Lead LitigatorChildren's Health Defense

Department Overview

The Center for Impact Litigation is CHD’s strategic litigation division, dedicated to developing and pursuing high-impact litigation that advances CHD’s mission, establishes important legal precedent, protects constitutional and civil rights, and promotes government and institutional accountability.

The Civil Rights & Health Freedom Division focuses on litigation involving health freedom (including medical freedom), informed consent, constitutional law - including, among other things, protecting and seeking to restore religious freedom, free exercise, parental rights, bodily integrity, and free speech (including fighting censorship). The division’s litigation includes or is anticipated to include actions against corporations, entities, individuals, and state and federal governmental agencies, in particular public health agencies, including use of the Administrative Procedure Act and other administrative laws. The Division also will take action through Citizen Petitions and similar mechanisms to advocate for change and potentially as a precursor to litigation. Additionally, the Division will author and file amicus briefs in appropriate cases to support other organizations and individuals in areas relevant to the Division’s work and CHD’s mission and will coordinate with the Advocacy Department to address mission-aligned issues on state and federal levels.

The Division’s current litigation portfolio includes religious exemption and accommodation cases, vaccine policy litigation, vaccine injury compensation matters, First Amendment medical speech and censorship cases, PREP act litigation, administrative and FOIA litigation, and other constitutional and civil rights challenges. The existing portfolio includes matters pending before federal and state trial-level courts, as well as matters before the First, Second, and D.C. Circuits. 

Position Overview

The Lead Litigation Counsel is the Division’s senior litigation attorney.  Working under the Managing Director, this role leads development, strategy and execution of the Division’s active and prospective case portfolio.  This is a new seat in a new division is responsible for identifying strategic litigation opportunities aligned with CHD’s mission and the scope of the Division’s focus; developing case strategy; drafting and reviewing pleadings, motions, and other filings; conducting discovery; appearing at Court conferences, hearings, and trials, mediations, and arbitrations; developing appellate strategy; coordinating litigation teams, and supervising legal staff and outside counsel as assigned.

The Lead Litigation Counsel will be responsible for complex and precedent-setting matters involving health freedom, informed consent, constitutional law, including religious freedom and free exercise, parental rights, bodily integrity, and free speech. The division’s litigation portfolio includes or is anticipated to include actions against corporations, entities, individuals, and state and federal governmental agencies, in particular public health agencies, including under the Administrative Procedure Act and other administrative laws.

Litigation Strategy & Case Management

• Identify strategic litigation opportunities capable of advancing CHD’s broader legal and organizational priorities. Develop and implement litigation strategy for active and prospective Civil Rights & Health Freedom cases in coordination with the Managing Director

• Lead cases from initial evaluation and filing through discovery, dispositive motions, trial, and appeal

• Evaluate potential litigation based on jurisdiction, standing, causes of action, available remedies, procedural posture, factual record, plaintiff selection, and potential for favorable precedent

• Develop case plans, litigation timelines, staffing needs, budgets, and resource requirements for the Division's matter

Constitutional & Civil Rights Litigation

• Lead litigation involving constitutional and civil rights issues, including:

  • First Amendment rights

    • Free Exercise and religious liberty

    • Religious exemptions and accommodations

    • Free speech, including medical speech and censorship 

  • Due process

  • Parental rights

  • Informed consent

  • Health freedom and bodily integrity

  • Government accountability

  • Corporate accountability

• Develop and litigate claims under federal civil rights statutes, including Title VII and the Americans with Disabilities Act, and state and local civil rights/human rights laws where applicable

• Litigate cases involving government mandates, such as mandates for public employees, students, healthcare workers, and other restrictions affecting individual medical, health, and religious decision-making and informed consent

• Litigate cases challenging government or institutional actions that interfere with individual or parental medical decision-making. Religious exemption and accommodation cases represent a significant portion of the Division’s existing portfolio, including litigation involving students, teachers, city employees, healthcare workers, and military service members in both state and federal courts

Other Vaccine Litigation

• Litigate matters involving federal vaccine policy and recommendations

• Develop litigation strategies involving vaccine injury and compensation mechanisms, including the Countermeasures Injury Compensation Program and related federal programs

• Work with medical, scientific, and technical experts to develop evidentiary records in cases involving complex medical and scientific issues

• The current/recent portfolio includes litigation challenging the PREP Act, the CICP injury standard, seeking a COVID-19 vaccine injury table, a RICO action, and litigation addressing changes to vaccine recommendations

Administrative Law & Government Agency Litigation

• Develop and litigate challenges to actions by federal and state agencies under the Administrative Procedure Act and other applicable laws

• Lead or supervise Freedom of Information Act administrative appeals and Litigation involving public health and regulatory agencies

• Challenge arbitrary, unlawful, or procedurally deficient government actions affecting health freedom, public health policy, and constitutional rights.

