptoe's financial innovation and regulations practice, where he heads Steptoe's banking team. Hello, Ben.
Benjamin M. Saul (00:53):
Hi, Shannen.
Shannen W. Coffin (00:54):
Our guest today is Brenna Bird, who has served as the Attorney General of Iowa since 2023. Brenna, who's also an old friend of mine, has also served as a prosecutor, a county attorney, and legal counsel to former Iowa governor, Terry Branstad. She's a graduate of Drake University and University of Chicago Law School. Attorney General Bird, welcome to our podcast.
AG Brenna Bird (01:17):
Yeah, thank you. It's good to see you.
Shannen W. Coffin (01:19):
Good to see you as well. We always like to begin with letting our listeners get to know a little bit about the Attorney General. So let's begin with your story. You've got a remarkably varied background as an State Attorney General, a county prosecutor, a state executive council, a federal legislative counsel, law professor, military, spouse, and mom. Did I miss anything there? We appreciate you taking time with underachievers to talk to underachievers like Ben and me. But generally speaking, how's your background? How's that background help shape you as an attorney general?
AG Brenna Bird (01:56):
Well, it definitely helps. I think the most important thing though in my background is I was born and raised on a farm here in Iowa and coming from agriculture and coming from the farm where you get up early, you take care of the animals they eat before you eat and you learn how to get things done. I think that's been the most valuable kind of training I've ever had.
Shannen W. Coffin (02:17):
Here at the Agenda, we're very interested in all the various roles that all the different Attorneys General play. And you are an elected AG. You're serving in your first term. You play all sorts of roles. You're a legal advisor to the entire state government. I think you handle all the appeals out of the county attorneys and the like. Tell us about some of those different hats you wear as attorney general and about some of the resources you bring to the table for those jobs.
AG Brenna Bird (02:45):
Well, there are a lot of different rules in our office that serve people in Iowa. So we are the top law enforcement officials. We work with all the county attorneys. We have statewide criminal jurisdiction as well. We do all the criminal appeals. We provide victim services grants and work to serve victims of crime. That's something that's really important to me as a prosecutor to be able to do that and help the whole state. But we also have other roles within our office. I have a group of attorneys that works to collect child support. Another group of attorneys that works to protect people who have been ripped off by scammers or con artists or having pretty serious problems with businesses, our consumer protection folks. We handle the civil litigation for the state, the appellate position for the state, and we advise the different agencies and state governments.
(03:33):
So we do a lot of state and federal administrative law in our office. So we touch on a number of different areas of the law. That's one of the things that makes it so interesting. And we do, we have the largest group of lawyers. So we are the largest law firm in the state of Iowa as well. So we have a lot of great people as part of our team. And one of the things I'm proudest of so far after three years is several members of our team have gone on to become judges or US attorney. And I really appreciate their public service and that it started in our office.
Shannen W. Coffin (04:04):
So how big is your staff? How big is the Attorney General's office?
AG Brenna Bird (04:08):
It's usually right around 250 and about 150 of them are lawyers.
Shannen W. Coffin (04:12):
And you have a state solicitor general as well.
AG Brenna Bird (04:16):
We sure do. Absolutely. We have a solicitor general. That's a key role looking at the appellate position of our state, making sure our arguments are solid and consistent, pulling together great legal arguments and support of what the people of Iowa need. We also, as part of that, particularly during the Biden administration, had a lot of actions against the federal government where we were standing up for the rights of Iowans and standing up for Iowa agriculture and Iowa farmers in that administration. And now that same team is working with the Trump administration as we resolve many of those problems of the past and make things better.
Shannen W. Coffin (04:52):
So Ben wants to talk about some of the, Ben's backgrounds in banking and consumer protection, and I think he has some questions about that function, which is an important function in your office.
Benjamin M. Saul (05:03):
So of course the banking guy wants to talk about banking stuff, but I'd love to hear a little bit about how you think about balancing consumer protection on the one hand with financial innovation on the other, especially with the advent of technologies like AI and blockchain proliferating in lots of different ways in everyday citizens' lives.
