Our work on complex constitutional, statutory, and regulatory issues extends to trial practice and pre-litigation counseling. We have brought constitutional and statutory challenges to major federal and state initiatives and have prepared many white papers and memoranda addressing the legality of proposed laws or rules. We routinely consult with clients on legal issues before litigation is underway and frequently represent clients in dispositive motions practice in litigation involving high-stakes or novel legal disputes.
While much of our strategic counseling work is confidential, representative matters handled by our attorneys include:
Secured a permanent injunction against an executive order retaliating against WilmerHale for its constitutionally protected speech and representations and association with former Special Counsel Robert S. Mueller III.
Successfully represented trade associations of social-media companies in securing a preliminary injunction on First Amendment grounds against a Florida law regulating minors’ use of social media and imposing age-verification requirements.
Secured a preliminary injunction on behalf of a trade association of internet companies on the grounds that a Georgia law regulating online transactions is preempted by the federal INFORM Act.
Successfully represented Illinois residents and firearm businesses in a four-day trial resulting in a permanent injunction on Second Amendment grounds of an Illinois law banning firearms and feeding devices commonly used for lawful purposes.
Successfully intervened on behalf of a transmission utility to secure a declaration that a Texas right-of-first-refusal law violates the dormant Commerce Clause and a permanent injunction enjoining its enforcement.
Successfully represented Regeneron in an APA challenge to the HHS’ “most-favored nation” drug-pricing rule, obtaining a preliminary injunction preventing the proposed rule from going into effect; HHS eventually withdrew the rule after a change in administrations.