Winning high-stakes appeals requires
strategic-thinking, skill and experience.

Lawrence S. Ebner

1701 Pennsylvania Ave NW
Suite 200
Washington, DC 20006

Lawrence S. Ebner

Larry Ebner, a Fellow of the American Academy of Appellate Lawyers, is an accomplished appellate advocate, strategist, and analyst. After 42 years at a law firm that evolved into the world’s largest, Larry launched his own, national, high-stakes appellate litigation boutique, Capital Appellate Advocacy.

Clients and colleagues routinely praise Larry for his strategic thinking, as well as for his analytical, brief-writing, and oral advocacy skills, and his hands-on approach. He has authored hundreds of briefs for corporations and industry and professional organizations on complex legal issues in the Supreme Court, in every federal circuit court of appeals, and in state appellate courts, and has presented oral arguments in federal and state appellate courts throughout the United States. Much of Larry’s practice focuses on appeals that implicate significant federal interests—for example, cases involving federally regulated or procured products or services—and civil justice issues—for example, class-action fairness. Larry is a nationally recognized expert on constitutionally based pretrial defenses, such as federal preemption of state-law product liability suits involving pesticides, drugs, medical devices, and other federally regulated products.

Larry’s thought leadership is reflected in his prolific professional writing and speaking. He serves as Editor of The Appellate Advocate, the newsletter of the American Academy of Appellate Lawyers.  Larry also is active in DRI-The Voice of the Defense Bar, where he serves as Chair of the Amicus Committee and a frequent author of Supreme Court amicus curiae briefs on behalf of the 22,000-lawyer organization. Following graduation from Dartmouth College and Harvard Law School, Larry began his legal career as an Honors Program attorney in the Civil Division of the U.S. Department of Justice.

  • Harvard Law School
    J.D. (1972)

Dartmouth College
B.A., with honors, Phi Beta Kappa (1969)

Fellow, American Academy of Appellate Lawyers

  • Editor, The Appellate Advocate

DRI-The Voice of the Defense Bar

  • Chair, Amicus Committee
  • Publications Chair, Appellate Advocacy Committee
  • Member, Center for Law and Public Policy
  • Former Board Member, National Foundation for Judicial Excellence

The Federalist Society

Dartmouth Lawyers Association

District of Columbia Bar

Courts

  • Supreme Court of the United States
  • U. S. Court of Appeals for the District of Columbia Circuit
  • U. S. Court of Appeals for the Federal Circuit
  • U. S. Court of Appeals for the First Circuit
  • U. S. Court of Appeals for the Second Circuit
  • U. S. Court of Appeals for the Third Circuit
  • U. S. Court of Appeals for the Fourth Circuit
  • U. S. Court of Appeals for the Fifth Circuit
  • U. S. Court of Appeals for the Sixth Circuit
  • U. S. Court of Appeals for the Seventh Circuit
  • U. S. Court of Appeals for the Eighth Circuit
  • U. S. Court of Appeals for the Ninth Circuit
  • U. S. Court of Appeals for the TenthCircuit
  • U. S. Court of Appeals for the Eleventh Circuit
  • U. S. District Court for the District of Columbia
  • U. S. District Court for the District of Maryland

Industries/Services

  • Overview

    Capital Appellate Advocacy

    Capital Appellate Advocacy is a national, high-stakes appellate litigation boutique. Throughout his 45-year legal career, the firm's founder, Larry Ebner, has represented and counseled a multitude of businesses and industries on complex legal issues before the Supreme Court, federal courts of appeals, state appellate courts, trial courts, government agencies, arbitration panels, and other forums. He strategizes and drafts certiorari petitions and oppositions, merits and amicus curiae briefs, interlocutory appeals, dispositive motions, and many other types of advocacy documents. Larry’s steadfast mission is to deliver high-quality written and oral advocacy and achieve civil justice for his clients.

  • Chemicals & Other Manufacturing

    • Defense of toxic & environmental tort litigation
    • Pursuit of statutes of limitation & repose defenses
    • Spoliation of evidence and related matters
    • National Environmental Policy Act (NEPA), Endangered Species Act (ESA), & Toxic Substances Control Act (TSCA) compliance
    • California Proposition 65 litigation

  • Class-Action Defendents

    • Challenges to state court jurisdiction over out-of-state defendants
    • Interlocutory appeal of adverse class-certification decisions
    • Pursuit of mootness, commonality/predominance, and other class-action defenses
    • Scope and applicability of arbitration provisions under Federal Arbitration Act

  • Critical Infrastructure

    • Litigation opposing judicial interference with operation of telecommunications, transportation, and other national critical infrastructure sectors
    • Industry challenges to environmental restrictions on construction & maintenance of transportation, energy, and other critical infrastructure
    • Federal preemption of local government restrictions on interstate passenger rail operations