• Develop administrative records and preserve legal issues for judicial review

• Analyze agency actions, rulemakings, guidance documents, and other government decisions for potential litigation opportunities

• The Division’s current portfolio includes FOIA litigation involving CDC, FDA, and NIH records concerning COVID-19 vaccines and vaccine injuries

Trial & Appellate Advocacy

• Draft and review complaints, answers, motions, and supporting documents (such as affidavits/declarations), briefs, discovery, declarations, and other litigation documents

• Lead motions for temporary restraining orders and preliminary injunctions where emergency relief is required

• Promulgate documentary discovery, notices of admissions, depositions, and respond to same from opponents

• Lead or participate in evidentiary hearings, oral arguments, and trials

• Develop appellate strategy and ensure that significant legal issues are properly preserved throughout litigation

• Draft or supervise drafting of appellate briefs, petitions for rehearing, and other appellate filings

• Draft or supervise drafting of amicus briefs

• Maintain familiarity with developments in the U.S. Supreme Court, federal appellate courts, and state courts relevant to the Division’s litigation priorities

• The existing portfolio includes active or recent cases in the First, Second, Ninth, and D.C. Circuits, as well as numerous preliminary injunction, motion-to-dismiss, discovery, and appellate proceedings

Legal Research & Case Development

• Conduct and supervise sophisticated legal research involving constitutional, administrative, statutory, and procedural issues

• Monitor developing case law and identify emerging legal theories that may support CHD’s strategic litigation objectives

• Develop factual and evidentiary records necessary to support impact litigation

• Develop parameters and conduct targeted plaintiff searches, including interviewing and assessing potential plaintiffs

• Work with experts, researchers, physicians, scientists, and other subject-matter specialists to develop expert testimony and supporting evidence

• Ensure that legal theories and factual assertions are thoroughly researched and supported

Legal Team Leadership & Supervision

• Supervise Staff Attorneys and other legal personnel assigned to Division cases

• Assign and review legal research, drafting, discovery, and case-management work

• Provide substantive guidance, training, feedback, and professional development to attorneys and legal staff

• Coordinate internal litigation teams to ensure consistent mission-aligned strategy and high-quality legal work

• Develop detailed case budgets, monitor spend vs. budget closely, and realign as needed

• Establish clear responsibilities, deadlines, and reporting processes for assigned matters

Outside Counsel & Expert Coordination

• Coordinate outside law firms, public interest attorneys, local counsel, and other legal partners engaged in CHD litigation to ensure consistent mission-aligned strategy and high-quality legal work. Coordinate with Managing Director and CHD’s General Counsel

• Identify and retain appropriate experts, consultants, and specialized counsel where necessary

• Review outside counsel work product, litigation strategy, budgets, and case progress

• Work with outside counsel to develop detailed case budgets, monitor spend vs. budget closely, and work with outside counsel to realign as needed

• Ensure that outside counsel litigation strategies remain aligned with CHD’s broader objectives

Cross-Departmental Collaboration

• Work closely with the Managing Director and CHD’s Science & Research, Communications & Media, Federal & State Advocacy, Government Affairs, Grassroots Organizing, and other departments to support active litigation.

• Provide legal analysis and case updates to CHD leadership and relevant internal teams

• Coordinate with communications staff regarding public explanations of significant litigation developments

• Support the development of advocacy, educational, and public-facing materials related to litigation where appropriate

• Ensure that litigation remains integrated with CHD’s broader educational, policy, advocacy, and grassroots initiatives

• Attend meetings and events as required

• Respond to calls, emails and text communications in a timely manner

• All other duties as assigned

• Supervisory Duties:

  • Recruits, interviews, hires and trains new staff in the department

  • Oversees the daily workflow of the department

  • Develops staff, provide constructive and timely performance evaluations and regular feedback to direct reports

  • Handles performance corrections as needed in accordance with company policy

• J.D. from an accredited law school

• Active membership in good standing with at least one U.S. State Bar

• 8+ years of litigation experience, with substantial responsibility for complex federal litigation

• Significant experience litigating constitutional, civil rights, administrative, public interest, or related matters

• Demonstrated experience handling cases through multiple stages of litigation, including pleadings, discovery, dispositive motions, hearings, and appeals

• Strong understanding of federal constitutional law, including First Amendment, Due Process, and related civil rights doctrines

• Experience with federal court procedure and complex legal research and writing

• Experience with temporary restraining orders, preliminary injunctions, dispositive motions, discovery, and evidentiary proceedings

• Excellent legal research, analytical, writing, and oral advocacy skills, and familiarity with online legal research tools

• Ability to understand and litigate matters involving complex scientific, medical, regulatory, and administrative records

• Ability to manage multiple complex cases, deadlines, and litigation teams simultaneously

• Strong understanding of strategic litigation and the interrelation of litigation, education, advocacy, and public policy

• Strong interpersonal and communication skills

• Ability to work with a diverse group of clients, attorneys, experts, researchers, advocates, and organizational staff

• Flexibility and ability to thrive under limited structure and guidance

• Attention to detail

DESIRED

• Significant federal appellate litigation experience

• Experience with state law civil rights/human rights litigation

• Experience litigating First Amendment religious liberty and religious accommodation cases

• Experience with First Amendment and medical speech litigation

• Experience with Title VII and ADA litigation

• Experience with administrative law and Administrative Procedure Act litigation

• Experience with FOIA litigation

• Experience with public health agency litigation

• Experience with vaccine mandate, vaccine exemption, informed consent, or vaccine injury litigation experience 

• Familiarity with federal vaccine injury programs.

• Experience with class action litigation.

• Experience supervising attorneys or managing litigation teams.

Children’s Health Defense (CHD) is a litigation advocacy organization dedicated to protecting child health, ending the epidemic of children’s chronic health conditions by eliminating harmful environmental exposures, holding those responsible accountable, and establishing safeguards. Guided by science, we are tackling big pharma, holding big industry accountable at an unprecedented scale, and establishing safeguards to make a safer environment for children. We share our discoveries about harmful environmental exposures with the public and nurture a culture of leadership in communities. Our programs and resources cultivate science literacy and build a foundation of collaborative problem-solving among our next generation of leaders, scientists, physicians, citizens, and stewards. Working both nationally and internationally, our collaborative approach engages local communities, governments, the private sector, and other partners.