Businesses are increasingly using the Constitution to challenge government action, particularly new regulatory or statutory requirements. Kilpatrick Townsend understands that litigation against government officials or entities can be very different from litigation among private parties. The presence of policy issues, and of special sovereignty-based defenses, privileges and other issues, can pose unique challenges as well as present opportunities throughout the course of a lawsuit.
Our Constitutional Litigation practice, in combination with our Appellate & Supreme Court and Government & Regulatory practices, is comprehensive. We have represented both plaintiffs and defendants in constitutional disputes based on federal and/or state constitutional provisions, in federal and state trial and appellate courts, including the Supreme Court of the United States. We have litigated constitutional cases involving both the United States Constitution as well as various state constitutions, and involving a wide array of subject areas, including but not limited to: the First Amendment, the Dormant Commerce Clause, the Takings Clause, Separation of Powers doctrine, the Equal Protection Clause and the Due Process Clause. Our Constitutional Litigation practice has been retained to engage in affirmative litigation by business clients seeking to enjoin federal, state, or local laws or regulations based on violation of the state or federal constitutions; defend constitutional claims on behalf of business clients; and advise clients on the strength of possible constitutional claims and on litigation strategy. Our attorneys are well-versed in constitutional law and have experience in understanding the unique aspects of constitutional litigation.