  • Drugs, Vaccines & Medical Devices

    • Lack of state court jurisdiction over out-of-state drug manufacturers
    • Advocacy of federal preemption defenses in drug, vaccine, and medical device product liability litigation
    • Labeling, misbranding, & false advertising issues
    • Product liability prevention

  • Government Contractors

    • Pretrial defense of government contractors in False Claims Act qui tam suits
    • Advocacy of political question, combatant activities preemption, qualified immunity, Defense Base Act, and other specialized pretrial defenses on behalf of war-zone contractors in wrongful death & personal injury litigation
    • Boyle government contractor product liability defense
    • State secrets doctrine
    • Protection of privileged internal investigation communications

  • Insurance & Financial

    • Constitutionality of SEC administrative enforcement proceedings
    • Availability of arbitration to resolve insurance coverage disputes
    • Scope and application of Fair Debt Collection Practices Act
    • Telephone Consumer Protection Act

  • Pesticides

    • Representation of manufacturers, formulators, distributors, and users of agricultural, industrial, wood preservative, structural, landscaping, and consumer pesticides
    • Pretrial defense of pesticide-related product liability & toxic tort suits, including the FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) preemption defense
    • Industry intervention in public interest group suits against U.S. EPA and state regulatory agencies
    • Joint data development group & individual registrant representation in cancellation, suspension, and other regulatory review proceedings
    • Arbitration of FIFRA data compensation disputes
    • Settlement & defense of enforcement proceedings
    • Preemption of state & local regulation
    • Prop 65 and other California issues

  • Trade Associations / Nonprofit Groups - Amicus Briefs

    • High-impact amicus curiae (“friend of the court”) briefs on behalf of national trade associations & other non-profit, pro-business organizations in the Supreme Court, federal courts of appeals, and state appellate courts
    • Recent Supreme Court amicus briefs:

      »  Supreme Court of New Mexico v. United States, No. 16-1323 [federal prosecutors’ compliance with state-imposed professional conduct rules governing issuance of grand jury subpoenas to attorneys]

      »  Schoenefeld v. Schneiderman, No. 16-780 [New York statute imposing in-state physical office requirement against non-resident bar members]

      »  Bristol-Myers Squibb v. Superior Court, No. 16-466 [California state-court exercise of specific jurisdiction over out-of-state plaintiffs’ product liability claims against out-of-state corporate defendants]

      »  FCA U.S. LLC v. The Center for Auto Safety, No. 15-1211 [federal standard for unsealing of discovery documents containing confidential business information]

      »  State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, No. 15-513 [sanction for  violation of False Claims Act qui tam suit mandatory seal requirement]

      »  AT&T v. United States ex rel. Heath, No. 15-363 [judicial enforcement of Fed. R. Civ. P. 9(b) fraud-pleading requirements in False Claims Act qui tam suits]

      »  The Dow Chemical Co. v. Industrial Polymers, Inc., No. 14-1091 [class-certification principles governing predominance & commonality]

      »  Campbell-Ewald Co. v. Gomez, No. 14-857 [class-action mootness & derivative sovereign immunity]

      »  Carpenter Co. v. Ace Foam, Inc., No. 14-577 [Supreme Court jurisdiction to review class-certification decisions where a federal court of appeals has denied interlocutory review]

      »  CTS Corp. v. Waldburger, No. 13-339 [viability of state statutes of repose governing CERCLA hazardous substance-related personal injury & property damage suits]

  • Law Practice

    • Representation of in-house counsel bar association as amicus curiae in U.S. Supreme Court case involving application of state professional conduct rules to federal prosecutors who subpoena attorneys to present grand jury evidence about current or former clients
    • Representation of in-house counsel bar association as amicus curiae in U.S. Supreme Court constitutional challenge to in-state physical office requirement applicable to nonresident members of the New York Bar

Capital Appellate Advocacy

Capital Appellate Advocacy is a national, high-stakes appellate litigation boutique. Throughout his 45-year legal career, the firm's founder, Larry Ebner, has represented and counseled a multitude of businesses and industries on complex legal issues before the Supreme Court, federal courts of appeals, state appellate courts, trial courts, government agencies, arbitration panels, and other forums. He strategizes and drafts certiorari petitions and oppositions, merits and amicus curiae briefs, interlocutory appeals, dispositive motions, and many other types of advocacy documents. Larry’s steadfast mission is to deliver high-quality written and oral advocacy and achieve civil justice for his clients.

