Washington, D.C. (hybrid; regular in-office presence required)
Reports to
General Counsel
COUNSEL
Litigation
Organization
Competitive Enterprise Institute
Location
Washington, D.C. (hybrid; regular in-office presence required)
Reports to
General Counsel
About CEI
The Competitive Enterprise Institute (CEI) is a nonprofit public policy organization dedicated to advancing the principles of limited government, free enterprise, and individual liberty. CEI employs a full-service approach to policy change that includes litigation and legal advocacy, original research, communications campaigns, and direct engagement with policymakers. We work to reform America’s unaccountable regulatory state, protect property rights, and remove unnecessary government barriers to innovation and prosperity.
Position Summary
CEI seeks an experienced litigator to serve as Counsel for Litigation. This position is designed for an attorney who can assume substantial responsibility immediately: independently evaluate potential cases, develop litigation strategy, draft and review court filings, manage discovery and administrative records, and drive matters forward from inception through resolution with limited day-to-day supervision.
The Counsel will report to the General Counsel and work closely with Senior Counsel, Associate Counsel, CEI policy experts, and outside counsel. The role is senior to CEI’s Associate Counsel but without Senior Counsel’s management or acting-lead responsibilities. The successful candidate will exercise mature legal judgment, communicate directly with clients and litigation partners, and help translate CEI’s policy expertise into disciplined, high-quality legal advocacy.
Key Responsibilities Litigation and Case Management
- Take principal working responsibility for assigned federal and state litigation, including constitutional, administrative-law, statutory, and economic-liberty matters.
- Investigate facts and legal theories; assess standing, jurisdiction, causes of action, remedies, procedural posture, evidentiary needs, and litigation risk.
- Draft and revise complaints, petitions for review, motions, briefs, declarations, discovery requests and responses, administrative-record materials, settlement documents, and appellate filings.
- Manage assigned matters from pre-suit analysis through discovery, dispositive motions, trial or merits proceedings, appeal, and resolution, in coordination with the General Counsel and Senior Counsel.
- Maintain command of deadlines, court rules, filing requirements, case records, budgets, and next steps; promptly identify strategic, ethical, or operational issues requiring escalation.
- Prepare witnesses and organizational representatives for interviews, declarations, depositions, hearings, and other proceedings.
Legal Strategy and Partnerships
- Help identify and develop affirmative litigation opportunities consistent with CEI’s mission and institutional priorities.
- Coordinate effectively with outside counsel, pro bono firms, public-interest litigation organizations, clients, amici, experts, and coalition partners.
- Draft and supervise amicus briefs and support CEI’s participation as plaintiff, petitioner, intervenor, or amicus where appropriate.
- Provide candid, practical recommendations to the General Counsel and organizational leadership concerning litigation strategy, exposure, costs, and institutional considerations.
Regulatory and Policy Work
- Work with CEI policy experts to develop legally sound positions and preserve issues and records for possible litigation.
- Translate complex legal arguments into clear memoranda, policy publications, talking points, and other materials for non-lawyer audiences.
Team and Institutional Responsibilities
- Provide substantive guidance and constructive review to less-experienced attorneys and legal fellows on assigned matters.
- Collaborate with CEI’s policy, communications, development, and operations teams while protecting privilege, work product, client confidences, and litigation strategy.
- Assist with internal legal review, conflicts analysis, engagement arrangements, records preservation, and compliance matters connected to CEI’s legal work.
- Represent CEI professionally in court proceedings, agency meetings, coalition discussions, conferences, public panels, and other external settings, as appropriate.
Required Qualifications
- J.D. from an ABA-accredited law school and active membership in good standing in at least one U.S. jurisdiction; admission to the District of Columbia Bar, or eligibility and willingness to become admitted promptly, is required.
- 6+ years of relevant legal experience, with substantial hands‑on civil litigation experience in a law firm, government, public‑interest organization, or comparable setting. Exceptional candidates with a different experience range may be considered.
- Demonstrated ability to take meaningful responsibility for complex litigation matters with limited supervision.
- Excellent legal research, writing, editing, analytical, and oral‑advocacy skills.
- Working knowledge of federal civil procedure, appellate procedure, discovery, jurisdiction, standing, and remedies.
- Sound professional judgment, strong organizational habits, and a reliable record of meeting litigation deadlines.
- Ability to work constructively with lawyers, policy experts, clients, witnesses, outside partners, and non‑lawyer colleagues.
- Commitment to CEI’s mission of advancing individual liberty, free enterprise, limited government, and accountable regulation.
Preferred Qualifications
- Experience litigating Administrative Procedure Act, constitutional, regulatory, separation‑of‑powers, property‑rights, or economic‑liberty matters.
- Federal appellate or administrative‑record litigation experience.
- Experience taking or defending depositions, handling expert witnesses, arguing motions, or otherwise serving in a lead or substantial courtroom role.
- Experience working with the U.S. Department of Justice, federal or state agencies, or government enforcement matters.
- Experience draftingamicus briefs.
- Familiarity with nonprofit, public‑interest, or mission‑driven litigation.
Characteristics
- A strong communicator with excellent legal writing and oral communication skills; public affairs experience is a plus.
- Detail‑oriented and proud of producing accurate, high-quality work.
- A self‑starter who takes ownership, anticipates next steps, and follows through.
- Strategic and practical, with the judgment to distinguish significant legal risks from issues that can be resolved efficiently.
- Curious and policy‑minded, with the ability to distill complex legal and policy ideas into factually accurate and engaging work for external audiences.
- Adaptable in a fast‑moving environment with shifting priorities and able to maintain a constructive attitude when needs change.
- Collaborative, but comfortable working independently and making well‑supported recommendations.
- Philosophically aligned with CEI’s mission and vision. Please see cei.org for a deeper understanding of the organization’s policy agenda.
Compensation and Benefits
CEI offers a competitive salary commensurate with experience and a full benefits package, including health insurance, a 403(b) retirement plan, generous leave, and professional‑development support. The salary range is $130,000.00 to $150,000.00 based on experience.
Work Authorization
Applicants must be legally authorized to work in the United States at the time of application and throughout employment. CEI does not provide visa sponsorship now or in the future for this position.
- CEI is an equal opportunity employer. We value a workplace in which employees are treated fairly and encourage qualified candidates from all backgrounds to apply.