AG Brenna Bird (05:24):
In some ways, I think the principles that I have as a state attorney general for consumer protection are pretty timeless, even with some of the exciting new technologies that we have, whether we're talking about blockchain or AI or some of the different innovations that have happened. We still look out for what is best for consumers or people being told the truth, things like disclosures and things like that. And then it's a principle in our office that when there is a new technology, we take a look at that. We certainly don't assume that every new technology is something bad. That's not the case, but there are times that a technology can be abused or misused. And so we do keep an eye out for those times, but part of the way that we do that is by having a dialogue so that we can understand how technologies are being used and how they are affecting Iowans.
(06:13):
But we go back to those tried and true principles of consumer protection, looking out for the people of our state just to make sure they're not being taken advantage of.
Benjamin M. Saul (06:23):
Makes good sense. In terms of financial services companies, especially as those that are operating nationwide, particularly FinTech firms, what advice would you give them about engaging constructively with your office or other state attorneys general as they enter markets and look to innovate?
AG Brenna Bird (06:42):
I think the key there is a FinTech firm who's looking to be a good corporate citizen, wants to do things the right way. One of the things that they face is they may face competition from people who don't do things the right way or cut the wrong corners. And so it's important for them to reach out and make sure that our state AG's office understands what they're doing, how things work, and understands the protections that are there for people. And then if there are any concerns that we can talk those through to see what can be done to address those issues or to correct something if something needs to be corrected. But we find that many innovators, they want to be not just innovative, but also best in class and build that reputation. So we've had some good dialogues and some good discussions on that.
Benjamin M. Saul (07:30):
Another area where we see a lot of focus and attention on the part of industry is combating frauds and scams. And I know in 2025, your Consumer Protection Division handled over 4,000 complaints involving whole host of issues. How do you view your role in addressing these types of frauds and scams and where will you target resources in 2026?
AG Brenna Bird (07:55):
Well, I really do differentiate between things that I will call scams, frauds, operations by con artists. And then on another side of consumer protection, it might be a business that's otherwise good business, but made a mistake or is having a customer service problem. We certainly want to make sure every customer is well taken care of by a business and that those problems are resolved, but we treat them very differently because that business with a mistake or customer service problem, that can be resolved and they can be communicated with. When we're talking about the con artist side of things, we are seeing a huge rise in the number of imposter scams where people are taken advantage of and they are lied to by con artists that are pretending to be something that they're not. Whether they're pretending to be law enforcement, fake law enforcement, whether they have a fake job offer, lottery win, we've seen a big uptick in romance scams, which are particularly devastating as the person who unfortunately is hurt by them, the innocent Iowan, believes that there's a real person on the other side of the phone or the internet communication.
(09:03):
It's very devastating for people. We found Iowans have lost a lot of money in that way and we want to do everything we can to protect them. So with that, we really engage in education. And then if someone needs help, my office is there to help them working together with law enforcement.
Benjamin M. Saul (09:18):
That's great. It's a real focus on our financial services clients' radar because they have consumers that fall victim to these scams on the payment rails and various other things. So it's great to hear that resources are being focused there. In terms of industries that present higher risk from a consumer protection standpoint, what do you see as the potential areas of risk that your office is focused on?
AG Brenna Bird (09:44):
I think sometimes when we're looking at some of the big social media companies to make sure that they're following the rules, especially when it comes to children, people under the age of 18, I think that can be a risk area. And that's something that's very important to me as a mom as well, something many parents care about. And then I think some other risk areas or any area where there's an issue with disclosure or an accuracy of disclosure, making sure people have that information and understand what is being done with their personal information or understand what is going to be the impact of a lending type decision. Those types of things are very important so that people have the tools they need and are armed with that information. And probably the third area that I would highlight, I also think it's important with certain types of situations that a consumer or Iowan would opt in to disclosing certain things rather than the burden to be on the person, the individual, to understand all of the policies of a large company and then know how to opt out.
(10:44):
And so just common sense, making sure that people have the power there and that they can make decisions and the way that they want to make those decisions that are best for them and not instead be caught by not understanding how their data, for example, was going to be used and not realizing that they had to opt out rather than opt in.
