Winning high-stakes appeals requires
strategic-thinking, skill and experience.
1701 Pennsylvania Ave NW
Suite 200
Washington, DC 20006
Lawrence S. Ebner
Larry Ebner is an accomplished, steadfast, and independent 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, highly experienced voice in the U.S. Supreme Court, federal courts of appeals, and state appellate courts.
After more than 40 years as a litigator and practice leader at a major law firm in the nation’s capital, Larry launched his own, nationwide, civil appellate litigation boutique, Capital Appellate Advocacy PLLC. He is a graduate of Harvard Law School and a Fellow of the highly selective American Academy of Appellate Lawyers. In further recognition of his appellate litigation achievements, Larry is included on the 2018 & 2019 Washington DC Super Lawyers list.
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 and security, government procurement, and federal regulation of potentially hazardous products. He also represents the interests of business and industry in appeals involving civil justice issues, such as class-action fairness. Larry is particularly well known for his expertise on federal preemption of state and local law, including state product liability and tort 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 Immediate Past Chair of the DRI Amicus Committee, has authored Supreme Court amicus curiae briefs and appellate practice-related articles, and moderated appellate seminar panels, for that 20,000-lawyer organization.
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.
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
International Network of Boutique & Independent Law Firms
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
Republican National Lawyers Association
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
- Class-Action Defendants
- Critical Infrastructure
- Drugs, Vaccines & Medical Devices
- Government Contractors
- Insurance & Financial
- Pesticides
- Trade Associations / Nonprofit Groups - Amicus Briefs
- Law Practice
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 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]
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
Washington, DC 20006
lawrence.ebner@capitalappellate.com
(202) 729-6337