Chemicals & Other Manufacturing

  • Defense of toxic & environmental tort litigation
  • Pursuit of statutes of limitation & repose defenses
  • Spoliation of evidence and related matters
  • National Environmental Policy Act (NEPA), Endangered Species Act (ESA), & Toxic Substances Control Act (TSCA) compliance
  • California Proposition 65 litigation

Class-Action Defendents

  • Challenges to state court jurisdiction over out-of-state defendants
  • Interlocutory appeal of adverse class-certification decisions
  • Pursuit of mootness, commonality/predominance, and other class-action defenses
  • Scope and applicability of arbitration provisions under Federal Arbitration Act

Critical Infrastructure

  • Litigation opposing judicial interference with operation of telecommunications, transportation, and other national critical infrastructure sectors
  • Industry challenges to environmental restrictions on construction & maintenance of transportation, energy, and other critical infrastructure
  • Federal preemption of local government restrictions on interstate passenger rail operations

Drugs, Vaccines & Medical Devices

  • Lack of state court jurisdiction over out-of-state drug manufacturers
  • Advocacy of federal preemption defenses in drug, vaccine, and medical device product liability litigation
  • Labeling, misbranding, & false advertising issues
  • Product liability prevention

Government Contractors

  • Pretrial defense of government contractors in False Claims Act qui tam suits
  • Advocacy of political question, combatant activities preemption, qualified immunity, Defense Base Act, and other specialized pretrial defenses on behalf of war-zone contractors in wrongful death & personal injury litigation
  • Boyle government contractor product liability defense
  • State secrets doctrine
  • Protection of privileged internal investigation communications

Insurance & Financial

  • Constitutionality of SEC administrative enforcement proceedings
  • Availability of arbitration to resolve insurance coverage disputes
  • Scope and application of Fair Debt Collection Practices Act
  • Telephone Consumer Protection Act

Pesticides

  • Representation of manufacturers, formulators, distributors, and users of agricultural, industrial, wood preservative, structural, landscaping, and consumer pesticides
  • Pretrial defense of pesticide-related product liability & toxic tort suits, including the FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) preemption defense
  • Industry intervention in public interest group suits against U.S. EPA and state regulatory agencies
  • Joint data development group & individual registrant representation in cancellation, suspension, and other regulatory review proceedings
  • Arbitration of FIFRA data compensation disputes
  • Settlement & defense of enforcement proceedings
  • Preemption of state & local regulation
  • Prop 65 and other California issues

Trade Associations / Nonprofit Groups - Amicus Briefs

  • High-impact amicus curiae (“friend of the court”) briefs on behalf of national trade associations & other non-profit, pro-business organizations in the Supreme Court, federal courts of appeals, and state appellate courts
  • Recent Supreme Court amicus briefs:

    »  Supreme Court of New Mexico v. United States, No. 16-1323 [federal prosecutors’ compliance with state-imposed professional conduct rules governing issuance of grand jury subpoenas to attorneys]

    »  Schoenefeld v. Schneiderman, No. 16-780 [New York statute imposing in-state physical office requirement against non-resident bar members]

    »  Bristol-Myers Squibb v. Superior Court, No. 16-466 [California state-court exercise of specific jurisdiction over out-of-state plaintiffs’ product liability claims against out-of-state corporate defendants]

    »  FCA U.S. LLC v. The Center for Auto Safety, No. 15-1211 [federal standard for unsealing of discovery documents containing confidential business information]

    »  State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, No. 15-513 [sanction for  violation of False Claims Act qui tam suit mandatory seal requirement]

    »  AT&T v. United States ex rel. Heath, No. 15-363 [judicial enforcement of Fed. R. Civ. P. 9(b) fraud-pleading requirements in False Claims Act qui tam suits]

    »  The Dow Chemical Co. v. Industrial Polymers, Inc., No. 14-1091 [class-certification principles governing predominance & commonality]

    »  Campbell-Ewald Co. v. Gomez, No. 14-857 [class-action mootness & derivative sovereign immunity]

    »  Carpenter Co. v. Ace Foam, Inc., No. 14-577 [Supreme Court jurisdiction to review class-certification decisions where a federal court of appeals has denied interlocutory review]

    »  CTS Corp. v. Waldburger, No. 13-339 [viability of state statutes of repose governing CERCLA hazardous substance-related personal injury & property damage suits]

Law Practice

  • Representation of in-house counsel bar association as amicus curiae in U.S. Supreme Court case involving application of state professional conduct rules to federal prosecutors who subpoena attorneys to present grand jury evidence about current or former clients
  • Representation of in-house counsel bar association as amicus curiae in U.S. Supreme Court constitutional challenge to in-state physical office requirement applicable to nonresident members of the New York Bar

Insights

Connect

1701 Pennsylvania Ave NW, Suite 200
Washington, DC 20006

lawrence.ebner@capitalappellate.com
(202) 729-6337