Benjamin M. Saul (11:03):
Great. That makes sense. Appreciate that. I know Shannen had some questions regarding the interplay between the states and the federal government and the sort of regulatory overreach that sometimes takes place in that federalism dynamic, but I'll let Shannen take it over from here.
Shannen W. Coffin (11:19):
Attorney General Bird, you've had a long history in both state and federal government. You went from, I guess, cattle Congress to the US Congress, right, to make a Black County joke. So tell me, I just gave up that I lived in Waterloo for five years, I think. How has your experience as a former Hill staffer shaped your perception of state power and the balance of state and federal power?
AG Brenna Bird (11:43):
Well, I mean, it's certainly shaped it a lot. I think it's very important to recognize the way our constitutional system works and the way it's intended to work. And some of the most important responsibilities are responsibilities of state government or they're the reserve to the people themselves. The people are responsible for that. And so looking at that balance between the state and federal government, it's very clear to me that there's no one size fits all way to handle many of these issues. And I think that's why some of the big government national approaches ultimately fail. And the states are well situated to deal with a number of important issues, whether it's criminal justice issues or even something as important and essential as air and water quality, our state regulators are in a much better position to keep our air and water clean here in Iowa because every state has different concerns.
(12:38):
And one of the things that we have here in Iowa is a very special type of soil and drainage and all of those types of things that every state is just a little bit different that way. So as Attorney General, I have worked hard to make sure that we're standing up for Iowa and making sure that people aren't burdened by regulations that don't actually achieve the goal that they are trying to achieve in the end. And so one of the things I did when I got elected was to start a Farm and Freedom Team. And that's within our Solicitor General's office where we work to defend agriculture and defend our constitutional freedoms when it comes to the federal government. And now we're seeing some overreach from certain large states like California that want to throw their weight around a little bit. And so we go to court on behalf of farm families to stand up for Iowa farmers that they shouldn't have to live under California's rules.
Shannen W. Coffin (13:31):
Yeah. Yeah. I was going to ask you about that. I see your name leading a lot of attorney general coalitions in lawsuits. And just to take that example, you led a coalition of attorney generals challenging EPAs, basically letting California dictate emission standards to the rest of the country. What sort of issues get you excited to pick up the pen and how do you decide that this is something that as attorney general is important for me to weigh in on in litigation that Iowa may not be involved in otherwise?
AG Brenna Bird (14:01):
One of the things I do is I look and see how an issue impacts Iowans, whether it's our Iowa businesses or farmers or the rights of Iowans. And then we see what the opportunities are to make a difference there. And there really are a great number of opportunities to stand up for what is right for our constitution and to make sure that balance of power is righted. Where smaller states, we don't want anyone to take advantage of us because we are a smaller state. And when we go to court, our legal arguments are just as valid before the judge. And I think because they're sound, they're even better than a big state would be. And so we're on an equal playing field there, standing up for what is right under our laws and constitution and holding, whether it's the federal government or another state's feet to the fire to make sure that they aren't trying to take advantage of smaller states or agricultural states.
(14:53):
So there's a number of areas where we get involved. We also look at impact on our individual liberties, our constitutional rights, and just at the end of the day, it's what's going to be best for Iowa and what Iowans need.
Shannen W. Coffin (15:06):
So how do these issues come to you? I mean, do constituents bring them? Do businesses come to you and how's that interface work?
AG Brenna Bird (15:13):
So Iowans bring them to me. I will have state legislators or mayors or folks who are on the county board of supervisors bringing issues to me. Our staff also proactively looks at what is going on and we do that. And then the other thing I do is I make sure that I work in every single county in Iowa. We have 99 counties. I make sure I'm working in every county every year so that I'm always staying in touch with what is going on. And I find out about a number of issues that way by doing different types of visits, whether it's visiting with some cattle farmers to see what they're dealing with or a dairy or a factory or a restaurant or with our law enforcement, keeping my finger on the pulse of what's going on and being available when issues come up so they can let me know about it and we can see what we can do to help.
(16:02):
So it comes from a lot of different people around Iowa and also from our own staff. They know the types of things that we want to make an impact on and a lot of good ideas come from our team as well.
Shannen W. Coffin (16:15):
Let's talk a little bit about your criminal priorities.
