When Associations Attack: Beware Standing And Other Pitfalls When Suing On Behalf Of Members

If you are an in-house lawyer for a trade or professional association, you probably spend a good amount of your time counseling the association and its members on the importance of complying with government regulations, industry-specific laws, and laws of general applicability, such as the antitrust laws.  On occasion, however, the circumstances may flip, with members pushing your association to file a lawsuit on behalf of members – perhaps to challenge a government regulation or to protect members from a perceived competitive threat.  How should you counsel your association in these situations?  On the one hand, you are sensitive to member needs and pressure.  On the other, pursuing litigation is costly and time consuming, and may expose your association and its members to potential counterattacks.  Balancing these interests is often a complex task.