Winning appeals requires
strategic-thinking, skill and experience.

Lawrence S. Ebner

1701 Pennsylvania Ave NW
Suite 200
Washington, DC 20006

Lawrence S. Ebner


Independent, Pro-Business, Flat-Fee Appellate Specialist With a Half-Century of Litigation Experience


Larry Ebner is an accomplished, steadfast advocate for individual businesses and entire industries in the Supreme Court, federal courts of appeals, and state appellate courts. Companies of all sizes, national trade associations, and free-enterprise public interest groups call upon Larry when they need an articulate voice in the nation’s appellate courts.

Larry began practicing law in 1972 following graduation from Harvard Law School and Dartmouth College. His first legal position was as an Honors Program attorney in the Civil Division of the U.S. Department of Justice. He then spent 42 years as a Washington, D.C.-based litigator and appellate practice leader at a now-global  law firm. In 2016 Larry  launched his own independent, nationwide, appellate litigation boutique, Capital Appellate Advocacy PLLC.

Much of Larry’s practice focuses on appellate litigation involving federal law. This includes cases concerning interpretation or application of the Constitution, federal statutes, or federal  regulations; suits against the United States or federal departments or agencies; tort litigation relating to federally regulated or procured products or services; and federal civil justice issues from a business point of view.

Larry also serves as Executive Vice President & General Counsel of the Atlantic Legal Foundation, where he is responsible for all aspects of that national, nonprofit, public interest law firm’s renowned amicus curiae (“friend of the court”) program. Larry reviews requests for amicus support and personally drafts the Foundation’s amicus briefs, which focus on individual liberty, free enterprise, property rights, limited & responsible government, sound science in judicial & regulatory proceedings, and effective education, including parental rights and school choice.

Strategic Thinker With 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. There is no double or triple billing of clients with a multi-city hierarchy of partners and associates. Larry personally researches and writes his own legal briefs, and if helpful to a client, seamlessly coordinates with trial counsel at other firms.

Flexible

After decades of “Big Law” experience, Larry decided to practice law as an independent professional to better serve the needs of all types and sizes of corporations and nonprofit organizations. His solo-practice firm rarely encounters the conflicts of interest that often burden global mega-firms. Larry  sets his own flat-rate and hourly-rate fees, which are significantly lower than a large firm would charge for a senior partner with Larry’s level of knowledge, experience, and skills.

Devoted To, and Recognized By, the Legal Profession

Larry is a prolific writer and sought-after speaker on a broad range of legal subject. Some of his favorite topics include emerging civil litigation issues that affect free enterprise, individual liberty, or the federal administrative state; the role of appellate specialists in civil litigation; and preparation and use of amicus curiae briefs.

Larry’s primary volunteer professional activity is serving as Chair of the DRI Center for Law and Public Policy, which engages in advocacy and scholarship on behalf of DRI’s 16,000 civil litigation defense attorney members.

Larry has been inducted as one of approximately 350 Fellows of the American Academy of Appellate Lawyers, whose membership is reserved for highly skilled and experienced appellate advocates. He also has been chosen as one of approximately 1,200 peer-nominated and vetted Defense Counsel members of the Federation of Defense & Corporate Counsel, where he is a Vice Chair of the Appellate Law Section.

In recognition of his accomplishments, Thomson Reuters has selected Larry as a Washington, D.C. appellate litigation “Super Lawyer” for 2018, 2019, 2020, 2021, 2022, and 2023.

Harvard Law School J.D. (1972)

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

Fellow, American Academy of Appellate Lawyers

 

Federation of Defense & Corporate Counsel

 

  • Vice Chair, Appellate Law Section

DRI-The Voice of the Defense Bar

 

  • Chair, Center for Law and Public Policy
  • Past Chair, Amicus Committee
  • Past Publications Chair, Appellate Advocacy Committee
  • Former Director, Nat’l Foundation for Judicial Excellence

International Network of Boutique & Independent Law Firms

 

The Federalist Society

 

The Heritage Foundation

 

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 Tenth Circuit
  • 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

Services

Capital Appellate Advocacy

For almost 50 years, Capital Appellate Advocacy founder Larry Ebner has represented and advised a multitude of businesses and industries in complex civil litigation, primarily in cases involving the federal government or federal law. He is a hands-on attorney whose steadfast mission is to deliver high-quality written and oral advocacy, and achieve justice, for his clients.

