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

Lawrence S. Ebner

1701 Pennsylvania Ave NW
Suite 200
Washington, DC 20006

An Independent, Highly Experienced, Appellate Specialist

Larry Ebner is an accomplished, steadfast advocate for businesses and industries in federal and state appellate courts throughout the United States. Companies of all sizes, national trade associations, and professional organizations call upon Larry when they need an articulate voice in the Supreme Court, federal courts of appeals, and state appellate courts.

Larry began practicing law in 1972 following graduation from Harvard Law School. His first legal position was as a U.S. Department of Justice Honors Program attorney. He then spent  42 years as a Washington, D.C.-based litigator and appellate practice leader at a law firm that eventually was absorbed by a global giant. In 2016 Larry decided to depart “Big Law” so that he could serve his clients in a more personalized, cost-effective manner. He launched his own nationwide appellate litigation boutique, Capital Appellate Advocacy PLLC.

Much of Larry’s practice focuses on matters that involve the federal government or federal law. This includes, for example, challenges to federal regulations and administrative actions; litigation concerning a broad range of federally regulated or procured products or services; and federal civil justice issues such as class-action fairness. Larry is particularly well known for his substantive expertise on federal preemption of state and local law, and all aspects of  pesticide regulation.

Strategic Thinking Enhanced By Finely Honed Brief Writing & Oral Advocacy Skills

Clients and colleagues praise Larry for his analytical, brief writing, and oral advocacy skills, and for approaching litigation and other client problems strategically.

Larry is a “hands on” attorney. He researches and writes his own legal briefs, and personally appears in court on behalf of clients. But when helpful to a client, Larry teams seamlessly with trial counsel at other firms.

Flexibility

As an independent professional, Larry has the flexibility to serve the needs of all types and sizes of corporate and nonprofit clients. His solo-practice firm rarely encounters the conflicts of interest that burden multi-practice mega-firms. Larry also sets his own flat-rate and hourly-rate fees, which are usually lower than a large firm would charge for a senior partner with Larry’s level of experience.

Devoted To the Legal Profession

Larry is a prolific writer and popular speaker on a broad range of subjects. Some of his favorite topics include the practical significance of recent Supreme Court decisions, the writing styles of Supreme Court justices, and preparation of high-impact amicus curiae briefs.

Larry has been inducted as a Fellow of the American Academy of Appellate Lawyers, where he serves as Communications Committee chair.  He also serves as Immediate Past Chair of the Amicus Committee, and Publications Chair of the Appellate Advocacy Committee, for DRI-The Voice of the Defense Bar, a 20,000-member organization representing the civil litigation defense bar.

Harvard Law School J.D. (1972)

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

Fellow, American Academy of Appellate Lawyers

  • Chair, Communications Committee

DRI-The Voice of the Defense Bar

  • Immediate Past 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

    For more than 45 years, Capital Appellate Advocacy founder Larry Ebner has represented and advised a multitude of businesses and industries in complex civil litigation 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 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 Defendants

    • 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.

    »  Home Depot U.S.A., Inc. v. Jackson, No. 17-1471 (merits stage) [removal of third-party and counterclaim class-action claims under CAFA, 28 U.S.C. § 1453(b)]

    »  Home Depot U.S.A., Inc. v. Jackson, No. 17-1471 (petition stage) [removal of third-party and  counterclaim class-action claims under CAFA, 28 U.S.C. § 1453(b)]

    »  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 LitigationNo. 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]

  • 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

For more than 45 years, Capital Appellate Advocacy founder Larry Ebner has represented and advised a multitude of businesses and industries in complex civil litigation 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 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 Defendants

  • 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.

»  Home Depot U.S.A., Inc. v. Jackson, No. 17-1471 (merits stage) [removal of third-party and counterclaim class-action claims under CAFA, 28 U.S.C. § 1453(b)]

»  Home Depot U.S.A., Inc. v. Jackson, No. 17-1471 (petition stage) [removal of third-party and  counterclaim class-action claims under CAFA, 28 U.S.C. § 1453(b)]

»  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 LitigationNo. 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]

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