AG Brenna Bird (16:18):
There's a lot that we're doing there, that is for sure. We have built out a statewide prosecution team. That is a team that helps all over the state with usually murder cases and sexual assault cases, key cases in different counties around Iowa. We've also stood up a cold case unit where we work to investigate and work with law enforcement all over Iowa to solve the other over 400 unsolved homicides, some of them very old. We just have a trial coming up in a murder case where the victim was killed 36 years ago, so we don't give up with the passage of time. And then another big priority of ours, of course, is helping victims of crime. That's something that's really close to my heart as a prosecutor, making sure that we're looking out for victims. And often people that are a victim of crime don't have the resources to recover from that, whether it's domestic violence or another type of crime, it can be really tough.
(17:17):
And so we want to be there so that, for example, a victim of domestic violence doesn't have to go back to their abuser because they don't feel like they have other options. So we have a program where we can reimburse out- of-pocket costs to go to court and depositions, but also change the locks if that's what they need, other types of ways that we can help to support them, pay for counseling, make sure they have an advocate to come to court with them. Iowa has a really solid victim services program that serves victims all across the whole state of Iowa. And we're always looking for ways to make that better and to provide better services to victims, and also to make sure that we are working with prosecutors and law enforcement to hold criminals accountable and get justice for those victims.
Shannen W. Coffin (18:03):
The US Department of Justice put out something last week about how companies who have concerns from internal investigations and the like, how they should approach DOJ and how DOJ handles criminal investigations, sort of some guidelines on the investigative process. And they had this flow chart. And the first item on the flow chart, which everything flowed from was self-reporting. Did you self-report? But for companies that discover a compliance issue in Iowa, are there opportunities to engage in dialogue with your office regarding those investigations?
AG Brenna Bird (18:36):
There are. I mean, it very much would depend on the type of issue that has come to light or the problem at issue, but we do meet with companies and others, especially companies that are trying to do the right thing where something has happened that maybe was unknown to leadership or was otherwise something that didn't go right, that can happen. And so sometimes we will talk with them, but it's very much, I think, context specific. Obviously it's our job to enforce the law, but when we have someone who's coming forward and letting us know that something didn't go very well, I think that does put them in a more favorable light when they are the ones coming forward and letting us know about it. And then we see what needs to be done to make it right going forward, whether it's making anybody who is hurt by the problem whole, or depending on the issue, the types of response that come from a regulatory perspective.
(19:27):
But it certainly is good to have that dialogue if it's the type of issue where you can have that dialogue back and forth. And I think it's a good idea if a company's able to reach out. I think that's very helpful.
Shannen W. Coffin (19:38):
So what's your closing message then to companies that are doing business in Iowa about how to work with the Attorney General's office?
AG Brenna Bird (19:46):
I think one thing to know is we are glad to meet with people at any time, myself and my team. And so building that relationship, we're glad to do that. So if people want to talk, we are glad to do that. And then when problems come up, you know who to talk to and we know something about the company as well, but we are there to meet as we are doing our work on behalf of the people of Iowa. We're glad to listen and to understand things from that perspective as well, and that can be very helpful. So you're very welcome to engage in those discussions, and we certainly appreciate that as well so that we can do a better job.
Shannen W. Coffin (20:23):
Attorney General Brenda Bird, Ben and I greatly appreciate the time you've taken with us. We know you're a busy person. I think it's great that we can dialogue like this and give people a chance in the legal community to get to know you.
Benjamin M. Saul (20:36):
Indeed, thank you. 
AG Brenna Bird (20:37):
Well, it's good to see you again.
Shannen W. Coffin (20:39):
Thank you for your time.
AG Brenna Bird (20:40):
Thank you so much. I appreciate both of you. Always good.
Shannen W. Coffin (20:43):
It is always a pleasure to see you and hope we get to see you next time you're in Washington, DC.
AG Brenna Bird (20:48):
All right, sounds good.
Shannen W. Coffin (20:49):
All right, take care.
Voiceover (20:51):
Thanks for listening to On the AGenda from Steptoe. Subscribe in your favorite podcast app so you don't miss future episodes. To learn more about Steptoe, visit steptoe.com. When the stakes are high, experience matters.






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