Massey & Gail has a wide range of experience in constitutional litigation. For example, we represented Vice President Al Gore in the 2000 Presidential election recount litigation, homeless vets claiming violations of their rights to government benefits, school children asserting rights to educational equality, and prison inmates asserting free exercise claims against grooming restrictions.
But our constitutional advocacy is not limited to conventional civil rights claims. We have also successfully developed constitutional arguments for our commercial clients, allowing them to vindicate their fundamental rights to free speech, due process, and property. For example, we have advocated for:
- commercial clients facing administrative schemes that deny due process by depriving targets of agency adjudications prior notice and a meaningful opportunity to be heard;
- real estate developers facing confiscatory zoning rules and constitutionally inadequate compensation under inverse condemnation procedures;
- investment funds, regulated public utilities, and telecommunications companies facing unconstitutional limits on their speech and marketing activities;
- commercial clients facing unconstitutionally excessive statutory damages in copyright and similar contexts, where the aggregation of penalties can potentially reach draconian amounts; and
- websites facing assertions of personal jurisdiction by state courts on the ground they are accessible from the forum via the Internet.
We regularly try high-stakes, complex cases across the country in every type of forum—state and federal courts, administrative tribunals, arbitrations, and other dispute resolution proceedings—with great success. Our decades of experience in the courtroom, plus our deep bench of seasoned attorneys, give us uncommon litigation firepower. We are often asked to step in to try an already pending case after a client reexamines its trial team.
We have briefed and argued appeals in the U.S. Supreme Court, every federal circuit, and innumerable state courts. We handle appeals in every conceivable scenario—where our firm conducted the trial below and where we didn’t; where we are hired to replace existing counsel and where we are asked to work cooperatively alongside them. Whatever the circumstances, we provide a valuable, fresh appellate perspective and deliver excellent results for our clients.
We regularly represent clients before federal agencies and in state administrative and regulatory proceedings. We often use those proceedings as tools to resolve our clients’ business issues as an expeditious and cost-effective alternative to litigation. We also assist clients in submitting comments to proposed rules, meeting with government officials, and challenging agency rules after adoption. In addition, we have prepared court of appeals and U.S. Supreme Court briefs on important questions of administrative law.
We help clients understand and evaluate the costs and benefits of different options for resolving the issues they face. We understand that litigation is often the last resort rather than the first choice, and we strive to formulate out-of-the-box strategies for meeting client needs in a cost-effective and timely way. Our nimble teams of experienced attorneys identify innovative solutions where other firms cannot. We also help our in-house clients manage outside counsel in particularly large or fast-paced matters.