Larry's nationwide litigation activities include proceedings before the Supreme Court of the United States, federal courts of appeals and district courts, state appellate courts, federal and state government agencies, arbitration panels, and other  dispute resolution forums.

As an independent professional, Larry personally strategizes, researches, and drafts many types of advocacy documents. These include, for example, Supreme Court certiorari petitions and oppositions, merits briefs, and amicus curiae briefs; U.S. Court of Appeals merits briefs, amicus curiae briefs, and motions for interlocutory appeal and stay-pending-appeal; U.S. District Court motions to dismiss and for summary judgment; and state supreme court petitions for review, merits briefs, and amicus curiae briefs.

Larry also serves as Executive Vice President and General Counsel of the Atlantic Legal Foundation, a national, nonprofit, public interest law firm which advocates for individual liberty, free enterprise, property rights, limited government, sound science in judicial and regulatory proceedings, and school choice. Larry is responsible for conducting the Foundation's renowned amicus curiae program, including by personally draft most of the Foundation's amicus briefs.

Appellate Litigation Services

Capital Appellate Advocacy founder Larry Ebner offers clients throughout the United States a full range of appellate litigation services in the Supreme Court, U.S. Courts of Appeals, and state appellate courts. These services include —

Supreme Court

» Assessing the “certworthiness” of a case for possible appeal to the Supreme Court

» Strategizing & framing issues for Supreme Court review

» Drafting certiorari petitions

» Drafting briefs in opposition to certiorari petitions

» Drafting merits-stage briefs for petitioners or respondents

» Soliciting & coordinating petition-stage & merits-stage amicus curiae (“friend of the court”) support

» Drafting petition-stage & merits-stage amicus curiae briefs

» Drafting applications for stays

» Representing parties at meetings with the Office of the Solicitor General when the Court has issued a “Call for the Views of the Solicitor General (“CVSG”) order

» Organizing and participating in moot courts

» Presenting oral arguments before the Court

» Analyzing Supreme Court opinions

U.S. Courts of Appeals

» Assessing a potential appeal’s likelihood of success

» Strategizing & framing issues for appeal or cross-appeal

» Preparing case docketing materials

» Drafting petitions for permission to appeal interlocutory orders

» Drafting motions for stay pending appeal

» Drafting petitions for review or enforcement of federal agency orders

» Drafting or opposing motions to intervene

» Drafting petitions for a writ of mandamus and answers to mandamus petitions

» Drafting or opposing motions to dismiss or for summary affirmance

» Drafting briefs supporting or opposing a district court’s grant or denial of preliminary injunctions

» Drafting merits briefs for appellants/petitioner or appellees/respondents

» Preparing appendix materials

» Drafting Rule 28(j) letters

» Soliciting & coordinating amicus curiae support

» Drafting amicus curiae briefs

» Organizing & participating in moot courts

» Presenting oral argument

» Drafting petitions for panel rehearing or rehearing en banc

» Analyzing court of appeals opinions

Federal District Courts (pre-appeal services in coordination with trial counsel)

» Drafting notices of removal from state court

» Opposing motions to remand to state court

» Framing legal issues for potential appeal

» Drafting, or opposing, motions to dismiss, for judgment on the pleadings, for summary judgment, or for judgment as a matter of law

» Making & preserving the evidentiary record for potential appeal

» Drafting motions for interlocutory appeal under 28 U.S.C § 1292(b), Fed. R. Civ. P. 23(f), or the collateral order doctrine

» Drafting notices of appeal

State Appellate Courts (in coordination with trial counsel)

» Assessing & framing potential grounds for appeal

» Drafting or opposing petitions for review

» Drafting merits briefs

» Soliciting and coordinating petition-stage & merits-stage amicus curiae support

» Drafting amicus briefs

» Organizing & participating in moot courts

» Presenting oral argument

» Analyzing state appellate courts’ opinions

Featured Appellate Litigation Articles (click to read)

Law360 — Coping With a Pandemic: Appellate Specialist Larry Ebner

Flat-Fee Legal Billing Can Liberate Attorneys

Redefining the “Supreme Court Bar”

