Winning high-stakes appeals requires
strategic-thinking, skill and experience.
Larry Ebner is an accomplished and steadfast advocate for business and industry in federal and state appellate courts throughout the United States. Individual corporations, national trade associations, and professional groups call upon Larry when they need an experienced, articulate, and persuasive voice in the U.S. Supreme Court, federal courts of appeals, and state courts of last resort. After more than 40 years as a Washington, D.C.-based appellate litigator and practice leader at a major law firm, Larry launched his own, nationwide, appellate litigation boutique, Capital Appellate Advocacy PLLC. He is a graduate of Harvard Law School and a Fellow of the American Academy of Appellate Lawyers.
Clients and colleagues praise Larry for his strategic thinking, as well as for his hands-on approach and analytical, brief-writing, and oral advocacy skills. He has authored hundreds of briefs on complex legal issues – including many amicus curiae (“friend of the court”) briefs – and presented oral arguments in numerous federal and state appeals courts. Much of Larry’s practice focuses on appeals that implicate significant federal interests, such as national defense or federal regulation of potentially hazardous products, and civil justice issues, such as class-action fairness. Larry is particularly well known for his expertise on federal preemption of state and local law.
Larry’s thought leadership is reflected in his prolific professional writing and speaking. He 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 and appellate practice-related articles for that 22,000-lawyer organization. He also serves as Editor of The Appellate Advocate, the newsletter of the American Academy of Appellate Lawyers. In recognition of his appellate litigation achievements, Larry has been selected to the 2018 Washington DC Super Lawyers list.
Following graduation from Dartmouth College in 1969 and Harvard Law School in 1972, Larry began his legal career as an Honors Program attorney in the Civil Division of the U.S. Department of Justice.
Dartmouth College
B.A., with honors, Phi Beta Kappa (1969)
Fellow, American Academy of Appellate Lawyers
DRI-The Voice of the Defense Bar
National Defense Industrial Association
The Federalist Society
Dartmouth Lawyers Association
District of Columbia Bar
Courts
Throughout his 45-year legal career, Capital Appellate Advocacy'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.
Throughout his 45-year legal career, Capital Appellate Advocacy'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.
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.
» Association des Eleveurs de Canards et d'Oies du Quebec v. Becerra, No 17-1258 [federal preemption of California statute banning sale of foie gras]
» Medical Device Business Services, Inc. v. United States ex rel. Nargol, No. 17-1108 [application of Fed. R. Civ. P. 9(b) to False Claims Act qui tam complaints]
» In re KBR, Inc., Burn Pit Litigation, No. 17-1960 (4th Cir.) [application of political question doctrine to damages suits against "battlefield contractors"]
» Ferrellgas Partners v. Morgan-Larson, No. 17-441 [continuing-violation exception to 4-year antitrust statute of limitations]
» 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]
lawrence.ebner@capitalappellate.com
(202) 729-6337