We routinely handle litigation against, with or for the government in a variety of contexts, including
- constitutional and preemption challenges to legislation;
- challenges to agency action under the Administrative Procedure Act;
- regulatory enforcement actions;
- False Claims Act litigation;
- government contract litigation; and
- international litigation involving the United States or foreign governmental institutions.
A successful government litigation strategy must take into account legal doctrines applicable to litigation involving the government, including sovereign immunity, ripeness, mootness, standing, the availability of pre-enforcement relief, abstention and deference. Our lawyers have experience in the constitutional, administrative and statutory law that applies uniquely to litigation with or involving governments.
Effective representation in government litigation also requires consideration of the government's institutional interests and decision-making processes. These interests and processes often differ substantially from those of private litigants. Our experience allows us to take advantage of the opportunities presented by these distinct rules, constraints, operations and motivations. By combining the group's knowledge of the issues that arise in government litigation with the substantive capabilities of the firm's regulatory practices, we are well positioned to handle complex regulatory, administrative or constitutional litigation involving a range of governments.