Supreme Court Justices Continue To Debate When To Overturn “Bad” Precedent

The Fuss Over “Stare Decisis”

Amicus Curiae (“Friend of the Court”) Briefs

Capital Appellate Advocacy founder Larry Ebner has almost half a century of experience authoring amicus curiae briefs that give national trade associations, professional organizations, pro-business legal foundations, and individual companies a voice in the Supreme Court, federal courts of appeals, and state appellate courts. Larry has written and spoken extensively on the strategic use and preparation of amicus briefs. He serves as Executive Vice President & General Counsel of the Atlantic Legal Foundation, where he conducts that pubic interest law firm’s Supreme Court amicus program, and as Vice Chair of the Center for Law and Public Policy and Immediate Past Chair of the Amicus Committee for DRI–The Voice of the Defense Bar, whose 16,000 members represent businesses and industries in a broad range of litigation.

Recent Amicus Briefs (click to read):

» Coinbase, Inc. v. BielskiNo. 22-105 (merits stage) [co-author] [whether district court proceedings must be stayed while an interlocutory appeal of  a denial of motion to compel arbitration is pursued]

» Biden v. Nebraska  & Dep't of Educ. v. Brown, Nos. 22-506 & 22-535 (merits stage) [whether the Biden administration's mass student debt cancellation violates the Appropriations Clause of the Constitution]

» Ass'n des Eleveurs v. Bonta, No. 22-472 (petition stage) [preemption of California statute banning sale of federally approved foie gras poultry products)

» In re Grand Jury, No. 21-1397 (merits stage) [co-author] [scope of attorney-client privilege in connection with dual-purpose communications]

» Parents Defending Education v. Linn-Mar Cmt'y School Dist(8th Cir.)  [co-author] [whether transgender student policy violates parents' right to control their children's upbringing & education"] [co-author]

» Changizi v. Dep't of Health and Human Services(6th Cir.) [government suppression of COVID-19 "misinformation" on social media]

» Glenhaven Healthcare LLC v. Saldana, No. 22-192 (petition stage) [removal of COVID personal injury and wrongful death suits from state to federal court]

» Mallory v. Norfolk Southern Ry. Co., No. 21-1168 (petition stage) [assertion of general personal jurisdiction over corporate defendants based on registration to do business in a State]

» Suncor Energy v. Board of County Commissioners, No. 21-1550 [removal of climate change damages suits filed by state and local governments against fossil fuel energy companies]

» SEC v. Cochran, No. 21-1239 (merits stage) [district court jurisdiction to consider structural constitutional claims while an SEC administrative enforcement proceeding is underway] 

» Axon v. FTC, No. 21-86 (merits stage) [district court jurisdiction to consider structural constitutional claims while an FTC administrative enforcement proceeding is underway]

» Sackett v. EPANo. 21-454 [scope of Clean Water Act regulation over wetlands]

» 3M Company v. Amador, No. 21-1100[federal district judges' gatekeeper duty to rule that junk science & other unreliable expert testimony is inadmissible]

» Cooper Tire & Rubber Co. v. McCall, No. 21-926 [whether a corporation's registration to do business in a State should be deemed consent to the State's general jurisdiction]

» Rivera-Zayas v. Our Lady of Consolation Geriatric Care Center, No. 21-2164 (Second Circuit) [removal of Covid-19-related, state-court personal injury and wrongful death suits that implicate the federal PREP Act] 

»  John K. MacIver Inst. for Pub. Pol'y v. Evers, No. 21-388 (petition stage) [co-author]  [First Amendment test for selective exclusion of the press from governmental press briefings]  

» Pilliod v. Monsanto Co.No. S270957 (Cal. Sup. Ct.) (petition stage) [FIFRA preemption of Roundup (glyphosate) failure-to-warn claims]

» Johnson & Johnson v. Mississippi, ex rel. Fitch, No. 21-348 (petition stage) [FDCA preemption of talcum powder-related consumer protection suit brought by state attorney general]

» AMN Services v. Clarke, No. 21-296 (petition stage) [judicial deference to unauthoritative Department of Labor handbook in FLSA overtime case]

