Litigation on Behalf of State & Local Governments
State and local governments are increasingly turning to the courts to protect their prerogatives in our federal system on behalf of their citizens. In their proprietary capacity, state and local governments can participate in the marketplace and have interests much like other commercial enterprises. State governments, however, are also sovereigns. They have distinct interests critical to the operation of our federal system. Most obviously, states have taken to the courts to defend their constitutional prerogatives against overreaching by the federal government. In addition, states have the unique responsibility as parens patriae to protect the well-being of their citizens, including their physical, economic, social, and environmental well-being. States and local governments are finding it necessary to turn to litigation to vindicate their interests in all these capacities.
States and local governments have limited legal staff, and are increasingly turning to outside counsel to assist their in-house attorneys. The lawyers at MCK have seen it all, having represented governmental entities, either as plaintiffs or defendants, from states as diverse as Virginia, North Carolina, Georgia, Maine, Colorado, and Nevada. Not only can litigation raise unique legal issues, but attention to political sensitivities is required. Informed by our own service in government, MCK attorneys bring personal experience and legal expertise to the service of state and local governments.
Finally, states and local governments are handicapped by tight budgets. Our flexible fee structure and our willingness to explore alternative compensation methods with our clients make us an attractive, practical resource to assist these governments in their litigation.