Winning high-stakes appeals requires
strategic-thinking, skill and experience.
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 Co-Vice Chair of the Center for Law and Public Policy, 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.
In recognition of his accomplishments, Larry also has been selected as a Washington, D.C. Super Lawyer – Appellate Litigation for 2018, 2019, and 2020.
Harvard Law School J.D. (1972)
Dartmouth College B.A., with honors, Phi Beta Kappa (1969)
Fellow, American Academy of Appellate Lawyers
DRI-The Voice of the Defense Bar
The Federalist Society
Dartmouth Lawyers Association
District of Columbia Bar
Courts
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.
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.
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.
» Winston-Salem Industries for the Blind v. PDS Consultants, Inc., No. 19-329 (petiiton stage) [fedal 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 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