» Monsanto Co. v. Hardeman, No. 21-241 (petition stage) [FIFRA preemption of failure-to-warn suit where EPA has determined that the warning at issue is scientifically unwarranted]

»  Axon Enterprise, Inc. v. FTC, No 21-86 (petition stage) [district court jurisdiction to consider structural constitutional claims while an FTC administrative enforcement proceeding is underway]

»  Johnson & Johnson v. Ingham, No. 20-1223 (petition stage) (junk science’s detrimental effects on juries and due process in talc product liability litigation)

» Axon Enterprise, Inc. v. FTC, No. 20-15662 (9th Cir.) (supporting pet. for reh'g en banc) [district court jurisdiction to consider structural constitutional claims while an FTC administrative enforcement proceeding is underway]

» Hamilton v. Speight, No. 20-1123 (petition stage) [relationship between state-law right of publicity and First Amendment freedom on expression in context of video games]

» Preserve Responsible Shoreline Management v. City of Bainbridge Island, No. 20-787 (petition stage) [due process right to present scientific testimony and other evidence in support of a constitutional challenge to a land-use regulation]

» BP v. Mayor & City Council of Baltimore, No. 19-1189 (merits stage) [removal of climate change tort suits against fossil fuel energy companies from state to federal courts]

» IQVIA, Inc. v. Mussat, No. 20-510 (petition stage) [personal jurisdiction principles governing federal class actions that purport to be national in scope]

» Gibson v. Securities and Exchange Commission, No. 20-276 (petition stage) [district court jurisdiction to consider structural constitutional claims while an SEC administrative enforcement proceeding is underway]

» CACI Premier Technology, Inc. v. Al Shimari, No. 19-648 (petition stage) [applicability of collateral order doctrine where district court denies federal contractor's immunity-from-suit claim]

» Winston-Salem Industries for the Blind v. PDS Consultants, Inc., No. 19-329 (petition stage) [federal procurement-related issue involving AbilityOne Program for individuals who are blind or severely disabled]

»  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]

»  American Home Products v. Ferrari, No. S0761708 (Ga. Sup. Ct.) [co-author] [construction of federal statute's express preemption provision in product liability suit]


Featured Amicus Brief Articles (click to read)

Federal Courts Should Follow Supreme Court’s Amicus Stance

How To Draft An Amicus Brief That Actually Gets Read

Representing Amici Curiae In High-Profile Appeals

Law360 Op-Ed: Appellate Courts Should Welcome Well-Craft

ed Amicus Briefs

Five-Minute Guide To Trade Association Amicus Briefs

“Friendly Guidance” From the Supreme Court Clerk

Learning the High Art of Amicus Brief Writing

Making Strategic Use of Amicus Briefs

The United States As Amicus Curiae: Making Uncle Sam Your New Best Friend

Clients Represented

Capital Appellate Advocacy founder Larry Ebner represents and advises corporate and non-profit clients that span a broad range of industries.  His clients include, for example —

» National trade associations, professional organizations, and pro-business legal foundations

» Defense-industry contractors

» Chemical manufacturers

» Producers & users of agricultural, antimicrobial, structural, lawn care, and wood preservative pesticides; manufacturers of pesticidal devices

» Pharmaceutical companies


Featured Articles — Government Contractors (click to read)

Reining In the Qui Tam Bar

In-House Counsel “Multi-Purpose” Communications Shielded From FTC Probe

A Closer Look at Federal “Preemptive” Contract Terms

Supreme Court Delivers Another Qui Tam Setback To Government Contractors

Supreme Court Opinion Undermines Integrity of FCA Qui Tam Scheme (Federalist Society podcast)

Defending Battlefield Contractors

Boyle — Justice Scalia’s Gift To Government Contractors Confronted with Potential Tort Liability

Featured Articles  — Pesticides (click to read)

California Court’s Preemption Ruling Clashes with EPA No-Cancer-Warning Determination for Roundup® Labeling

9th Circuit Herbicide Decision is Stuck In the Weeds

California Can’t Usurp USEPA’s Authority Over Roundup® Labeling

Pesticide Ban Bill Ditches Science for Politics

Can FIFRA Preemption Be Revived?

Insights

Connect

1701 Pennsylvania Ave NW, Suite 200
Washington, DC 20006

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