Counsel, Litigation and Regulatory Affairs
Competitive Enterprise Institute
Washington, DC
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 and Regulatory Affairs. 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. Think tank or non-profit experience is a plus.
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 position but does not carry the department-wide management, supervisory, or acting-lead responsibilities assigned to Senior Counsel. 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.
The Counsel will be based in CEI’s Washington, DC office.
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
- Draft and review regulatory comments, petitions, agency submissions, testimony, and legal analyses involving federal and state regulatory action.
- Analyze proposed and final agency actions for statutory authority, Administrative Procedure Act compliance, constitutional concerns, and potential judicial review.
- 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, without serving as their formal supervisor unless specifically designated.
- 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.
- Approximately 6–9 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.
- Willingness to engage in occasional travel (approximate travel: 10%)
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 drafting regulatory comments, petitions for review, or amicus briefs.
- Familiarity with nonprofit, public-interest, or mission-driven litigation.
Characteristics
If you believe this position may be a good fit, the following will describe you:
- 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.
To Apply
Qualified candidates should submit the following application materials (in order) in one PDF document:
- A cover letter explaining the candidate’s interest in CEI, relevant litigation experience, and philosophical alignment with CEI’s mission;
- A résumé;
- Two legal writing samples, preferably briefs, dispositive motions, appellate filings, or regulatory submissions that principally reflect the candidate’s own work; and
- Salary expectations.
Applications should be submitted to Talent Market via this link:
https://talentmarket.org/candidates/apply-for-your-dream-job/
Questions can be directed to Claire Kittle Dixon, President of Talent Market, who is managing the search process: [email protected].
There is no application deadline for this position. Applications are accepted on a rolling basis. This job will remain posted on our site until it is filled.
While we thank all applicants in advance for their interest in this position, we are only able to contact those to whom we can offer an interview. Only direct applications will be considered. No phone calls, please.
Talent Market, the liberty movement’s talent agency, is a nonprofit that connects liberty-minded professionals with free-market nonprofit jobs at no cost to candidates or organizations. We work with 501(c)(3) organizations that clearly and directly focus on advancing the principles of economic freedom, free enterprise, free trade, free speech, property rights, rule of law, and limited regulation. Visit Talent Market to explore open roles, join our talent network, or work with us on your next hire.